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01/08/1992 Meeting
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01/08/1992 Meeting
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1/8/1992
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<br />e <br /> <br />Mr. Green later reported briefly on his participation, saying the Eugene <br />Decisions process was well-founded. A City of Corvallis councilor has asked <br />for information and wants to be kept apprised of the City's progress. <br /> <br />F. Political Campaign <br /> <br />Ms. Bascom announced that she will make her first issue-oriented campaign <br />statement at 11 a.m. in the Hult Center Lobby. She said this will be the <br />first of a series of such statements. Noting that the lobby is set up for <br />free concerts on Thursdays, Ms. Bascom has suggested that that facility be <br />made available for anyone making announcement for City office. <br /> <br />G. Opening of Olive Street <br /> <br />Ms. Bascom wondered if the opening of Olive Street to vehicular traffic is a <br />legal issue. <br /> <br />City Attorney Bill Gary said that council has the authority to open Olive <br />Street to vehicular traffic, and there is nothing in the charter that prohib- <br />its such action. He noted that the charter amendment that was passed last <br />year prohibiting traffic on the mall without a vote of the people does not <br />prohibit opening Olive Street. He said the mall area protected by the amend- <br />ment is described as Willamette Street from the south margin of 8th to the <br />north margin of lOth Avenue and Broadway Avenue from the east margin of <br />Charnel ton Street to the west margin of Oak Street. He noted that Olive <br />Street was conspicuous in its absence in the charter amendment. <br /> <br />e Responding to a question from Mr. Boles, Mr. Gary said that there is no defi- <br />nition of "vehicle" in the charter or City Code; therefore, he was not sure <br />if bicycles are considered vehicles. He said it is a difficult question <br />because it is not clear what the intent of the charter amendment was. <br /> <br />Mr. MacDonald asked that the City Attorney's Office define vehicle as it <br />relates to bicycles in the development of its opinion. <br /> <br />Responding to a question from Mayor Miller, Mr. Gary said there is a provi- <br />sion in State Law whereby the City can go to court in a single-party proceed- <br />ing and ask the court to declare that the City has authority to do whatever <br />it is undertaking. He did not recommend this because the legal system is <br />designed to have an adversary process before the court. The results from <br />this form of litigation is no better than legal advice. Mr. Gary said the <br />best approach is to take whatever legal advice is available, make a political <br />judgement about how to proceed, and answer challenges as they arise. <br /> <br />Mr. Nicholson said the council will make a serious mistake if it treats the <br />opening of Olive Street as a legal rather than political issue. He said he <br />firmly believes that if the voters are presented with a sound proposal, they <br />will respond with a sound decision, without raising further cynicism. <br /> <br />Mayor Miller suggested asking the Downtown Commission to develop a proposal <br />for opening Olive Street to vehicular traffic. Councilors agreed with the <br /> <br />e <br /> <br />MINUTES--Eugene City Council <br /> <br />January 8, 1992 <br /> <br />Page 2 <br />
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