03/10/1975 Meeting - Laserfiche WebLink

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Councilman Hamel said his understanding was that the home repair program was to 4It assist the aged, 62 years and older, and the disabled, 50 years and older. He didn't think all the needs of people in those categories had been taken care of yet. Vote was taken on the motion to amend committee action. Motion carried, Council members Murray, Haws, and Shirey voting aye; Council members Bradley and Hamel voting no. Zone Cha~ge on area south of Kingsley Road between Goodpasture Island Road and H. Willamette River - From County AGT to C-2 PD (Smith, Brown & Howell) Letter was received from Laurence E. Thorp, attorney representing Clarence Brown, one of the applicants, requesting that the application - tabled June 25, 1973 pend- ing consideration of Goodpasture Island commercial study - be removed from the table and a decision reached. Staff recommended suspension of rules before consideration of whether to take the issue from the table to give staff and Mr. Thorp opportunity without constraints to present options available to the Council if the issue was opened to further debate. Mr. Williams moved seconded by Mr. Hamel that the rules be suspended and staff and Attorney Thorp present arguments prior to decision on whether to remove the issue from the table. Motion carried unanimously. Copies of vicinity map showing location of the property in question were distributed to Council members. Assistant Manager stated the Planning Commission had acted on the Goodpasture Island study (Livingston & Blayney report) and recommendations would soon be before the Council. Stan Long, assistant city attorney, explained that suspension of the rules was recom- mended to give the opportunity for discussion by the Council members of testimony which might be presented at this time and to clarify the record since the tabling action took place before Fasano regulations came into being in January 1974. He said the request to remove from the'table could be denied. However, that action would raise the possibility of mandamus proceedings. He added that that consequence was speculative since there was'no formal suggestion of litigation, but a denial of reopening would "se't the stage" and make possible applicant's request for a court order that the zoning issue be considered. If the application was removed from the table, Mr. Long said, there were three options available. The Council could reach a decision on the rezoning request based on the present written record of the previous hearings. This procedure would not be in line with circuit court ruling that members not attending meetings at which the question was considered could take part in the decision only upon review of verbatim transcript. Since membership of the' Council is now different from that at the time of the hearings on this request and since taped recordings were not being used at the time of the hearings, the Council could not now review the written minutes of the meetings and render a de- cision without running the risk of court reversal. The city is appealing this circuit court ruling and the Council could decide to act consistently with its prior decision and decide on the record available. Mr. Long added that in conversa- tion with Mr. Thorp the applicant had indicated any objection to review of verbatim transcript would be waived if the option was taken to reach a decision on the record available. Another option, Mr. Long continued, would be to reopen the issue and conduct a full hearing before this 'group of Council members. Or, if it was decided to reopen, the request could be referred to the Planning Commission for recommendation. The Plan- ning Commission's previous recommendation to approve the requested change was made prior to establishment of the Fasano regulations and referral would be consistent with past practice. Assistant Manager added that copies of Commission recommendations on the Livingston & Blayney report would be distributed to Council members so they would be aware of e - 7./1n/7C _ 1A /18