11/22/1976 Meeting - Laserfiche WebLink

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- . - . - . t'UO .t1ear. M-2 zones under certa1n cond1t10ns C. permitting wholesale bakeries as conditional use in C-2 zones Pub. Hear. ~ Recommended by the Planning Commission on October 11, 1976. ~ Copies of report setting out details of the proposed amendments -' were previousl~ distributed to Council members. Mr. Haws moved second by Mrs. Beal to set public hearing on the proposed amendments for the November 22 Council- meeting. IV. Willamette River Greenway Copies of Planning Commission report, staff notes, and minutes of October 19, 1976 were given to Council members recommending adoption of plan refinement including Greenway boundaries, adop- tion of certain amendments to comply with State Goal IS, and forwarding required information to LCDC. Manager noted the December 1, 1976 deadline for forwarding the material to LCDC. Mr. Haws moved second by Mrs. Beal to set public hearing on the recommendations at the November 22 Council meeting. Pub. Motion carried unanimously. Hear. V. Water Extension Policy Copies of Resolution 2448, setting out criteria for extension of water service beyond the city; Ordinance 17492, regulating extra- territorial water extensions; and Council minutes of December 22, 1975 and February 14, 1972 covering Council discussion and action in this regard were previously distributed to Council ~ members. Stan Long, assistant city attorney, explained provisions __ adopted by the Council wherein water may be extended beyond the urban service boundary when a health hazard exists. He noted also the change 1n the role of the Boundary Commission whereby the Commission can approve or disapprove sewer and water extensions. He said, however, the statute 1S unclear as to whether the Boundary Commission can order such extensions. The Commission, being an appointed body, makes legislative decisions in the same manner the Legislature itself makes decisions, giving cause to question whether review of Boundary Commission decisions would be of any purpose. Mr. Long contined that the Commission also considers annexations, and that water and sewer extensions are decided by the Boundary Commission as are annexations, however not necessarily on the same criteria. He said a recent case from the Court of Appeals says that annexations are not matters affecting land use, giving the potential of ultimately having to face the situation that water and sewer extensions cannot be used to regulate land use. In addition, with the effective date of the revised city charter of April 1, 1977, the city will have the legal right to control water extension by EWEB. All of these things, Mr. Long said, call for re-examination of the city's water extension policy and for asking the Legislature to clarify its statutes with regard to Boundary Commission authority. He thought too the time for ~ reconsideration was opportune because of the General Plan update ~ in process and the fundamental question of whether sewer and ~ water extensions were going to be a part of the city's land use policy. 57'1 Minutes 11/22/76 -23