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<br /> - <br /> Mr. Haws moved, seconded by Mr. Hamel, to adopt the resolut~on. . <br /> Roll call vote. Motion carried unanimously. <br /> VI. Spencer Butte Parking Lot Paving Award of Contract--Memo distributed. <br /> Manager reviewed for Council the bids opened October 20 (tabulation <br /> attached). This is the first stage of an EDA grant and recommended <br /> low bid from Wildish be accepted. <br /> Mr. Haws moved, seconded by Mr. Hamel, to accept low bid as <br /> recommended by staff. Motion carried unanimously. <br /> A short recess was taken. <br /> VII. Rezoning: Properties located between 7th and 13th avenues, extending <br /> from Washington Street to Lincoln Street, from C-2 and R-3 to MU Mixed <br /> Use (Eugene Planning Commission) (Z 76-38) <br /> Recommended by Planning Commission November 1, 1977, with a 4:2 vote. <br /> Manager noted this was a tangled morass of procedural problems and <br /> requested City Attorney to explain the legal status. Stan Long, City <br /> Attorney, reminded Council its own bylaws provided that at any Wednesday <br /> meeting, any two Councilors could request an item be held over to <br /> the next regular Monday meeting. He asked Council to determine that <br /> action and then he would proceed with the explanation. Manager noted <br /> it might possibly be an entire month before the issue could be resolved. <br /> If the issue were held to November 28 and lacked unanimous reading, <br /> it would be held for the next December meeting. <br /> City Attorney reviewed for Council that it had had a motion to approve and e <br /> give final passage to an ordinance. During that discussion, an amendment <br /> was made which was different from the Planning Commission report, which <br /> consequently led to a joint Planning Commission Council meeting. If <br /> tOday.s motion passes, the bill as amended would have to be read the <br /> first and second time. If tOday.s motion were defeated, a Councilor could <br /> make a new motion. He reminded Council it was in a quasi-judicial <br /> situation and would have to make one decision or another. A possibility <br /> might occur in which one Councilor would want to do something or vote down <br /> the amendment, which would take a motion to reconsider by someone who <br /> voted for the amendment. If that motion were to pass, then the second <br /> reading on the original council bill would be held at this time. He said <br /> in this instance the motion to amend passed and the ordinance did not <br /> pass, noting it would need to be read as amended a first and second time. <br /> He continued, because the amendment came at the second reading, Council <br /> has not read the bill in its present form as amended the first time. <br /> Mayor Keller requested any Councilor to express his intention to set <br /> the item over to the next Monday night meeting. No Councilor so indi- <br /> cated. <br /> Mr. Long pointed out another possibility: If Council wished to resolve <br /> the issue today, unanimous action could be taken on the first reading and <br /> then Councilors could vote their real choice on the second reading. <br /> e <br /> 8Y~ 11/16/77--8 <br />