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02/12/1979 Meeting
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02/12/1979 Meeting
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City Council Minutes
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2/12/1979
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<br />e <br /> <br />willing to go to require private land owners to pay for costs of <br />improvements that, in the past, have been borne by taxpayers. He <br />said State and Federal funds are available for the City's Greenway <br />Plan. He was concerned regarding PUD requirements and not having <br />foreknowledge of what conditions would be expected for improvement <br />of the property. He felt these might be ad hoc conditions, as he <br />did not see them specified in the City Codes and, thus, would not <br />be applied to all property owners. The requirement for dedication <br />and building of a pedestrian bike path by the owners seems to exceed <br />the City's authority. <br /> <br />Another issue left unresolved was how much footage was involved. He <br />wondered where the bank is located and perhaps the location for the <br />dedication might be different than a location at the water's edge. <br />Rather than 50 feet from the bank, it might be 150 feet which could <br />create a no man's island, which could not be used for anything. He <br />said clarification was needed for the exact location. <br /> <br />e <br /> <br />Regarding the bike path being a policy requirement, he said the pri- <br />vate land owner should not be required to pay for constructing such <br />when the City and State can provide the funds to do that. <br />Requiring the owner to pay for traffic signalization could be applied <br />to any group in any neighborhood in any part of the city. He said <br />when signalization is required and requested, those who benefit should <br />have to pay. Costs are substantial, and he noted it could exceed <br />$100,000. He felt the signalization would benefit more people than <br />just those who would be in the project. He could not find anything <br />in the City Code that did authorize requiring a private land owner <br />to pay for costs of signals on a city street. <br /> <br />A further concern was the condition that an agreement be made between <br />the developer and K-Mart. He said if every other condition were met, <br />but an agreement could not be reached with K-Mart, then the entire <br />project would fail. The appellants cannot give the assurance that a <br />private party would agree regarding the location of signals and relo- <br />cation of the intersection. He said they would make a good faith <br />attempt and try to come to an agreement, but could not assure that <br />K-Mart would be willing to negotiate an agreement on changing the <br />intersections. <br /> <br />He felt the Oregon State Statutes should be examined for a specific <br />State policy dealing with the Willamette Greenway and bike path/trail <br />construction funding. It seems incongruous when there are specific <br />State policies and guidelines that suggest these be purchased by the <br />City or State, that land owners should have these conditions imposed <br />in order to develop their land, when the State legislature has deter- <br />mined it should be paid from general tax revenues or tax sharing <br />monies. <br /> <br />Those speaking against the appeal were: <br /> <br />- <br /> <br />7/ <br /> <br />2/12/79--7 <br />
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