07/09/1979 Meeting - Laserfiche WebLink

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II. MOOTING OF EAST SKINNER BUTTE LITIGATION (Materials previously distributed) . The Manager explained the memorandum distributed with attachments of three proposed ordinances. Attachment 1 would incorporate the present City policy of not applying any changes in land-use laws to existing valid permit applications, thereby adding a new section to the Code. Attachment 2 would amend Ordinance No. 18371 (re: East Skinner Butte Historic Landmark Designation), thereby making the requirements of that ordinance not applicable to valid permit applications filed prior to the effective date of the ordinance. Attachment 3 would do the opposite of Attachment 2. Mr. Lieuallen read a portion of the memo from Northwest Legal Advocates which said the City's contention that it was common practice for the laws to apply at the time of application was not true. ORS requires applica- tion of the law at the date of issuance rather than application. Mr. Sercombe replied that this referred to counties in regard to effective dates of zoning ordinances, and not with respect to building permits where many home rule cities follow the policy of applying as . of the date of application. Mr. Sercombe, in answer to Ms. Schue's question about the legality of the City policy, said the court, in interpreting the ordinance passed by the Council in April, used the City "policy" to discern intent. The ordinance was ambiguous as to what permits it applied to. Ms. Schue indicated that if the Council had wanted a different policy, it should have said so in the ordinance. CB 1933--Application of changes in land use laws; adding a new Section - 2.027 to the Eugene Code 1971, and declaring an emergency. Mr. Delay moved, seconded by Ms. Smith, to adopt Attachment 1 in the memorandum dated July 5 of the staff notes and that it be adopted by council bill number only with unanimous consent of the Council and that it be brought back to the Council in two weeks. Motion carried unanimously. Mr. Delay indicated that this would be a general policy of the City. CB 1934--Amending ordinance No. 18371 and declaring an emergency. Mr. Delay moved, seconded by Ms. Smith, to adopt Attachment 2 of the memorandum dated July 5, that it be read the second time by council bill number only, and that enactment be considered at this time. Mr. Lieuallen moved, seconded by Mr. Delay, to hold over the motion to be considered in two weeks and that a public hearing be held at that time. Motion carried, six to one, with Mr. Delay vot i ng no. ~ 3bS 7/9/79--10