CC Minutes - 10/26/98 Meeting - Laserfiche WebLink

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A. Staff Report Planning Division Senior Planner Teresa Bishow referred to the Agenda Item Summary regarding the public hearing. She reviewed guidelines for City-initiated refinement plan amendments and options regarding the issue available to the council contained in the summary. She stated that if the council decided to initiate a plan amendment and related zone change, direction would need to be provided as to whether City staff should prepare the necessary applications and if application fees should be waived. Ms. Bishow referred to a document entitled "Time Line Regarding Proposed Whitaker Plan/Zone Change for Clark Property: 925 and 927 West First Avenue." She said it had been prepared and distributed at the beginning of the meeting at the request of Mr. Meisner. Ms. Bishow noted that it was normal practice for the council to not take action on a matter at the same meeting in which it had held a public hearing regarding it. B. Public Testimony Mayor Torrey explained guidelines for testifying and opened the public haring. V. Pauline Clark, 209 North 71st Street, Springfield, asked if members of the council would be able to ask her questions regarding her testimony. City Attorney Glenn Klein explained that, in order to maintain decorum, it was normal practice for councilors to not address those who testified in public hearings, but that there was no ordinance which prohibited doing so. He said that councilors often asked staff to inquire regarding concerns of those who provided testimony. Ms. Clark stated that she represented her father, Paul Clark, owner of 925/927 West First Avenue. She expressed appreciation to staff of the Planning Division for its assistance in bringing the matter before the council. Ms. Clark reviewed incorporation of a zone change made in the Whiteaker Plan based on an error in the land use survey of her father's property completed during the plan update process. She explained circumstances surrounding the purchase and use of the property, its misclassification, the unsuitability of its zoning, the disparity between the legal structures on the property and the zoning, and the difficulty created by the zone change on her father's current attempt to sell the property. She said an urgent need existed for consideration of an amendment to the Whiteaker Plan. Ms. Clark stated that she was unaware of required processes to prepare applications for a plan amendment and zoning change, but that she was willing to attempt to do so. She said she preferred option 2 included in the council's agenda item summary. She said that she was willing to consider having the City prepare application materials, but that, in either case, she thought it only fair that application fees be waived since the City had committed an error creating the difficult situation. Mayor Torrey determined that there were no other persons wishing to testify and closed the public hearing. MINUTES--Eugene City Council October 26, 1998 Page 3 7:30 p.m.