CC Minutes - 12/11/06 Work Session

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that the State legislature would meet soon and he would like to have the benefit of the action taken by that body on Ballot Measure 37. Mayor Piercy called the council’s attention to a motion she prepared that spoke to the points made by City Manager Taylor. Ms. Bettman said that in several cases Eugene acted where the State legislature would not, and had set a standard that stimulated discussion and gave urgency to the legislators. She indicated she would offer an amendment to the staff-prepared motion to accept the ordinance with some minor amendments, including a sunset clause in case the legislature should act. She called attention to her amendments, copies of which were provided to the council. Ms. Bettman said that the council had heard from the real estate industry, 1,000 Friends of Oregon, and Rick Duncan of the Planning Commission, who had a Ballot Measure 37 claim against the City. Those individuals had been involved in the issue and were now saying the issue was complex and the City should not act. In the meantime, the City was facing Ballot Measure 37 claims and if it did not have a compensa- tion fund, the council would have to waive its regulations. The City had Planning Commission work items underway that, when put into ordinance form, would create Ballot Measure 37 liabilities. If the council wanted to be able to regulate for condensed growth within the urban growth boundary and fulfill the City’s policies, it must have a compensation fund. She called on the council to show leadership on the issue, noting she had originally requested a work session on the issue more than a year ago. She thought it was time to act. Responding to a question from Mr. Papé, Mr. Klein said if the City Hall property was sold and rezoned and the effect of that was to increase the fair market value of the property, the ordinance would require the owner to pay the City 25 percent of the increase in value. If the City rezoned it, it would have to transfer 25 percent of the increase in value in the compensation fund. He noted that one of Ms. Bettman’s amendments would delay payment until sale. Mr. Papé preferred to wait on the work of the State legislature. He suggested that Ms. Bettman might want to be careful what she asked for since action on the part of Eugene could spur the legislature to take action to restrict what Eugene could do. Mr. Pryor said he did not like Ballot Measure 37 but did not think two wrongs made a right, and he considered the ordinance a wrong approach. He said that he understood Eugene was vulnerable in some areas but he hoped to see that vulnerability addressed by the legislature. Mr. Kelly responded to what was said. He argued that what the council wanted to do with regard to land use would give rise to Ballot Measure 37 claims. He said that the council could do a third bad thing, which was not to do anything, and see its infill standards rendered moot by a series of Ballot Measure 37 claims. The e-mail from 1,000 Friends stated that in an ideal world, Eugene would not have to craft its own response. Mr. Kelly said this was not an ideal world. The legislature was supposed to do something about Ballot Measure 37 but it had yet to act. While he could hope for such action, he had no expectation of it. He noted that Eugene had received four new claims and it needed to start collecting money to pay claims now. Speaking to those who said the City needed to find a better way, Mr. Kelly said no better way had come forth. MINUTES—Eugene City Council December 11, 2006 Page 7 Work Session