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MINUTES Eugene City Council Work Session McNutt Room--Eugene City Hall January 19, 2005 Noon COUNCILORS PRESENT: George Poling, Jennifer Solomon, Betty Taylor, David Kelly, Bonny Bettman, Andrea Ortiz, Chris Prior. COUNCILORS ABSENT: Gary Papd. Mayor Kitty Piercy called the work session of the Eugene City Council to order. A. WORK SESSION: Measure 37 Update and Effect on Planning and Development Work Plan City Manager Dennis Taylor introduced the item, reminding the council that, following the passage of Ballot Measure 37, it adopted an ordinance so the City could process claims made under the measure. He introduced Planning Director Susan Muir and City Attorney Glenn Klein, who were present to discuss other issues related to the measure and its impact on the Planning Division work plan. Planner Neil Bj6rklund was also present to answer questions. Mr. Klein reported that the City of Eugene had yet to receive a Ballot Measure 37 claim; Lane County had received a handful, and the City of Springfield had been informally notified it faced one or two claims. He said that around the state, slightly more than 100 claims have been filed, most of them with counties. About 40 percent of those claims were made by those wishing to build a single-family house on their property. Another 40 percent were those filed by property owners wishing to develop rural subdivisions; the remaining 20 percent fell into a number of other categories. Mr. Klein noted a lawsuit had been filed against the State and State officials as well as against Clackamas, Washington, and Marion counties by several farm bureaus and 1,000 Friends of Oregon, who were seeking to have the ballot measure set aside. A number of issues were raised in the suit, including equal privileges and immunities and the separation of powers. Until the Circuit Court issued a decision and it was acted on by higher courts, the case would not have any impact on the actions taken by Eugene or other cities or counties outside the specific defendants in the case. He did not anticipate a decision by the Court of Appeals for at least two years. Mr. Klein reported that at the Oregon Legislature, some bills related to the implementation of Ballot Measure 37 had been filed. He did not know which bills would gain support. He said a joint session had been held by the House and Senate land use committees, which heard testimony from a wide variety of parties regarding possible adjustments to the measure. He noted that the representative of Oregonians in Action, a sponsor of the measure, had indicated his belief that no changes were needed. MINUTES--Eugene City Council January 19, 2005 Page 1 Work Session