Item 3A - Minutes Approval - Laserfiche WebLink

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Councilor Kelly asked Mr. Klein to provide comment to the council regarding Ms. Segal's suggested text changes related to the definitions of owner and claimant. Councilor Kelly noted that the ordinance defined "family member" but the term was never used, except in the definition of exempt land use regulation, and the definition of exempt land use regulation was never cited anywhere in the ordinance. He suggested the term be deleted if it was not to be used. Councilor Pap6 determined from Mr. Klein that the City's smoking ban was not a land use regulation and, even if it were, it would fall under the exemption in Ballot Measure 37 related to public health and safety. Councilor Pap6 asked Mr. Klein to comment on testimony regarding the definition of"property owner" and "claimant." Mr. Klein clarified the definitions in the ordinance were taken directly from the text in Ballot Measure 37. He said that staff did not make the definitions very specific because it did not know what the courts would do or what claims would be coming forward. Staff had attempted to provide the council with maximum flexibility as the City began to process Ballot Measure 37 claims. Once the City had more experience implementing the measure, the council would be able to make changes to the ordinance. Councilor Bettman agreed that additional language regarding public notice of hearings was needed. Councilor Bettman asked how the ordinance could be modified to address the fact that some land use ordinance added value to a property rather than detracted from it and allow the City to take that into consideration as it calculated a claim's value. Councilor Bettman suggested that the ordinance to be modified include language that precluded a property owner who successfully sought an up-zoning for their property from making a Ballot Measure 37 claim against the City. Councilor Bettman wanted to know if the time limits for Ballot Measure 37 claims were limited to when the heirs received a property or if the claims time limit went back to when the original family member purchased a property. Councilor Bettman noted the council's receipt of a suggestion that juries, rather than the City Council, decide claims. She found that interesting, and asked for input from legal counsel as to the legality of that approach. Councilor Taylor also supported the inclusion of a provision calling for a required public hearing and she supported broader public notice. She also wanted staff input on a suggestion received by the council that claims be decided by the courts. Mayor Torrey said the ordinance before the council created a set of standards under which all could make claims. He said the fee being proposed was not unreasonable given that the City budget had not anticipated the cost of the measure. He did not believe the City was getting the support it needed from the State in implementing the measure, and thought the council was doing the responsible thing in enacting the ordinance. Mr. Klein concurred with the remarks of the mayor. He said the ordinance laid out a process that was not MINUTES--Eugene City Council November 15, 2004 Page 9 Regular Meeting