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meant the council could lose some flexibility. At this point, he preferred to retain the ordinance's flexibility. <br />If a default position were included in the ordinance, the council could only regain flexibility for a particular <br />claim by amending the ordinance before acting on the claim. He agreed the council should be acting <br />consistently, but he feared without any experience in dealing with claims, it would be difficult to have such a <br />policy debate about the issues. He said that additional work sessions would be scheduled with the council to <br />discuss additional policy issues before the council addressed individual claims. <br /> <br />Mr. Pap6 asked about the potential an organization such as 1000 Friends of Oregon would sue the City for <br />injunctive relief for not meeting the standards of the current statutes. Mr. Klein did not think the City of <br />Eugene would face that situation as it did not enforce many State statutes. When the City took land use <br />actions, it was generally enforcing its own codes, which it could waive. Counties would have more of a <br />problem because counties enforce many State statutes, which cannot be waived. Mr. Klein was concerned <br />about the possibility that the State would inform the City it must complete its Goal 5, which could result in <br />additional restrictions, which would then result in more Ballot Measure 37 claims. Discussion was <br />occurring at the state level about how to deal with situations where a jurisdiction must administer and <br />enforce a requirement it did not adopt and could not waive. <br /> <br />Mr. Pap6 asked what happened if the City Council determined it was in the public interest not to waive a <br />regulation but it had no money to pay the claim. Mr. Klein said that could happen, and if the City did not <br />pay a claim, after two years from the date the claim accrued, the property owner could probably use the <br />property in a way that would have been allowed at the time the property was acquired. <br /> <br />Ms. Taylor asked Mr. Klein to speculate on whether the costs to claimants would be mostly legal fees. Mr. <br />Klein said yes, as well as costs resulting from appraisal and consultant fees. <br /> <br />Ms. Taylor suggested that taking action after two hearings was less onerous than taking action after one <br />hearing, but she still preferred to postpone action until December 1 to allow the council to take advantage of <br />any good ideas that were suggested at the public hearing. Mayor Torrey suggested the ordinance could be <br />amended on November 22. Mr. Klein said the council could put the ordinance in place as planned and <br />amend it on December 6. <br /> <br />Mayor Torrey asked if the City had discussed the urban transition area with Lane County. Mr. Klein said <br />some preliminary discussions had occurred. Lane County enacted the City's regulations and would be in the <br />position of waiving them. City Manager Taylor indicated he would soon discuss the issues with County <br />Administrator Bill Van Vactor. <br /> <br />Mayor Torrey solicited a third round of council comments and questions. <br /> <br />Referring to the urban transition area, Ms. Bettman suggested the "Pottery Barn" rule: "you waive it, you <br />pay for it." <br /> <br />Mayor Torrey adjourned the meeting at 7:24 p.m. <br /> <br />Respectfully submitted, <br /> <br />Dennis M. Taylor <br />City Manager <br /> <br />MINUTES--Eugene City Council November 8, 2004 Page 10 <br /> Work Session <br /> <br /> <br />