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She thought subsection 2.095 should specify that the prevailing party should be held responsible for attorney's fees. Kevin Matthews, PO Box 1588, Eugene, felt the ordinance intended to put a necessary process into place. He thought it was the duty of the City Council to respond to the ballot measure. He concurred with Ms. Segal regarding the noticing. He suggested language about the public hearings be made stronger and more clear. He thought, should the issue ofupzoning be under further consideration, the council should not move forward with such discretionary requests. He supported the council's approach to fees due to the uncertainty of the financial impacts of the measure. Mr. Matthews thought subsection 2.090(4) should put back existing land use regulations and allow some language that would serve the public good. He opposed regulations that would make it possible for current land use regulations to be waived and pose the possibility that a property would have no land use regulations at all. Zachary ¥ishanoff, Patterson Street, averred that people who supported Ballot Measure 37 were fighting against "Smart Growth" measures. He opined that the public no longer felt that the Planning and Development Department knew land use best. He felt the measure would give the State a chance to step back and look at "Smart Growth" plans and talk to the public about who was behind it and what it really was. He thought public awareness of such plans should be raised. Mayor Torrey asked the council if it was willing to take action on this issue. He warned them that comments and questions from the council could preempt further public hearings scheduled for the evening's agenda. The council indicated its willingness to take action. Mayor Torrey closed the public hearing and opened the floor for council questions and comments. At the council's request, Mayor Torrey called for a five-minute recess at 9:10 p.m. Mayor Torrey reconvened the meeting at 9:17 p.m. Councilor Kelly thanked everyone for testifying. He suggested to the council that it proceed with adoption of the ordinance as written at the present meeting because of the importance of having a process in place prior to Ballot Measure 37 going into effect. He thought it would provide experience that the council could base future amendments on. Councilor Pap6 voiced his opposition to the ordinance as it was currently written. Councilor Pap6 moved to table consideration of the ordinance until the work session scheduled for November 24. The motion died for lack of a second. In response to a question from Councilor Solomon, Mr. Klein stated that whether the City had the ordinance in place before or after December 2, if someone believed a part of the ordinance that affects the individual was unlawful, it would be possible to challenge that part of the ordinance. MINUTES--Eugene City Council November 22, 2004 Page 11 Regular Meeting