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Councilor Kelly commented that when the MUPTE ordinance had been adopted, the majority of the council did not codify quality provisions that had been proposed at one point. He noted that the proposal indicated some quality features, such as a large front porch and balconies on the units, but nothing in the exemption would require the builder to fulfill the intent of the initial design proposals. Councilor Kelly added, for the record, that though he served on the West University Neighborhood board he had abstained from voting on the recommendation the neighborhood association had submitted to the council. Councilor Pap~ asked Mr. Klein to comment on whether conditions could be placed on such an exemption. Mr. Klein asked the council to postpone the vote until the end of the meeting so that he could review the code and give informed advice. Councilor Kelly, seconded by Councilor Bettman, moved to table the item until the work session scheduled for December 6. Roll call vote; the motion passed, 6:2; Councilors Poling and Taylor voting in opposition. 3. PUBLIC HEARING and POSSIBLE ACTION: An Ordinance Concerning Real Property Compensation; Adding Sections 2.070, 2.075, 2.080, 2.085, 2.090, and 2.095 to the Eugene Code, 1971; Declaring an Emergency; and Providing an Immediate Effective Date City Manager Taylor asked City Attorney Glenn Klein to briefly speak about the ordinance. Mr. Klein recalled that the council held one public hearing and a revised ordinance, with revisions in bold and strike out, was contained in the agenda packet. He indicated the changes sought to address issues that arose either at the work session on Ballot Measure 37 or at the public hearing. Mayor Torrey outlined the procedure for testimony. He opened the public hearing. Mona Linstomberg, 87140 Territorial Road, Veneta, related that real estate ads were now suggesting that homeowners who believe they were affected by Ballot Measure 37 should call for help and information. She commented that the implications of the measure were mind-boggling. She said several aspects of the ordinance could work to level a skewed playing field. She encouraged the City Council to hold public hearings on recommendations from the City Manager related to Ballot Measure 37 issues and claims as often as possible to keep it an open process with public notice and review. She approved of Section 2.095, whereby neighboring property owners could seek redress in State Circuit Court for reduction in the value of their property caused by a waiver of land use regulations on adjacent property. She supported adoption of the ordinance because, while Ballot Measure 37 spoke to the preservation of the public health and safety under exempt land use regulations, the Eugene ordinance spoke to the preservation of public health, safety, and welfare. She felt Measure 37 served certain private property rights possibly to the detriment of the property rights of others and possibly to the detriment of the community's welfare. Jim Welsh, 90050 Killian Lane, Elmira, speaking on behalf of the Eugene Association of Realtors (EAR), pointed out that both the EAR and the Oregon Association of Realtors (OAR) had been silent on Ballot Measure 37 prior to the election. He asked the council to think about the City's response to the measure in MINUTES--Eugene City Council November 22, 2004 Page 8 Regular Meeting