Item 2A: Approval of City Council Minutes

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Councilor Bettman declared that it was not a question of whether the council supported student housing, it was a question of geography. She reiterated her willingness to support student housing if it was located downtown. Councilor Bettman recalled that there used to be a standard that gave “extra points” on the application if the development included low-income housing but it had been taken out of the program. She reiterated her feeling that just because the development was within the boundary of the tax break did not mean the council should grant it injudiciously. She said one thing that concerned her about the applications was that there was no independent audit to determine if the developer really could not build the project without a MUPTE. She asked if there was a standard of what the building should cost per unit and whether or not the numbers were defensible in comparison with other projects. Roll call vote; the motion passed, 5:3; councilors Zelenka, Bettman, and Taylor voting in opposition. 5. ACTION: An Ordinance Concerning Municipal Court Sentencing Authority for Violations of Chapter 4 of the Eugene Code, 1971 Acting Assistant City Manager Luell introduced Judge Wayne Allen. Judge Allen reminded the council that he had been before it on September 10 and received direction to clarify the intent of some of the language. He said the reference to the court’s ability to suspend the sentence had been stricken as the court already had that ability. He stated that the reason there was a suspended sentence portion in the language was to give the council some level of reassurance that the court would look at a person’s financial ability when ordering treatment. Judge Allen explained that the court may suspend a sentence for a person who had a financial challenge to comply with the treatment or education. He also stated that the court wanted to have the authority to order treatment or education. He related that with the increasing number of violations it seemed inappropriate to only have the ability to impose a fine, specifically for minors in possession of alcohol. He related that he saw an increasingly younger population driving under the influence and, earlier in the day, he had seen 10 cases of people driving under the influence of intoxicants in his courtroom, eight of whom were under the age of 22. Judge Allen commented that this was “not how it used to be.” He believed that some kind of education would be helpful. Councilor Bettman thanked staff for the clarification of the language. Councilor Ortiz, seconded by Councilor Pryor, moved to adopt the ordinance amending Eugene Code 4.990 as reflected in Option B to allow for expanded judicial authority to or- der any treatment as deemed necessary for the rehabilitation of the offender and safety of the community. Roll call vote; the motion passed unanimously, 8:0. 6. ACTION: Oregon Watershed Enhancement Board Grant Application for Acquisition of Ridgeline Trail Property Acting Assistant City Manager Luell stated that Parks and Open Space Planning Manager, Carolyn Weiss, would introduce the item. Ms. Weiss explained that Parks and Open Space Division (POS) staff had sought approval from the Council Committee on Intergovernmental Relations (CCIGR) to apply for grant funding from the Oregon Watershed Enhancement Board (OWEB) to acquire additional properties along the MINUTES—Eugene City Council October 8, 2007 Page 8 Regular Meeting