CC Minutes - 01/16/08 Joint Elected Officials

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Clark asked if the County and city disagreed what the resolution would be. Dwyer said they would support their position at the Court of Appeals. Clark commented that the County could wind up on the side of the applicant and the city could end up as the defendant at LUBA. Bettman heard that there was enough gravel to last 10 or 15 years and it is not someone running out of gravel and going out of business. She didn’t recommend sending this to MPC. She said as a council they have to do the same due diligence as MPC because they have to give definitive direction to represent the Council’s policy direction. She added it would be the same steps they would need to go through to address an entire application. She thought it made sense to go through the entire application in case they have to end up defending it. Pryor said they know where the Board is: ready to approve the ordinance. He said because the record is closed, he didn’t anticipate any change in vote. He said they know if they bring an ordinance, it is going to be to deny. He said the city council needs to do the ordinance. He said a question is if it is going to court, do they need to go through the rest of the steps to have a position in a court case. He said if it were up to him, he would approve it, but it wasn’t up to him it is where the council is on the issue. He recommended getting the ordinance on their agenda signed so people have certainty what they need to do next. He said they need to go to a forum where they can get a legitimate legal and binding solution. Stewart indicated that each body will go back and take their action. He said the legal counsels can give direction as to the next step of the MPC process or a final determination by the planning director that gives the application the ability to move on. Piercy thought it was legitimate for both bodies to believe they have done a due process and acted on behalf of the public in a responsible way and come to different conclusions. Poling asked if they need to have a public hearing with the ordinance. Jerome responded that they had already had the public hearing and neither body needs to open the record or have another public hearing. She said the city council may choose to deliberate further. She said with the County’s complete findings, they are ready to adopt an ordinance but they need to take the final step and no hearing. MOTION: to approve a Ninth Reading and Deliberation and Setting a Tenth Reading and Deliberation on Ordinance No. PA 1238 on February 5, 2008. Green MOVED, Sorenson SECONDED VOTE: 4-0. There being no further business, Commissioner Stewart adjourned the meeting of the Board of Commission at 7:05 p.m. 7 MINUTES—Eugene City Council January 16, 2008 Page Joint Elected Officials Meeting