CC Minutes - 05/24/06 Work Session

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She commented that whichever side one favored with regard to the WEP, it was a “leap of faith.” She predicted the result would be an alternative solution that would better meet everyone’s objectives. Mr. Kelly agreed with the mayor’s assessment. He clarified that the Eugene representatives put forth a motion at the November MPC meeting that would have adopted the MTIP without the WEP and it had not been supported. He noted that he and the mayor had not been obstructing other projects. Mr. Kelly felt the resolution represented the only chance the City had to avoid years of litigation regarding the WEP. He said if the collaborative process was “the hope,” it was important to find out what would bring the other agencies to the table. He thought ODOT was afraid the funding for completion of its current environmental work would vanish if the NEPA process was discontinued and, in that case, some repayment of millions of dollars would be required. He stated that the resolution would move the WEP out to the end of the MTIP and would stave off ODOT’s concerns. Ms. Bettman asked for a specific definition of ‘collaborative process.’ City Attorney Glenn Klein explained that the way the resolution used it referred to the process laid out in the Osprey Report. Ms. Bettman declared that language to be not specific. Mr. Klein stated that if a court were ever to review the resolution, it would likely only look at the Osprey Report. He said, beyond that, a court would perhaps look at a dictionary definition of ‘collaborative process.’ Mayor Piercy stated that there was a specific process used by United States Institution for Environmental Conflict Resolution (USIECR) facilitators to bring diverse communities to the table and work together toward mutual resolution. Ms. Bettman opined that the collaborative process would be dictated by the Osprey Group. Mayor Piercy disagreed. She maintained that it would be facilitated by the group and not dictated by it. City Manager Taylor explained that should the resolution be adopted by the council and the MPC, the City would initiate a process to hire people, possibly the Osprey Group and possibly another group. Ms. Bettman asked who would initiate the process. City Manager Taylor replied that the partners in the assessment through the MPC would initiate it. Mr. Kelly underscored that the rules would remain the same; therefore, the City of Eugene would have veto power over those rules. City Manager Taylor added that the other jurisdictional partners would welcome a process in which they were part of the design of the collaborative process from its origin. Ms. Bettman conveyed her dissatisfaction with previous collaborative efforts with the MPC or the MPO. She opined that the only hope for the process would be for it to be a standard process that was objective and neutral to which the community would adhere. She wanted it to be outside of the existing “power struggle.” Ms. Bettman asked when the next MTIP update would occur. Mr. Schoening replied that the FY05-07 MTIP ended at the end of FY07. He stated that without an approved update, the jurisdictions would be without an MTIP after September 30, 2007. He reiterated that there were two actions before the MPC: 1) to move the WEP out to FY09 in the MTIP for FY06-09; and 2) to adopt the FY06-FY09 MTIP. MINUTES—Eugene City Council May 24, 2006 Page 8 Work Session