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MINUTES Eugene City Council Work Session McNutt Room--City Hall February 9, 2005 Noon COUNCILORS PRESENT: George Poling, Jennifer Solomon, Betty Taylor, David Kelly, Gary Papd, Bonny Bettman, Andrea Ortiz, Chris Pryor. Mayor Kitty Piercy called the work session of the Eugene City Council to order. A. WORK SESSION: Remand of Hospital Ordinance No. 20299 City Attorney Glenn Klein explained that the ordinance in question was adopted a year ago when the council was seeking to facilitate the location of a hospital somewhere in Eugene. The ordinance allowed for the location of a hospital in most parts of Eugene. He termed it a broad-brush approach to locating a hospital due to the uncertainty of where the hospitals would eventually be. Subsequently, the decision was appealed to the Court of Appeals by the Coalition for Health Options in Central Eugene-Springfield (CHOICES). The court ruled that hospitals could not be located as an outright use in a residential zone as it may or may not be consistent with the Eugene-Springfield Metropolitan Area General Plan; it depended on the nature of the hospital in question. The same was true of industrial zones. Mr. Klein said that the ordinance was not back before the City Council so there was no urgency for action. However, staff had some recommendations for proceeding. He noted the relocation of McKenzie- Willamette/Triad to the Eugene Water & Electric Board (EWEB) site was not firm. Mr. Klein said the council could choose to repeal the entire ordinance, retain those elements of the ordinance not challenged by the petitioners, or develop a response to address some of the issues raised by the court with regard to the industrial and residential zones. The City could not deal with the remand with simple factual findings. Mr. Klein noted that the Agenda Item Summary (ALS) described the options in more detail. Mr. Klein suggested councilors declare potential conflicts of interest at this point. Mr. Pryor declared a potential conflict of interest due to his wife's employment with McKenzie-Willamette/Triad. Ms. Ortiz declared a similar potential conflict because of her employment with PeaceHealth. Mr. Klein said that the conflicts at this point were potential, and the councilors could participate in the discussion. Mayor Piercy called on the council for comments and questions. Ms. Taylor wanted to repeal the ordinance as she thought its initial adoption was a mistake, particularly in regard to its application to residential areas. She had been happy to hear of the ordinance's remand. Ms. Bettman said things had changed since the adoption of the ordinance. When the council had adopted the MINUTES--Eugene City Council February 9, 2005 Page 1 Work Session