CC Minutes - 06/26/06 City Council Meeting

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7. ACTION: Lane Plywood Measure 37 Claim for Compensation (M37 05-1) Councilor Taylor, seconded by Councilor Poling, moved to adopt Attachment B (Option 4). Councilor Poling said he would support the motion primarily based on the conversation the council had with legal counsel. He wanted to stress that each one of the Ballot Measure 37 claims would be decided based on individual factors and the council would not be “rubber-stamping” them. He commented that the ballot measure had a lot of problems associated with it. Councilor Bettman opined that the claim demonstrated that Ballot Measure 37 was nothing short of institutional anarchy. She said the implications of either decision were complicated. Councilor Kelly agreed with councilors Poling and Bettman. He thought all of the possibilities were “ugly.” He recalled that ads for the ballot measure suggested that people who wished to make homes for their adult children on their land would be unable to do so and that they would not be able to gain retirement income from long-time ownership of property. However, the cases that were being brought for judgment had nothing to do with this. He hoped the voters would see the “monster they have created.” Councilor Papé called it being between a “rock and a hard place.” He concurred with the councilors’ comments. He was unhappy with the State Legislature’s apathy with the issue as the Legislature had been warned in 2001 and had not taken that opportunity to address the issue. Councilor Solomon echoed her colleagues’ sentiments regarding the “utter predicament” the council faced with this claim. She was uncertain that the proponents of the ballot measure understood what they were writing into law. She did not believe that the staff recommendation was in the spirit of what the voters had approved and said she would oppose it. Councilor Taylor said she would reluctantly support the motion. She agreed with Councilor Kelly’s comments. Mayor Piercy commented that however the council voted on the item, it was apparent that she and the councilors felt a tremendous responsibility for the future of the community. She felt the council had faced a very difficult set of choices and she commended the legal expertise that the City Attorney brought to the table. Roll call vote; the motion passed, 6:1; Councilor Solomon voting in opposition. 8. ACTION: Appointment of Presiding Municipal Judge Councilor Solomon, seconded by Councilor Taylor, moved to reappoint Judge Wayne Al- len to another four-year term as Presiding Judge of Municipal Court, and direct staff to re- new his contract. Mayor Piercy spoke glowingly of Judge Allen’s service. MINUTES—Eugene City Council June 26, 2006 Page 9 Regular Meeting