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Item 2A: Approval of City Council Minutes
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Item 2A: Approval of City Council Minutes
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1/22/2007
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sunset clause in case the legislature should act. She called attention to her amendments, copies of which <br />were provided to the council. <br /> <br />Ms. Bettman said that the council had heard from the real estate industry, 1,000 Friends of Oregon, and <br />Rick Duncan of the Planning Commission, who had a Ballot Measure 37 claim against the City. Those <br />individuals had been involved in the issue and were now saying the issue was complex and the City should <br />not act. In the meantime, the City was facing Ballot Measure 37 claims and if it did not have a compensa- <br />tion fund, the council would have to waive its regulations. The City had Planning Commission work items <br />underway that, when put into ordinance form, would create Ballot Measure 37 liabilities. If the council <br />wanted to be able to regulate for condensed growth within the urban growth boundary and fulfill the City’s <br />policies, it must have a compensation fund. She called on the council to show leadership on the issue, noting <br />she had originally requested a work session on the issue more than a year ago. She thought it was time to <br />act. <br /> <br />Responding to a question from Mr. Papé, Mr. Klein said if the City Hall property was sold and rezoned and <br />the effect of that was to increase the fair market value of the property, the ordinance would require the <br />owner to pay the City 25 percent of the increase in value. If the City rezoned it, it would have to transfer 25 <br />percent of the increase in value in the compensation fund. He noted that one of Ms. Bettman’s amendments <br />would delay payment until sale. <br /> <br />Mr. Papé preferred to wait on the work of the State legislature. He suggested that Ms. Bettman might want <br />to be careful what she asked for since action on the part of Eugene could spur the legislature to take action <br />to restrict what Eugene could do. <br /> <br />Mr. Pryor said he did not like Ballot Measure 37 but did not think two wrongs made a right, and he <br />considered the ordinance a wrong approach. He said that he understood Eugene was vulnerable in some <br />areas but he hoped to see that vulnerability addressed by the legislature. <br /> <br />Mr. Kelly responded to what was said. He argued that what the council wanted to do with regard to land <br />use would give rise to Ballot Measure 37 claims. He said that the council could do a third bad thing, which <br />was not to do anything, and see its infill standards rendered moot by a series of Ballot Measure 37 claims. <br />The e-mail from 1,000 Friends stated that in an ideal world, Eugene would not have to craft its own <br />response. Mr. Kelly said this was not an ideal world. The legislature was supposed to do something about <br />Ballot Measure 37 but it had yet to act. While he could hope for such action, he had no expectation of it. <br />He noted that Eugene had received four new claims and it needed to start collecting money to pay claims <br />now. Speaking to those who said the City needed to find a better way, Mr. Kelly said no better way had <br />come forth. <br /> <br />Ms. Ortiz said a lot of work went into the ordinance and she wanted to honor that effort. When she <br />considered how much it cost to develop, the proposed fee was a problem for her. If the ordinance took less, <br />such as 15 percent of the increase in fair market value, she might be able to support it. However, she <br />thought the proposed fee was an “amazing amount of money” to ask for on top of what the City charged for <br />doing business in the community. <br /> <br />Ms. Taylor pointed out that the proposed fee was only 25 percent of the increase in value that the actions of <br />the council gave the property. It was merely “taking back part of what we gave by some action” and only <br />when the benefit was realized, not instantly. She thought it minimal, and demonstrated that at least the <br />council was doing something. <br /> <br /> <br /> <br />MINUTES—Eugene City Council December 11, 2006 Page 7 <br /> Work Session <br /> <br />
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