CC Minutes - 02/26/01 Meeting - Laserfiche WebLink

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development, and if the City wanted to accomplish its goals he was willing to try a clear and objective standards approach. He did not support the amendment at this time. Once the code was implemented, he wanted to see how the standards worked, adding it may only take one development for him to change his mind about the issue. Meisner did not want to superimpose design review on design standards, adding there were significant staff costs involved. Roll call vote; the amendment to the amendment failed, 5:3; councilors Taylor, Bettman, and Kelly voting yes. Roll call vote; the amendment passed, 7:1; Councilor Bettman voting no. Councilor Taylor, seconded by Councilor Kelly, moved to amend Section 7 of the draft ordinance concerning land use regulations to provide: "Notwithstanding the effective date of ordinances as provided in the Eugene Charter of 1976, it is necessary for the orderly implementation of the new provisions and procedures adopted herein that this ordinance become effective 30 days after the effective date of a final court decision voiding Measure 7. If that date is less than six months from the date this ordinance is adopted, those sections referenced in Section 6 above shall not become effective until the six-month period has expired. If the date is more than six months, those sections shall become effective at the same time as the other provisions of this ordinance. If this final court decision finds Measure 7 valid, then this ordinance is automatically repealed." Councilor Bettman wanted to know why the motion stipulated the six-month's delay rather than stipulating the code would automatically go into effect if the measure was voided. Mr. Klein responded that the code had some provisions relating to vacation procedures and that, for those provisions, the charter calls for adoption with two-thirds majority and requires those provisions take effect in six months. The rest of the code could be implemented if the final court decision was handed down in six months' time. He added he doubted a decision could be expected within that time frame. Responding to a question from Councilor Taylor, Mr. Klein confirmed that the motion would delay implementation of the code, perhaps into fall 2001. Councilor Taylor questioned the purpose of passing the motion. Mr. Klein responded that by passing the ordinance now, any appeals to the Land Use Board of Appeals would be addressed before the ordinance went into effect, avoiding the confusion the City faced in the adoption of the Whiteaker Plan. Councilor Meisner asked for clarification of what would occur if the Oregon Legislature decided to refer Measure 7 to the voters. Mr. Klein anticipated a final court decision even if there is a referral. If there is a referral, staff would return to the council with an amendment to the effective date clause. Councilor Kelly acknowledged the strength of the legal arguments in support of delaying implementation of the Land Use Code Update. He said it was important to adopt the code not only for the point made by Mr. Klein, but because the longer the delay, the hazier the institutional memory and the council's focus would no longer be on the code. Referring to the requests the council continued to receive for further code changes, Councilor Kelly believed the council had time to address those requests incrementally, after adoption, in code amendment "packages." MINUTES--Eugene City Council February 26, 2000 Page 10 Regular Meeting