CC Minutes - 11/27/00 Meeting - Laserfiche WebLink

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In response to a question from Councilor Nathanson regarding the impact to the council work load, City Manager Johnson said that it was still unknown. Councilor Nathanson commented that council goals would be seriously impacted. Mayor Torrey said that he had been contacted by the Lane County Homebuilders Association, which had requested that the record be left open for 24 hours so that it could submit written testimony. He asked if there was a concern about the notice provided. Mr. Klein said that there was no legal defect in the notice provided and that the council had authority to pass the ordinance that evening. He strongly recommended passing the ordinance before December 7, 2000. He noted that it needed to pass with an emergency clause which required six councilors to vote for it. Mayor Torrey opened the public hearing. Becky Steckler, 934 Washington Street, spoke representing the 1000 Friends of Oregon. She said that her group was aware of the problems that the passage of Ballot Measure 7 caused for jurisdictions all over the state. She said that her group had concerns over Section 2.065 of the proposed ordinance. She opined that the City of Eugene did not have the authority to discontinue application of a regulation or grant a waiver, in response to Ballot Measure 7, in lieu of a payment or an outright repeal of a regulation. She recommended that the council adopt only the purely procedural portions of the ordinance and delete Section 2.065 and consider it in a separate ordinance. Mayor Torrey closed the hearing and called for councilor comments/questions. Councilor Meisner called for an analysis of Section 2.065. He stressed that he was not interested in just paying claims or repealing protections enacted for the citizens of Eugene. Mr. Klein said that he expected resistence to Section 2.065 and that was one of the questions that was still unanswered about Ballot Measure 7. In response to a question from Councilor Meisner regarding the need for a severability clause in the ordinance, Mr. Klein said that such a clause was not needed. In response to a question from Councilor Meisner regarding prosecutorial discretion in a civil matter, Mr. Klein said that there was absolutely a concept of prosecutorial discretion in a civil enforcement matter. Councilor Rayor commented that Ballot Measure 7 was a disaster for Oregon. He said that it damaged land use laws, environmental protections, and citizen rights. In response to a question from Councilor Rayor regarding whether the 100-foot radius for notification was consistent with other City notification distances, Planning Director Jan Childs said that the distance came from the Oregon Revised Statute and was the minimum notice distance required under State law. Councilor Rayor expressed a desire to see notice expanded to 300 feet. Councilor Nathanson said that Eugene citizens would be suffering the consequences for statewide action. She regretted that there was a failure to recognize that there was opportunity as well as MINUTES--Eugene City Council November 27, 2000 Page 5 Regular Meeting