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Ms. Jerome said that code provisions regarding the Metro Plan process did not clearly answer that type of <br />question. She said those scenarios had been discussed with County staff and legal counsel and the <br />interpretation of the code provision that the decisions had to be identical was that the decisions had to agree <br />but the reasons for them as expressed in findings did not need to match. She said the Metropolitan Policy <br />Committee would step in if the City and County decisions were not in agreement. <br /> <br />Ms. Bettman asked if making a determination on the basis of significant resource precluded deliberation on <br />other items. Ms. Jerome said that on direction from the council, staff would prepare an ordinance that did <br />not become effective until identical decisions were reached. She believed that until the ordinances were <br />finally in effect, the council did have the opportunity to continue to deliberate. She said the process would <br />end when both the City and County decisions were in agreement. <br /> <br />City Manager Taylor said staff was recommending for the council’s consideration what was believed to be <br />the most efficient way, based on the straw polls, to put the measure before the County. <br /> <br />Mr. Pryor commented that the council would not need to deliberate the criteria if it knew that the application <br />would be denied. Mr. Yeiter said staff was not recommending that the council continue with deliberation of <br />the criteria. He said the County might continue to deliberate. <br /> <br />Mr. Pryor said it did not make sense to spend time deliberating on something for which the outcome had <br />already been determined. He said the County’s deliberations should be with the knowledge that from the <br />City’s standpoint the application was denied. Ms. Jerome pointed out that in some cases the council was <br />advised to conduct the thorough process because from a legal perspective, defending a denial was less <br />difficult if each basis for denial had been addressed. She said the effort that would be involved in analyzing <br />all of the criteria in this instance might not be worth the benefit and it was possible the County could <br />proceed through the criteria and provide the analysis. She said waiting to see what the County’s outcome <br />would be was a sound policy decision for the council. <br /> <br />Mr. Clark asked if an appeal was possible if the City denied on sufficiency of resource and the County <br />denied on a different basis and how would the appellate body deal with that contradiction. Ms. Jerome said <br />City and County staff would work together to ensure that the actions, which would be in the form of <br />ordinances, were the same. She said the respective findings would likely look different. <br /> <br />Mr. Clark asked if denial on the basis of sufficiency of resource had been upheld in the past. Ms. Jerome <br />said there was no precedent in the courts, but she felt there was a basis to justify the finding. <br /> <br />Ms. Solomon said she was disturbed by the reluctance to move forward on the application in a forthright <br />and honest manner and give the applicant all of the process that was due. Regarding the issue of resource, <br />she believed the applicant followed all of the protocol established in State statutes and passed all of the tests. <br />She reminded the council that it could approve with conditions and that could include strategies to ensure <br />there was no increase in production. She believed that Delta Sand and Gravel would be willing to adhere to <br />those conditions as it had been willing to respond to all questions during the process. She reminded the <br />council that Delta Sand and Gravel was a local business that provided good jobs for the community and the <br />City of Eugene was a consumer of its products. If it was shut down, the City would suffer the consequences <br />of increased prices. <br /> <br />Mr. Zelenka supported denying the application on the resource issue but did not understand why the council <br />would not go through the process as there were other, more problematic issues, such as noise and dust. Mr. <br />Yeiter said based on feedback on the County, which conducted more sand and gravel operation reviews, the <br /> <br /> <br />MINUTES—Eugene City Council April 18, 2007 Page 8 <br /> Work Session <br />