CC Minutes - 12/13/00 Work Session

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improvements. She asked if the State could reallocate the funding to pay for those improvements. Mr. Pap~ asked if future system improvements could be identified and included in the State Transportation Improvement Program. Ms. Childs said that the plan would be updated every three years and new projects could be added during updates. She said that if the motion passed, the City should extensively lobby the State to retain the money for other State projects in west Eugene identified in the staff notes. Mr. Pap~ suggested that council allow the project to stay in TransPlan pending the result of a community vote. Responding to a question from Mr. Fart, Mr. Klein said that the general rule was that those voting in favor of a motion that passed could move for reconsideration at a future meeting. However, the council that met in January 2001 would be a new City Council, and any councilor could make a motion related to the parkway and any three councilors could request that the subject be scheduled for discussion. Mr. Farr wanted a work session on the subject to be scheduled as soon as possible. The motion passed, 4:3; Ms. Nathanson, Mr. Pap~, and Mr. Fart voting no. Mr. Rayor rejoined the meeting. Due to a lack of time, the council postponed items C and D on the agenda. The council took a brief meeting recess. B.WORK SESSION: LAND USE CODE UPDATE The council was joined for the item by Planning and Development Department Director Paul Farmer and Mr. Klein. Mr. Klein noted that the court granted a preliminary injunction to preclude the implementation of Ballot Measure 7, passed by Oregon voters in November 2000. He anticipated a Circuit Court decision in January or February 2001, with a direct appeal to the Oregon Court of Appeals. A final decision from the final appellate court would probably be handed down in later summer 2001 or, if not expedited, three years hence. He did, however, believe the process would be expedited. Notwithstanding the measure's current status, Mr. Klein believed there was a risk to adoption of new regulations restricting the use of property. However, that was not to suggest that the council postpone implementation of the Land Use Code Update (LUCU) prior to the resolution of the measure's fate. He said that there were actions the council could take to reduce the risk of imposing new regulations. However, legal counsel had not yet had time to explore all those options. Mr. Klein suggested one approach could be to give property owners the ability to "opt in" to LUCU, and to waive their Ballot Measure 7 rights. Mr. Meisner asked if a waiver granted by one property owner would be honored by the next. Mr. Klein responded that such waivers could be recorded with a property's title. MINUTES--Eugene City Council December 13, 2000 Page 5 Work Session