CC Minutes - 02/02/98 Work Session

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City's most congested roadways and intersections, and could impair the City's ability to acquire property through eminent domain by giving citizens a basis for objection. He did not think that the improvements being constructed in the Ferry Street corridor on the north side of the river could have occurred if the proposed language had been in place when the project was proposed. Mr. Farr moved, seconded by Ms. Taylor, to modify Policy 13 as proposed by Mr. Belcher. Mr. Laue said that he was unable to determine what the word "viability" meant in this case. He reminded the council of the proposal to locate bicycle paths on 13th Avenue, 11th Avenue, and Washington Street and suggested that the policy would have enabled the residents objecting to the loss of on-street parking required by installation of the lanes to have argued the lanes threatened their homes' viability. Mr. Lee said that the revision was consistent with the idea of liveable neighborhoods, and he would support the motion. Responding to a question from Mr. Torrey, Mr. Klein said that if the policies were binding, he would be concerned about the term "viability," which implied the ability to maintain one's existence at one's current location. He reminded the council of the business relocation necessitated by the Ferry Street corridor improvements project, which would not have occurred if the policy had force of law. He said that the issue of eminent domain was a factor in his opposition. Mr. Klein was concerned that although the council resolution related to the policies indicated they would guide staff decision and not apply to land use actions, someone would raise the policy in court. Ms. Taylor thought the added language would give residents an argument to preserve the trees in their front yards when road improvements occurred. Ms. Nathanson said that there were improvements that could be made that did not significantly contribute to the amount of paving or to road width. She said that the word "focus" was critical because it did not preclude other types of projects. Mr. Fart said that he favored an approach that was not overly rigid, and provided residents with some flexibility to allow them an avenue of argument. He thought Ms. Taylor's point about residents wishing to preserve the trees in their front yard a good example. He said he did not mind giving people a "last straw" to grasp onto, particularly when their homes were involved. Roll call vote: the motion failed, 5:3; Ms. Taylor, Mr. Fart, and Mr. Lee voting yes. Ms. Nathanson said she hoped implementation measures would take into account the council's discussion, as many important points had been made by individual councilors. Mr. Croteau reviewed a suggested change to Policy 14 proposed by Don Upson (struck text proposed for deletion; italicized text proposed for addition): "Development shall be required to pay the full cost of extending infrastructure and services ~×c~pt ,~.,,,,,~, ,~,,,,~ r,~,v,,~, ..... vv,,,a~ ~^~,,,,, ,~ ......... _~,~ *'",v MINUTES--Eugene City Council February 2, 1998 Page 6 5:30 p.m.