Item 2A: Approval of City Council Minutes

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Ms. Bettman, with the consent of the second by Ms. Taylor, withdrew her previous motion to amend the vacation ordinances. Ms. Bettman, seconded by Ms. Taylor, moved to postpone and direct the City Manager to renegotiate the cost basis of real property of the alley vacation to maximize the public benefit and to negotiate an inter-governmental agreement with the University of Oregon on a contribution in lieu of taxes. Mr. Zelenka felt further discussion on a contribution by the University in lieu of taxes would be a great idea so that the actual financial benefit provided to the City by the University could be more accurately determined. Associate Planner Steve Ochs, responding to a request from Mr. Zelenka, clarified the color classifications of the maps in the council agenda materials as the council had been provided black and white copies. Mr. Nystrom said the University would still have the ability to utilize the vacated properties for access to existing housing, despite any pedestrian or public utility easements. Mr. Zelenka, addressing Mr. Clark’s previous comments about the timeliness of the matter, said the alley vacation was not needed at this time. Additionally, Mr. Zelenka stated the University could not excavate the site until they had received a building permit which could only be granted when they had received a conditional use permit (CUP). Mr. Zelenka believed the University had manufactured the current sense of urgency around the project in order to force the City to prematurely grant the property vacations so that they could get it under their belt, but that they would ultimately sit on the execution of the project for several months. Mr. Zelenka asked if the Basis of Value report was not in fact an appraisal of the property. Mr. Ruiz confirmed it was not an appraisal, to which Mr. Zelenka responded that it did not appear that the report or the property vacations were maximizing the public’s benefit or interest in any way. Mr. Zelenka asked if changing the special assessment from 35% to 50% of the full assessed value would be considered arbitrary. Mr. Klein answered he was not familiar with everything in the public record on the matter and could not fully respond to Mr. Zelenka’s question. Mr. Klein reminded the council that Section 9.7450 of the City Code required them to make a decision within thirty days of the close of the record, which in this case would be September 10, 2008, unless a longer time frame was agreed to by the person or entity initiating the application. He said if the council wanted to consider new evidence such as a new appraisal they would need to re-open the record, which could not be done given the processes involved and the upcoming council break. Mr. Klein commented the excavation permit process was not as simple as Mr. Zelenka had described since there were some types of excavation that could occur under the City Code, and that the City had been awaiting the Attorney General’s determination as to whether this was an instance where excavation could proceed. Ms. Solomon said the matter before the council was simply a stall tactic and that the council had had all the time and information necessary to make a thoughtful and well informed decision. She said the questions before the council could have been asked when the record was closed instead of in the current work session. She believed the council’s behavior in the work session was seriously compromising what little integrity it still had. She said the University had followed the processes that had been defined to them, and urged the MINUTES—Eugene City Council August 13, 2008 Page 6 Work Session