CC Minutes - 07/21/08 Public Hearing

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Responding to a question from Councilor Zelenka, Ms. Jerome reviewed possible timelines for closing the record and taking action. She noted that the deadline for action was September 10. Councilor Zelenka perceived that as providing time for all the processes to come together. Councilor Bettman believed the council would need more time if it was to consider anything beyond what had been submitted to this point. Speaking to the issue of the evidence on the record, she said she saw no evidence, merely statements without findings in support. She did not know what the properties were to be used for. The council could be vacating the property for a parking lot. She recalled that the application mentioned maintaining pedestrian th easements on the east-west 13 Avenue segment, but bicycles were not mentioned and the easements were not described. She wanted to know the increase in travel time for those seeking to access the EmX line. Councilor Bettman spoke to the issue of significant economic benefit and said there was no evidence of the 2,000 jobs mentioned in testimony in the findings. She asked if those were family wage jobs, and how long they would last. The application lacked traffic impact studies. She asked if the council’s decision could be appealed. Ms. Jerome said that staff had prepared two ordinances, both of which could be appealed to LUBA. Responding to a follow-up question from Councilor Bettman, Ms. Jerome said the ordinances could not be referred to the voters. Councilor Bettman did not think the amount to be assessed reimbursed the public in regard to the connectivity that currently existed. She was very interested in a land exchange. Responding to a question from Councilor Pryor, Ms. Jerome said the council first needed to decide if it wished to keep the record open for 21 days or 14 days. She noted that the statutes grant the applicant the opportunity for seven additional days for rebuttal after that time. She noted that the UO had offered to waive that seven additional days if the council acted before the council recess. She suggested that a possible motion was to hold the record open for seven days until 5:00 p.m. on Monday July 28, during which anyone could submit written testimony; and open for another seven-day period ending 5:00 p.m. August 4 during which anyone can submit testimony rebutting evidence submitted in the past seven days. City Manager Ruiz confirmed that staff could have the information requested by the council in time for a decision prior to the recess. Ms. Jerome recommended that the council adopt a 14-day period initially. Councilor Pryor wanted to ensure that the council acted no later than September 8. Councilor Pryor, seconded by Councilor Ortiz, moved to keep the record open for 14 days, August 4, 2008, with a council decision to follow on August 11, 2008. Mr. Clark contacted Councilor Poling by telephone. Councilor Zelenka saw no need to rush a decision. He thought the council already had a very full schedule, and pointed out the alley vacation did not benefit the UO unless it received a favorable decision from the Attorney General. Councilor Zelenka, seconded by Councilor Bettman, moved to amend the motion to keep the record open for 21 days to August 11, 2008, and to schedule council action on September 8, 2008. Councilor Zelenka wanted staff to return with text that made the vacations contingent on the CUP for the arena to ensure the council was not vacating the alley for a parking lot. He also wanted to see the calculation behind the assessment. He noted a statement in the application that the vacations would not transfer traffic to other streets, but given the UO’s proposal to route truck traffic onto Villard Street, he wanted to see any egress/ingress studies that existed. MINUTES—Eugene City Council July 21, 2008 Page 15 Public Hearing