Item 3A: Approval of City Council Minutes

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Agency. In order to assess Diamond Parking for the vacated right-of-way, the council would have to assess the Urban Renewal Agency as well. The question was whether there was a benefit from this property. Unless the council could find a factual basis for determining that there was no benefit to the Urban Renewal Agency but somehow a benefit to Diamond Parking from the vacation, he believed that Diamond Parking would probably have an equal protection claim against the City. He added that the council could make that determination because the code stipulates that the manager recommends, but the council decides whether to assess a special benefit. He was likely to suggest that if the council were to assess a special benefit, it do so on a square footage basis. Councilor Bettman said she would not oppose paying the assessment for the ORI portion from Urban Renewal Agency funds. She suggested that the City might want to retain the excess right-of-way for a pedestrian walkway to provide additional needed connectivity in downtown. Councilor Bettman recalled that when PeaceHealth had compensated the City for a previous alley vacation the cost was about $87,000. She believed the right-of-way in question was relatively valuable. Mayor Piercy called for a brief meeting break. 7. ACTION: Ordinances Concerning the Goal 5 Natural Resources Study An Ordinance Updating the Goal 5 Inventory Within the Eugene City Limits; Adopting the Goal 5 Water Resources Conservation Plan Within the Eugene City Limits; Repealing Ordinance No. 20296; Amending Sections 9.0500, 9.1040, 9.2751, 9.6885, 9.7025, 9.7055, 9.7105, 9.9205, 9.7230, 9.7305, 9.7810, 9.8025, 9.8030, 9.8460, 9.8465, 9.8470, 9.8855, and 9.8865 of the Eugene Code, 1971; Adding New Sections 9.8472 and 9.8474; and Adding New Sections 9.4900 through 9.4980 to that Code to Establish a Water Resources Conservation Overlay Zone; Amending the Eugene Overlay Zone Map; Adopting a Severability Clause; and Providing an Effective Date and An Ordinance Adopting the Goal 5 Inventory With the Eugene Urban Growth Area; Adopting the Goal 5 Water Resources Conservation Plan with the Eugene Urban Growth Area; Repealing Ordinance No. 20295; Amending Section 9.7810 of the Eugene Code, 1971; Adopting a Severabil- ity Clause; and Providing Effective Dates Councilor Solomon, seconded by Councilor Taylor, moved that the City Council adopt Council Bill 4905, an ordinance updating the Goal 5 inventory within the Eugene city lim- its. Councilor Papé noted that Councilor George Poling requested that the council not take action in his absence and he wished to respect that request. He said that traditionally, the council honored such requests. Councilor Solomon hoped that in the past spirit of trust and cooperation, the council would honor Mr. Poling’s request. She said that City Manager Taylor indicated to her there was time on the council calendar to accommodate the item at a future meeting. Councilor Bettman said the council had not always honored councilors’ requests to postpone action. She maintained that the council’s tradition and protocol related to such requests was that they were based on extenuating circumstances, such as a family illness or travel for other council business. She did not think a hunting trip rose to that standard. She maintained that the community was waiting for the council to take action on the item, which had long been on the council’s agenda. She would have been happy to have considered the request if it were for the reasons she previously mentioned. Councilor Bettman said that MINUTES—Eugene City Council November 14, 2005 Page 9 Regular Meeting