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Councilor Bettman requested an amendment that tied what she termed the alley vacation “giveaway” to the ORI development and an amendment that required remuneration to the City from Diamond Parking for the vacated right-of-way. Councilor Papé asked why the issue was coming to the council at this time. City Manager Taylor said that the meeting was the first time the council’s calendar could accommodate the item. It was also consistent with the time line in the City’s agreement with ORI. Mayor Piercy suggested that action be scheduled for a future meeting. City Manager Taylor concurred. Councilor Solomon asked what happened if Diamond Parking did not want part of the alley in question, and why the entire alley was not dedicated to the Urban Renewal Agency. Mr. Klein clarified that under State law, when the City Council vacated a right-of-way, the property in question went back to the adjacent underlying owners. The council did not have the authority to deed the property to the Urban Renewal 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 MINUTES—Eugene City Council November 14, 2005 Page 9 Regular Meeting