Item 3A: Approval of City Council Minutes

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Councilor Zelenka, seconded by Councilor Clark, moved to adopt a Priority 3 Oppose posi- tion on House Bill 2961. Roll call vote; the motion passed, 6:2; councilors Taylor and Or- tiz voting in opposition. House Bill 2979 – Would require that places of public accommodation allow customer access to employee toilet facilities if a customer had certain medical conditions and provided for a punishment of a maximum fine of $90 for violations. Ms. Wilson stated that staff had recommended a Priority 3 Oppose position. She related that Councilor Ortiz had moved to monitor the bill and had not received a second. Mayor Piercy asked Ms. Wilson to review the conditions included in the bill. Ms. Wilson explained that the list included use of any ostomy device, Krohn’s disease, ulcerative colitis, and any inflammatory bowel disease. She said one issue raised by staff was that the bill provided no way for an employee of a public facility to know whether or not a person had one of those medical conditions. Mayor Piercy commented that in the case of someone with an extreme medical condition it did seem unreasonable to deny access to a restroom. She suggested that they choose to monitor the bill or to ask for an amendment requiring that a person carry an affidavit regarding their condition. Councilor Zelenka, seconded by Councilor Clark, moved to adopt a Priority 3 Oppose posi- tion to House Bill 2979. Councilor Ortiz asked where the bill was going. Ms. Wilson replied that it was not moving. Councilor Poling said the reason he opposed the bill was that it would allow customers access to employee toilet facilities. He pointed out that public restrooms were required to meet Americans with Disabilities Act (ADA). He felt that employees should not be exposed to unnecessary risks and, as such, he could not support the bill. In response to a question from Councilor Zelenka, Ms. Wilson said the bill did not explain how someone would determine if a person should have the right to access an employee bathroom. She remarked that it was a difficult bill to administer. Councilor Zelenka thought the bill came from a good intent but was badly executed. Councilor Pryor commented that anyone could come into a public place and claim they had irritable bowel syndrome or ulcerative colitis and it would be impossible to prove. He did not think the state would begin to issue cards proving that a person had one of these disorders. He could not support the bill. Roll call vote; the motion passed, 7:1; Councilor Ortiz voting in opposition. House Bill 3031 – Would extend local government approval of residential development permits for two years. Ms. Wilson related that staff had recommended adoption of a neutral stance because the City Council had not taken a position on it. She said Councilor Poling had made a motion to adopt a Priority 3 Support position and had not received a second. Councilor Zelenka, seconded by Councilor Clark, moved to adopt a neutral position on House Bill 3031. MINUTES—Eugene City Council April 13, 2009 Page 15 Regular Meeting