Item 2A: Approval of City Council Minutes

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Mr. Clark thanked Mr. Dedrick for his presentation and noted he would need further clarification regarding the City's obligations under HB 3337, specifically with regard to what portions of the ECLA process were required to be completed by the end of 2009. Mr. Clark commented he had heard from individuals who questioned the reliability of the data used in the ECLA process. He further noted that if adoption of the ECLA findings was not required by December 31, 2009, then a specific timetable for how the ECLA process would affect City policy would be required for him to support any acceptance of the staff report. Mr. Clark indicated his understanding that the CAC had ultimately advocated for the removal of all wetlands within the UGB from the buildable lands inventory regardless of their current development status or partial constraints. He noted that he agreed with the determination of the CAC and agreed that the wetlands should be completely protected and not categorized to be any part of any available or vacant lands. Ms. Piercy asked for further clarification regarding the classification of known wetlands within the UGB. Mr. Dedrick noted that the three classes of wetlands within the UGB were: 1) the West Eugene Wetlands Plan Wetlands, 2) the Goal 5 wetlands; and 3) the local wetland inventory wetlands that had been inventoried as part of the Goal 5 process but had been excluded from the Goal 5 protections. He noted that it was completely within the purview of the City of Eugene to determine if the wetlands should be removed from consideration under the ECLA process, but that there was no definitive current City policy that exclusively prohibited development on all wetland areas within the UGB. Mr. Dedrick, responding to a question from Ms. Piercy, stated the local wetland inventory predated Goal 5 policies and that while certain wetlands were not specifically protected under Goal 5, those lands remained classified as wetlands and subject to State protections regarding the same. Deputy City Attorney Emily Jerome, responding to a request for clarification from Ms. Piercy regarding language contained in staff's agenda item summary materials, noted that the City of McMinville had similarly struggled with issues relating to available land classifications and protections. She further noted that should the City choose to adopt a plan to use land not within the current UGB, the City would correspondingly be prohibited from adopting said plan as it violated State statutes and goals that mandated a sufficient supply of buildable lands within the UGB. Ms. Jerome summarized her remarks and noted, "You mustn’t adopt a plan that says you have demand that's not met." Mr. Pryor recognized the deadline specified by HB 3337 and hoped that the ECLA product generated by staff would be an accurate representation of the City's actual available land. He hoped the various voices, opinions, and input from all parties concerned with land use issues in the region would be acknowledged or applied in a manner that would quickly generate the most accurate report possible. He suggested to the City Manager that the City might have to devote an increased level of resources in order to complete the City's ECLA process as quickly and as accurately as possible, particularly since the ECLA process was likely to influence a significant level of subsequent City policies. Mr. Dedrick, responding to a question from Ms. Solomon, commented that recent protections adopted by the council concerning local waterways dictated that such areas were included as part of the protected lands not subject to development. Ms. Solomon asked how railroad lands were classified under the ECLA process. Mr. Dedrick replied that railroad right of way areas were removed from the buildable lands inventory and that it was indeterminate whether other railroad lands would be subject to potential development within the 20-year time frame considered as part of the ECLA process. MINUTES—Eugene City Council September 28, 2009 Page 6 Work Session