Item 2A: Approval of City Council Minutes

Home Browse Search

Councilor Pryor had reason to believe that no one would appeal. He was less concerned about declaring an emergency, given that. He could appreciate the desire to ensure the height restrictions were upheld and to prevent someone from attempting to “sneak in the back door.” He did not feel a compelling need to declare an emergency, however. Mayor Piercy surmised that the amendment would allow the neighborhood to feel that they were being protected from someone developing a building that was taller than the restrictions would allow, once in place. In response to a question from Councilor Clark, Ms. Jerome explained that the charter provided that an ordinance would go into effect after 30 days. She was not certain why that number of days was required, though it was a common practice across the state for resolutions to go into effect immediately and ordinances to go into effect after 30 days. Councilor Clark asked if there were any potential negative consequences of immediate adoption from an economic standpoint. Ms. Hansen replied that if someone was prepared to submit a building permit that met current code and the amendment was passed, they would have to change the application. She was not aware of any plans to submit a building permit in that area at this time. Councilor Clark said he agreed with Councilor Pryor; this was a valid thing to do but he did not feel compelled to pass the amendment on an emergency basis. Councilor Zelenka reiterated that the intent behind the amendment was to prevent someone from trying to submit an application for a building permit for a building that would exceed the height restrictions desired by the neighborhood during the 30-day waiting period. He believed that a ten-story, 120-foot high building across the street from single family neighborhoods would cause irreparable harm. He said if someone was to appeal the height restrictions, then there would be no restrictions until the LUBA process had reached its culmination. He noted that the area was the only one in the City that had land that was zoned Residential, R-1, next to land that was zoned Residential, R-4. He considered the amendment to be an interim “band-aid” to protect the neighbors in that area. Councilor Taylor supported protecting the neighbors immediately. She saw no reason not to pass the emergency clause. She felt it was crucial. Councilor Pryor asked Ms. Jerome if the main difference between the two actions was 30 days. Ms. Jerome responded that there were three options and the council was discussing the two extremes: declaring an emergency which would make it effective immediately and what was already in the ordinance, which was that it would not go into effect until it was acknowledged. She explained that this could mean that it would not go into effect until after an appeal. She said the middle ground would be to move to delete the text in Section 4 and nothing more, putting the ordinance into effect after 30 days. Councilor Pryor thought the end result would be the same either way. He felt that if it was in the interest of the neighborhood and the neighborhood wanted something done immediately, he could support it. Councilor Zelenka was concerned that someone could put in for a building permit within 30 days for a building that would violate the code change they intended to implement. He felt that they were going to enact it anyway, so they should make it in effect immediately. Roll call vote; the vote on the amendment providing for the immediate effective date was 5:3 and, therefore, did not pass. Councilors Solomon, Poling, and Clark voted in opposition. MINUTES—Eugene City Council October 12, 2009 Page 7 Regular Meeting