Item 3A: Approval of City Council Minutes

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City Attorney Emily Jerome clarified that the record would remain open on the ordinances related to parking standards and building heights and was closed on the Jefferson-Westside Special Area zone. She also noted that if the council wished to reconsider an ordinance approved on November 9, it would need to take action and an explanatory memorandum had been distributed to councilors explaining the process. Councilor Zelenka, seconded by Councilor Clark, moved to reconsider the motion to adopt Council Bill 5016, an ordinance amending the Eugene-Springfield Metropolitan Area General Plan Land Use Diagram; amending the Willakenzie Area Plan, and returning the “River Ride” site to the low density residential designation. The motion passed unanimously, 7:0. Councilor Zelenka, seconded by Councilor Clark, moved to divide Council Bill 5016 into two ordinances, one related to the land over which the City has sole jurisdiction and the other related to the land over which the City and County have joint jurisdiction. The motion passed unanimously, 7:0. Councilor Zelenka, seconded by Councilor Clark, moved to postpone action on the two ordinances until Monday, November 23, 2009. Councilor Brown asked if action taken by the council to approve a MUPTE application at its last meeting could also be reconsidered. Mayor Piercy noted that a memorandum from City Attorney Glenn Klein stated that the MUPTE action could not be reconsidered because contractual obligations were now in place. The motion passed unanimously, 7:0. Ms. Jerome cited Mr. Klein’s memorandum regarding the MUPTE action. She said that MUPTEs were governed by state law and City code and once an application was approved there were no provisions that would allow the council to repeal or terminate the resolution; termination could only occur if the developer failed to comply with conditions of approval. Councilor Taylor expressed concern that not all councilors were present when the MUPTE action was taken. Councilor Ortiz was not certain the outcome for that application would have been changed if all councilors had been present. She commented that she supported MUPTEs, but that particular application had not met all of the requirements. She felt it was important that future MUPTE applications fully comply with the conditions for approval. The meeting adjourned at 9:38 p.m. Respectfully submitted, Jon Ruiz City Manager MINUTES—Eugene City Council November 16, 2009 Page 9 Public Hearing