CC Minutes - 02/28/11 Meeting - Laserfiche WebLink

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Councilor Zelenka, seconded by Councilor Ortiz, moved to amend the motion to change the City's position on House Bill 2181 to Priority 2 Oppose. Responding to a question from Councilor Clark, Ms. Wilson explained that staff had recommended the City take a position of Priority 2 Oppose on the bill because it provided for attorney fees to be awarded in any land use appeal where an applicant prevailed. Many organizations, including the League of Women Voters and 1,000 Friends of Oregon, opposed the bill because of concerns it would deter people from appealing land use decisions. Ms. Wilson said that House Bill 2181 and House Bill 2182 were components of a larger discussion of land use taking place in the legislature. She did not think the bill would pass as drafted. Councilor Clark, seconded by Councilor Poling, moved to amend the amendment to change the City's position on House Bill 2181 to Monitor. Councilor Ortiz did not support the motion. At her request, Mr. Walch described the distinctions between the priority positions the City took on legislation and the amount of time that staff spent lobbying for bills depending on the priority assigned. Councilor Ortiz preferred the original staff recommendation for House Bill 2181, Priority 2 Oppose. Councilor Clark noted the staff recommendation for House Bill 2182 had been for a Neutral position and he preferred to take the same position for House Bill 2181 while legislative discussions occurred. Councilor Pryor indicated he could support either a Monitor or Neutral position with the caveat that he wanted the City to be able to act when more was known about the outcome of the legislative discussion. Responding to a question from Councilor Brown, Ms. Wilson said that the Land Use Board of Appeals already had the ability to declare an appeal frivolous. Councilor Brown perceived the bill as an attack on the land use system and indicated support for Councilor Zelenka's amendment. Councilor Zelenka believed the bill would have an intimidating effect and could eliminate all appeals. Roll call vote: The amendment to the amendment failed, 4:4; councilors Poling, Pryor, Clark, and Farr voting yes, and councilors Taylor, Ortiz, Pryor, and Brown voting no. Roll call vote: The amendment to the motion passed, 5:3; councilors Poling, Clark, and Farr voting no. Roll call vote: The main motion as amended passed, 5:3; councilors Poling, Clark, and Farr voting no. House Bill 2182 Councilor Brown, seconded by Councilor Poling, moved to adopt the CCIGR recommendation of Priority 3 Support for House Bill 2182. Councilor Zelenka, seconded by Councilor Ortiz, moved to amend the motion to change the City's position on House Bill 2182 to Neutral. Roll call vote: The motion passed, 5:3; councilors Poling, Clark, and Farr voting no. Roll call vote: The main motion as amended passed, 5:3; councilors Poling, Clark, and Farr voting no. MINUTES— Eugene City Council February 28, 2011 Page 8 Regular Meeting