CC Minutes -05/09/12 Work Session

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MINUTES Eugene City Council .McNutt Room —City Hall 777 Pearl Street — Eugene, Oregon May 9, 2012 Noon COUNCILORS PRESENT: George Brown, Pat Farr, Betty Taylor, Andrea Ortiz, George Poling, Mike Clark, Chris Pryor, Alan Zelenka. Her Honor Mayor Kitty Piercy called the May 9, 2012, work session of the Eugene City Council to order. A. WORK SESSION: Capstone Collegiate Communities Student Housing Development Proposal Ms. Ortiz declared a potential conflict of interest due to her employment with PeaceHealth. City Attorney Emily Jerome asked the council to address the street vacation prior to discussing the Multi - Unit Property Tax Exemption (MUPTE) application, noting the alley vacation was a quasi-judicial land use decision that included a discrete record (now closed) and any contacts specific to the vacation could be part of the council decision if not disclosed in the existing record. She reported that the applicant had waived the time allowed under Oregon statute for rebuttal so the council could act on the vacation that day. Associate Planner Becky Taylor reviewed the four public comment periods that occurred in regard to the application and said staff responded to testimony received in a memorandum to the council dated May 8, 2012. Ms. Taylor reported that prior to the close of the record on May 1 the applicant withdrew a portion of Willamette Alley from the right -of -way vacation request. It would continue to provide full public access and would remain as is. West 12 Avenue would be vacated as proposed. She reminded the council that the criterion for approval of the vacation was that the council determine it was in the public interest (Eugene Section 9.8725). Staff had prepared findings supporting the conclusion that the vacation was in the public interest. The applicant had met the consent requirements and the City had provided public notice consistent with State statute and local code. Ms. Taylor recommended approval of the right -of -way vacation. Mr. Brown wished to offer the body a motion regarding the MUPTE. He said if the council failed to approve the MUPTE there was no reason to consider the vacation. Noting that the MUPTE had an open record and the council could discuss it at any time, City Attorney Jerome confirmed the council could address the MUPTE first. She pointed out that the vacation ordinance was written so it would not take place unless the development process proceeded to the building permit stage. Mr. Brown found his preferred order more logical. MINUTES— Eugene City Council May 9, 2012 Page 1 Work Session