Item 2A: Approval of City Council Minutes

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Councilor Zelenka preferred to continue the commission’s review of the CIP as he felt that was valuable input. He suggested that language could be revised to more clearly define the Planning Commission’s role and responsibilities for CIP review. Councilor Bettman clarified that she was requesting two voting citizen members to replace the two nonvoting ex officio members who were being removed from the commission; not an expansion of the total number of commissioners. She agreed with Councilor’s Zelenka’s remarks regarding the commission’s CIP review. 2. PUBLIC HEARING: An Ordinance Adding Sections 9.4770 Through 9.4790 to the Eugene Code, 1971 that Establish a Water Quality Overlay Zone; Amending Sections 9.0500, 9.1040, 9.7055, 9.7205, 9.7305, 9.7820, 9.8005, 9.8025, 9.8030, 9.8055, 9.8215, 9.8220, 9.8320, 9.8325, 9.8415, 9.8470, 9.8472, 9.8474, 9.8515, 9.8520, 9.8855, and 9.8865 of that Code; Repealing Ordinance No. 20194 and Sections 6.650, 6.655, 6.660, 6.665, and 6.670 of that Code; Adopt- ing the Water Quality Waterways Map; Amending the Eugene Overlay Zone Map; Adopting a Severability Clause; and Providing an Effective Date. Mayor Piercy opened the public hearing and reviewed the procedures for providing testimony. Jason Martin , Ohio Street, Eugene, thanked Councilor Solomon for her assistance. He expressed concern with the impact of the 25-foot setback requirement on his property. He questioned whether that requirement would be triggered by any repairs to an existing fence. Gene Addington , Ruby Avenue, Eugene, stated he was also concerned with the 25-foot requirement and was not certain how that was measured. He currently maintained the portion of his property that would be affected by the requirement and questioned who would have the responsibility under the new ordinance. Doug DuPriest , High Street, Eugene, representing California-Oregon Broadcasting, Inc. (COBI), used photographs that illustrated his concern about the ordinance’s impact on COBI’s satellite dish installation site. He identified a number of problems with the proposed ordinance, including the need for private property owners to hire consultants to determine the setback line. He said if the council adopted the water overlay ordinance, COBI was asking for an amendment that would exempt its Chad Drive property and exclude it from the overlay as a quasi-public telecommunications provider with unique engineering needs and federal regulatory requirements. Alternatively, he asked that the physical footprint be defined as being at least 12 feet wide or the width of the dish, if wider. He noted that COBI was the only telecommunications provider affected by the ordinance and an exemption would be fair. He said the larger dishes were a required upgrade to accommodate high definition signals. Mayor Piercy determined there was no one else wishing to speak and closed the public hearing. She called for comments from the council. Councilor Solomon thanked those who testified. She asked staff to follow up with Mr. Martin and Mr. Addington on the questions they posed during testimony. Therese Walch, Public Works Department, replied that she would follow up on the questions. She said the ordinance would not change who was responsible for managing the property and owners would be able to provide maintenance of vegetation, including existing landscaping. MINUTES—Eugene City Council May 19, 2008 Page 2 Public Hearing