Item 1: PH on Ordinance Amending Metro Plan (Delta Sand and Gravel)

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complete a low permeability barrier to reduce groundwater flow into the excavated area. The Planning Commission has forwarded this matter to the Board with a recommendation. This Ordinance, accompanied by findings prepared by the applicant (to be delivered in a supplemental packet), sets the matter before the Board for adoption, modification, or denial. The same information is provided to the City Council for consideration of the Metro Plan Amendment. III. PROCEDURE Because this is a Type II Metro Plan Amendment, it requires approval of both the Home City of Eugene and Lane County. The City of Springfield has elected to opt out of the decision process. The Board of Commissioners has established and generally follows these hearing procedures: 1. Announce the purpose of the hearing and explain the rules of conduct; 2. Disclose any ex parte contacts and call for abstentions from the Board and Eugene City Council; 3. Request the Director or staff to present an introductory report, explain any graphic or pictorial displays which are a part of the report, read findings and recommendations, if any, and provide such information as may be requested by the Board and the City Council; 4. Allow the applicant to be heard first, on its own behalf or by representatives. 5. Allow the neighboring residents to be heard, on their own behalf or by representatives. 6. Allow staff persons of public agencies to be heard; 7. Allow other persons to be heard; 8. Allow the Director to present any further comments or information in response to testimony and evidence offered by any interested persons. 9. Allow the applicant to rebut, on his own behalf or by representative, any testimony previously presented to the Board and City Council. 10. Conclude the hearing of testimony at this time and close the record, unless the Board or City Council wants to continue the hearing or leave the record open. 11. At the conclusion of the public testimony, the Board and Council have several options: a) They can continue the hearing to a date and time certain for the purposes of hearing additional testimony before commencing with deliberations; or b) Leave the record open for additional written testimony. The Board and Council must determine reasonable time periods for the record to remain open for the submittal of additional written information by the applicant and opponents; or c) Move directly to deliberations at a time specified by the Board and Council in either joint or separate meetings, and make a decision based on findings of fact and conclusions in response to the record and testimony. 12. At the conclusion of deliberations, the Board and Council have several options: a) the Board and Council may adopt Ordinance’s for each jurisdiction with the supporting findings of fact prepared by the applicant; or b) the Board and Council may assign the drafting of revised findings of fact and conclusions to the applicant for adoption at a subsequent Reading; or c) the Board and Council may take action to tentatively deny the request, and assign the drafting of Order’s for denial to the Director or counsel for the opponents. IV. DISCUSSION A. Definitions: This report includes several terms or phrases that are defined in OAR 660-023-180(1). Definitions applicable to this proposal are provided below: Board/Council Hearing – Ordinance No. PA 1238 Delta Sand & Gravel Expansion Agenda Cover Memo Page 2 of 23