CC Minutes - 06/18/08 Work Session

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it was in the public’s interest to vacate the alleyway. She said if councilors felt that any contacts might be considered ex parté, the remedy was to disclose them for the record before the hearing so the public could respond to them. Mr. Clark asked at what point the council needed to be concerned about discussing the arena. Ms. Jerome said that occurred at the point at which the council became aware it would be making a decision on the matter. Ms. Taylor asked if it would be evidence of bias to vote on the motion following Mr. Zelenka’s explanation that it would help construction on the area occur sooner. Ms. Jerome said that would not be a problem; councilors could vote to consider the matter without indicating a position in support or opposition. Ms. Bettman did not understand how councilors could participate in a discussion in a way that facilitated moving forward with the arena since the arena was predicated on vacation of the alleyway. She asked if a councilor could participate by stating they had revealed bias. Ms. Jerome said she was not aware of the entire arena process, but would research that and provide guidance. She saw no problem voting on the question of scheduling a public hearing and assisting citizens and the applicant in their efforts to arrive at a mutually acceptable agreement; that did not reflect a bias. The motion passed unanimously, 8:0. A. ACTION: – An Ordinance Adding Sections 9.4770 Through 9.4790 Water Quality Protected Waterways 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; Adopting the Water Quality Waterways Map; Amending the Eugene Overlay Zone Map; Adopting a Severability Clause; and Providing an Effective Date. City Manager Jon Ruiz introduced Therese Walch, Public Works, to make the presentation. Ms. Walch stated that three people had testified at a public hearing on May 19 and 23 and pieces of written testimony had been received on the proposed Water Quality Protected Waterways. She said the agenda packet contained the testimony, staff responses and recommended modifications to the ordinance based on the testimony. She said the proposal originated with council-adopted policy in the form of the stormwater management plan, which included direction to integrate the beneficial functions of waterways into the City’s stormwater system, including adoption of setback protection measures. She said the Clean Water Act was also a driver with respect to total maximum daily loads (TMDL). She said numerous management strategies were already being employed by the stormwater program; the setback protections would fill gaps. Ms. Walch used a map to illustrate that adopted Goal 5 protections already provided a considerable amount of water quality benefit and there would be significant administrative difficulty in trying to apply setbacks in addition to those existing through Goal 5. She said the current proposal would apply to 13.6 miles of waterways instead of 90 miles to fill the gaps in water quality protection. She said the complexity of the ordinance reflects staff’s efforts to balance protection of water quality with the ability of owners to utilize their properties for their intended use. MINUTES—Eugene City Council June 18, 2008 Page 2 Work Session