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Responding to a question from Councilor Lee, Mr. Johnson noted his concurrence with the staff <br />recommendation that the council stay with the word "may" rather than "will." He said that the <br />ordinance was written to parallel other ordinances, and generally the word "may" was used. Mr. <br />Klein concurred. He said that there were places in the code where "shall" was used, but he did <br />not know why. The issue was the prioritization of staff resources; if the ordinance included the <br />word "shall" the manager would be required to take enforcement action even in the case of very <br />minor violations. <br /> <br />Councilor Lee suggested that there were unintended consequences to the language change. He <br />was concerned about the change would create a resource commitment the council had not <br />foreseen. He asked about the fiscal impact of the change. Mr. Johnson said that it was difficult <br />to quantify the impact. Providing enforcement on every violation, no matter how small, could be <br />very expensive. <br /> <br />Councilor Meisner did not support the amendment. He believed the legislative history would <br />guide the manager's application of the ordinance. In addition, the ordinance was an interim <br />ordinance that the council would track the impact of. <br /> <br />Councilor Pap~ called for the question. There was no second to the motion. <br /> <br />Councilor Taylor supported the amendment because she thought there should be a penalty for <br />violating the ordinance. <br /> <br /> Roll call vote; the motion failed, 5:1; Councilor Taylor voting yes. <br /> <br /> Councilor Lee moved, seconded by Councilor Taylor, to amend the motion by <br /> adopting Amendment 6, Restoration Requirement. Roll call vote; the motion <br /> passed unanimously, 6:0. <br /> <br /> Councilor Lee moved, seconded by Councilor Taylor, to amend the motion by <br /> adopting Amendment 7, West Eugene Wetlands Plan Exception. <br /> <br />Councilor Kelly supported the amendment, saying he appreciated the issue was of manageable <br />size. He asked if Mr. Klein was comfortable with the language. Mr. Klein said yes, and noted <br />that there was a typographical error in that the phrase should be "or is in a waterway." <br /> <br />Responding to a question from Councilor Pap~, Mr. Klein indicated that Bruce Anderson's office <br />had sent the council a letter indicating the amendment addressed his concerns. <br /> <br /> Roll call vote; the motion passed unanimously, 6:0. <br /> <br /> Councilor Lee moved, seconded by Councilor Pap~, to amend the motion by <br /> adopting Amendment 8, Emergency Clause. <br /> <br />Responding to a question from Mayor Torrey, Mr. Klein said that if the ordinance did not pass with <br />six votes, the emergency clause would not take effect. <br /> <br />Councilor Pap8 opposed the motion because he did not share Mr. Lyle's belief that the <br />community was aware of the ordinance. <br /> <br />MINUTES--Eugene City Council April 24, 2000 Page 9 <br /> Regular Meeting <br /> <br /> <br />