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MINUTES Eugene City Council McNutt Room--City Hall September 13, 1999 5:30 p.m. COUNCILORS PRESENT: Scott Meisner, David Kelly, Bobby Lee, Nancy Nathanson, Gary PapS, Gary Rayor, Betty Taylor. COUNCILORS ABSENT: Pat Farr. The adjourned September 11, 1999, Eugene City Council meeting was called to order at 5:30 p.m.; His Honor Mayor James D. Torrey presiding. A. Work Session: Ordinance Concerning Erosion Nuisance Abatement; and Amending Sections 2.018, 6.010, 6.080, 6.085, 6.090, 6.100, 6,110 and 6.640 of the Eugene Code, 1971 Les Lyle, Public Works Engineering, introduced the topic and gave background information followed by a PowerPoint presentation describing the current program and staf?s recommended changes. He reviewed the council's options contained in the agenda item summary and said staff recommended option 1 because it will provide the necessary enforcement tools for the upcoming wet weather period and will allow staff to further refine the program changes, with council direction, through the Stormwater Departmental Advisory Committee (DAC). Ms. Nathanson and Mr. Rayor arrived at the meeting. In response to a question from Mr. Lee, Mr. Lyle said staf?s research of erosion prevention programs that may be eligible for 4(d) exemption will include a study of proposed programs in cities such as Tacoma and Seattle, Washington. He added that new federal Endangered Species Act 4(d) rules were expected in November 1999, after which the City would evaluate what changes to its program may be necessary for a 4(d) exemption; possibly modeling our program after Seattle and Tacoma. Mr. Lyle reviewed the proposed time line, with an effective date set for January 1, 2000 for the intermediate program changes and October, 1999 for the nuisance abatement code changes. Addressing a question from Ms. Taylor, Mr. Lyle defined a "sensitive area." In response to a follow-up question, Mr. Lyle described enforcement tools contained in the ordinance, including cost recovery should the City be forced to do the abatement. The City would bill for the full cost if it did the abatement and place a lien on the property. In addition, the City could levy a civil penalty. Mr. Pap~ noted the great increase in fines. Mr. Lyle said the fines would primarily apply to egregious and repeat violators. Education and voluntary compliance were going to continue to be the primary tools staff would use. Minutes--Eugene City Council September 13, 1999 Page 1 5:30 p.m.