CC Minutes - 10/27/99 WS - Laserfiche WebLink

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Mr. Lee left the meeting at 7 p.m. Mr. Kelly expressed concern about culverts being included in the exemptions listed on Council Agenda page 276, Section 6.660 (1)(a). He thought that using a culvert for a key waterway would reduce its benefits from a corridor, habitat, and filtration standpoint. Mr. Lyle said that the intent could be further clarified in the ordinance. Mr. Papb expressed concern about creating new governmental regulations over already existing regulations and possible jurisdiction conflicts over waterways with the Division of State Lands (DSL) and the Army Corps of Engineers (ACOE). Mr. Lyle said that the ordinance was to clarify which waterways the City wanted to retain in an open configuration. Mr. Klein noted that the DSL could not take action inconsistent with local land use codes. Mr. Lyle added that the AC©E could give permission to fill an area, but a permit would still have to be obtained from the DSL. He said that the AC©E and DSL would check with the City before issuing a permit to fill. After continued discussion about the overlapping of criteria from the DSL, the ACOE, and the City, Mr. Klein and Mr. Lyle said that they would look into this issue and get back to the council. Mr. Papb said that he was now wondering if there was any need for the ordinance. Ms. Nathanson made comments about the following sections of the ordinance: · Section 6.650 - She appreciated having the purpose of the regulation stated. · Section 6.660 - She clarified that "exempt from the prohibitions" meant that (a) - (e) were allowed. · Section 6.660(c)(3) - She suggested changing "Habitat degradation" to "Conditions causing habitat degradation." · Section 6.665(1) - Ms. Nathanson asked if there was ever a time when a site met one of the type I criterion or two of the type II criteria and still would not be designated. Ms. Walch said that there were exceptions listed in the ordinance and that a site that met the minimum qualifications would not automatically be designated. Mr. Torrey asked about the impact on the Delta Ponds. Mr. Lyle said that the City was working with the AC©E on trying to restore some of the flow through the Delta Ponds. He added that the DAC had considered the Delta Ponds important and that they were being proposed to be part of the key waterway system. He said that there was flow even though it might be imperceptible. Mr. Kelly responded to Mr. Papb by saying while he thought that commonality of language to define waterways might be helpful, he thought that the goals of the DSL, the ACOE, and the CSWMP were different. He added that he thought that the clarity about waterways would be a great benefit to everyone. Mr. Kelly agreed with the suggestion of notifying affected property owners. He also commented that the November 9 date for the information drop-in was the same date as a Tree Ordinance drop-in planned by the Urban Forester. He thought that there would be a conflict for many citizens. He noted that the Urban Forester had already sent out its publicity for the event. Mr. Lyle agreed to see if there was another possible date. Mr. Meisner supported changing the date of the information drop-in. MINUTES--Eugene City Council October 27, 1999 Page 9 5:30 p.m.