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Councilor Meisner, seconded by Councilor Nathanson, moved that the bill be approved and given final passage. The motion passed unanimously, and the bill became Ordinance 20175. 4.PUBLIC HEARING AND ACTION: ORDINANCE CONCERNING EROSION PREVENTION AND AMENDING SECTIONS 2.018, 6.406, 6.635, 6.640, AND 7.010 OF THE EUGENE CODE, 1971 In response to a question by Councilor Taylor regarding why the ordinance did not apply to sites smaller than one acre, City Engineer Les Lyle said that the one acre would be an interim threshold while the implications of the salmon listing as an endangered species and the new federal 4D rules were being evaluated. He noted that it was possible that he would again come before the council in the future to discuss further changes as a result of the salmon listing. Councilor Taylor expressed a desire to see the ordinance apply to areas smaller than one acre. She also commented that the penalties were vague. Mayor Torrey opened the public hearing. Seeing no one wishing to speak, he closed the public hearing and called for councilor comments/questions. City Attorney Glenn Klein explained minor wording changes in the ordinance. Mr. Johnson asked the council to consider Council Bill 4711, an ordinance concerning erosion prevention and amending sections 2.018, 6.635, 6.640 and 7.010 of the Eugene Code, 1971. Councilor Meisner, seconded by Councilor Nathanson, moved that the bill, with unanimous consent of the council, be read a second time by council bill number only and that enactment be considered at that time. Councilor Kelly stated that he understood the idea of the ordinance, but cited a situation in his ward where a waterway was filled without having a permit. He raised concern that citizens could alter existing waterways as long as they did not create additional sediment. Mr. Lyle said that the ordinance being discussed was primarily concerned with erosion control. He added that there were other provisions within the Eugene Code, such as site review conditions and site grading permits, that would better address Councilor Kelly's concerns. Mr. Klein added that the City could take action if a citizen filled a particular waterway over which the City had a prescriptive easement because the citizen would have infringed upon the City's property rights. Councilor Nathanson stressed the need that the ordinance be understood by City staff and members of the public. She also stressed that the penalties for violation should be adequate. The motion passed unanimously. Mr. Johnson asked the council to consider Council Bill 4711 by number only. Councilor Meisner, seconded by Councilor Nathanson, moved that the bill be approved and given final passage. The motion passed unanimously, and the bill became Ordinance 20177. MINUTES--Eugene City Council November 8, 1999 Page 4 7:30 p.m.