Item 3A: Approval of City Council Minutes

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within the conservation area. The amendment to EC 9.4930(3)(i) would prohibit construc- tion of maintenance access roads within the conservation area, and would limit construction of paved pedestrian pathways to no more than 6 feet in width and only on streams or wet- lands that have a setback of 40 feet or more. The amendment to EC 9.4940 would make that section consistent with the language and intent of EC 9.4930(3)(i). Councilor Bettman said the proposed amendment would allow for up to a six-foot walkway in a setback area. She noted that staff supported the amendment as being consistent with the intent of the conservation area. Councilor Papé asked if the amendment allowed for bicycle paths. Mr. Björklund said that it was pointed out to staff that there were three planned bicycle paths running along waterways that had not been built yet. The standard width for such bicycle paths was 12 feet, so the amendment did represent a conflict with those bicycle paths. If the council wished to allow those paths to go forward, he recommended that staff develop some alternative language. Councilor Papé suggested that the amendment be changed to 12 feet. Councilor Bettman suggested that alternatively, the three bicycle paths be listed as exceptions that could be built to 12 feet. Councilor Bettman withdrew the motion for the time being with the concurrence of her second, Councilor Taylor. Councilor Kelly, seconded by Councilor Bettman, moved to adopt Motion C, a motion that would revise BC 9.8030(21)(b), (c) and (d) and add a new subsection (e). EC 9.8030(21)(b), (c) and (d) provide for adjustments to the conservation area if certain stan- dards are met. The new section (21)(e) would provide standards for demonstrating that en- hancement measures increase the functions and values of the conservation area. Section (21 )(b) provides for a setback reduction of up to 20 percent on setbacks of 40 feet or more, if certain standards are met. This amendment would require an applicant for this adjustment to demonstrate that the new enhancement standards under (21)(e) are met in order to reduce the setback by 20 percent. This amendment would require an applicant for the adjustment under (21)(c) to demonstrate that the new enhancement standards under (21)( e) are met in order to use setback averaging on the site. The amendment would revise (21)(d) so that in order to qualify for the adjustment, the property would have to: (1) be undeveloped, (2) be such that the lot could not be developed without this adjustment, and (3) would have to meet the new standards in (21)(e). Councilor Kelly thanked Mr. Björklund and other staff for their work on the amendment. Councilor Kelly noted that staff supported the amendment as the changes would strengthen the intent of the adjustment provisions. The amendment to the motion passed unanimously, 7:0. Councilor Kelly, seconded by Councilor Taylor, moved to amend Subsection 9.8030(21)(a) to provide as follows: a) for any property containing a /WR conservation area due to a re- source identified as a wetland, upland wildlife habitat, or riparian site in the Goal 5 Water Resources Conservation Plan, an adjustment to the provisions of Eugene Code Section 9.4920 may be made if no previous adjustment under this section has been approved for the specific portion of the conservation area and all the following are met: MINUTES—Eugene City Council November 14, 2005 Page 11 Regular Meeting