Item 3A: Approval of City Council Minutes

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parcels that would qualify for the exemption by quite a lot. Once applied, the amendment would be the same adjustment but the question was where it would apply and to what universe it would apply. Councilor Bettman said the council was already looking at a diminished level of natural resource protection. Building in the exemption would allow a further reduction in that protection. She did not support the staff- recommended motion because it still allowed for an adjustment to reduce the conservation area even if the lot was very large. She supported the amendment. Councilor Papé agreed with the remarks of Councilor Solomon. He said that the City should consider private property rights while balancing the need for protection. Councilor Bettman agreed with Councilor Kelly that known properties could be exempted through a separate ordinance. The amendment to the motion passed, 4:3; councilors Papé, Solomon, and Pryor voting no. Assistant City Manager Jim Carlson identified the bicycle paths that would be affected by the amendment previously offered by Councilor Bettman: 1) Delta Ponds path; 2) two sections of path along the Willamette River; and 3) the section of path along the Q Street Channel. Councilor Bettman indicated she was content to remove the reference to quantity and retain the text prepared by staff. Assistant City Manager Carlson clarified that existing bicycle paths would have a similar problem in the event of a preservation project that resulted in the widening of a bicycle path or removal of a bicycle path. Councilor Bettman, seconded by Councilor Taylor, moved to amend the motion with Mo- tion B on page 421 to include the text on 3(i) after it says “within the conservation area for category A, B, or C streams or Category A wetlands and no more than 12 feet for bicycle paths identified in TransPlan.” Councilor Papé wanted to ensure that the amendment was sufficiently flexible to allow for the construction of bicycle paths that met federal standards. Mr. Klein indicated that the motion would allow for that. Roll call vote; the amendment to the motion passed unanimously, 7:0. Ms. Jerome called attention to the effective date for the ordinances, and recommended January 1, 2006, as the effective date, rather than effective upon acknowledgement by the State. Councilor Kelly asked how long such an acknowledgement would take. Ms. Jerome indicated that staff expected an appeal to be filed and it could be six or eight months before acknowledgement could occur. Councilor Kelly, seconded by Councilor Taylor, moved to amend the language for Section 25 of the ordinance as suggested by legal counsel. Roll call vote; the motion passed unani- mously, 7:0. Roll call vote; the main motion passed unanimously, 7:0. Councilor Solomon, seconded by Councilor Taylor, moved that the council adopt Council Bill 4905, an ordinance updating the Goal 5 inventory within the Eugene city limits. Roll call vote; the motion passed unanimously, 7:0. MINUTES—Eugene City Council November 14, 2005 Page 13 Regular Meeting