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City, but the property owner could choose to ignore the City's process. Councilor Meisner stated that the problem with this was that a property owner could do so as aproforma action to get into the court and the City could, meanwhile, rack up fees which would later become a lien. Councilor Bettman requested amendment language for the creation of a mechanism in order to track out- of-state owners. She also asked for amendment language to require that an appraiser have no business or personal relationship with the property owner. She suggested, too, that staff provide amendment language for her that expanded the area required to be noticed. Councilor Pap6 asked if the ordinance prohibited the council from saying that a land use waiver ended with the sale of the property. Mr. Klein replied that the default was that the waiver would go away. Councilor Pap6 surmised that the council could say the waiver should remain with the property. Mr. Klein then responded that the question was whether Ballot Measure 37 actually authorized this. He stated that home rule authority did not apply to override the measure. In response to a question from Councilor P~p6, Mr. Klein stated that a person was not required to hire an appraiser but in the course of litigating a claim in court, it would be difficult for a land owner to prove a loss of value without one. Mayor Torrey recommended that staff bring some language that indicated that a land use waiver should be transferable with a property, unless Ballot Measure 37 did not allow it. He preferred taking that position rather than assuming the court would support such a move. He also agreed that staff should bring a proposal to the Wednesday work session for a fee cap of some kind. Roll call vote; the motion to table passed, 5:3; Councilors Bettman, Taylor, and Kelly voting in opposition. 4. PUBLIC HEARING: An Ordinance Establishing the S-HK Historic Kaufman House Special Area Zone; Amending Section 9.8865 of the Eugene Code, 1971; and Amending the Eugene Zoning Map Mayor Torrey stated that the matter was a quasi-judicial one and asked if councilors had conflicts of interest to disclose. Councilor Bettman disclosed that she had visited the site approximately one year ago and had visited with residents in the area. She did not feel this represented an actual conflict of interest. No other councilors indicated a conflict of interest. Mayor Torrey opened the public hearing. Terri Harding, 132 East Broadway, Suite 536, explained that she was representing the Facilities Management Division of the Central Services Department. She said the item before the council was the creation of a special area zone for the Kaufman Senior Center. She stated that no funding had been allocated by the City for programs for senior citizens at that location since 1998. She related that, since July 2003, the Emerald Empire Council on Aging had been operating senior programs at the Kaufman House. The City provided free rent and major maintenance funding for two years, as per a resolution MINUTES--Eugene City Council November 22, 2004 Page 14 Regular Meeting