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could be fixed later, she felt the council should determine a formula for a fee structure in the present. She indicated she would support the motion to table in order to provide staff the chance to come up with some options for fees. Councilor Meisner supported the motion to table. He concurred with Councilor Nathanson that some sort of fee schedule needed to be set forth. Councilor Meisner asked if a potential claimant could completely bypass the process, according to the language, file a claim and go to court. Mr. Klein replied that a property owner must file a claim with the 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 Pap~ 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 Pap~ 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 Pap~, 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. MINUTES--Eugene City Council November 22, 2004 Page 14 Regular Meeting