01/31/1974 Meeting - Laserfiche WebLink

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-,\ . Assistant Manager in response to question raised about ownership of the property from which Mr. Braatz was having trees removed said there was no information in that regard. With regard to question whether that cutting would have been prevented had the current ordinance been in effect, Assistant Manager said the ordinance merely would have re- quired that a permit be obtained. Whether it would have prevented what occurred was not known, only that a process would have been followed before issuance of a permit. Councilman Wood suggested that an opportunity be provided for interested persons in the City to examine the ordinance and present their evaluation before it was adopted. Councilman McDonald opposed the provision of the ordinance which would require a permit for cutting of any individual tree in the City. However, he felt something should be done to ensure cessation of cutting in the South Hills, still leaving the opportunity for proper development of properties, in that area. Councilman Hershner said his views were the same as he expressed previously in committee, and he felt Mr. Gleaves' stand valid with regard to indefensibility of the ordinance as now written. Mr. Hershner moved seconded by Mr. Keller to refer the ordinance back to the tree preservation subcommittee for consideration of testimony presented at this meeting. e Councilwoman Beal supported referral, hoping an ordinance would be returned at an early date. She regretted the appearance of legislating for an emergency but felt adoption of an ordinance was important to preserve the aesthetic qualities of the city. She thought too the individual property rights should be considered saying she was not sure but that the restrictions should only apply to vacant or undeveloped properties. In answer to questioning by Councilman Murray, it was explained that an ordinance con- taining the emergency clause (which provides that it becomes effective immediately upon passage) must have six affirmative vot~s. Without the emergency clause it could be adopted by majority vote. However, no 'ordinance can be adopted at the same meeting at which it is introduced without unanimous consent of all Council members present. Councilman Murray said he was not convinced there was no crlS1S now in view of recurring cutting in the South Hills but that he would go along with referral. Councilwoman Campbell recounted her efforts in trying to stop the tree cutting in the South Hills at the urging of residents of that area. She said she favored adoption of regulations which would promote preservation of trees in the city, but she had reserva- tions about restrictions on cutting of single trees on individual properties. She noted postponement of adoption was obvious and hoped that postponement would not pro- vide the opportunity for wholesale tree removal in anticipation of pending regulations. .' Councilman Hershner mentioned the agreement made previously that no further cutting would occur on Mr. Braatz,' property. He said the property owner has now made a state- ment to that effect in public meeting, so it was clear no more cutting was intended. He hoped the subcommittee would consider the idea of limiting cutting to a certain number of trees in one ownership rather than having the restrictions apply to every individual tree in the city. And he suggested there might be some merit in licensing people cutting trees for pay to help control cutting of trees on the basis of erroneous advice. Councilwoman Beal suggested inclusion of trees on parking strips in the restrictions. Councilman Williams asked that specific suggestions be submitted in writing to the sub- committee for its consideration when working on redraft of the ordinance. Vote was taken on the motion as stated. Motion carried unanimously. Councilman Williams congratulated the Council for its action, saying it would result in more prudent legislation than would have been adopted through hasty action. \, Upon motion duly made, seconded and carried, the meeting was adjourned. .,~~ - A. K. Martin Assistant City Manager 3~ . 1/31/74 - 3,