04/09/1990 Meeting (2) - Laserfiche WebLink

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e e e maintained in a state that makes it a desirable residential environment, and that action be delayed 45 days. The motion died for lack of a second. Roll call vote; the motion passed 5:1, with Councilor Boles voting in opposition. At 8:53 p.m, the council recessed briefly. v. PUBLIC HEARING: COUNCIL DISCUSSION OF MANAGEMENT OF TREE CUTTING IN THE URBAN GROWTH BOUNDARY Commissioner Gaydos reviewed the recommendations of the Planning Commission, which included requiring mitigation for the tree cutting that has occurred, sending a letter to property owners in the area, and forwarding to the council a motion that the City work with the County to establish a mechanism for preserving trees and vegetation in the urban transition area. \ City Attorney Bill Gary described the legal problems associated with the regulation of tree cutting inside the urban growth boundary and outside the city limits. In his opinion, the State Forest Practices Act does apply in that area because the definition of forest lands is broad enough to encompass those within the UGB. Therefore, to conduct a logging operation (defined as both harvesting and clearing land for other development) on that land, notice must be given to the Department of Forestry, a 14-day comment period is then required, and if the operation is within certain specified resource areas (such as a riparian zone, a wetland, or watershed), a plan must also be submitted for review and approval prior to the logging. Mr. Gary concluded that the City might seek a judicial order to prevent any logging that is taking place in violation of the Forest Practices Act (FPA). Mr. Gary did not believe that home rule powers would create a problem in the application of the Forest Practices Act. That act establishes the floor of regulation and if the County enacts regulations with lesser restrictions, the FPA would prevail, but if the County's act were more restrictive, it would take precedence. Mr. Rutan expressed confidence that the County commissioners would act expeditiously on this matter and he hoped the council would address the situation during the interim. Mayor Miller opened the public hearing. Lawrence Bahn, 4525 Spring Boulevard, showed the council photographs of the logging operations in the area being discussed and encouraged the council to take action to assure preservation as mandated by the South Hills Study. Mike Burton, 1782 Sweetbriar Lane, urged the council to take an active role in helping the County adopt a tree ordinance applicable to areas within the urban growth boundary. MINUTES--Eugene City Council April 9, 1990 Page 7