03/04/1992 Meeting - Laserfiche WebLink

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- e e an argument on a "takings clause" case and a new law will be enacted. Under the current state of the law and even the position being advanced by the property owner, designating a tree a heritage tree will not constitute a taking. A regulation that leaves a property owner with no useful use of property constitutes a taking. Mr. Robinette noted that the adopted policy is subject to the cost implica- tions of Eugene Decisions, and may not be implemented. Responding to a question from Mr. Green, City Manager Mike Gleason said costs will vary depending on how the council directs staff to draft the ordinance. The more the community is involved, the more expensive the public process. The extent of the regulations implemented are also a function of the costs involved. Mr. Boles reminded the council that the issue is before it because the City experienced unacceptable acts with respect to large-scale cutting prior to annexation, and the cutting of heritage trees in conjunction with develop- ment. Mr. Rutan said it was incumbent upon the council to pay close attention to the input given by the public in the Eugene Decisions process. He felt it was possible to accomplish the desired goal of retaining the tree inventory within the "encourage II language without having another layer of requirements. Responding to a question from Mayor Miller, Mr. Hammitt said that offering the option of a buyout to a property owner who is impacted by strict require- ments is a costly option. In response to a question from Mr. MacDonald, Mr. Hammitt said that the cost to Public Works ($75/$50,000) listed on page 6, paragraph 6, of the staff memo, is built around the educational component of the plan. It could be phased over several years, or done with volunteers. The "encourage" language adds costs to the educational component. Ms. Bascom said it is important to note that Policy 12.2 has not received any support, but has significant costs. Mr. Boles said he hopes that council will consider, and possibly come to consensus on before the public hearing, that regardless of what the council's decision is, it expects staff to write the ordinance in a timely manner. He said he was not interested in the same kind of debacle that the council has just gone through in the last two years in extending it past the deadline for the County's moratorium to sunset. He felt it could not be done without a good response from staff. III. WORK SESSION: SAFE SCHOOLS PROGRAM Dave Whitlow, Department of Public Safety (DPS), introduced Elton Sorenson, Churchill High School Principal; Judy Moseley, 4J School Board Chair; Barbara MINUTES--Eugene City Council 11:30 a.m. March 4, 1992 Page 5