07/16/1975 Meeting - Laserfiche WebLink

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Councilman Keller said he didn't agree at all with the idea that expenditure of funds for appealing this decision had to be justified with a vote. He felt to tell those people who voted favorably on the Charter amendment to "go raise your own e funds" was practically unconstitutional. Mayor Anderson added that he thought if city funds were used to build some sort of beautiful landmark, something aesthet- ically pleasing, and the court ordered it removed, the city would go to any ends to preserve that particular effort if it had been authorized by the voters. He said that while he didn't share the'opinions of the Cross "preservationists" he did think the city was obligated to carry the "brunt of the battle" even to the extent of financing an appeal. Councilman Bradley said the issue was not so much whether the Cross should be taken down, it was probably whether a higher legal opinion should be sought. Vote was taken on the motion to consider appealing the court deci- sion if other parties seek use of the city's name and no city funds are involved. Motion defeated, Council members Murray, Beal, and Haws voting aye; Council members Keller, Bradley, Hamel, and Shirey voting no. Mr. Keller moved seconded by Mr. Hamel to independently and actively appeal the decision, or to join with other litigants and appeal, Corom whichever is "in the best interests of city funds." Motion carried, 7/9/75 Council members Keller, Bradley, Hamel, and Shirey voting aye; Council Approved members Murray, Beal, and Haws voting no. Council 7/14/75 Councilman Keller said he would like to pursue this issue to try to find an alternative in light of action at today's committee meeting (7/l6/75-not to re- consider action taken July 14). He had the impression, he said, that the Council e did not wish the matter dropped if Eugene Sand & Gravel failed to follow through. Assistant Manager said the Council procedurally still had the option of modifying the action taken in committee today.**But unless there was a motion by someone who had voted on the prevailing side, that action would be considered official. Councilwoman Beal said she thought it would have been clear that she was completely, without reservations, against any motion to reconsider. Councilman Bradley also considered the action previously taken final unless there was a motion to reconsider. Mr. Keller moved second by Mr. Williams to reconsider action previously II-A-l taken with regard to the Cross on Skinner Butte. Councilman Williams saw the question as one of whether the Eugene City Council was going to carry out the will of the voters or the Eugene Sand & Gravel Company was going to do it in view of the majority vote on the Charter amendment indicating the voters wanted the Cross to remain on the Butte. He felt it was the Council's re- sponsibility to participate. Councilman Keller agreed. Vote was taken on the motion to reconsider. Motion defeated - Council members Keller, Wi-Iiams, and Hamel voting aye; Council members Beal, Bradley, Haws, and Shirey voting no. ** See committe minutes July 16, 1975 in Council minutes of July 28, 1975. S Status Report, Tree Ordinance- Copies of the report prepared by the parks de- . . partment were previously distributed to Council members. Ed Smith, parks di- rector, reviewed functioning of the ordinance to date as covered by the report, noting intent of the ordinance was to prevent clear cutting. He cited the number of applications for permits, the number denied, and the general interest and co- operation generally in tree management practices. The major problem arising appeared to be that of disputes between adjoining property owners. Only one at this time has not been settled, he said, and could lead to prosecution. It in- _ L _ . h _ _ 4--0.5