09/26/1977 Meeting (2) - Laserfiche WebLink

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Ray Wiley, 2100 Shields., noted he had heard that the ordinance would not have prevented the clear cutting that occurred in the e west end of Shields, that the allowed five trees per lot would have been sufficient for the developer to have done what he indeed had done. He did not feel the neighborhood's concerns had been adequately addressed and recommended the ordinance be modified to be more restrictive in the number of trees, or sent back to the Planning Commission for further strength. Dewey Newman, 2040 Hawkins Lane, represented Hawkins Highlands Association. They requested some strengthening of the ordinance and felt the circumference of the trees should be defined as much smaller as 36 inches. Public hearing was closed, there being no further testimony presented. Mr. Obie requested clarification, noting the Planning Commission spoke in terms of a Joint Parks Committee and he seemed to remember there was a special Mayor's committee. He felt it better for the Mayor to appoint a committee that would have a more balanced member- ship with interested individuals with expertise. Mr. Long responded to Mr. Obie's earlier question regarding no tree removal prior to a building permit being issued. He said the approach is to regulate but not to prohibit tree cutting. He said this ordi- nance does not attempt to confiscate merchantable timber. If Council e wishes to address the question, then it would have to address it in a totally different approach as no words would fit into this approach, noting they would have to develop a new scheme. That approach would not be possible under the present ordinance. Mr. Obie said the present ordinance now allows five trees per lot per year and it seemed to him that if they allowed no trees per lot in any year until a building permit were issued, that change could be made. Mr. Long said he and his staff would want to do some very in-depth research before adopting the ordinance saying the person could not cut any tree. The City could face a claim of taking private property without just compensation. He said without making a full-scale reassessment, he would not want to expose the City to such a claim. Ms. Smith recollected in previous discussions that Mr. Saul had said limiting tree removal until after a building permit had been issued would be a very expensive procedure and felt if Council wished to go that way it needed much more information. Mr. Saul said he had told Council previously that in any event keying into a building permit simply shifts the time when the removal of trees would occur. To go beyond that point raises all sorts of - 9/26/77--11 13~