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Ms. Taylor asked if it was possible for a decision regarding the application to be postponed until <br />changes were made to the City Code. Mr. Klein replied that decisions on permits were required <br />to be made within 30 days of an application being submitted and that a postponement regarding <br />the Rest-Haven permit had been possible through the cooperation of the applicant. <br /> <br />Ms. Taylor suggested that the tree cutting permit application could be denied. Mr. Johnson said <br />a denial would be possible if the application did not meet the criteria of the code. Mr. Klein <br />added that denial of a permit without a basis for the denial could lead to appeal and litigation by <br />the applicant. <br /> <br />Ms. Taylor asked who was responsible for signing the Conditional Use Permit involved in the <br />development of the cemetery in question. Mr. Klein replied that such permits are approved by <br />the Planning Director or a senior planning staff member, based on a decision of a Hearings <br />Official. <br /> <br />Ms. Taylor asked if there were plans to save any of the trees proposed to be cut. Mr. Johnson <br />said the application would be dealt with in compliance with criteria contained in the City code, <br />seeking to balance its provisions with expressed community interests. <br /> <br />Ms. Nathanson said she was reminded of recent consideration given by the League of Oregon <br />Cities regarding proposals to shorten the time allowed for granting of permits. She said it had <br />been decided to oppose the proposals to allow for predictability and allow ample time for <br />development of full analysis of applications. Mr. Johnson stated that the tree cutting permit in <br />question was not subject to State statutes, which increased the legal risk to the City if the <br />application was denied without cause. <br /> <br />Ms. Taylor asked if the Conditional Use Permit granted for development of the cemetery could be <br />revoked. Mr. Klein replied that such a permit could be revoked by the Planning Director if <br />conditions of the permit were not met, not because of a change in policy after it had been <br />granted. <br /> <br />Ms. Taylor asked how development of a cemetery differed from that of a housing development. <br />Mr. Johnson replied that a response to Ms. Taylor's question would be researched and provided <br />in writing. Mr. Klein said that Planned Unit Development housing projects were exempted from <br />tree cutting permit requirements. <br /> <br />Mr. Lee said he believed that it was important for citizens to be fully informed of the processes <br />being followed in dealing with the Rest-Haven tree cutting permit application. <br /> <br /> 2. TCl AND AT&T MERGER/TRANSFER OF OWNERSHIP <br /> <br /> Mr. Fart moved, seconded by Mr. Tollenaar, to adopt Resolution 4580, as <br /> amended, a resolution consenting to AT&T acquiring control of TCI, subject <br /> to specific conditions. <br /> <br />Mr. Lee said that he had always been concerned about the merger of AT&T and <br />TeleCommunications, Inc. (TCI), because it was the responsibility of elected officials to ensure <br />that high quality services were provided to the public at minimum cost. He said he believed the <br /> <br />MINUTES-Eugene City Council December 9, 1998 Page 4 <br /> 11:30 a.m. Lunch Work Session <br /> <br /> <br />