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The Trees <br /> Mr. Hibschman says "a tree removal permit is not required by the <br /> municipal code for the removal of trees from public property." I <br /> disagree. Eugene Code Section 6.300 to 6.330 cover tree <br /> preservation. Section 6.305 (3) states "Notwithstanding <br /> subsections (1) and (2) and section 6.330(b) of this code, no <br /> person shall remove a street tree without first obtaining a <br /> permit from the city manager specifically authorizing the removal <br /> of a street tree." No distinction is made between private and <br /> public property. Furthermore, the project does not appear to fit <br /> any exception given at 6.330. The November 1, 1996 memorandum <br /> from the Urban Forester clearly relates the necessity of <br /> obtaining tree removal permits for this project. Additionally, <br /> the January 21, 1997 memorandum agreement for the removal of <br /> Heritage Trees (drafted by Mr. Farkas and approved by Ms. Norris) <br /> was clearly conditioned "3) Obtain a permit from the Urban <br /> Forester for removal of the non - heritage trees on the development <br /> site according to the process contained in the Eugene Code <br /> 6.320." <br /> As an aside, Section 6.320 does not give the permit procedure, <br /> rather it gives the criteria for approving or denying a permit. <br /> The procedure is given at 6.310. Section 6.310 (5) clearly <br /> states "if the applicant proposes to fell more than ten trees, <br /> then the city manager or designee shall act on the permit within <br /> 30 days of receiving a completed application, but only after <br /> giving public notice of the application and an opportunity to <br /> provide comments as provided in subsection (6) of this section. <br /> Subsection (6) clearly states "where public notice and a comment <br /> period is required before acting on an application, the city <br /> manager or designee shall identify abutting properties and others <br /> which are partly or wholly within 300 feet of the site on which <br /> the trees are to be felled. Written notice of the application <br /> shall be mailed by the city manager or designee to the owners and <br /> occupants of the identified properties, as well as to persons who <br /> have requested such notice. The notice shall provide that <br /> persons may submit written comments on the application as <br /> directed in the notice, for a period of 15 days from the date of <br /> the notice." <br /> It appears from Mr. Hibschman's letter that the Broadway Place <br /> project did not follow the permit process in Section 6.310 <br /> of the Eugene Code. Furthermore, no, public comment was solicited <br /> prior to authorizing the removal of heritage trees. If the <br /> information received so far is complete and correct, it still . <br /> appears that citizen efforts to comment on proposed tree removal <br /> at Broadway were intentionally thwarted. <br /> In closing, I think that there are many lessons to be learned <br /> from the Broadway Place project. First, Eugene must improve its <br /> project review process in regards to meaningful citizen <br /> participation, full project disclosure, and comprehensive <br /> environmental review. Attached is a copy of my written comments <br /> - 2 - <br />