Item 3: Wiper Inc. Measure 37 Claim

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ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Action: Charles Wiper, Inc. Measure 37 Claim (M37 06-4) Meeting Date: February 11, 2008 Agenda Item Number: 3 Department: Planning and Development Staff Contact: Gabe Flock www.eugene-or.gov Contact Telephone Number: 541/682-5697 ISSUE STATEMENT The council is scheduled to take action on the Measure 37 claim submitted by Charles Wiper, Inc. (M37 06-4). A Lane County Circuit Court order requires council action on this claim by February 11, 2008. BACKGROUND The City Council held a public hearing on this Measure 37 claim on January 28, 2008. Public testimony was received from the applicant’s representatives in support of the claim, and several neighboring residents in opposition to the claim. The council also agreed to extend the period of time for submittal of written testimony through February 4, 2008. Additional testimony received after the public hearing (but prior to close of the record) is attached for council consideration, as requested. Staff response to council questions asked at the public hearing, as well as response to written testimony submitted by the claimant’s representatives, is also attached. Background information, including the City Manager’s Report and Recommendation, was provided as part of the council packet for the previous public hearing. A copy of the Measure 37 claim, along with other documents and information related to the issues in the claim, including the August 31, 1995, Findings of Hearings Official for Rest-Haven Memorial Park (CU 95-2) and the 1998 Conditional Use Agreement between Charles Wiper III and the City of Eugene, may be found in a notebook that has been placed in the City Manager’s Office. In the interest of conserving paper, copies of the written testimony received by the council through the date of the public hearing on this matter, including the written testimony submitted by the claimant on the date of the public hearing, have not been attached to the AIS. Copies of written testimony are available in the City Manager’s Office. The claim file is also available for public inspection by contacting Gabe Flock, Senior Planner, at 682-5697. RELATED CITY POLICIES Ordinance No. 20331, concerning real property compensation, is related to this claim. COUNCIL OPTIONS By order of the Lane County Circuit Court, the council is required to adopt a resolution approving or denying the claimant’s Measure 37 claim, by February 11, 2008. F:\CMO\2008 Council Agendas\M080211\S0802113.DOC