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<br />EUGENE CITY COUNCIL <br />AGENDA ITEM SUMMARY <br /> <br />c <br /> <br />Action: Lane Plywood Measure 37 Claim for Compensation (M37 05-1) <br /> <br />Meeting Date: June 26, 2006 <br />Department: Planning and Development <br />www.eugene-or.gov <br /> <br />Agenda Item Number: 6 <br />Staff Contact: Lydia McKinney <br />Contact Telephone Number: 682-5485 <br /> <br />ISSUE STATEMENT <br />The Eugene City Council is scheduled to take action regarding the Measure 37 claim submitted by Lane <br />Plywood for the alleged reduction in fair market value to a number of lots located in Pioneer Resources <br />Business Park, located on the west side of Bertelsen Road, roughly bisected by 1st Avenue West. <br /> <br />BACKGROUND <br />On May 11,2006, the City Manager sent a memorandum to the council on Lane Plywood's Measure 37 <br />claim, together with the manager's report and recommendation. On June 12,2006, the City Council <br />held a public hearing for this request. At that hearing, the applicant's representative, Donald Joe Willis, <br />provided testimony in favor of approval of the Lane Plywood Measure 37 claim. A letter of testimony <br />from Mr. Willis dated June 12, 2006, was entered into the record at the public hearing. Prior and <br />subsequent to the public hearing, the council also has received written and oral advice from the City <br />Attorney's Office. <br /> <br />A copy of the original Measure 37 claim and the amended Measure 37 claim, along with other non- <br />privileged documents and information related to the issues in the Measure 37 claim, are contained in a <br />notebook that has been placed in the Council Office. A copy of that notebook is also available for <br />public inspection by contacting Lydia McKinney. <br /> <br />RELATED CITY POLICIES <br />Ordinance No. 20331, concerning real property compensation, is related to this claim. <br /> <br />COUNCIL OPTIONS <br />The council may: <br /> <br />(1) Deny the claim in its entirety. Attached as Attachment A is a draft decision denying the claim. <br />Attachment A is a revised version of the City Manager's report that had been attached to the AIS for <br />the June 12 public hearing. As noted previously, the basis for a total denial of the claim would be <br />the lack of enforcement and the existence of a provision in the CC&R's that incorporates all existing <br />federal, state and local laws. In its letter submitted as part of the June 12 public hearing, Lane <br /> <br />LICMOl2006 Council Agendas1M0606261S0606266.doc <br />