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amount. Ms. Nathanson asked how many land use applications were not actually acted upon due to <br />feasibility. Ms. Muir indicated she had no precise number but could confirm there were some such <br />applications. Ms. Nathanson was not entirely comfortable with the option given that fact. She suggested <br />that the option was not sufficiently inclusive in terms of boundaries; for example, what if an organization <br />was across the street? Mr. Klein suggested the council consider that issue in the future. Staff had already <br />started an interested parties list, and could examine other ways of doing the notice in the future. Ms. <br />Nathanson said she would have suggested language to the effect of"whose boundaries include or are <br />immediately adjacent to." <br /> <br />Mr. Pap6 asked if there would be a plat map on the Web site so people could see their properties in <br />relationship to the claim. City Manager Taylor was unsure how the page would link with the plat map at <br />this Point in time. Ms. Muir added that the Web page has no map on it at this time, although she <br />anticipated upgrades would be done in the future. The property's address would be listed at this time. <br /> <br />Mayor Torrey solicited additional council comments. <br /> <br />Ms. Bettman said the option was a low threshold and she did not think it would take much effort for the <br />City to send out an e-mail to the neighborhood organizations. It was her hope the neighborhood <br />organizations would work with residents who were potentially impacted. She pointed out that the <br />difference between the land use process and the Ballot Measure 37 claims process was that the latter <br />process was not dependent on a City decision, as the claimant could go directly to court. <br /> <br />Mr. Meisner supported Option 2 as a reasonable alternative. He asked Mr. Klein if a neighborhood <br />organization would have any standing once a claim went to court. Mr. Klein indicated he was unsure and <br />believed at this point it depended to some degree on how the claim got to court. The measure itself did <br />not speak to the issue. <br /> <br /> The motion passed unanimously, 8:0. <br /> <br />Mr. Klein reviewed possible changes to Section 2.080 related to fees. He first discussed what other <br />communities were doing, noting that some communities were proposing to charge a fee based on a <br />resolution adopted in the future. Other communities were requiring upfront deposits and, if that proved to <br />be inadequate, would require more to proceed or charge at the end of the process. Florence had imposed <br />a cap of $1,500 on the fee if the claimant submitted all information requested by the City. <br /> <br />Mr. Klein reviewed three options related to this section. He said that Option 1 was to leave the ordinance <br />as drafted; that is, to collect the actual costs of collecting a claim. Under Option 2, if the claimant <br />provides a deposit of $1,500 and submits all requested information, that amount is the fee, even if the cost <br />of processing the application exceeds that amount. If the claimant failed to provide all the information, <br />the $1,500 is the deposit toward the ultimate cost, which would be the lesser of the actual cost or $7,500 <br />plus the cost of an appraisal. He termed Option 3 the Crook County option, $1,500 or one percent of the <br />amount claimed for compensation, which ever is greater. He clarified that was the deposit, not the fee. In <br />Crook County, if the hearings official determined the amount of deposit inadequate to cover costs, he or <br />she could refuse to go forward until the municipality received the difference. <br /> <br /> Mr. Pap6, seconded by Ms. Solomon, moved to adopt Option 2. <br /> <br /> Mr. Pap6 wanted to have a limitation on what the City could charge for the claim applications. He liked <br /> Option 2, terming it fair and flexible. <br /> <br /> MINUTES--Eugene City Cotmcil November 24, 2004 Page 3 <br /> Work Session <br /> <br /> <br />