Item 6: Ordinance on Use of Eminent Domain for Property near Amazon Headwaters

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At the July 9 meeting, the council requested that when the condemnation ordinance came back for action, that the immediate effective date clause in the ordinance be deleted, and that language be added describing the importance of preserving the property. Discussion at the council’s October 22 work session also included a request by some councilors that the action be split into two ordinances, one for each property. Attachment A is a revised ordinance with the changes requested at the July 9 meeting, applicable to the Beverly property. Attachment B is an identical ordinance, except that it is applicable to the Green property. At the July 9 meeting, the council also asked for additional information. In response to that request, attached are several documents. Attachment C is a vicinity map that shows the location of the two properties. Attachment D is a copy of a May 11 memo from the City Attorney’s Office that provides an overview of the condemnation procedures. Attachment E is a copy of a May 3 memo from the Planning Division that describes the zoning and history of each of the properties. Attachment F is a copy of a May 4 memo from the Parks and Open Space Planning Manager that provides information from a “parks” perspective on the value of the two properties. Attachment G is a copy of an October 25 memo from the Finance Director that discusses potential funding sources for the purchase of the properties. Attachment H is a December 4 memo from the Finance Director that includes updated information about potential funding sources and the trade-offs that the council would have to make in using those resources for purchase of these properties. RELATED CITY POLICIES The Parks, Recreation and Open Space Project and Priority Plan was adopted by the City Council on ? May 22, 2006. A Parks, Athletic Fields and Open Space Bond Measure was passed by Eugene voters on November ? 7, 2006. COUNCIL OPTIONS 1.Direct the City Manager to (a) make offers on one or both properties based on recent information related to the fair market value of the property, and (b) bring back to the council whatever action is necessary to use the [ insert name of fund or funds] to pay for the acquisitions. 2.Adopt one or both of the condemnation ordinances and direct the City Manager to bring back to the council whatever action is necessary to use the [insert name of fund or funds] to pay for the acquisitions. 3.Direct the City Manager to bring back to the council more information about possible funding packages and trade-offs related to the use of certain funding sources for acquisition of one or both of the properties. 4.Take no action. CITY MANAGER’S RECOMMENDATION The City Manager recommends taking no further action on these ordinances at this time; however, the acquisition of these properties will continue, providing the owner(s) indicate a willingness to sell at land values consistent with our previous acquisitions along the ridgeline. The City Manager recommends delaying action because the cost of acquiring the properties would place a substantial burden on potential funding sources, thus limiting the City's ability to pursue other important projects or property F:\CMO\2007 Council Agendas\M071210\S0712106.doc