Item 4A: Approval of City Council Minutes

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Ms. Bettman thought it made more sense to have the professional appraisal backed up with the technical information. Ms. Taylor asked if the City had information about the appraisal on which the property owners were paying taxes. Mr. Klein said the tax assessor did not appraise property in the same way as an appraiser. Ms. Taylor suggested that the council could value the property at what it was valued by the County. Mr. Klein said that would not hold up in a court of law, which would be interested in the real market value of the property. Ms. Taylor asked if it made a difference if the council decided the highest and best use for the property was as open space. Mr. Klein said those factors were spelled out in the land use code. It did not matter what the council thought was the best use of the property, and it lacked the authority to say how the property could be used unless it acquired it or changed the code, zoning, or Eugene-Springfield Metropolitan Area General Plan (Metro Plan). The appraiser must consider the actual zoning and the condition of the property to establish its worth. Ms. Taylor asked if it was too late to rezone the property. Mr. Klein said the council would have to follow the established process for rezoning. The appraiser would look at current conditions. If a rezoning did occur, it must be consistent with the Metro Plan, so a Metro Plan amendment might be required. If the council attempted to rezone the property, he speculated that the property owner would submit another development application and, under State law, any application made before the rezoning would be governed by the criteria in place at the time of the application. Ms. Taylor asked if the amount paid for the property had an impact on the appraisal. Mr. Klein said that it was one thing that the appraiser would look at, and the appraiser was provided with that information. When the appraiser met the council, he would share his information about the appraisal and the council could ask that question then. Ms. Taylor determined from Mr. Klein that all the information provided in the land use process had been provided to the appraiser. Ms. Taylor asked if information about slides that happened elsewhere had been provided to the geotechnical engineer. Mr. Klein said that to the extent the engineer thought that relevant, they would consider it. Ms. Taylor asked what would happen if the geotechnical engineer hired by the City disagreed with the engineer hired by those supporting condemnation of the property. Mr. Klein said the appraiser would rely on information from the geotechnical engineer hired by the City. Part of the reason the drilling was necessary was because there were gaps in what all the experts did. That was why the Planning Commission concluded there was a lack of information to approve a development application. Ms. Taylor asked if the appraisal process would be different if the council voted for condemnation now. Mr. Klein said no. The first step after that decision was to secure an appraisal to back up any offer the City made for the properties. Ms. Taylor said she had requested a motion that stated the council would act no later than December 10, but Ms. Jones had assured her the motion was not necessary and the council would be able to act by that date. Mr. Clark asked how many Oregon municipalities had used condemnation since the passage of Ballot Measure 39. Mr. Klein did not know, but he believed that governments had continued to use condemnation. He said he could provide that information only after further research. Mr. Clark said his understanding of the measure was that it made it more difficult for cities to succeed with condemnation. Mr. Klein agreed. MINUTES—Eugene City Council October 22, 2007 Page 4 Work Session