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B. WORK SESSION: ACQUISITION OF BEVERLY/GREEN PROPERTIES <br /> <br /> <br />City Manager pro tem Angel Jones deferred to City Attorney Glenn Klein. Mr. Klein referred the council to <br />the Agenda Item Summary (AIS) and reviewed its contents. The AIS provided an overview of the appraisal <br />process. He anticipated the council would be able to act on the acquisition after the geotechnical drilling on <br />the properties occurred; the council vote was scheduled for December 10, 2007. <br /> <br />Mr. Klein said the length of time that the appraisal took would depend on how long it took to secure the <br />information that was now lacking, such as how much density the properties could contain. <br /> <br />Mayor Piercy solicited council comments and questions. <br /> <br />Ms. Bettman did not think the council had used the term “density” in its motion. Mr. Klein said that the <br />council used development intensity at low, medium, and high levels. Ms. Bettman said that when the council <br />gave that direction, it had not been pursuing such a specific property appraisal. She asked if it was <br />necessary to have a range if the City was going to have a definitive appraisal. Mr. Klein interpreted the <br />council’s direction as requesting the value range with the appraiser’s opinion of what the value of the <br />property actually was. The appraiser had to establish the density on the property to do so. He said the <br />council did not legally need that information, but it might want to have it. <br /> <br />Ms. Bettman thought it made more sense to have the professional appraisal backed up with the technical <br />information. <br /> <br />Ms. Taylor asked if the City had information about the appraisal on which the property owners were paying <br />taxes. Mr. Klein said the tax assessor did not appraise property in the same way as an appraiser. Ms. <br />Taylor suggested that the council could value the property at what it was valued by the County. Mr. Klein <br />said that would not hold up in a court of law, which would be interested in the real market value of the <br />property. <br /> <br />Ms. Taylor asked if it made a difference if the council decided the highest and best use for the property was <br />as open space. Mr. Klein said those factors were spelled out in the land use code. It did not matter what the <br />council thought was the best use of the property, and it lacked the authority to say how the property could be <br />used unless it acquired it or changed the code, zoning, or Eugene-Springfield Metropolitan Area General <br />Plan (Metro Plan). The appraiser must consider the actual zoning and the condition of the property to <br />establish its worth. <br /> <br />Ms. Taylor asked if it was too late to rezone the property. Mr. Klein said the council would have to follow <br />the established process for rezoning. The appraiser would look at current conditions. If a rezoning did <br />occur, it must be consistent with the Metro Plan, so a Metro Plan amendment might be required. If the <br />council attempted to rezone the property, he speculated that the property owner would submit another <br />development application and, under State law, any application made before the rezoning would be governed <br />by the criteria in place at the time of the application. Ms. Taylor asked if the amount paid for the property <br />had an impact on the appraisal. Mr. Klein said that it was one thing that the appraiser would look at, and <br />the appraiser was provided with that information. When the appraiser met the council, he would share his <br />information about the appraisal and the council could ask that question then. <br /> <br />Ms. Taylor determined from Mr. Klein that all the information provided in the land use process had been <br />provided to the appraiser. Ms. Taylor asked if information about slides that happened elsewhere had been <br /> <br /> <br />MINUTES—Eugene City Council October 22, 2007 Page 4 <br /> Work Session <br /> <br />