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<br />Mr. Zelenka said he had always favored negotiating with willing sellers and the use of condemnation as a <br />last resort. He asked who would conduct the drilling, and when. Mr. Klein said his office had that <br />information. He said that one of the difficulties with the process was that what he said in public session was <br />known by the property owners, and the more he said, the more disadvantaged the City would be in its <br />negotiations. He said he could provide a confidential memorandum providing more detail. <br /> <br />Mr. Zelenka asked if appraisals “went stale.” Mr. Klein said yes. The time that took depended on the <br />appraiser one spoke to. The City’s appraiser indicated there was no need for concern about that in this case, <br />given that the council planned to take action in December. <br /> <br />Mr. Zelenka said his inclusion in the text about low, medium, and high levels of development intensity was <br />intended to provide the council with a range that might be considered by the jury as representative of the <br />value of the property. <br /> <br />Mr. Zelenka asked why the council was not provided with information about the limit regarding what was <br />available from the parks bond measure. Mr. Klein said that bond counsel indicated the answer was <br />complicated, and they recommended that the council wait to see if it really needed it. The council could not <br />use it all, but there was a substantial amount, about $7 to $8 million, that could be used to buy the property. <br /> <br />Mr. Zelenka asked when the council would receive information about what other sources of funds might be <br />available to purchase the property. City Manager pro tem Jones said staff would provide that information to <br />the council. <br /> <br />Mr. Zelenka repeated Ms. Taylor’s question about whether the time line gave the council sufficient time to <br />act. City Manager pro tem Jones said yes, staff could schedule the item, but the question was whether the <br />council would have sufficient information to act upon at that time. It was staff’s goal to have that <br />information to the council in the time frame proposed. If the information was not available then, it would be <br />rescheduled for the first available meeting date, and she would inform the council of that fact. <br /> <br />Mayor Piercy recalled a condemnation action in Springfield that involved no controversy, and suggested that <br />staff check into how that occurred. <br /> <br />Responding to a question from Mayor Piercy, Mr. Klein said staff would get any Lidar information provided <br />by the neighborhood group to the geotechnical engineer. <br /> <br />Mayor Piercy asked about the potential of separating action on the two properties. Mr. Klein did not think <br />there was a problem with creating two different ordinances, noting there was a potential that the appraisals <br />could result in different council actions. That did not have to involve more public hearings given that it <br />would merely be a division of the motion and ordinance <br /> <br />Mayor Piercy asked if the City could back out of a condemnation process once it had begun. Mr. Klein said <br />yes, but the council would have to pay the property owners’ attorneys fees. <br /> <br />Mr. Poling asked if the appraisal would involve consideration of appraisals done on other properties in the <br />area. Mr. Klein indicated that information was considered private information. Mr. Poling asked if the <br />council could have that information. Mr. Klein said he would attempt to secure it. <br /> <br /> <br /> <br />MINUTES—Eugene City Council October 22, 2007 Page 6 <br /> Work Session <br /> <br />