CC Minutes - 12/10/07 Meeting - Laserfiche WebLink

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Councilor Zelenka, seconded by Councilor Ortiz, moved to postpone the discussion on the use of eminent domain to the Amazon headwaters, to give sufficient time for negotiation to be pursued completely, until the City Council’s first meeting in June, 2008. At that time should parties not be in agreement on the preservation of the properties, the council will authorize the institution of proceedings of eminent do- main to acquire the Beverly and Green properties. Councilor Taylor, seconded by Councilor Bettman, moved to substitute a motion that the City Council adopt Council Bill 4945 and Council Bill 4962, ordinances au- thorizing proceedings of eminent domain on the Beverly and Green properties. Councilor Taylor felt the council had delayed “far too long already.” She averred that negotiations could take place, and should take place, after the ordinance was passed. She said the procedure for eminent domain included negotiations and appraisals and sufficient waiting periods. She intended to make a subsequent motion that would set the dates of April 17 as a deadline for negotiations to be completed and May 27 as a deadline to file the condemnation action should a purchase agreement not be signed. Councilor Clark expressed appreciation for all of the public testimony. He was interested in finding a third way to protect the properties. He was concerned that though there had been good discussion and input about what the appraised value of the properties should be, the council had a definite appraised value of the properties. He said the important thing to remember in a condem- nation proceeding was that the only people who would decide the actual value that the City must pay for those properties would be the 12 members of the jury. He had been under the impression that the council needed clarification on what the sources for funds would be to purchase the properties if this was the action it would take at the present meeting City Manager Jones explained that the council would need clarification on the sources of funds if the council proceeded with any condemnation. Councilor Clark attributed the reason that some bond items failed in his ward to this type of action. He said it was an issue of trust. He pointed to the document that had been put out when the City had passed the Parks and Open Space Bond and underscored that it delineated specific amounts of money for the specific places it would be spent and listed a map that showed those specific locations. While he was interested in protecting the property he was not interested in spending all of the bond money on it. He was concerned that a jury would decide that the properties would cost the City “tens of millions of dollars” at a time that the City needed to invest in road work and public safety. He stressed that the council needed to rebuild the trust of the citizens of Eugene before engaging in this condemnation proceeding. Councilor Ortiz agreed that the council needed to find a third way to acquire the properties. She believed that eminent domain was a strong tool. She intended to support the original motion as she wanted to make sure that if the City would take that much money out the General Fund to buy park land it was because there was no other way to do it. MINUTES—Eugene City Council December 10, 2007 Page 21 Regular Meeting