CC Minutes - 01/28/08 Public Hearing

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M I N U T E S Eugene City Council Public Hearing Council Chamber 777 Pearl Street—Eugene, Oregon January 28, 2008 7:30 p.m. COUNCILORS PRESENT: Andrea Ortiz, Chris Pryor, Betty Taylor, Bonny Bettman, George Poling, Mike Clark, Alan Zelenka, Jennifer Solomon. Her Honor Mayor Kitty Piercy called the meeting of the Eugene City Council to order. She noted that due to weather conditions the sequence of items on the agenda had been revised. She asked Councilor Pryor to put the motion from the executive session on the floor. Councilor Pryor, seconded by Councilor Bettman, moved to direct the City Man- ager to proceed with direction from the City Council to accept the option as pre- sented. The motion passed unanimously, 8:0. 1. PUBLIC HEARING: Charles Wiper, Inc. Measure 37 Claim (M37 06-4) City Manager Angel Jones noted that staff would be responding to all questions in writing. She introduced Gabe Flock, Planning and Development Department, to provide the staff report. Mr. Flock said the public hearing on the Charles Wiper Measure 37 claim and action on February 11, 2008, were scheduled to comply with an order of the Lane County Circuit Court. He said the City believes that the recent passage of Measure 49 rendered the claimant’s lawsuit moot. Mr. Flock reviewed the history of the claim as set forth in the City Manager's report and recommendation. He said that the new State law (Measure 49) appeared to significantly limit the amount of development potential but the manager's recommendation was based on Measure 37 as it was in effect in May of last year. He said the claim demanded $3.5 million in compensation based on alleged reduction in the fair market value of the property due to various City regulations and in the alternative requested waiver of restrictive land use regulations dating back to original ownership of the property in 1929. He said staff had received numerous letters in support of the manager's recommendation to deny the claim and due to the short agenda and weather concerns the City would accept testimony until 5 p.m. on January 29, 2008. Mayor Piercy opened the public hearing and reviewed the rules for providing testimony. Michael M. Reeder, 800 Willamette Street, Suite 800, Eugene, attorney for the claimant, said that packets of materials with a January 28, 2008, cover letter had been hand delivered for the record and to insure inclusion of the appraisal in the original Measure 37 claim. He stated he was unaware of any evidence in the record that rebutted the appraisal and no legal authority was cited to support the conclusion that the claim was invalid. Referring to one of the five requirements for a Measure 37 claim, he said the report discussed the definition of a land use regulation and made a distinction without a difference. He said the MINUTES—Eugene City Council January 28, 2008 Page 1 Regular Meeting