02/16/1977 Meeting - Laserfiche WebLink

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.e e .e EXECUTIVE SESSION EUGENE CITY COUNCIL February 16, 1977 Present: Mayor Keller; Council members Haws, Hamel, Williams, Bradley, Lieuallen, Smith, and Oble; City Manager; Assistant City Manager; Stan Long, Gary Chenkin, Ed Smith, Joyce Benjamin, Walt Hanek, and Ann Baker In accordance with ORS 192.660, subsection (2)(d) and a unanimous vote of the Council, Mayor Keller opened the meeting. Manager said there were two items for Council consideration: (1) authorization of condemnation for land acquisition in the Bethel/Danebo area for park development; ~nd (2) Shade Oaks water litigation suit. I. Land Acquisition in Bethel/Danebo Area Mr. Ed Smith, Parks and Recreation Department, said the property was 12 acres listed as Priority III in the Bethel refinement plan, located off Royal past Candlelight, and the Department was seeking condemnation authority to acquire the property. The reason for recommending condemnation was that the present property owners, who are unwilling to sell, were requesting that procedure. The money was appropriated and is available from the 1972 bond issue designated for that area. Mayor Keller asked for a clarification of "condemnation", as he felt the word had a very negative connotation. He wondered, also, if a precedent would be set, and Other property owners would assume the City would follow condemnation procedures to allow tax advantages for them. Mr. Smith said that in almost every case the City faces for acquisition, there could be a tax advantage for the property owners in condemnation proceedings, and indicated there were many cases pending to come before Council. He said the tax issue will be much more complicated on many of these cases. Mr. Lieuallen asked if the City has to follow the request of property owners to con- demn property. Mr. Smith said these particular owners did not say so in so many words, and this was simply an assessment on the part of the Parks Department that they would be more willing to sell under condemnation procedures. Mr. Long, City Attorney's office, indicated he, and most attorneys, would advise property owners to hold out for condemnation procedures by the City in selling property to them, as the sellers then perhaps could profit from tax benefits or at least hold out for higher prices. Mayor Keller again reiterated a concern over the use of "condemnation" and that he would prefer to avoid making the City look like a "bad guy". Mr. Martain said it depends on what terms were used; that in the past, Council had authorized staff to "acquire property". Mr. Long said the terms, "exercise power of eminant domain" would avoid condemnation and the negative connotations of that term. Mr. Bradley expressed concern over the precedent set by the City, and was opposed to allowing condemnation if the purpose was to allow property owners to benefit from tax advantages. He felt it was morally wrong, and could be considered collusion on the part of the Council. Mr. Lieuallen said that was illegal, that there are laws prohibiting a City from engaging in activities which would benefit a person. 13/ .~~.~ --~~."