Item 2A: Approval of City Council Minutes

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Councilor Pryor said both sites appeared to be outside of City limits and the UGB and asked what legal authority the City had to condemn that property. Mr. Lidz said he would research the question. Councilor Ortiz was not certain she could support the motion as she preferred to see the City work with property owners to reach an equitable agreement that would foster better community relationships. She was concerned about the location outside of the UGB and while she understood Councilor Papé’s frustration she thought that ongoing negotiations would result in the right price for those parcels. Council Kelly said he would not support the motion if this was the first discussion of a community park in Santa Clara, but the process had been an ongoing challenge and the City had dealt with the property owners for some time, with the possible exception of Mr. Beat. He was not certain he would vote for an ordinance but did feel that indicating the potential of an eminent domain ordinance, which would still pay fair market value, could cause the property owners to be more willing to negotiate. He said the motion only brought the ordinance back for public hearing and by that time there could be clarification of the UGB question and further communications with the property owners. He would support the motion. Councilor Papé agreed with Councilor Kelly that directing the ordinance to be prepared did not mean the council would use it and that intent could possibly help with negotiations. He reminded the council that the Santa Clara area had been promised a community park in 1998 and it was now 2006. Councilor Poling said he interpreted the motion as a Plan B. Councilor Bettman said she intended to support the motion and the issue of Measure 39 further prompted her support as it brought balance to what she thought was a “jurisdiction-heavy” process. She was alarmed at the extent to which property owners outside of the UGB were holding out in anticipation of the UGB expansion as if that was assured. She looked forward to the public hearing and would support the motion. Councilor Pryor indicated he would support the motion with the clarification of the City’s jurisdiction in the matter and with the acknowledgement that condemnation was a nuclear option to be used very carefully. Roll call vote, the motion to direct the city manager to bring back an ordinance to use eminent domain passed, 8:0. Mayor Piercy referred to the earlier consideration of the TSMF and stressed how seriously she took the decision not to approve a fee. She was committed to expediting efforts to solve the problem of road repair. The meeting adjourned at 9:37 p.m. Respectfully submitted, Dennis M. Taylor City Manager (Recorded by Lynn Taylor) MINUTES—Eugene City Council November 27, 2006 Page 13 Regular Meeting