CC Minutes - 11/27/06 Meeting - Laserfiche WebLink

Home Browse Search

Councilor Papé asked if there was time to act before Measure 39 took effect. Mr. Lidz replied that Measure 39 would take effect next week and in his opinion would not apply retroactively, although he was not certain how “retroactive” would be interpreted in terms of the offer process in a condemnation case. He did not think that Measure 39 would apply to the offers already made but would apply to any offers made after its effective date, particularly the requirement that the City pay attorney fees if the City made an offer that was less than the jury found the property to be worth after an eminent domain trial. Councilor Papé asked if Measure 39 could be avoided by an ordinance to condemn. Mr. Lidz said he did not think that would avoid Measure 39. Councilor Ortiz asked if the City had made market-value offers. Ms. Weiss replied that offers were based on property appraisals. Councilor Ortiz asked if staff had considered making higher offers to owners. Ms. Weiss said staff would entertain a counter-offer as long as it could be substantiated. Councilor Ortiz stressed the importance of acquiring land soon as suitable sites were disappearing as the area was subdivided and developed. She asked if there had been any contact with the Christianson family. Ms. Weiss said that a meeting had been scheduled. Councilor Poling expressed confusion about a memorandum dated October 30, 2006, from Parks and Open Space Director Johnny Medlin. He asked if the offer to purchase delivered to the Farver family was under the current zoning or future zoning if the City acquired the property and rezoned it. Mr. Medlin said the Farver parcel was outside of the urban growth boundary (UGB) and if the City acquired it there would not be a move to rezone it in the near future; the appraisal and offer were based on the current zoning. Councilor Poling asked if the MacClay parcel had been sold and the City was now working with a different owner. Mr. Medlin said there was a current dispute based on a purchase agreement between the MacClay family and Clyde Beat and staff was not clear about the outcome of that dispute. He said staff was working with both the MacClay family and Mr. Beat to make the City’s interest in purchasing the property known. Councilor Pryor commended staff for its “enormous” efforts to acquire park land in the Santa Clara area. He said the problem was finding a parcel with enough acreage to be suitable for a community park and finding contiguous parcels was even more difficult. He said the process was also going slowly because of the lack of willing sellers and he was appreciative of the work session to update the council. He thought the sites around Madison Middle School were ideal because of the school/park connection and neighbors in the area were helping the City work on the matter. Councilor Bettman asserted that there was no such thing as an unwilling seller; it was just a matter of price. She suggested that staff consider hiring a consultant to assertively negotiate purchase of property. She agreed with Councilor Pryor’s comments about the sites adjacent to Madison Middle School. City Manager Taylor remarked that the City had made its intention clear to all of the owners of parcels of interest and the conversations were ongoing. He remained optimistic that the willing seller approach was the preferred approach, Measure 39 notwithstanding, as it had worked well for the City in assembling park properties. He emphasized the need to confirm that the neighborhood also regarded the sites as suitable for a community park. MINUTES—Eugene City Council November 27, 2006 Page 12 Regular Meeting