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