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Staff was asked by the property owner what it would take to provide access to the speedway <br />facility for appraisal purposes at a minimum. He called the council's attention to a possible <br />adjustment in the line dividing the developable and protected portions of the site, which would <br />provide a wide enough area for a local street, referred to as Option 3B. Mr. Johnson added that <br />if negotiations broke down between the property owner and BLM for acquisition of a portion of <br />the site, there was a question about how the property could be accessed. Mr. Kelly expressed <br />concern that the issue was not raised within the public record period and the option had not been <br />analyzed. <br /> <br />Mr. Pap8 asked if the property owner had reviewed Option 3. Mr. Bj0rklund said that staff had not <br />talked to the property owner about the option, but had attempted to address the issues that the <br />owner raised. He said that the recommendation would avoid impacts on a federally listed plant. <br />Mr. Pap8 asked if the plants could be transplanted. Mr. Bj0rklund said that the answer was <br />probably yes, with permission from the regulatory agencies. From a botanical standpoint, the <br />partnership had no experience in moving the plant in question, Erigeron decumbens. He noted <br />that the proposed access was not wide enough for a street built to City standards. He noted the <br />speedway was not now in operation, but if it continued as a speedway, the access to West 11th <br />Avenue could still be used. <br /> <br />Mr. Rayor said that he would have a difficult time opposing the initial Planning Commission <br />recommendation because the entrance to 11th Avenue was within 600 feet of Willow Creek Road <br />and he doubted it could serve as a major access to the property in question. He could favor <br />enhancing the strip road for access, such as increasing access width, but was not moved by the <br />argument for the need to access West 11th Avenue. The proposal essentially destroyed wetlands <br />when the access could be located elsewhere. <br /> <br />Mr. Meisner was not interested in either Option 2 or Option "3B." He liked Option 1, the <br />commission recommendation. He agreed with Mr. Rayor that some access enhancement might <br />be acceptable. <br /> <br />Mr. Farr noted the close proximity of Beltline to the property in question. He found the area along <br />West 11th Avenue in question already highly congested. Mr. Farr said he believed strongly in <br />individual property rights, but he did not fully comprehend the reason for an access at that <br />particular location. He also noted that Willow Creek Road allowed access to the property for a <br />considerable distance. Mr. Farr said he was still uncertain about his position on the issue. <br /> <br />Responding to a question from Mr. Lee, Mr. Bj0rklund described the past development and use of <br />the property. He said that the area recommended for protection was the area that had never <br />been plowed. <br /> <br />Mayor Torrey asked what would occur if the City did not provide the desired access: was the City <br />at risk of devaluing the property? Mr. Klein said no; the City was regulating the property, which <br />could affect property values, but did not represent a regulatory taking if the City was not depriving <br />the property owner of all economic use of the property. He said that the lawyers for the <br />developers would argue the opposite; those lawyers had not been successful yet in making those <br />claims. <br /> <br />Mr. Kelly asked if the size of the street could be modified to accommodate the available space. <br />He suggested that staff examine that option if the council expressed support for Option 3B. Ms. <br />Childs said that the Local Street Plan required a minimum 55 feet of right-of-way for a public <br /> <br />MINUTES--Eugene City Council July 10, 2000 Page 7 <br /> Work Session <br /> <br /> <br />