Item B: Ordinance Concerning Eminent Domain/Two Parcles Adjacent to Madison Middle School

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ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Work Session: Ordinance Concerning Eminent Domain - Two Parcels Adjacent to Madison Middle School for Community Park Purposes Meeting Date: April 9, 2007 Agenda Item Number: B Department: Public Works Staff Contact: Johnny Medlin www.eugene-or.gov Contact Telephone Number: 682-4930 ISSUE STATEMENT The purpose of this work session is to respond to a City Council request to consider an ordinance authorizing the use of eminent domain on two properties adjacent to Madison Middle School for community park purposes in Santa Clara. A draft ordinance has been drafted and is included as Attachment A. BACKGROUND Resulting from a series of acquisitions funded by the 1998 Parks and Open Space bond, significant gains have been made in providing neighborhood parks in the Santa Clara area. Since 1999, a total of six (6) neighborhood park sites have been purchased in River Road/ Santa Clara. The 1998 bond also included funding for a community park in Santa Clara. $900,000 of the funding is still designated for this purpose and is supplemented by an additional $2,000,000 from the 2006 Parks and Open Space bond. In pursuit of this community park acquisition, letters of interest have been sent to 24 property owners in the Santa Clara area (see Attachment B), and verbal contact has been made with those whose phone contact information was available. Staff has focused efforts on the two properties which are of most interest by presenting purchase offers for each parcel (see Attachment C). These are the largest parcels that are adjacent to Madison Middle School, including an 8.5-acre parcel to the north of the school (site A) and a 16-acre parcel to the east of the school (site B). Offers to purchase each of these properties have been delivered to the respective property owners and are based on market appraisals. The owners of Site A believe they have a valid Measure 37 claim. Current deliberations taking place in the state legislature regarding Measure 37 may have a significant impact on these types of claims. Additionally, the legal ownership of site B is being disputed and both parties have obtained legal counsel. Both of these issues make it highly unlikely that either property is at a point to be ready for acquisition. RELATED CITY POLICIES PROS Comprehensive Plan adopted by the City Council on February 13, 2006 ? PROS Project and Priority Plan adopted by the council on May 22, 2006 ? Parks and Open Space Bond Measure passed by Eugene voters on November 7, 2006 ? L:\CMO\2007 Council Agendas\M070409\S070409B.doc