HomeMy WebLinkAboutItem 6: Ordinance on Use of Eminent Domain for Property near Amazon Headwaters
ECC
UGENE ITY OUNCIL
AIS
GENDA TEM UMMARY
Action: An Ordinance Authorizing the Institution of Proceedings in Eminent Domain for
the Acquisition by Condemnation of Property for Park and Open Space Land near the
Amazon Creek Headwaters in South Eugene
Meeting Date: December 10, 2007 Agenda Item Number: 6
Department: City Attorney’s Office Staff Contact: Glenn Klein
www.eugene-or.gov Contact Telephone Number: 682-5080
ISSUE STATEMENT
This item is before the City Council for action regarding the possible acquisition, by condemnation if
necessary, of the Beverly and Green properties.
BACKGROUND
In response to prior council direction, a public hearing was held on May 21, 2007, on an ordinance
authorizing the use of eminent domain for acquisition of the two parcels in South Eugene. Action was
scheduled to occur on July 9, 2007.
On July 9, the council did not act on the ordinance, but instead, passed a motion that directed the City
Manager to: a) obtain appraisals for the Beverly and Green properties based on low, medium, and high
levels of development intensity, and to contract with whatever other consultants (besides the appraiser)
are needed to develop the information that the appraiser needs for his or her appraisal; b) schedule a
work session to bring back information related to the property, eminent domain and potential sources of
money for the acquisitions; c) bring back the condemnation ordinance after the work session(s) with
certain changes spelled out in the motion; and d) report back to the council after the City has contracted
with the consultants about when the work session(s) can be held. The motion further directed that the
sequence of action was first, bring back the appraisals; second, hold the work session (including
executive session); and third, bring back the revised ordinance. A friendly amendment to the motion
also stated that the work session should be held in October.
A work session was held on October 22, 2007. As part of the materials and discussion for that work
session, staff updated the council on the status of the preparation of analyses from the experts retained
by the City, including the appraiser and the soils engineers. In addition, staff informed the council that
some funds from the 2006 Parks, Athletic Fields and Open Space bonds could be used for acquisition of
one or both of these parcels, and also addressed the question related to the possibility of personal
liability if the source of funds was later determined to be an improper source. With respect to that latter
issue, the October 22 Agenda Item Summary stated that the City Attorney’s Office concluded that
councilors would not be personally liable should the council decide to use the bond proceeds and a court
later determined that the bond proceeds should not have been used.
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At the July 9 meeting, the council requested that when the condemnation ordinance came back for
action, that the immediate effective date clause in the ordinance be deleted, and that language be added
describing the importance of preserving the property. Discussion at the council’s October 22 work
session also included a request by some councilors that the action be split into two ordinances, one for
each property. Attachment A is a revised ordinance with the changes requested at the July 9 meeting,
applicable to the Beverly property. Attachment B is an identical ordinance, except that it is applicable to
the Green property.
At the July 9 meeting, the council also asked for additional information. In response to that request,
attached are several documents. Attachment C is a vicinity map that shows the location of the two
properties. Attachment D is a copy of a May 11 memo from the City Attorney’s Office that provides an
overview of the condemnation procedures. Attachment E is a copy of a May 3 memo from the Planning
Division that describes the zoning and history of each of the properties. Attachment F is a copy of a
May 4 memo from the Parks and Open Space Planning Manager that provides information from a
“parks” perspective on the value of the two properties. Attachment G is a copy of an October 25 memo
from the Finance Director that discusses potential funding sources for the purchase of the properties.
Attachment H is a December 4 memo from the Finance Director that includes updated information about
potential funding sources and the trade-offs that the council would have to make in using those resources
for purchase of these properties.
RELATED CITY POLICIES
The Parks, Recreation and Open Space Project and Priority Plan was adopted by the City Council on
?
May 22, 2006.
A Parks, Athletic Fields and Open Space Bond Measure was passed by Eugene voters on November
?
7, 2006.
COUNCIL OPTIONS
1.Direct the City Manager to (a) make offers on one or both properties based on recent information
related to the fair market value of the property, and (b) bring back to the council whatever action is
necessary to use the [ insert name of fund or funds] to pay for the acquisitions.
2.Adopt one or both of the condemnation ordinances and direct the City Manager to bring back to the
council whatever action is necessary to use the [insert name of fund or funds] to pay for the
acquisitions.
3.Direct the City Manager to bring back to the council more information about possible funding
packages and trade-offs related to the use of certain funding sources for acquisition of one or both of
the properties.
4.Take no action.
CITY MANAGER’S RECOMMENDATION
The City Manager recommends taking no further action on these ordinances at this time; however, the
acquisition of these properties will continue, providing the owner(s) indicate a willingness to sell at land
values consistent with our previous acquisitions along the ridgeline. The City Manager recommends
delaying action because the cost of acquiring the properties would place a substantial burden on
potential funding sources, thus limiting the City's ability to pursue other important projects or property
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acquisitions that have been prioritized through public process. The funding identified for projects of this
type is not sufficient to cover the appraised value. Further, it is not in the City's best interest to allocate
large amounts of discretionary funding at a time when there are issues of trust between the City and the
public. The City's first commitment should be addressing other identified priorities such as street
maintenance. Moving ahead with the ordinances now would expose the City to litigation costs with an
uncertain outcome limiting the ability to pursue other park property acquisitions.
SUGGESTED MOTION
Move to take no further action at this time.
ATTACHMENTS
A.Ordinance authorizing condemnation of Beverly property
B.Ordinance authorizing condemnation of Green property
C.Vicinity map showing location of Deerbrook PUD (Beverly) and Green Valley Glen PUD (Green)
D.Memo dated May 9, 2007, from City Attorney: An Overview of Condemnation Procedures and
Statutory Authorization to Acquire Property for City Parks
E.Memo dated May 3, 2007, from Planning and Development Department regarding the zoning,
history of land use applications, and conditions of the Green and Beverly properties
F.Memo dated May 4, 2007, from the Parks and Open Space Division providing information regarding
the “park values” represented by these properties
G.Memo dated October 25, 2007, from the Finance Director regarding potential funding sources for
purchase of Beverly and Green properties
H.Memo dated December 4, 2007 from the Finance Director providing estimated balances of potential
funding sources
FOR MORE INFORMATION
Staff Contact: Glenn Klein
Telephone: 682-5080
Staff E-Mail: glenn.klein@harrang.com
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