HomeMy WebLinkAboutItem B: Charter Amendment on EminentDomain Process
ECC
UGENE ITY OUNCIL
AIS
GENDA TEM UMMARY
Work Session: Charter Amendment for Eminent Domain Procedures
Meeting Date: January 30, 2008 Agenda Item Number: B
Department: City Council Staff Contact: CAO/Glenn Klein
www.eugene-or.gov Contact Telephone Number: 682-5080
ISSUE STATEMENT
This is a work session to consider proposing an amendment to the Eugene Charter of 2002 to require an
affirmative vote of two-thirds of the members of the City Council in order to authorize the acquisition of
real property through eminent domain procedures.
BACKGROUND
This issue comes before the council at the request of Councilor Poling. The council currently authorizes
the use of eminent domain procedures in the acquisition of real property by adoption of a resolution or
ordinance. Councilor Poling has requested that a Charter Amendment be placed before the electors that
would require the resolution or ordinance be adopted by an affirmative vote of two-thirds of the
members of the council.
RELATED CITY POLICIES
Not applicable.
COUNCIL OPTIONS
1. Refer to the voters a charter amendment that would require an affirmative vote of two-thirds of the
members of the City Council to adopt a condemnation ordinance or resolution.
2. Schedule a public hearing and possible action on an ordinance (amending the Eugene Code) that
would require an affirmative vote of two-thirds of the members of the City Council to adopt a
condemnation ordinance or resolution.
3. Take no action.
CITY MANAGER’S RECOMMENDATION
This is exclusively a policy issue; the City Manager has no recommendation.
SUGGESTED MOTION
No motion is suggested: this is a work session only.
F:\CMO\2008 Council Agendas\M080130\S080130B.DOC
ATTACHMENTS
A. Memorandum from City Recorder outlining election timing information
FOR MORE INFORMATION
Staff Contact: Glenn Klein
Telephone: 682-5080
Staff E-Mail: glenn.klein@harrang.com
F:\CMO\2008 Council Agendas\M080130\S080130B.DOC
ATTACHMENT A
City Recorder’s Office
City of Eugene
777 Pearl Street, Room 105
M
Eugene, Oregon 97401-2793
EMORANDUM
(541) 682-5042
(541) 682-5414 FAX
www.eugene-or.gov
Date:
January 23, 2008
To:
Mayor Piercy and City Councilors
From:
Mary Feldman, City Recorder
Subject:
Potential Charter Amendment Election
This is to inform council of election deadlines to consider during the discussion of a potential
charter amendment relating to eminent domain at the January 30 meeting.
Should council decide to proceed with a referral to the May 20 Primary Election, the last day
council may approve a resolution calling an election would be February 18. Since that is a
holiday, action would need to be scheduled for the council meeting on either February 11 or
February 13.
Following council’s referral of legislation to the electors, Eugene Code allows the City Attorney
five business days to prepare a ballot title and deliver it to the City Recorder. The City Recorder
then arranges for publication of the title in the next available edition of the Register-Guard. An
elector dissatisfied with the ballot title has seven business days from the date it was delivered to
the City Recorder to file an appeal with Lane County Circuit Court.
The February 18 deadline has been established to allow for these processes and for a potential
Circuit Court hearing all to be completed in time for the March 20 deadline for the City Recorder
to file measures that are to appear on the ballot with Lane County Elections (61 days prior to the
election).
Please feel free to contact me at 682-8353 if you have questions about the election process and
timing issues.
May08 referral deadlines memo