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HomeMy WebLinkAboutCC Minutes - 01/28/08 Public Hearing M I N U T E S Eugene City Council Public Hearing Council Chamber 777 Pearl Street—Eugene, Oregon January 28, 2008 7:30 p.m. COUNCILORS PRESENT: Andrea Ortiz, Chris Pryor, Betty Taylor, Bonny Bettman, George Poling, Mike Clark, Alan Zelenka, Jennifer Solomon. Her Honor Mayor Kitty Piercy called the meeting of the Eugene City Council to order. She noted that due to weather conditions the sequence of items on the agenda had been revised. She asked Councilor Pryor to put the motion from the executive session on the floor. Councilor Pryor, seconded by Councilor Bettman, moved to direct the City Man- ager to proceed with direction from the City Council to accept the option as pre- sented. The motion passed unanimously, 8:0. 1. PUBLIC HEARING: Charles Wiper, Inc. Measure 37 Claim (M37 06-4) City Manager Angel Jones noted that staff would be responding to all questions in writing. She introduced Gabe Flock, Planning and Development Department, to provide the staff report. Mr. Flock said the public hearing on the Charles Wiper Measure 37 claim and action on February 11, 2008, were scheduled to comply with an order of the Lane County Circuit Court. He said the City believes that the recent passage of Measure 49 rendered the claimant’s lawsuit moot. Mr. Flock reviewed the history of the claim as set forth in the City Manager's report and recommendation. He said that the new State law (Measure 49) appeared to significantly limit the amount of development potential but the manager's recommendation was based on Measure 37 as it was in effect in May of last year. He said the claim demanded $3.5 million in compensation based on alleged reduction in the fair market value of the property due to various City regulations and in the alternative requested waiver of restrictive land use regulations dating back to original ownership of the property in 1929. He said staff had received numerous letters in support of the manager's recommendation to deny the claim and due to the short agenda and weather concerns the City would accept testimony until 5 p.m. on January 29, 2008. Mayor Piercy opened the public hearing and reviewed the rules for providing testimony. Michael M. Reeder, 800 Willamette Street, Suite 800, Eugene, attorney for the claimant, said that packets of materials with a January 28, 2008, cover letter had been hand delivered for the record and to insure inclusion of the appraisal in the original Measure 37 claim. He stated he was unaware of any evidence in the record that rebutted the appraisal and no legal authority was cited to support the conclusion that the claim was invalid. Referring to one of the five requirements for a Measure 37 claim, he said the report discussed the definition of a land use regulation and made a distinction without a difference. He said the MINUTES—Eugene City Council January 28, 2008 Page 1 Regular Meeting recommendation indicated that to the extent that there were land use regulations identified which were not regulations as defined by Measure 37, the claim was invalid. He said Eugene Code Chapter 9 was a land use regulation for purposes of ORS 197.352 and the City had enforced land use regulations. He said the waiver of certain land use regulations would increase the fair market value of the property and the claim was therefore valid. Allison Hassler, 4183 Brae Burn Drive, Eugene, said her property was adjacent to the Rest Haven property at issue in the claim. She supported the City Manager's recommendation. She said from a legal perspective the restriction the claimant asserted diminished his property value was not a land use regulation under Measure 37; it was a voluntary dedication to cemetery use in 1929. She was concerned about the potential affects on the neighborhood if the claim was approved. She said the neighborhood was stable with many long-term residents. She said she paid a premium price for her property based on assurance that the subject property was dedicated to cemetery use. She also relied on that dedication when she buried her mother there. She was also concerned for the serenity of the cemetery and trusted that the council would consider the interests of all the citizens of Eugene and accept the manager's recommendation. Douglas White, 391 Brae Burn Drive, Eugene, said he had previously submitted two letters for the record. He said the claimant had not identified specific provisions within the Eugene Code, plans or conditional use permit that gave rise to the claim. He wondered how the intended development would encroach upon the memories of people in the neighborhood who had buried friends and relatives in the cemetery. He said he also had purchased his property based on assurance that the property would remain a cemetery and supported the manager's recommendation. Thomas L. W. Roe, 4207 Brae Burn Drive, Eugene, spoke in support of the City Manager's recommenda- tion with respect to the Wiper Measure 37 claim. He said he had lived on Brae Burn Drive since 1969 and other than expressing concern about lack of good stewardship, the undeveloped cemetery had been a good neighbor. He said that changed in 2002 when a majority of property owners bordering the cemetery opposed Mr. Wipers' application for a controlled-income and rental housing project on cemetery property. He said the application was denied and the project terminated. He said the neighbors were now involved in opposing the Measure 37 claim and strongly supported the Planning Commission and City Manager's recommenda- tions for denial. John Sihler, 4235 Brae Burn Drive, Eugene, pointed out the many letters from neighbors describing in detail how the subject property owners had promised several years ago that the cemetery would remain forever with a 75-foot buffer around it if the neighbors would not oppose logging on the site. He said there were many reasons to deny the claim, including the fact that the original dedication as a cemetery in 1929 was voluntary for a business purpose, not imposed. He said the appraisal ignored the fact that the present value of the cemetery was as a business. He emphasized that a neighborhood community was based on mutual respect and trust. Aaron Noteboom, 800 Willamette Street, Suite 800, Eugene, representing the claimant, disputed the suggestion that the Measure 37 claim was not valid because it did not cite specific land use regulations and how each regulation reduced the fair market value. He said that was not a requirement of Measure 37 and the City had set a precedent on a previous waiver granted to Lane Plywood. He said it was true the property was dedicated as a cemetery in 1929, but the claimant had the right to have that dedication removed by ORS 97.440. He said the portion of the property from which the dedication would be removed had not been used for the interment of human remains. He asserted that the appraisal was done by qualified appraisers who had been used by the City in the past, although the City could hire its own appraiser to rebut the informa- MINUTES—Eugene City Council January 28, 2008 Page 2 Regular Meeting tion. He said the claimant had demonstrated that restrictions on use of the property had resulted in reduction of the fair market value. Mayor Piercy closed the hearing and thanked those who spoke. Councilor Poling thanked those who had ventured out in inclement weather. Councilor Poling, seconded by Mr. Clark, moved to leave the record open until 5 p.m. on February 4, 2008. The motion passed, 6:2; councilors Bettman and Taylor voting in opposition. Councilor Clark asked for clarification about the payment of premium prices for property in the neighbor- hood. He asked how the property was zoned and designated currently. Mr. Flock said the property was designated for parks and open space use with roughly one-third zoned Public Land and two-third zoned R-1, Low Density Residential. Councilor Bettman questioned the idea that the entire code provided a land use regulation instead of specifying specific regulations and identifying those that affected the property's value. She said her father was buried in the cemetery and wondered what kind of commitment the cemetery had made to people who had buried their loved ones there. She asked if there was a contractual agreement that provided some level of certainty to those people. Councilor Taylor commented that people paid more for property when there was nearby open space and the nature of adjoining properties. She said people who had moved there had a right to expect the neighborhood to remain unchanged and people should be able to bury loved ones with the certainty the cemetery would remain. She regretted that the record would remain open for an additional period of time. 2. COMMITTEE REPORTS AND ITEMS OF INTEREST FROM MAYOR, CITY COUN- CIL AND CITY MANAGER Councilor Taylor, seconded by Councilor Bettman, moved to direct the City Man- ager to refrain from making any commitment that would jeopardize the City's abil- ity to fund acquisition of the Beverly and Green properties. Mr. Clark said he understood the intent of the motion, but was concerned that actions currently under way might jeopardize funding for acquisition of the parcels in question. He did not want to stop work currently in progress, particularly pertaining to a Santa Clara community park, and would not support the motion. Councilor Solomon, seconded by Councilor Poling, moved to table the motion. The motion passed, 5:3; councilors Ortiz, Bettman, and Taylor voting in opposition. 3. CONSENT CALENDAR A. Approval of City Council Minutes of the November 21, 2007, Work Session; December 3, 2007, Work Session; and December 12, 2007, Work Session B. Approval of Tentative Working Agenda MINUTES—Eugene City Council January 28, 2008 Page 3 Regular Meeting C. Adoption of the City Council Committee on Intergovernmental Relations Operating Agreements D. Ratification of Intergovernmental Relations Committee Actions of June 15, 2007, and December 12, 2007 Councilor Pryor, seconded by Councilor Bettman, moved to approve the items on the Consent Calendar. Councilor Bettman noted that she had submitted electronic corrections to the minutes. The motion passed unanimously, 8:0. The meeting adjourned at 8:05 p.m. Respectfully submitted, Angel Jones City Manager pro tem (Recorded by Lynn Taylor) MINUTES—Eugene City Council January 28, 2008 Page 4 Regular Meeting