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HomeMy WebLinkAboutItem 4: Ordinance Authorizing Use of Eminent Domain to Acquire Property Near Amazon Creek Headwaters EUGENE CITY COUNCIL AGENDA ITEM SUMMARY c 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; and Declaring an Immediate Effective Date Meeting Date: July 9, 2007 Department: Public Works www.eugene-or.gov Agenda Item Number: 4 Staff Contact: Johnny Medlin Contact Telephone Number: 682-4930 ISSUE STATEMENT This item is for the City Council to take action regarding the proposed use of eminent domain on two properties near the Amazon Creek headwaters in South Eugene. The ordinance is included as Attachment A and includes Exhibit A and B. Please note: An immediate effective date is requested with this ordinance. An immediate effective date requires a 2/3 majority or six (6) affirmative votes from the council to enact Ordinances without an immediate effective date do not take effect for 30 days. BACKGROUND The council held a public hearing on this topic on May 21, 2007. On April 18, 2007, the council instructed staff to prepare and take to Public Hearing an ordinance authorizing the use of eminent domain on two parcels in South Eugene. These parcels have been the topic of previous discussion under the names of Green property or Green Valley Glen PUD and the Beverly property or West Creek PUD or South Park PUD or Deerbrook PUD. Current acquisition status on both of these properties is that past purchase offers for a part or all of these properties have been made and declined. Staff based acquisition of these properties on making purchase offers at or near current appraised raw land value. The property owners view has been that in order to persuade them to sell the City would need to pay significantly higher than the currently appraised value to compensate for the speculative developable value inherent in the properties. It has been the staff opinion that both of these parcels have the potential for some level of development. Since the specific level of development possible on these parcels (low or high) is unknown and remains in dispute, so does any value based on development potential. The recent PUD applications involving these properties have not been successful. While perhaps development may be difficult, the property owners have indicated they believe they will eventually be able to sufficiently meet PUD criteria allowing them a significant level of development. LICMOl2007 Council Agendas1M0707091S0707094.DOC The specific level of development allowable on these properties is in dispute and the value of these properties is dependent on what level of development is ultimately decided allowable. Appraisals have not yet been performed. Consequently, it is not possible to identify the cost to the City in acquiring these parcels. Several documents were provided to the council in the packet for the May 21,2007, Public Hearing which are not included here again. If councilors wish to review these documents, they include: . A memo dated May 9,2007, from the City Attorney titled "An Overview of Condemnation Procedures and Statutory Authorization to Acquire Property for City Parks" . A 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 . A memo dated May 4,2007, from the Parks and Open Space Division providing information regarding the "park values" represented by these properties RELATED CITY POLICIES . The PROS Comprehensive Plan was adopted by the council on February 13, 2006. . The PROS Project and Priority Plan was adopted by the council on May 22,2006. . A Parks and Open Space Bond Measure passed by Eugene voters on November 7,2006. COUNCIL OPTIONS A. Adopt the ordinance. B. Direct the City Manager to continue acquisition negotiations on both the Beverly and Green properties and, if those continue to fail, bring the issue back to the council for reconsideration if additional development approval is granted for either property; C. Direct the City Manager to retain an appraiser and other necessary experts in order to obtain appraisals for the two properties, and then bring that information back to the council in a future executive session; D. Take other action, as directed by the council. CITY MANAGER'S RECOMMENDATION The City Manager recommends Option B: Direct the City Manager to continue acquisition negotiations on both the Beverly and Green properties and, if those continue to fail, bring the issue back to the council for reconsideration if additional development approval is granted for either property; SUGGESTED MOTION Move to direct the City Manager to continue acquisition negotiations on both the Beverly and Green properties and, if those continue to fail, bring the issue back to the council for reconsideration if additional development approval is granted for either property. LICMOl2007 Council Agendas1M0707091S0707094.DOC ATTACHMENTS A. Proposed Ordinance (including Exhibit A and B) B. Vicinity map showing location of the Deerbrook PUD (Beverly) and Green Valley Glen PUD ( Green) FOR MORE INFORMATION Staff Contact: Johnny Medlin Telephone: 682-4930 Staff E-Mail: johnny.r.medlin@ci.eugene.or.us LICMOl2007 Council Agendas1M0707091S0707094.DOC ATTACHMENT A ORDINANCE NO. AN ORDINANCE AUTHORIZING THE INSTITUTION OF PROCEEDINGS IN EMINENT DOMAIN FOR THE ACQUISITION BY CONDEMNA TION OF PROPERTY FOR PARK AND OPEN SPACE LAND NEAR THE AMAZON CREEK HEADWATERS IN SOUTH EUGENE; AND DECLARING AN IMMEDIATE EFFECTIVE DATE. The City Council of the City of Eugene finds that: A. The City Council has authority under provisions of the City Charter and applicable state law to institute proceedings in eminent domain for the acquisition by condemnation of private property within and without its corporate limits for the public purpose of public parks, preservation of land for open space, and expansion of the Ridgeline Trail system. B. Acquisition of land in the south Eugene area for parks, preservation of open space and expansion of the Ridgeline Trail system has long been a priority of the City and the affected neighborhood organization. C. The importance of preservation of land for parks and open space has also been reflected in the passage by the electors of the City of Parks and Open Space bonds in 1998 and 2006. D. The policies and goals of the City and the directive of the electors in approving the 1998 and 2006 Parks and Open Space bonds can best be met by acquisition of the 26 acre parcel of real property located south of West Amazon Drive's terminus and the 39 acre parcel of real property located between Dillard Road and Nectar Way, which are more particularly described on Exhibits A and B hereto. E. The public good realized from the acquisition far outweighs any damage which the property owners might sustain, particularly in light of the City's obligation to provide just compensation to the affected property owners. Now, therefore, THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. Based upon the above findings, which are incorporated herein and adopted, the City Council of the City of Eugene does hereby find, declare, and determine it necessary to acquire certain ownership interests to the parcels of real property located south of West Amazon Drive's terminus and between Dillard Road and Nectar Way, and more particularly described on Ordinance - 1 Exhibits A and B attached hereto and incorporated herein by reference in order to acquire land necessary for parks, preservation of open space, and expansion of the Ridgeline Trail system. Section 2. The City Council does hereby direct that the City Manager or the Manager's designee shall undertake negotiations with affected property owners to acquire the described property interests. No less than 40 days prior to filing any action for condemnation of those property interests described in Section 1, the City Manager or designee shall make a written offer or offers to pay the owners of the property or persons having an interest therein a stated amount of compensation for the property interests and for any compensable damages to the remaining property, if any. If the written offer is not accepted within the time specified in the offer, the City Manager or designee shall institute proceedings in eminent domain for the condemnation of the real property interests described in Section 1. Section 3. The City Council does hereby declare that the acquisition of the fee title to the real property described on Exhibits A and B hereto is for a public purpose, is necessary for the public welfare, is the most compatible with the greatest public good and the least private injury, and is authorized under the laws of the State of Oregon and the Charter, Ordinances and policies of the City of Eugene. Section 4. The City Council further declares that the real property interests described in Section 1 shall be used by the City of Eugene for public purposes at the earliest possible date and, in any event, no later than ten years from the date this Ordinance is adopted by the City Council and approved by the Mayor. Section 5. In order to serve the important public purpose of securing park land in a timely manner, it is necessary for this ordinance to have immediate effect. This Ordinance shall become effective upon its passage by the City Council and approval by the Mayor, retention by the Mayor for more than ten days, or readoption over a Mayoral veto by two-thirds of all members of the City Council. Passed by the City Council this Approved by the Mayor this _ day of , 2007 _ day of , 2007 City Recorder Mayor Ordinance - 2 EXHIBI II A II SCALE I" = 300' CITY OWNED LAND EXHIBIT "B'c" ~ == 0= e w Z GREEN VALLEY GLEN PUD GREEN V ALLEY GLEN LLC TAX MAP NO. 18-03-20 TAX LOT 101 CITY OWNED LAND VICINITY MAP Ii: ..................... DENOTES CITY OWNED LAND 4 .. 4 ~ .. .. .... I. .... t