CC Min 2001-06-11 Reg - Laserfiche WebLink

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A definition of Eminent Domain was provided: "It is the authority for the Agency to acquire property for a purpose that is in a public interest, the agency is required to hold a public hearing on the action, to pay the owner a fair market value after a professional appraisal is done, and to provide relocation systems if in fact the property is acquired and the people needed to move." Clarification: City Staff does not do the professional appraisal. In the past, Eminent Domain has only been used when there is a clear public purpose, when the area will be improved by the project, and when the private market acting alone is not able to provide the type of project proposed. Summarizing his presentation, Executive Director Church stated that the purpose of the Fifth Amendment is to extend the date to commence Eminent Domain actions for a period of 12 years, from the current 2002 to 2014. Exempt from Eminent Domain are residences that are zoned residential and with a residence use. However, two classes of situations that are not exempt are: 1) Residential use house in a commercial/industrial zone; 2) Vacant lot in a residential zone but without a residential use; All these situations are reviewed by the City Council on a project by project basis, and prior to any action being taken. The recommendation of a 12-year extension was reiterated because projects take so long to implement. Additionally, the plan amendment is lengthy and costly (approx. $30,000). Agency's Fiscal Consultant Don Fraser stated that he has worked with the Agency for the last 10 years. Don Fraser guided the City Council through the report especially in regards to the findings. He specifically mentioned that blighting is the primary reason why the Agency exists, and secondly to create affordable housing. From a fiscal perspective the Agency Plan is feasible and will continue to be so for the period of the amendment. According to Don Fraser blight still exists, and by extending eminent domain the City will have the tools to positively impact the conditions that persist. Agency's Attorney Arnold Kessler, read into the record the following information: "Agency Members received the following documents that have been available for public review at the office of the City Clerk: a) staff report on the Fifth Amendment outlining the procedural steps taking in developing it and offers an analysis of the policy considerations regarding the options of extending Eminent Domain up to a period of 12 years b) presents the City Council with several alternatives c) there are several attachments to the staff report which include the Fifth Amendment itself, and as drafted it would extend the Eminent Domain for 12 years, but it would not change the plan; the second attachment is the ordinance by which the Council will adopt the Fifth Amendment, it also mentions specific clauses in regards to written objections received d) report to the City Council dated June 2001 presented by Don Fraser e) letter dated May 25"', 2001 from Donald A. Wilson objecting to the adoption of the Fifth amendment. JOINT COUNCIL MEETING June I l, 2001 MINUTES PAGE l0 MINUTES Book No. 58 Page No. 432