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03/27/1973 Meeting
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03/27/1973 Meeting
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City Council Minutes
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3/27/1973
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<br />'--- ~_._----.,._,- <br />;~C-.B---:202-:: Levying assessments for storm sewer between Gilham Road and <br />Norkenzie Road (1000 feet, more or less, west of Gilham Road) <br />from Brewer Avenue to Belt Line Road <br /> <br />. Cornm <br />3/2):/73 <br />Approve <br /> <br />M.: Purchase Mathers Property, 16th between Grant and Hayes - Sta:(f recommended ac- <br />quisition of this property, lying in the path of the proposed .Amazon Parkway Westr <br />with general funds to hold in fee for future public use. Development of the property <br />is about to begin under site review procedures, and staff is concerned whether <br />, this development should be allowed to occur or the Ci ty should acquire'. If it is <br />: needed at a later time f~ right-of-way, any longer delay in ~cquiring the property <br />will result in substantial increase in cost because of the development. If it is <br />not needed for right-of-way, there is the possibility of its use for parkland, bike <br />paths, or the value could be reco,:!2f.ed~<th~oughsai'e. It is proposed not to use bond <br />money nor to dedicate the land for street purposes to avoid 1egal'cha11enges. <br /> <br />Recommendation: Levy a~sessments as proposed for both projects. <br /> <br />In answer to Councilwoman Bea1, Assistant Manager said the owners are asking in ex- <br />cess of $35,000. Since that figure was quoted there has been some investment in <br />the property. There is substantial difference between the City's appraisal of <br />value and that of the owners. Assistant Manager pointed out on a map location of <br />the two lots in relation to others purchased over the last ten to fifteen years <br />for the projected right-Of-way. <br /> <br />Mrs. Beal asked whether the road, if built, would be paid for from City, funds or <br />State/Federal funds. Assistant Manager answered that it is assumed at this time <br />City funds will be used; however, financing will be sought wherever it appears to <br />be 1ike1y.- There is no major source of funds available at this time. Staff 1s <br />asking direction in an effort to minimize the public cost of acquiring the property <br />for pUblic purposes. In answer to further questions from Councilwoman Beal, <br />Assistant Manager added that possible uses for the property if it is decided the <br />Parkway is not to be constructed are park sites, bicycle routes, etc. He said <br />that although property values cannot be guaranteed the City should be able to re- <br />cover the value of the lots if they were to be sold. City Engineer estimated 20 to <br />30 j?-arcels have already been purchased along the Amazon Parkway projected alignment. <br />Income is derived from those upon which there is habitable housing. Mrs. Bea1 said <br />she would want assurance if the fUrchase were authorized that the City would not be <br />~nalized s~ould the road not be built. <br /> <br />'Councilwoman Campbell asked what assurance the City has that-this situation will not <br />~- <br />recu~ ~:i..th r9;Jard to other properties needed fdr the right:::of-way. Assistant <br />, /--- ~--, <br />Manager answered that- a number of ownez:~ are Weli ting for a decision on the Parkway <br />in the desire to be co-operative, and staff is considering each property as it be- <br />comes necessary. ~. <br /> <br />Dick Getty of Getty Real Estate said the owners are willing to grant an easement <br />across the property to allow construction of a bi;cycle path, pedestrian way, <br />_and-Tel'iited landscaping. The only restriction imposed would be tha't no lOC)tor <br />vehicles would be allowed on ~e easement except for construction and maintenance; <br />that the bi*ewa9~be co~s~tructed' away from a possible patio encroachment upon the <br />easement; and that the easement would be conveyed at the time of issuance of bui1d- <br />\ ing permi ts for development on the property. There would be no expense to the Ci ty <br />other than that incurred in preparing the easement papers. <br /> <br />Mayor Anderson explained that the Council was in no position to negotiate in a <br />public meeting. He asked Mr. Getty to con~act staff in that regard. The Mayor <br /> <br />said the City has committed itself to the construction of the Amazon Parkway West <br />to the point Mere several properties have'been purchased for that purpose. To de- <br />I cide at this point not to proceed, he felt, would be a fundamental decision that <br />there would be no Amazon Parkway constructed. Mr. Anderson felt the Council should <br />go ahead with the idea that alternate uses would be possible should the road not <br />be constructed, and that it would not appear value of the land would depreciate. <br /> <br />Mike Safley of M~M Development thought the development and easement were both possible, I <br />that the building site could be adjusted so as not to jnfringe upon the roadway. <br />Assistant Manager sai d that if the roadway is developed it would not leave the <br />ability to make improvements on the site. Staff need5:~uthorization to negotiate <br />for purchase and failing ability to negotiate, authorization for condemnation to <br />keep development from occurring. <br /> <br />'10 <br /> <br />3/27/73 - 10 <br /> <br />.- <br /> <br />. <br /> <br />. <br /> <br />:e <br /> <br />I <br />! <br /> <br />r <br />
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