03/27/1973 Meeting - Laserfiche WebLink

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e . '. ,f: '- - ~ Mr. Getty commented that in view of the owners' willingness to gi ve an easement for bike path, pedestri an way, and landscaping, it appeared the Ci ty , s purchase of the I property would be solely for the purpose of building the Amazon Parkway West. Mayor Anderson verified that intent, saying it is on record and evidenced by past purchases of property for that purpose. Assistant Manager cautoined the Council against defin- ingproposed use of the property since other public uses are also envisioned, even I though the major use could be the Parkway. The owners have the right to develop the land and unless the City is prepared to acquire it a suit for inverse condemnation could result. Mr. Getty said that at no time in discussions with the Planning or Public Works staffs was there inference that the property would be used for parks. Planning Director said that property to the west of the Mathers property was acquired for park purposes even though not yet developed. He added that because of the popula- tion density in the area many open-space uses would be desirable for this property~ He said it would be better to keep options open as to the proposed use. Mayor Anderson also noted the Council had within the recent past discussed other public I uses for the land previously aC<;1uired for the Parkway. Councilman Wood moved seconded by Councilman Keller to authorize staff to negotiate for the purchase of the Mathers property. Motion carried, Councilmen Beal, Campbell, Keller, and Wood voting aye; Councilman McDonald voting no. /. For purpose of clarification, Assistant Manager asked if it was the Council's intent I to authorize condemnation if negotiation is not successful. Councilman Wood said , that in making the~otion it was not to be interpreted that he was supporting con~ , struction of the Amazon Parkway West, only to accomplish its construction in the most economical manner should it be supported by the voters. He said he would. like to investigate the matter further prior to formal Council action at the March 27 meeting. Manager reviewed discussion and action taken in committee. He added that the property might be used for right.....of-way f~or Amazon Parkway if. and when that project is developed. However, it cann6t be developed without'.a vote under the present City Charter, and such a vote cannot be presented to the people until an environmental impact. statement 'is presented and considered. The property is about to be developed for multiple-family use and if it 'is .to be acquired f6i future gene~al public use then it woulds~em appropriate to acquire it befor:efurther investment is made. For, this reason authori- zation was request'ed to negotiate for its purchase. If negotiations ar~. unsuccessful, then recommendation would be brought back to drop it or consider c ondernnation proc edure. . . . Bruce. Anderson,. 4240 Hilyard Street, expressed concern about the public's . knowing the purpose for which the property was being purchased:. He' said the Councll should make a statement so that it. would be clear.that the primary. public use will be for West Amazon Parkway if approved by .the voters, with consideration to be give~ to alternative us~' a~ park land or bike path. He ?uggested that Council was practicing subterfuge in making a general statement that the property is to be used for public purposes. He said. too the source of. funds should be definitely. stated. He agreed that had been done in staff's.recommendation to General Fund money rather than bond revenues. -. I . Larry Brown, 777 High Street, attorney for Mr. Mathers, sa;i..d his client's position is one of owning property along a proposed right~of-way being acquired on a piecemeal basis. Conditional approval"~as been given for development of his property and if tpe City: does not {Q'gy---- it and the .Parkway is approved, the cost to the City will be a great deal more. He asked that the Council make a decision with regard to the Parkway before allowing negotiation for purchase. He could see no immediate need of the property for park use, and an easement would be provided should a bike path be desired. Mr'. Brown wondered if purchase of other properties would be delayed until development has been started or., whether owners would be told now that street will b.e constructed. Before any alternative park use is considered determina:tiion should be made as to whether there is already sufficient acreage available for that purpose. He said all these conc:erns should be before the Council prior to any acti'on on negotiation for purc.hase of the Mathers propery. Ralph Aldave, 4150 Pearl Street,- said' that the City in purchasing the Mathers property would be breaking faith with the public because of the Charter amendment approved by the voters removing decisions on greeways from the Council's province. He felt purchase of this property was"impro- per before determination on whether the Parkway will be constructed be- cause not only would it tie the City to that. particular route, but would ~I 3/27/73 - 11