02/24/1975 Meeting - Laserfiche WebLink

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e e e E. Condemnation, Gillespie property east and west of Gilham Road south of Ayres Road for park site - Negotiations on purchase of 6.7 acres of property near the Gilham elementary school have been unsuccessful. If purchased (funds coming from parks acquisition bond revenues), the property would be added to School District property for joint city/school development. Council authorization for condemnation if neces- sary was requested in view of new state legislation setting time limits for negotia- tions before proceeding to court action. Manager said that in informal discussion among Council members while viewing the site on tour some questions were raised as to the appropriateness of going to condemnation for acquisition of park lands. Staff was requesting start of the condemnation process toward acquisit,ion with the understanding that it might not have to go to court. Councilwoman Shirey expressed her understanding that if authorization was given and negotiations were not successful the issue could be taken to court without further Council action. Stan Long, assistant city attorney, acknowledged that was the case. However, although Manager had authority under such authorization, he may decide not to carry it to court. Manager added that where there appeared to be concern ex- pressed by part of the Council, it would be appropriate before any legal action was actually commenced to bring the issue back to the Council if ,a majority wanted it brought back. Councilman Hamel said he would not vote for condemnation of private property for park uses. If the Gillespies agreed to sell and a price was negotiated, he said, then he would be in favor of the purchase. Mrs. Shirey added that she would like to see negotiations continue but she was not sure she would be in favor of condemnation either. Manager said staff would like to have adoption of the resolution giving authorization with the understanding that if a majority of the Council wanted the issue brought back for consideration before going to court, that would be done. He said negotiations could be continued without the condemnation authorization, but a deadline on negotiations was needed if they were to be brought to a conclusion. In response to Councilman Hamel, he said the purchase was primarily for the city's convenience because there was a certain amount of money available for the purchase and delay would lessen the value of that money. He added that the voters had authorized the purchase of park lands and staff had worked on this particular site for some period of time. Councilman Haws was in favor of acquiring as much park land as possible for the city and favored the Manager's request for authorization to go to condemnation. Mrs. Shirey moved to adopt a resolution allowing negotiations to con- tinue for the park site, bringing results of the negotiations back to the Council for decision whether to go to condemnation. Mr. Keller seconded the motion but felt it should authorize the condemna- tion but ask only for a report back to the Council before finally proceed- ing to court action. In so doing, a time would be set to discontinue negotiations and accomplish the acquisition. Stan Long, assistant city attorney, explained that action should either authorize con- demnation or not authorize condemnation. No action was taken on the issue, and it was understood a resolution would be prepared for consideration at the February 24 meeting when a majority decision would be made for or against condemnation. Comm 2/12/75 Approve Councilman Haws asked for clarification of what the Council would be acting on since he understood something different than the proposal brought originally to the Council would be voted upon. Manager explained that a resolution had been prepared which would authorize negotiations, and that it included authorization for condemnation in ~he event negotiations were not successful. However, it provided the Council an opportun1ty to 85 2/24/75 - 17