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appropriate, convenient, or necessary for park purposes. Staff had confirmed that the <br /> findings could be met. Staff had also concluded that the property was not necessary for <br /> • other Town purposes. The Act further permitted the City Council to order the property <br /> sold as it deemed most advantageous to the Town. <br /> The resolution before Council approved abandonment of the property, authorized the sale <br /> of the property and restricted the use of the funds received for the property to open space <br /> and public recreation uses only. Mattas clarified that this was consistent with the original <br /> acquisition of the property. <br /> Council questioned who the property had been purchased from and if there were any <br /> restrictions placed on the sale. Mattas clarified that it had been part of a larger acquisition <br /> from the Nature Conservancy. Altamont Road separated the parcel from Byrne Preserve. <br /> The limits/restrictions that would be placed on the funds from the sale of the parcel would <br /> maintain consistency with the acquisition from the Nature Conservancy. <br /> OPENED PUBLIC HEARING <br /> Nick Dunckel, resident, questioned if the property could be sold without a vote of the <br /> residents. He did not want to set a precedent regarding the sale of Byrne Preserve. <br /> The City Attorney offered that the small parcel had not been included in the Open Space <br /> Initiative and had no restrictions regarding the potential sale. <br /> Jitze Couperus, resident, noted that the parcel had been purposely excluded from the <br /> • Open Space Initiative. Following a request of clarification from Councilmember <br /> O'Malley, Couperus explained that several small parcels had been specifically excluded <br /> but they were not aware of the location of parcels. <br /> Kathy Evans, resident, favored the sale of the property and use of the funds for <br /> recreational purposes. <br /> Jim Abraham, resident, opposed the sale of the property. He believed that there had not <br /> been adequate notice of the sale and suggested that it should have been more widely <br /> advertised similar to previous town-owned property sales. Abraham questioned if the <br /> purchaser would be required to dedicate a right-of-way easement to the Town given it's <br /> location within 30 feet of the center line of Altamont Road. <br /> Councilmember Jones explained that the item before Council was a two step process. <br /> First, Council would determine if the abandonment of the property was appropriate and <br /> second, disposition of the property that would be considered as Agenda Item #9. The <br /> City Attorney concurred with the Councilmember's assessment of the process. <br /> City Manager Cahill stated that staff was recommending that it be disclosed to the buyer <br /> that a 10 foot right-of-way dedication would be required at the time that the property <br /> owner submitted an application for a site development approval. This process was <br /> consistent with the Town's standard that was applied to all other property owners for <br /> • right-of-way dedications. <br /> 4 City Council Regular Meeting Minutes <br /> November 13,2008 <br />