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