Land analysis said to be illegal

Time too short for park study, citizen group claims

By Matt Batcheldor | The Olympian • Published November 02, 2008

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OLYMPIA – The city is using a potentially illegal process to study turning the strip of land between Budd Inlet and Capitol Lake into a park, says the chairman of a citizens group that petitioned for the study.

Jerry Reilly, chairman of the Olympia Isthmus Park Association, asked City Manager Steve Hall in a letter this week that the city withdraw its request for proposals from consultants to do the study.

His main objection is that the process "is not in compliance with the intent of the successful Citizens' Initiative and the Ordinance adopted by the City Council," the letter says.

The law, adopted Oct. 21, requires the city to study the feasibility of turning the land into a park. It also requires the city to contact the state to gauge interest in partnering to develop a park there and also to evaluate federal and private help.

The city's request breaks the study into two phases, but the second phase is optional.

"This is not an option legally available to the city," Reilly wrote in his letter. "The way they've done it, they don't necessarily really have to do the study" the way it's proposed, Reilly said, because phase two is optional.

In an interview, Reilly said a group will bring its concerns to the next council meeting, set for 7 p.m. Monday. The council, which normally meets Tuesdays, will meet a day early because of Election Day.

Phase one would require the consultant to estimate the value of the land and the ability of city, state and federal governments to fund the park. The consultant would be required to submit a preliminary report by Dec. 1.

Then the City Council would decide whether to go forward with phase two "if sufficient capacity exists to reasonably support the acquisition and development of the property," the city's document says.

Reilly said that gives the council a way to avoid doing the study and doesn't honor the intention of the law. He also objects to how quickly phase one is required to be done because the city wouldn't pick a consultant until after a Nov. 7 deadline.