The 90-day mark is approaching for the Garden City Village Board to issue findings regarding the village's proposed condemnation of one of three 100 by 250-foot lots owned by the Gardner Estate, located at 114 Sixth Street. Efforts between village officials and John Amrod, Gardner Estate attorney, to negotiate a fair purchase price have failed and led to the decision to condemn the lot. Trustee John Mauk said the board is expected to issue findings at the Aug. 16 board meeting.

"The board can issue findings and move ahead, the board can issue findings and not move ahead or it could just avoid issuing any findings all together," Mauk said. "In the event no action is taken, this particular condemnation process is over once the clock runs out."

If trustees fail to issue findings and there's a desire to condemn in the future, the condemnation process must begin again with a new hearing. The clock won't run out on Aug. 16, Mauk said, but shortly thereafter.

The village has a long history of planning and providing for adequate, safe and convenient parking in the commercial district. Back in 1959, when the village's Planning Commission recommended adopting a long range plan that suggested acquiring specific homes, as they became available, and converting those properties into village parking areas with a 50 foot buffer between those lots and the abutting homes, the Parking Buffer Strip Plan was born.

Three of the village's property owners' associations (POA), including the Estates POA, Eastern POA and Western POA support the Planning Commission's recommendation to acquire the plot in order to expand Parking Field 5 and complete the buffer strip. The Central POA, including John McKay, chairman of the association's parking subcommittee, said condemnation should be the village's last resort.

The village can acquire the lot at little cost to residential taxpayers because, according to the Parking Buffer Strip Plan, commercial property owners will pay 90 percent of the acquisition and improvement costs. With regard to Parking Field 5, the village will assess the medical building known as 520 Franklin Avenue for 90 percent of the cost since its neighbors, St. Joseph's Church and the Garden City Post Office, are tax-exempt.

The village's Planning Commission recently approved subdivision permits to turn the property into three separate lots. The purchaser of the three lots can choose to leave the Gardner house up and build two other houses around it or tear the house down and erect three new homes.

If the village opts to condemn the 100 easterly feet of property, or one of the three lots, it will use 50 feet for parking and the other 50 feet for a buffer strip to adequately separate the residential and commercial areas. A municipality can only acquire property via condemnation if the acquisition is for public purpose. Two other homes may still be built.

Robert Rothschild, former president of the Estates Property Owners Association (POA), said building a home on the lot the village is seeking to condemn would, in his opinion, undermine the recommendation of the Planning Commission.

"When the Parking Study came out, a study the Central POA leadership requested be done, members still denied any problems even though the study stated otherwise. That parking lot is so far behind the minimum requirement of spots - it's criminal how obvious it is," Rothschild said.

Dr. Calvin Rasweiler, who, along with five other physicians, owns the medical building, said, "I have parked in and out of Lot 5 for over 30 years. This was recognized 40 years ago as a problem, 30 years ago as a problem and is still a problem today.

"This was a long-term, off-street parking plan intended to keep cars away from residents' homes. We [doctors] felt the plan would be followed and frankly, we're surprised the Planning Commission's recommendations are being questioned," Rasweiler said. "There is a great demand for parking in the entire area with St. Joseph's and the post office as neighbors."

Russell Matthews, executive vice president of the Albanese Development Corporation, noted a 50-foot buffer strip "would provide, as originally intended, an appropriate transition from the commercial district to the residential neighborhood. It would also enhance the value of the home that adjoins it."

Rothschild said the Central POA has given no evidence as to why they don't want to follow the Planning Commission's recommendation. "They wanted a parking study done. Taxpayers foot the bill for the $40,000 study, which revealed that parking is in fact a problem in Garden City and the Central POA still denies any problems," he said. "It's beyond my comprehension."

McKay told village trustees, "If we increase parking spaces, more people are going to come. The more people in that lot will only increase traffic and traffic problems." He added they [trustees] are not making the area safer by adding more parking spots.

Chamber of Commerce president Ross Mongiardo said the plan will work for both commercial and residential areas. "Economically, it's good for residents because the more taxes village businesses pay, the less taxes residents will have to pay," he said.

Some say Mayor Robert Lewis has forbidden village trustees to speak with anyone regarding the parking issue. Jon Segerdahl, village trustee, said Monday that Lewis indirectly asked trustees not to talk about the parking issue until Thursday's board meeting. "The mayor has not told us we are 'not allowed' to discuss this. It's a matter of real estate so the discussions that we've had have been in executive session. Things that are held in executive session are confidential."

Richard Schrafel, president of the Estates POA, said, "The Estates POA's board of directors would like to see Parking Field 5 expanded. We feel this is a wonderful opportunity to provide additional parking spaces and provide a buffer to shelter the homeowners adjoining it from the parking lot," Schrafel said. "If they start building there, the opportunity to expand Lot 5 is lost for certainly our lifetime.

"I would've thought this decision would be easy ... It was Ms. Gardner's garden and apparently when the then-board wanted to acquire the property for condemnation years ago, residents came to her defense. The board gave her 30 some odd years to enjoy her garden. Now, it sort of seems like a good plan to prevent a house being built surrounded by a parking lot," Schrafel said.