The Kirkland City Council approved a resolution authorizing the use of eminent domain to acquire four properties adjacent to the proposed site for the new Fire Station 24, though the city may not have to actually use it.

At the council’s Jan. 19 meeting, the council approved the measure as part of their ongoing efforts to obtain land next to the site where they hope to build the new Station 24.

The city is looking to improve fire services in the Finn Hill neighborhood, where the 2012 Fire Strategic Plan found a gap in response times. They concluded that the consolidation of Stations 24 and 25 as originally conceived was no longer feasible and that a dual-station model is “the most reasonable and cost-effective way to accomplish the goals of the Interlocal Agreement.” The new duel-station model, based on recommendations from a 2013 standard of coverage study, would renovate Station 25 while building a new fire station somewhere in the general vicinity of Northeast 132nd Street and 100th Avenue Northeast to replace Station 24. At the moment, Station 24 no longer has any fire staff and has ceased operations.

Despite the approval of eminent domain, city officials told the council that negotiations with the property owners has been mostly amenable. However, some of the owners are hoping to use the property sale as part of a tax deferred exchanged in the Internal Revenue Code, which it would be eligible for if it were sold under the threat of eminent domain.

“It appears that none of the property owners are philosophically opposed to the City’s acquisition of their property through eminent domain,” a city memo states.

City officials stated that if they initiated eminent domain proceedings it would up to the courts to decide if it fell under a legitimate public use, they believe it meets those requirements.

“It’s in our view clearly a public purpose and hopefully that we won’t need to exercise it,” City Attorney Robin Jenkinson said.

Deputy City Manager Marilynne Beard told the council that she and Fire Chief Joe Sanford have met with residents living around the proposed site to discuss the ramifications of the fire station.

In October, the council approved two resolutions concerning its interlocal agreement with the now-defunct Fire District 41 which covered unincorporated neighborhoods such as Finn Hill. The resolutions clarified the intent of the interlocal agreement and called for $3.8 million of the fire district funds to go toward Station 25’s renovation, which would include repairs, fire alarm and fire sprinkler installations, fire separation walls and accessibility improvements, among other things. The remaining $1.4 million would be used to purchase property for the new Station 24 site.

The city is authorized under RCW 8.12 to condemn land and property or its acquisition for projects deemed to be in the public’s interest.