Council asks staff to study purchase or land-swap after concerns about possible unmarked remains near Marti Colon Cemetery

Council debated options for a privately owned parcel near Marti Colon Cemetery after community members raised concerns about possible unmarked graves on the site.

City Attorney Scott Steady told council that state law governs discovery of human remains during construction and requires an immediate stop to work and notification of police and the medical examiner; he said the city's land-development code does not give the city broad authority to require proactive surveys prior to private development. Steady said a narrow strip with evidence of buried remains is being acquired by the Parks Department.

Council members pressed staff for options beyond the state law process. Several members, including Councilman Bill Carlson and Councilman Guido Maniscalco, urged exploring ground-penetrating radar, a market purchase or a land swap to secure the property; Steady said the city could pursue a market purchase but eminent domain is unlikely and the city has limited legal hooks to force private action. He offered to discuss the matter with the property owner's attorney and to ask whether the owner would permit voluntary ground-penetrating radar.

Councilwoman Lynn Hurtak moved, and the council approved, a request that staff return on July 16 with a written report outlining the steps and cost to purchase the parcel connected to Marti Colon Cemetery and to investigate land-swap options. Several council members said they want a prompt written analysis that lays out options for preserving potential burial areas.

What to expect: staff will prepare a written report for July 16 that examines costs, legal constraints and possible acquisition or swap strategies; the report will not change state statutes but will provide the council with options for pursuing preservation transactions.

Sources: City Attorney and staff remarks in council discussion; council motion and vote to request a written report.