05-01-2017 Council Work Session Minutes

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CITY COUNCIL SPECIAL WORK SESSION May 1, 2017 APPROVED 135 136 3. Century Farm North Park Dedication Review, Michael Grochala/Rick 137 DeGardner - Community Development Director DeGardner reviewed the written staff 138 report. It includes background on the Century Farm development and the park 139 dedication element. The review includes information back to the preliminary plat that 140 included a linear park system, a map showing the development area and the upland that 141 has been included for the park dedication. Going back to 2003, the park dedication 142 requirements were reviewed and Mr. Grochala explained how they were met and what the 143 developer provided. The developer did argue the formula however and there was 144 discussion that included the city attorney who eventually opined on the amount that was 145 returned to the developer in 2003. When the 2" d addition came through, the council 146 discussed the situation again, there was the same discussion and the city attorney gave the 147 same opinion. Director Grochala concluded that the city has planned its park system to 148 serve certain amounts of areas. The current day park dedication formula has, of course, 149 increased and so the last phase currently underway is higher ($20,000 noted) but it 150 wouldn't be enough to provide a linking trail on its own; the possibility of supplementing 151 the park dedication budget is the council's prerogative. 152 153 Mayor Reinert recalled that the developer was sold some property and the dedication 154 funds received were supposed to be used for park development. Director Grochala 155 explained that the funds were used for Behm's Park. 156 157 The council discussed the cost of trail development. Community Development Director 158 Grochala added that there isn't a master plan in place for the park. 159 160 Robert Sibell, 7898 Century Trail, spoke on behalf of the Century Farm North Homeowners 161 Association (49 homes); reviewed a PowerPoint presentation (on file). Some points 162 included: 163 - Noting the city's comprehensive plan; 164 - Issues with the park dedication fee reversal; 165 - Issues with land provided for park land and its usability; 166 - Developer dispute timeline review; 167 - 2003 Developer Agreement (validity; cannot be altered); Community 168 Development Director Grochala suggested that the agreement is done when the 169 phase is done; Mayor Reinert suggested staff obtain a legal opinion on the point; 170 - Information in staff report for council approval states the amount of the park 171 dedication fee; 172 - A sample from current development agreement (NorthPointe) language on park 173 dedication fees; 174 - The generosity of the deal to the developer based on county tax appraisal of land, 175 city ordinance value of land and developer appraisal of land (developer shouldn't 176 be able to return and change contract terms); 177 - State statutes (history) regarding park dedication fees and judicial review of 178 actions;