05-22-2017 Council Packet - Laserfiche WebLink

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CITY COUNCIL SPECIAL WORK SESSION May 1, 2017 DRAFT 4 135 3. Century Farm North Park Dedication Review, Michael Grochala/Rick 136 DeGardner - Community Development Director DeGardner reviewed the written staff 137 report. It includes background on the Century Farm development and the park 138 dedication element. The review includes information back to the preliminary plat that 139 included a linear park system, a map showing the development area and the upland that 140 has been included for the park dedication. Going back to 2003, the park dedication 141 requirements were reviewed and Mr. Grochala explained how they were met and what the 142 developer provided. The developer did argue the formula however and there was 143 discussion that included the city attorney who eventually opined on the amount that was 144 returned to the developer in 2003. When the 2nd addition came through, the council 145 discussed the situation again, there was the same discussion and the city attorney gave the 146 same opinion. Director Grochala concluded that the city has planned its park system to 147 serve certain amounts of areas. The current day park dedication formula has, of course, 148 increased and so the last phase currently underway is higher ($20,000 noted) but it 149 wouldn’t be enough to provide a linking trail on its own; the possibility of supplementing 150 the park dedication budget is the council’s prerogative. 151 152 Mayor Reinert recalled that the developer was sold some property and the dedication 153 funds received were supposed to be used for park development. Director Grochala 154 explained that the funds were used for Behm’s Park. 155 156 The council discussed the cost of trail development. Community Development Director 157 Grochala added that there isn’t a master plan in place for the park. 158 159 Robert Sibell, 7898 Century Trail, spoke on behalf of the Century Farm North Homeowners 160 Association (49 homes); reviewed a PowerPoint presentation (on file). Some points 161 included: 162 - Noting the city’s comprehensive plan; 163 - Issues with the park dedication fee reversal; 164 - Issues with land provided for park land and its usability; 165 - Developer dispute timeline review; 166 - 2003 Developer Agreement (validity; cannot be altered); Community 167 Development Director Grochala suggested that the agreement is done when the 168 phase is done; Mayor Reinert suggested staff obtain a legal opinion on the point; 169 - Information in staff report for council approval states the amount of the park 170 dedication fee; 171 - A sample from current development agreement (NorthPointe) language on park 172 dedication fees; 173 - The generosity of the deal to the developer based on county tax appraisal of land, 174 city ordinance value of land and developer appraisal of land (developer shouldn’t 175 be able to return and change contract terms); 176 - State statutes (history) regarding park dedication fees and judicial review of 177 actions; 178