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• <br />• <br />MEMORANDUM <br />November 8, 2000 <br />to: City Council <br />from: Jeff Smyser <br />subject: Behm's Park Lots <br />cc: Dan Tesch, Rick DeGardner, Mary Kay Wyland, John Powell <br />Gary Uhde of G. M. Development has requested that the City allow him to follow through on his <br />plan for development a portion of what is now Behm's Park. Staff is bringing this to the City <br />Council for discussion and direction. <br />In 1999, the City Council authorized selling 2.55 acres of the park to G. M. Development for <br />$75,000, which was to include improvements to the park (Ordinance 16 -99 and Resolution 99- <br />50). The intent was to allow for the creation of nine house lots. However, there was no <br />guarantee that the City would approve rezoning or development of the 2.55 acres. <br />To summarize the history, Behm's Park currently includes approximately 8.6 acres. The park <br />area includes Lots 13, 14, 15, and 16, Block 2, Sunset Oaks. The City acquired these four lots <br />for park purposes via warranty deed in December 1985. I am told that the requirement that they <br />are for park purposes was amended with the agreement of those who dedicated the land as part of <br />the 1999 actions described above. <br />The City rezoned Lots 14, 15, and 16 to R -1 in 1994 (Ordinance 15 -94). Lot 13, the southern <br />portion of the park, was not included in the rezoning action. I don't know why this lot was <br />excluded from the rezoning. <br />In 1997, the City received approval from the Metropolitan Council to allow the City to use part <br />of its MUSA reserve for the Behm's Century Farms development. The approved submittal map <br />did not include Lot 13. That is, the southern part of Behm's Park was not included in the area <br />where MUSA can be applied. I don't know why this lot was not included in the City's submittal. <br />In order to provide for following through on the 1999 actions, three actions would be needed: <br />1. Rezone Lot 13 Sunset Oaks to R -1. <br />2. Allocate 2.55 acres of MUSA reserve to the area to be sold to the developer. This would <br />include approximately 0.52 acres outside of the area approved for MUSA. <br />3. Preliminary plat, with normal plat submittal from the developer. <br />