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June 5, 2001 <br />to Highway 49. Since the area in the Spirit Hills Development adjacent to Birch Street <br />(Outlot A) is not being platted, it makes sense to wait for such time that Outlot A is <br />developed. The extension of the trail in front of Apitz Garage could also be addressed at <br />that time. Perhaps a portion of the cash dedication from this development could be used to <br />construct a trail along Birch Street from the proposed Sioux Lane to Hokah Drive. <br />An issue was raised at the Planning and Zoning meeting relating to the acquisition of land <br />for park purposes that exceeds the developer's obligation for Park Dedication. Per state <br />statutes, it is my understanding that the city cannot require the developer to dedicate land <br />in excess of the park dedication requirements without compensation. Mr. Goertz inquired <br />about the scenario that the .28 acres of land the Planning and Zoning Board wanted <br />dedicated to the City as "Park" was valued at $80,000 - $90,000, and his required Park <br />Dedication was approximately $50,000. It is my understanding that state statutes require <br />the City to reimburse developers for acquisition of park land in excess of the required Park <br />Dedication. We have not planned for and do not have $30,000 - $40,000 to reimburse Mr. <br />Goertz for the difference. <br />For the reasons stated, I concur with the Park Board's recommendation to the City Council <br />that the City receive 100% cash for the required Park Dedication for the Spirit Hills <br />Development. <br />6/5/01 <br />RD /Corr /city staff /spirit hills smyser <br />