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• <br />• <br />STAFF ORIGINATOR: <br />COUNCIL MEETING DATE: <br />TOPIC: <br />VOTE REQUIRED: <br />AGENDA ITEM NO. 5A <br />Rick DeGardner, Public Services Director <br />November 9, 2009 <br />Consider First Reading of Ordinance No. 13 -09, Sale <br />of Outlot B, Highland Meadows West 3rd Addition <br />4 /5ths Majority <br />BACKGROUND: <br />Mr. and Mrs. Judd, 670 Arlo Lane, are interested in acquiring Outlot B, Highland <br />Meadows West 3rd Addition to provide the required setback for an addition to their <br />garage. Outlot B is approximately 20' X 148' and is adjacent to /part of Highland <br />Meadows Park. <br />Attachment A shows the existing layout of Highland Meadows Park. The original 4.6 <br />acres of land was dedicated to the city to fulfill park dedication requirements for the <br />Highland Meadows West development (cash was also received). Outlot B (.07 acres) of <br />Highland Meadows West 3rd Addition was retained by the developer with the intent of <br />selling the strip of land to the Judd's to create a buffer between their home and the <br />parkland. Final terms between the developer and the Judd's didn't come to an <br />agreeable conclusion so in 2002, the developer quit claim deeded Outlot B to the City <br />with no restrictions. <br />When contemplating the sale of city owned property, it's important to be mindful of the <br />inherent value of public land. Even if a small segment of public property is going to be <br />sold, the City needs to demonstrate a clear and substantive benefit to the general <br />public. Any financial gain should provide for some significant enhancements <br />(landscaping, benches, etc) to Highland Meadows Park. If the City Council decides to <br />sell Outlot B (or portion thereof), administrative fees are estimated to be approximately <br />$1,000. <br />City Charter language regarding sale of property is as follows: Section 12.05. Sales of <br />Real Property. No real property of the City shall be disposed of except by ordinance. <br />The proceeds of any sale of such property shall be used as far as possible to retire any <br />outstanding indebtedness incurred by the City in the purchase, construction or <br />improvement of this or other property used for the same public purpose. If there is no <br />such outstanding indebtedness, the Council may by resolution designate some other <br />public use for the proceeds. <br />IIIStaff is typically guarded recommending the sale of parkland. However, in this <br />