10/01/2001 Park Board Packet - Laserfiche WebLink

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Sue Walseth 3 • Summary: • In 1994, Hokanson Development refused to set aside any land from their 72 -acre residential parcel for a children's park, because it was too valuable. Instead, there were two alternatives: (1) provide a trail access to Birch Park, located north of Trappers' Crossing (2) use the facilities at a proposed athletic complex to be built on the corner of Holly Drive West and County Road J. o In the subsequent 7 years, the athletic complex plans have been relocated to Birch Street and Centerville Road Access to Birch Park is now the only park option available. • IS • When the lots were marketed for sale in both Trappers' Crossing and Gemini Estates, realtors bragged about children's accessibility to Birch Park It is not the residents' fault that the Whitcomb's now will not sell. The residents were promised a park — and the developers donated money for that specific purpose, in good faith — so the city will have to do whatever it takes (such as initiating a condemnation process) to provide a park. • Park dedication fees and trail access expenses: • In the 5/4/94, Park Board "minutes" (pages # 2 & 3), Hokanson Development was assessed $76,680.44 for its park dedication fee. In the 2/19/99 development agreement (attachment B), Gemini Estates was assessed $15,400 for its park dedication fee. This totals $92,080 from these two developments alone — and more developments are planned in this area. • In the 5/2/94 Park Board "minutes" (page # 2), it stated that it would cost approximately $25,000 to develop the trail to Birch Park In November 2000, the city would have paid the Whitcomb's $6,000 for the 2 acres of land. The 7/30/01 Park Board "minutes" stated that it would cost $15,000 to condemn the parcel for the trail -- $30,000, if it is contested. Expenses would total $46,000 out of the $92,080 park dedication money — using not even half of the developers' money dedicated to a park in our area. • The "minutes" state that legal fees would amount to $15,000 -- $30,000 if appealed. In the history of Lino Lakes using condemnation to acquire property, how many times have residents contested it? If it is not a common practice, then chances are that the legal fees in this case will be $15,000. • In the 7/2/2001 Park Board "minutes" it was determined that the city needed an acre or less for the park access. If the property was appraised at $500 an acre by Anoka County, then if the city uses condemnation to acquire it, they should pay $500 or less for that lacre or less of land needed — not $6,000, which was their prior offer. It is my opinion that since the Whitcomb's refused the generous $6,000, that amount should be withdrawn. • In the 7/2/01 Park Board "minutes "(page 7) `Bill" asked about "infringing on the property owners rights to make other residents happy." • The property owners' rights are not being infringed upon. At the 5/4/94 Park Board meeting, Ms. Jeanne C., daughter and legal spokesperson for the Whitcomb's stated that her parents would provide access to Birch Park, to accommodate the approval of the Trappers' Crossing, and practically begged the city to buy that strip of land and more. Motion was made to purchase the required property from the Whitcomb's (page # 3). • The Whitcomb's were very willing in 1994 to sell the needed land strip for park access, during the numerous city discussions, regarding the city's approval of Trappers' Crossing. Now it seems that after they received their money from the developer for their 72 acres — and Trappers' Crossing is nearing completion, they change their mind. With hindsight, it appears that they said whatever they needed to, to persuade the city to have Trappers' Crossing approved, so they close their land deal.