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MEMORANDUM <br />October 19, 2000 <br />to: Rick DeGardner <br />from: Jeff Smyser <br />subject: <br />Behm's Park Lots <br />I have reviewed the history of the Behm's park property, based on information I got from Mary <br />Kay. The park area includes Lots 13, 14, 15, and 16, Sunset Oaks. The City acquired the four <br />lots via warranty deed in December 1985. <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 Metropolitan Council allowed the City to use part of its MUSA reserve for the <br />Behm's site. The approved submittal map did not include Lot 13. That is, Lot 13 was not <br />included in the area where MUSA can be applied. .I don't know why this lot was not included in <br />the City's submittal. <br />In 1999, the City Council authorized selling 2.55 acres of the park. I was not involved in this <br />negotiation, but my understanding is that G. M. Development provided improvements to the park <br />worth $75,000. I believe the understanding is that Uhde would get the 2.55 acres in return (with <br />the intention of creating nine house lots). <br />Three actions are needed by the City: <br />1. Rezone Lot 13 Sunset Oaks to R -1. This should be a relatively straightforward matter. <br />2. Allocate 2.55 acres of MUSA reserve to the area to be sold to the developer. <br />This would include approximately one -half acre outside of the approved area, but I can <br />support this descrepancy because both the City and Gary Uhde have operated with good <br />faith on this issue. <br />Preliminary plat, with normal plat submittal from the developer. <br />The plat should include the entire park area (8+ acres). It will be simpler to plat it all <br />rather than doing a lot split (minor subdivision) and then a plat for the nine lots. There <br />are easement issues to resolve, and the plat will address them. <br />I recognize that the City approved the land sale with no guarantee of building lots or <br />rezoning. However, with the park improvements, I trust we can convince the City <br />Council that it is worthwhile. <br />I suggest we bring this to the next work session on November 8h. Let's discuss this. <br />• <br />