07/14/2003 Council Minutes - Laserfiche WebLink

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COUNCIL MINUTES JULY 14, 2003 APPROVED 334 indicated if new owners applied for a building permit they could pull out the covenants and refer to •335 them along with the building code. 336 337 Mayor Bergeson indicated it seems if they can tie the Development Agreement to the covenants in the 338 homeowners agreement related to hangars, it is adequate to cover the City's concerns. He indicated 339 in his opinion it is adequate. He indicated if the City Council is comfortable with the covenant 340 documents and the City Attorney can make the connection to enforce those covenants, they should be 341 covered. City Attorney Hawkins stated all of the provisions listed in the covenants can be enforced. 342 City Planner Smyser stated he would then stand educated and recommend approval. 343 344 Councilmember Carlson stated she wanted more clarification on the park dedication. She asked what 345 is the amount the developer deems reasonable. City Planner Smyser indicated they have not gotten 346 that far into it, but what is in question is the City's ability to require both the amount of land and fees 347 they are requiring. He stated the developer's stance is that this is not justified based on land values. 348 He advised staff needs to research the issue, and could find that since the land values have gone up 349 astronomically in the last few years, the developer may be entitled to more credit for land dedication, 350 but the cost per unit may go up also and even it out. 351 352 Councilmember Carlson stated they are talking here and now. She indicated at least some if not all 353 phases of this project will be based on the formula currently in effect. She reviewed the numbers and 354 based on $40,000 per acre, which she thought had been mentioned at the work session, it would leave 355 $6345 to develop a park. She also asked which geographic area the proposed upland covers. City 356 Planner Smyser reviewed the map,showing the dedication area. He indicated the 8.123 acres of Alk357 upland are notpart of the wetlands. He indicated there are 4.7 acres in a contiguous area where ball p � 358 fields could be, then another 3+ acres in other acreas. 359 360 Councilmember Reinert asked how the $28,000 per acre figure was determined. City Planner Smyser 361 indicated it was from a study the City conducted in 2001. They looked at City parkland and what was 362 wanted around the city as well as facilities for those parks. They did an estimate of what it would 363 cost, and based on those needs, which took into consideration current and anticipated development, as 364 well as the cost of land at the time, and came out with $28,000 per acre. He indicated they also 365 considered that developers will buy land at a lower cost, put in the infrastructure and sell lots for 366 more. 367 368 Councilmember Reinert stated he came to the meeting thinking maybe the land value should be 369 higher, but he now agrees that the cash per unit requirement could be low as well, which could cancel 370 the higher land value out, and they should probably tackle this issue as a whole. He agrees they 371 should not leave this issue hanging, and in the broader sense deal with the numbers. 372 373 City Planner Smyser stated staff ran the numbers as instructed by the City's ordinance. He indicated 374 the City will be getting this land and this money, but rather than going directly into the General Park 375 Fund, it will go into escrow until the issue is resolved. He reiterated that eventually the City would 376 be receiving the money. 377 378 Mayor Bergeson confirmed this amount of land and fees is according to regulations in place now. He 379 stated regulations get challenged from time to time, but the City has to go with what is in place at the • 380 time. 381