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AGENDA ITEM NO. 5A STAFF ORIGINATOR: Rick DeGardner, Public Services Director COUNCIL MEETING DATE: November 23, 2009 TOPIC: Consider Second Reading of Ordinance No. 13-09, Sale of Outlot B, Highland Meadows West 3rd Addition VOTE REQUIRED: 4/5ths Majority BACKGROUND: The first reading of Ordinance No. 13-09 was approved at the November 9th City Council meeting. Mr. and Mrs. Judd, 670 Arlo Lane, are interested in acquiring Outlot B, Highland Meadows West 3rd Addition to provide the required setback for an addition to their garage. Outlot B is approximately 20' X 148' and is adjacent to Highland Meadows Park. Attachment A shows the existing layout of Highland Meadows Park. The original 4.6 acres of land was dedicated to the city to fulfill park dedication requirements for the Highland Meadows West development (cash was also received). Outlot B (.07 acres) of Highland Meadows West 3rd Addition was retained by the developer with the intent of selling the strip of land to the Judd's to create a buffer between their home and the parkland. Final terms between the developer and the Judd's didn't come to an agreeable conclusion so in 2002, the developer deeded Outlot B to the City with no restrictions. When contemplating the sale of city owned property, it's important to be mindful of the inherent value of public land. Even if a small segment of public property is going to be sold, the City needs to demonstrate a clear and substantive benefit to the general public. Any financial gain should provide for some significant enhancements (landscaping, benches, etc) to Highland Meadows Park. Administrative fees are estimated to be approximately $1,000. City Charter language regarding sale of property is as follows: Section 12.05. Sales of Real Property. No real property of the City shall be disposed of except by ordinance. The proceeds of any sale of such property shall be used as far as possible to retire any outstanding indebtedness incurred by the City in the purchase, construction or improvement of this or other property used for the same public purpose. If there is no such outstanding indebtedness, the Council may by resolution designate some other public use for the proceeds. Staff is typically guarded recommending the sale of parkland. However, in this particular situation, Outlot B was not part of the City's plan for this neighborhood park.