Council_Minutes_1978_08_14 - Laserfiche WebLink

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August 14, 1978 Page 7 Jerry Foss asked if the services could be looped. Administrator Achen replied that the water could possibly be looped but that the sewer couldn't. Councilmember Rowley stated that the project had been discussed several times already and that she would like to see the property owners and developers study the issue and make recommendations to the Council. She pointed out that the project could not be ordered for this year, which would allow them time to study the issue and set a future date for a decision. MSP (Hodges- Baumgartner) to continue the hearing until October 24, 1978 at 7:40 PM for the preliminary plat and rezoning, and also continue the Dailey Knolls hearing. 3 ayes Administrator Achen pointed out that input should be received by October 10 in order to have it on the October 24 agenda. Acting Mayor Hodges closed the public hearings and reopened the regular meeting. NORTHCREST PARK FINAL PLAT AND DEVELOPMENT AGREEMENT Acting Mayor Hodges reported that Staff has recommended the developer provide some security to cover the first 3 -5 years of special assessments in case development does not proceed as rapidly as hoped. Mr. Beim stated that the only point he disagreed on was the park dedication fee. He stated that both the Park and Recreation Department and Planning Commission have recommended that he pay a $53,000 park dedication fee, and that he felt it was an unfair charge since the City had changed the Comprehensive Plan and forced him to develop according to their plans. He added that he would be willing to pay a $7,000 park dedication fee to avoid the cost of a lawsuit. Councilmember Baumgartner replied that the City did not force the developer to rezone, and that when the City was working on the Comprehensive Plan three years ago, Mr. Beim and his architect were present at the meetings and offered their suggestions, and then came in with their development concept of Northcrest Park. Mr. Beim stated that he has based the plan on the Comprehensive Plan. Administrator Achen replied that if Mr. Beim had not liked the proposed rezonings and Comprehensive Plan, he could have objected before it was approved. Mr. Beim replied that he is protesting the $53,000 fee, not the zoning. Administrator Achen stated that the City and Park Commission did not feel that a hard- ship was placed on the developer. Mr. Beim asked if it would be possible to spread the dedication out over a period of years. Attorney Meyers replied that it had been done in the past. Administrator Achen stated that Staff has recommended the developer provide some security to cover the first 3 -5 years of special assessments in case the development does not proceed as rapidly as planned. Mr. Beim asked if the land itself was security for the assessments. Administrator Achen replied that the City would have to sell the lots to make the bond payment but that the lots could not be sold in time to make the payment, if the development did run into trouble. Attorney Meyers added that the City does need some additional assurance.