Agenda Packets - 2007/09/10 - Laserfiche WebLink

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Mounds View City Council August 13, 2007 Regular Meeting Page 10 1 Mayor Marty said that future development may not occur on the site, but he would support 2 moving the lines to the easement or increase the easement to encompass the power lines. 3 4 Director Ericson explained that the City does not usually take easements for private utilities, but 5 the City could take more easement and then the Xcel lines would be in the City’s easement. 6 7 Mr. Sargent said that it makes sense to move the lines, but they would like to just do that once to 8 save the Church money. 9 10 Mr. Sargent said that park dedication fees are usually assessed because there is pressure or 11 additional use for the parks, but in this case, nothing will be happening, so he would propose 12 putting the park dedication with any future development. 13 14 Mr. Heltzer said that he would like his utility issue cleared up, as the Church is the subdivider of 15 the property. 16 17 Council Member Flaherty asked why the power line bothers Mr. Heltzer. 18 19 Mr. Heltzer said that the Church obviously intends to move forward with other plans, and he 20 would like this dealt with now. 21 22 Mayor Marty commented that in order to subdivide, there has been a park dedication fee 23 required, as the City is pretty well built out, and park dedication is harder to come by. Mayor 24 Marty explained that the park dedication funds really help out with the parks and allow the City 25 to be able to do things for the parks without asking the residents to pay additional taxes to 26 support the parks. 27 28 Mr. Sargent suggested that they will be getting attorneys involved with this situation. Mr. 29 Sargent said that the Church has gone with the City suggestion, and this process has been taking 30 a very long time. Mr. Sargent said that there are those that need and want to sell the property to 31 make money for the Church, and are not as willing to keep this out of litigation. 32 33 Mayor Marty asked whether the comments regarding attorneys were meant as a veiled threat. 34 35 Mr. Sargent indicated that there is a real possibility that attorneys will be involved if this matter 36 does not get resolved. 37 38 Mayor Marty informed Mr. Sargent, and the Church, that he does not appreciate being threatened 39 in any way. 40 41 Director Ericson said that last year, the Minnesota Legislature adopted new rules regarding park 42 dedication fees, and there is a clause in the Code that indicates that any subdivider of land 43 assessed a park dedication fee, may challenge the fee, and the fee would be put into escrow and a 44 judge will review the details and make a decision. 45