Agenda Packets - 2004/06/14 - Laserfiche WebLink

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Mounds View City Council May 24, 2004 Regular Meeting Page 7 Planner Prososki indicated that Staff recommends approval and the Planning Commission 1 unanimously recommended approval. 2 3 Mayor Linke asked whether requiring a park dedication fee and trail installation at developer 4 expense opens the City up to a potential lawsuit. 5 6 City Attorney Riggs indicated that there were cases happening across the country concerning the 7 build out of trails or other part and parcel park dedication ordinances. He then said he discussed 8 this with Mr. Ericson briefly, and the Council can charge a park dedication fee and require a trail 9 or enter into some other type of arrangement. 10 11 Mayor Linke indicated he feels comfortable with the park dedication fee but it is requiring the 12 trail and the park dedication fee that he is concerned with. 13 14 Council Member Quick indicated that the City has required other properties to do it and the trail 15 plan has been in place prior to the application being received. 16 17 Community Development Director Ericson commented that the developer is not disputing the 18 trail but is interested in deducting the cost of that trail from the proposed park dedication fee. He 19 then said that it is possible to do so if Council is interested. 20 21 Council Member Quick asked whether a portion of that property has already paid a dedication 22 fee. 23 24 Director Ericson indicated that Staff was unable to find any verification of that but the code does 25 indicate if a park dedication fee has already been paid then it is to be backed out of the current 26 park dedication fee. He then explained that the Amoco development created the two lots 27 approved by Council in 1988 but, Staff could not find record of a park dedication fee. 28 29 Brian Altman of 951 Grand Avenue, attorney for Velmeir, addressed Council and indicated that 30 they are happy to be coming to Mounds View. He then provided a brief overview of CVS 31 Pharmacy. 32 33 Mr. Altman indicated he would like to see the park dedication fee reduced by the previously paid 34 park dedication fee. He then said that they feel Staff’s per square foot value is high as it is higher 35 than what they paid for the property. He further commented that the trail is mostly in the right of 36 way but there is a portion of it on their property and it seems a bit unfair to require them to 37 construct a trail on their property and still pay a full dedication fee. 38 39 Mr. Altman commented that they are using a fair portion of this property for open green space as 40 ponding. He then said that the City has taken the position that this park dedication fee applies 41 because this is a subdivision and yes, it is, but in reality it is more a realignment of lot lines the 42 purpose of which is to create the ponding area. 43 44