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