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HomeMy WebLinkAbout2010.08.09 EDA Packet AGENDA CITY OF HUGO ECONOMIC DEVELOPMENT AUTHORITY MONDAY, AUGUST 9, 2010 8:30 AM 8:30 am 1. Call to Order 8:31 am 2. Roll Call 8:32 am 3. Approval of Minutes IrDA Meeting of July 12, 2010 8:35 am 4. Discussion on letter to River Bank— Ricci's Building 9:00 am 5. Update on Downtown Redevelopment 10:00 am 6. Update on the BR&I; Implementation Project Teams 10:15 am 7. Discussion on the Park Dedication Fees 10:30 am 8. Adjournment BACKGROUND MEMO FOR THE EDA MEETING OF MONDAY, August 9, 2010 3. APPROVAL OF MINUTES Staff recommends approval of the minutes from the JUIV 12, 2010 EDA Meeting as presented. 4. DISCUSSION ON LETTER TO RIVER BANK— RICCI'S BUILDING Staff has been working with the representative of the River Bank that owns the Ricci's property on the demolition of the building. The property owners are interested in demolishing the building, but know that there are constraints on the property that limit what can be developed there. Staff has drafted a letter for discussion with the EDA on what the City would be willing to help the property owner with as they redevelop the property. Staff recommends that the EDA review the draft letter and provide feedback to staff. 5. UPDATE ON DOWNTOWN REDEVELOPMENT Staff will update the EDA on downtown redevelopment. 6. UPDATE ON THE BR&E IMPLEMENTATION PROJECT TEAMS Staff made a presentation to the HBA on the BR&E Marketing and Events implementation project teams at its July 13, 2010, meeting. The outcome was to have a BR&E and HBA joint meeting on the implementation project and distinguish roles of the City and the HBA on each goal. The joint meeting is on August 17, 2010. Staff will update the EDA on the HBA meeting presentation on the BR&E implementation project teams. 7. DISCUSSION ON THE PARK DEDICATION FEES The City of Hugo Parks, Recreation and Open Space Commission discussed possible revisions to the Park Dedication Policy at their July 14, 2010 meeting. Currently, the Park Dedication Policy requires payment of$2,400 per acre with any commercial or industrial development. All funds that are dedicated are used by the Parks Commission to build new park facilities, which help meet the increased demand for parks brought by the development. The majority of funds received through dedication are from residential developments. Approximately $10,000 in park dedication has been paid to the city for commercial and industrial development between 1999 and 2009. Some cities do not require park dedication with commercial and industrial development. Parks Planner Shayla Syverson will discuss the Park Dedication Policy. MINUTES FOR THE EDA MEETING OF JULY 12,20 t0 EDA President Fran Miron called the EDA meeting, along with the Board of Commissioners, to order at 8:30 am. PRESENT: Jan Arcand, Jim Bever, Phil Klein, Brian Thistle and Fran Miron ABSENT: Tom Denaway, Mike Granger, CITY STAFF PRESENT: City Administrator, Mike Ericson, Community Development Director, Bryan Bear, and Planner, Rachel Simone. APPROVAL OF MINUTES FOR THE EDA MEETING OF JUNE 14, 2010 Klein made motion, Arcand seconded, to approve the minutes for the EDA meeting of June 14, 2010. All ayes. Motion carried. DISCUSSION ON LEASE REVENUE BONDS The City financed the City Hall and Fire Hall through the lease revenue bonding authority of the EDA. The EDA purchased and owns both of the buildings. The City has approved the refinancing the bonds. The new bonds will need to be transferred by a sale from the EDA to the City in order for the refinancing to occur. The new bonds called General Obligation Capital Improvement Bonds are scheduled to be sold by the City on July 19, 2010. Staff recommended approval of the enclosed bond resolution. Klein made a motion, seconded by Arcand, to adopt the bond resolution to transfer by sale from the EDA to the City. All aye. Motion carried. DISCUSSION ON COMMERCIAL DESIGN GUIDELINES The comprehensive plan discourages "big box" commercial buildings. The implementation portion of the plan states that the City should adopt an ordinance to limit building size in order to be consistent with the comp plan. The ordinance review committee (ORC) thought that large commercial buildings may be alright as long as they're designed correctly and instead of having an ordinance to limit building size, the same intent can be achieved with design guidelines. The EDA agreed with the ORC and stated that they would like staff to start working on design guidelines for the EDA's review. Staff made a presentation on design guidelines to get input from the EDA on the City having design guidelines. Miron talked about"big box" commercial building and that it is more about the design. Bever agreed. Thistle talked about the St. Anthony Village redevelopment project being a great development and it used design guidelines. Arcand stated the Festival Foods building would be considered a"big box" but looks great because of the design. t Miron talked about design standards adding cost to developers and businesses. He stated that the public may have a general feel on the "big box" building, but if designed correctly they can look nice, it's not just about the size. Thistle stated when the 170`x' and County Road 4 corridor is developed the City may want design guidelines for developers and business to follow. The EDA generally agreed that the goals of the EDA are services to the residents and encouraging businesses in Hugo. Four sided architecture, walls broken up by materials, and a variety of building materials were important to the EDA in regards to design guidelines. Also making sure the City is not discouraging a business to come to town by having design guidelines that are too strict was important to the EDA. Bever made a motion, seconded by Thistle, for staff to forward the information on the Planning Commission and make the same presentation to them. Also to recommend that the Planning Commission take charge of the design guidelines and bring a draft back to the EDA for its review. All aye. Motion carried. UPDATE ON BR&E IVIPLENIENTATION PROJECT TEAMS Staff updated the EDA on the BR&E implementation project teams and reminded the EDA that staff was making a presentation to the HBA on the team. The goal of the presentation is to start the discussion on the City's and the F1BA's roles in regards to implementation projects. Staff will update the EDA at its August meeting on the outcomes of the HBA meeting. UPDATE ON DOWNTOWN REDEVELOPMENT Staff updated the EDA on the progress of downtown redevelopment. Staff continues to work with the owners of the End Zone property on an assessment agreement to demolish the bar/restaurant building. Staff talked about the railroad abandonment process to construct the missing link in the regional trail system from the Hardwood creek trail to the trail on County Road 8. This is to be completed in 2012. Staff updated the EDA on the construction projects in the City going on during the summer. The construction information is also available on the City's website. UPDATE ON GLAMOS WIRE PRODUCTS RIBBON CUTTING Glamos Wire will be starting construction of their building addition this summer. They are scheduled to have a ribbon cutting and grand opening on October 15, 2010. The EDA was encouraged to attend this event. Klein made a motion, seconded by Arcand, to publish October 15, 2010, as an EDA meeting. All aye. Motion Carried. f ADJOURNMENT Klein made a motion, seconded by Thistle, to adjourn at 10:30 am. All Aye. Motion Carried. HCity of ugo 14669 Fitzgerald Avenue North, Hugo, MN 55038 (65 1)762-6300 www.ci.hugo.mn.us DRAFT LETTER ONLY FOR DISCUSSION July 22, 2010 Brian Zeller Greystone Commercial RE: Ricci's property Forest Blvd. N. Dear Mr. Zeller, As you know, the City of Hugo's Economic Development Authority and City Council are interested in encouraging and assisting in the demolition of the vacant Ricci's building, which suffered damage due to a fire several years ago. This issue has been discussed by the EDA at its August 9, 2010 meeting, and the Hugo City Council at its August 16, 2010 meeting. They have authorized me to send this letter, offering the following: • The City recognizes your intention to sell the property. To the extent possible, the City will assist you in marketing the property, and will direct potential buyers to you or your real estate agents. • The City has made an investment in improvements to the intersection that benefits this property. The imrrovements include construction of a new traffic signal, and reconstruction of 147` Street and TH61. The improvements will be complete this construction season, and the City does not intend to levy any assessments against the property for these improvements. • The Washington County Sheriff's Office, and the City's Fire Department have expressed interest in conducting a training exercise inside the building before it is demolished. If there is an advantage to you in donating the building to the City for this purpose, it will be accepted by the City. • Once the building is demolished we understand that redevelopment of the site will eventually follow, and an application will be submitted to construct one or more buildings on the property. The City has created a Tax Increment Financing (TIF) District that includes this property, for the purpose of encouraging new development. The City will consider granting TIF funds toward the redevelopment of qualifying project. • The City recognizes the site constraints existing on the property related to its size, shape, access, and location at the intersection of TH61 and 147t" Street. The site constraints may limit your ability to maximize the development potential of the site. The City will consider reasonable flexibility under the zoning code to allow for redevelopment of the property, and may consider adjustments to the parking, setback, height or other zoning requirements through the variance approval process. • The City has reviewed the site from a stormwater management perspective. Partly because of infrastructure already installed by the City, the City will not require the construction of retention ponds or the installation of water quality treatment measures that may typically be required. The City cannot waive the infiltration requirements for the site. The City will work with you toward a cost-effective design and location of any requirement infiltration measures, and we will assist in obtaining grant dollars toward the installation of a qualifying infiltration system. Obviously, the City and the property owner have many of the same interests concerning economic development within downtown Hugo. Please contact me at 651-762-6320 at your earliest convenience to discuss arrangements for demolition of the building. Sincerely, Bryan J. Bear Community Development Director c: Honorable Mayor and Council Economic Development Authority Mike Ericson FOR Re-Development Opportunity GAUGHAN C O M P A N I E S Forest14583 & 14559 Blvd, Hugo, Minnesota 55038 Commercial • • '6 PRIME COMMERCIAL LOCATION DOWNTOWN HUGO • Great Re-Development Oppor- tunity in Downtown Hugo • Commercial Lots on Hwy 61 • Traffic counts of 16,300+ • • Site has 125 ft lakeshore on Egg Lake lay I 'MM ! � e TOTAL LAND AREA #1 .71 Acres/31,176 SF #2 .64 Acres/27,940 SF Total 1.35 Acres/59,116 SF ' ZONING s o .� F 3 ", ..'' �:_a••� "d y S CI-Central Business District TAXES Site#1 (3 PID's) $11,183 Site#2 (2 PID's) $13,994 For more information please contact. LIST PRICE George Novak Julie Nash Smith #1 $320,000/ $10.00 PSF (Approx) 651-255-5556 651-255-5552 #2 $279,000/ $10/00 PSF (Approx) Gaughan Companies nor their respective officers,directors,employees and agents make any representation W W W.G A U G H A N C O M P A N I E S.C O M or warranties of any nature as to the accuracy or the completeness of this property fact sheet. If you have interest in the subject property,it should be independently verified. GAUGHAN COMPANIES.56 E BROADWAY,SUITE 200.FOREST LAKE,MN 55025.PH:651.464.5700.FX:651.464.5757 14601 Ramsey Boulevard CONNEXUS" Ramsey,Minnesota 55303 ENERGY 763.323.2600 Fax:763.323.323. 2603 1.800.642.1672 www.connexusenergy.com Your Community Energy Partner info@connexusenergy.com August 3, 2010 Mr. Bryan Bear Community Development Director City of Hugo 14669 Fitgerald Ave N Hugo, MN 55038 Economic Development Assistance Dear Mr. Bear: If you're looking to attract new businesses, Connexus Energy can help. To encourage economic growth, we are offering a five-year discounted rate to new or expanding large electrical users. This is an opportunity that will only be available for a limited period of time. We're optimistic this added incentive to qualifying new and expanding businesses will create additional jobs in your area. Connexus Energy also offers an expansive portfolio of energy-efficiency rebates. The rebates provide capital upfront to offset the incremental expense of installing high-efficient equipment. Combined with rate assistance, these benefits may help convince potential new businesses to move to your area. We understand confidentiality can be a concern when negotiating with a prospective new company. When you ask for our assistance, we are willing to enter into a confidentiality agreement to keep others from finding out about your economic development opportunity prematurely. We're here to help. We welcome the opportunity to work together with you on your next project. If you would like Connexus Energy's assistance in attracting businesses to your area,please give us a call. Sincerely, I 1 an Burandt Duane Arens Manager, Coordinator, Business&Community Relations Community&Economic Development 763.323.2785 763.323.2719 STAR TRIBUNE EXCLUSIVE Y ON LY IN YOU R SU N DAY PAPER SURGE IN SENIORS WILL RESHAPE STATE Look no further than Roseville for a glimpse of our graying future By MARY JANE SMETANKA' smetan@startribune.com JJoyce and John Goedeke were in their 70s when they left the Roseville home they had occupied for almost 50 years and moved into a senior co-op. John died last year, and Joyce no longer drives. But everything she needs—restaurants, a clinic, dentist, grocery store, pharmacy, dry cleaners, bakery and more— is within a 10-minute walk of her apartment at Greenhouse Village on Larpenteur Avenue. If she needs to go further, the bus stop is just half a block from her front door. "It's wonderful," she said of the place she now calls home. Luck and planning have positioned Roseville well for its graying future. It's a place where nearly one in four residents is over 64, giving it the oldest population in the Twin Cities and making it one of the five oldest U.S. cities outside the Sun Belt. Yet even as it ages gracefully, Roseville is facing new strains and dilemmas: City officials worry about attracting young families, funding services for seniors and making sure that elderly residents are safe in their homes. Those challenges will soon turn up all across Minnesota, as the state races toward the same silverhaired fate. The number of Minnesotans over 64 will double by 2035. The number in their 80s will grow even faster. By 2020, for the first time in the state's history, pensioners will outnumber schoolchildren. "It's going to affect everything," said Tom Gillaspy, the state demographer. "Big shifts are occurring, and things that have never happened before in this country." Will Minnesota be ready? Imagine a state where retirees reject school referendums to protect their limited incomes from higher property taxes. Where big houses stand vacant in third-ring suburbs. Where communities raze schools instead of building them —and devote the space to senior apartments. Where nursing home costs crowd out road construction and higher education on the state's list of priorities. When Craig Klausing was growing up in Roseville in the 1960s, the city swarmed with children. "There were streams of kids at houses on Halloween. It was almost like, 'Take a number,' " said Klausing, who is Roseville's mayor today. "Now if we have 10 or 20 kids we think we've had a good night on Halloween." Today Roseville has more residents over age 75 than under age 10. The city has converted part of a school into a senior center. The city newsletter to residents is printed in large type. There's one high school instead of two, and the number of schools has dwindled from 16 to 10. Flipping through the member directory at the Church of St. Odilia, parishioner Roger Toogood points to pictures of white-haired widows and older couples. "This used to be full of pictures of families," he said. Just inside St. Odilia's front door are wheelchairs and walkers, ready for use. More than half of the church's nearly 3,200 households are age 55 or above. "We are the oldest we've ever been," said the Rev. Phil Rask. " St. Odilia's new priorities, set in consultation with members, include some radical possibilities: hiring a nurse to help parishioners find medical and social services; starting a senior day care service; and converting a vacant eightbedroom residence on church grounds into a hospice. Rask thinks the church will draw a younger congregation as local homes turn over, but he accepts where St. Odilia is now. "We have to talk to these people and ask what they need, not what we think they need," he said. At Roseville's southern edge, the Rev. Dave Smith of Rose Hill Alliance Church takes a similar view. His congregation of 250 includes a vital group of seniors who literally built the church with their own hands in 1967. While the church is becoming increasingly diverse—there are young members from Vietnam, Liberia and Singapore, a growing Latino membership and a monthly service in Japanese— Smith said seniors are at the heart of Rose Hill's identity. "This group is not old and cranky," Smith said. "They are old and wonderful. They model Christianity for us: This is how to grow old." A few years ago, when the number of funerals began to exceed the church's volunteer capacity, congregants devised a solution. New members get a letter welcoming them to a "hospitality group" that takes turns helping with funerals. If members can't supply a salad or cookies, they can help with setup, cleanup, serving or make a donation. "If you can't bring a salad," Smith said, you can send $5." For almost 20 years, the church's Forever Young group has run programs for seniors. Nestor Korpi, 82, is the only living member of the founding committee. "We're all getting older," he said. "I don't know if we'll go on next year." `Grandparent scams' Churches aren't the only institutions that must adapt as a community grows older. Just ask the people who drive Roseville's squad cars and firetrucks. The Roseville Fire Department will install smoke detectors for seniors and change batteries, too. "We don't want them climbing on a ladder or chair and falling," said Fire Chief Tim O'Neill. "They spent their entire life paying property tax in Roseville ... and now they're getting the payback." Last year, the department responded to 282 calls for"lift assists" to get fallen elderly or disabled residents back on their feet or into bed. While there, fire personnel evaluate homes for safety and try to draw information from a generation that often protects its privacy. In the future, O'Neill said, "society is going to need to be a little more patient. [Seniors] don't want to be rushed, they don't want to be told what to do, and they want their opinions respected." Roseville police, for their part, have dealt with several "grandparent scams" —strangers calling on the phone, identifying themselves as grandchildren and asking for wired money—and fly-by- night tree trimmers and repair people who cheat vulnerable seniors. The department conducts seminars on issues such as ID theft and scams. Roseville's large senior population has created little tension at city hall, Klausing said. The city's residents, who tend to be highly educated, have never turned down a school referendum. Active seniors are a volunteer powerhouse . Eight of 12 volunteers who patrol Roseville parks are seniors. So are many of the city's block captains. Some have been on the job for 30 years. "They are our eyes and ears," said Sarah Mahmud, the police department's community relations coordinator. Though some senior housing developments drew opposition, skeptics focused on issues such as traffic and loss of open land, not the age of the occupants. And amenities sought by seniors, like more walking trails and good parks, also appeal to young families, the mayor said. Housing assumptions Nonetheless, an aging population can place strains on a city's housing stock. Many of Roseville's 7,635 residents who are 65 and older are longtime residents who want to stay close to friends and churches. They are people like Roger and Marlys Toogood, who since 1959 have lived in three homes in a six-block area of Roseville. Roger Toogood, 76, is retired executive director of the Children's Home Society of Minnesota. In the 1990s, Toogood served on a city task force that looked into the future—and guessed wrong. The group thought that as homeowners aged, they would vacate the city's 8,500 single- family homes for senior citizen housing and be replaced by young families with kids. "What we didn't figure out is that a lot of the homes are single level and that if seniors wanted to stay, they could," Toogood said. Said Klausing: "All they had to do was get the washer and dryer to the first floor." Between 1990 and 2000, seniors were the fastest-growing segment of Roseville's population, some of them coming from outside the city's borders. With just 34,000 residents, Roseville has four nursing homes, three assisted-living facilities, and eight co-op, condo or apartment buildings for seniors. "It wasn't a conscious strategy," Klausing said, adding: "How do we strike a balance between meeting demand for[senior housing] and not becoming just a retirement community?" Roseville's new comprehensive plan cautions against an oversupply of age-restricted housing, and the city has tried to attract younger families by promoting its schools and park system. It offers seniors guidance on making their homes more saleable and shows potential buyers how easy it is to remodel or expand a rambler. But Klausing says success is mixed. Homes that were considered spacious in the 1960s may look cramped to today's buyers. "It's difficult to attract people who are looking for five bedrooms and four bathrooms," Klausing said. "Our best chance is to attract people who realize the transportation cost-benefits of our location." Lisa Edstrom, associate director of the University of Minnesota's Center on Aging, said cities have few models to look to as they try to adapt for an older future. She lives in Roseville and is on the school board. One of Edstrom's neighbors died at 101 —still living in his own home. "We've made a lot of assumptions about how people will age and what cities will look like, but we didn't expect ... to have people living until 100 and still be in their homes," she said. Marion Fogarty, 80, is one of those seniors who moved to Roseville for the very amenities the city is selling. After 45 years of life on farms and in small towns, she left Belle Plaine for Greenhouse Village because she wanted more in retirement than a small town could offer. She has attended concerts at Orchestra Hall, taken Elderhostel trips and is nearer her son and grandchildren than she was in Belle Plaine. "If I didn't go to church, there wasn't much else to do," Fogarty said. "I had to drive 20 miles one way to see a movie. I looked at a lot of places but I liked this location." Homebound "Senior" doesn't quite cover the reality of an aging community, St. Odilia's Rask said. There's old, he said, and the"oldest of the old." It is those truly old residents—many of them frail, homebound and living alone—who can place the greatest strain on the community's ability to adapt. A single fall, illness or trauma like loss of a spouse can push an 80-year-old from independence to isolation. Toogood has seen it firsthand, often when a husband dies and his widow stops coming to church because she doesn't drive. Often it is active retirees like the Toogoods—who give blood, serve on church and city planning groups, and deliver Meals on Wheels—that help the community care for the vulnerable old. Yet volunteers can fill only part of the gap. Parishioners at St. Odilia have taken it upon themselves to help those who need a ride to a church lunch or service. But finding those at risk of becoming homebound requires special effort. Last year, Roseville's senior program at Fairview Community Center had 14,500 contacts with seniors—everything from people who came to play cards to people who needed Meals on Wheels, a visiting nurse or a chore service. Now, 148 seniors are receiving Meals on Wheels through the Roseville program, said Janell Wampler, senior program coordinator. The program delivers nutritious meals to homebound seniors, but it also acts as a safety check for people who want to stay in their homes despite infirmities. Wampler said that's often a cheaper alternative than having them in a senior residence. The $350,000 budget of Roseville's senior program, however, has not kept pace with demand, and the staff is smaller than it was four years ago. Karen Schaub, public relations director for the Roseville schools, said a better-publicized and funded program "could double the number we're serving." For the first time, the center is discussing the possibility of instituting a membership fee. As Minnesota ages, Edstrom said, more cities will be facing choices like those in Roseville. "We set up social structures around the assumption that people would live maybe 10 years past retirement," she said. "That's just not the case today. People are living longer, some of them with chronic disease. ... "It's unprecedented. We really haven't faced anything like this before." Mary Jane Smetanka'612-673-7380 Photos by RICHARD TSONG-TAATARII , rtsong-taatarii@startribune.com At St. Odilia's, Roy Cade, 92, left, and his wife, Margaret, 88, and Roger Toogood, and his wife, Marlys, both 76, give the sign of peace and love. The Shoreview congregation is home to many Roseville families. At the Greenhouse Village club room, Marion Fogarty, 80, far left, stretched during a class. Fogarty chose the village because her hometown of Belle Plaine was too far from cultural activities and the airport. RICHARD TSONG-TAATARII ' rtsong-taatarii@startribune.com At Greenhouse Village, from left, clockwise, Shirley Oczak, 75, in the green shirt, Gladys Nelson, 84, Ruth Weyandt, 83, and Mary Connolly, 86, played pinochle. The women get together twice a week in the club room. The senior co-op, in Roseville, is close to restaurants, shopping and the bus line. sas-b,r�y Sec. 90-324. - Park dedication. In order to develop a system of parks within the community to serve the public's health and recreational needs, ten percent of the net buildable acreage (total acres minus wetlands and floodplain acres) of all land subdivided for residential purposes shall be dedicated to the city as public parkland. The land so dedicated shall be subject to approval by the city council in accordance with the city's master park plan. At the city council's discretion, a parkland dedication fee may be accepted or required instead of land dedication. The parkland dedication fee shall be charged for each dwelling unit originated by the subdivision or development of any property in the city, not including any dwelling unit that may be in existence at the time of the adoption of the ordinance from which this article is derived, or which is subject to an approved development agreement with the city that includes a parkland dedication provision. A parkland dedication fee shall also be charged to commercial and industrial property pursuant to city ordinance. (Prior Code, § l21 -040.l) Parkland dedication: Commercial and industrial $2,400.00 per acre Residential $2,400.00 per unit -P roposed CITY OF HUGO AN ORDINANCE RQUIRING PARK DEDICATION WITHIN THE CITY OF HUGO, MINNESOTA THE CITY OF HUGO ORDAINS: SECTION 1. The City Council of the City of Hugo does hereby amend Chapter 90, Section 90-324 Park Dedication to the following: Sec. 90-324. Park Dedication. (a) General Dedication Standards In order to develop a system of parks within the community to serve the public's health and recreational needs, a percentage of the net buildable acreage based on the density of all land subdivided for residential purposes shall be dedicated to the city as public parkland. The following formula will be used to determine the dedication requirement where a land dedication is required: Density Percentage of Land to be Dedicated (of the buildable land) 0-3.99 units per acre 10% 4.00-5.99 units per acre t l% 6.00-7.99 units per acre l3% 8.00-9.99 units per acre 15% 10.00 > units per acre 17% The land so dedicated shall be subject to approval by the city council in accordance with the city's Comprehensive Plan for parks. At the city council's discretion, a parkland dedication fee may be accepted or required instead of land dedication. The parkland dedication fee shall be charged for each dwelling unit originated by the subdivision or development of any property in the city, not including any dwelling unit that may be in existence at the time of the adoption of the ordinance from which this article is derived, or which is subject to an approved development agreement with the city that includes a parkland dedication provision. (a) Appeal Process The parkland dedication fee is presumptively appropriate. The parkland dedication fee may be appealed before final plat and calculated as follows: The percentage of land to be dedicated will be multiplied by the fair market value of the net buildable acreage. The fair market value may be based upon a current appraisal submitted to the city at the developer's expense. The appraisal shall be made by appraisers who are approved members of the SREA or MAI, or equivalent real estate appraisal societies. If the city disputes such appraisal the city may, at the developer's expense, obtain an appraisal of the property by qualifies real estate appraiser, which appraisal shall be conclusive evidence of the market value of the land. If the city receives written notice of a dispute over the parkland dedication fee before approval of the final plat, the developer shall pay the fee into an escrow account pending a decision of an appeal of the fee. [fan appeal is not filed within 60 days following approval of the final plat, or if the person aggrieved by the fee does not prevail on the appeal, then the funds paid into escrow must be transferred to the city. SECTION 2. Severability. In the event that a court of competent jurisdiction adjudges any part of this Ordinance to be invalid, such judgment shall not affect any other provision of this Ordinance not specifically included with that judgment. SECTION 3. Effective Date. This amendment shall take effect upon its passage and publication. ADOPTED BY THE HUGO CITY COUNCIL ON Fran Miron, Mayor ATTEST: Michele Lindau, City Clerk