Laserfiche WebLink
CASE <br /> <br />AMENDMENT TO SHOREWOOD RV DEVELOPMENT AGREEMENT <br /> By: Ryan R. Schroeder, City Administrator <br /> <br />Background: <br /> <br />In 1996, the City of Ramsey approved a development permit allowing for the <br />construction of the Shorewood RV dealership at T.H. #10 and Armstrong Boulevard. No <br />subdivision of property was required to facilitate the development and approve the site <br />plan. As part of the development permit, the City levied a transportation impact fee <br />against the property. At about this same time, the City of Eagan had been taken to court <br />over a somewhat similar impact fee. The City lost. They appealed and also lost. h~ the <br />decision which was handed down there was a differentiation between Charter and <br />Statutory cities. (Eagan is statutory.) There was also a differentiation between the <br />manner in which Eagan collects, records and spends the fee from the manner in which <br />Ramsey levies this fee. However, as a result of the evolving case law on the topic, <br />Ramsey and Shorewood agreed to allow for the escrow of the fee pending the result of <br />the Eagan appeal (known as the Country Joe case). <br /> <br />There is differentiation in all of this between simple site plan approvals and subdivision <br />of land. Staff will provide a case at your next meeting dealing with the issue of <br />subdivisions relative to transportation and other fees. The Shorewood RV example is <br />one, however, wherein the City Attorney is quite certain the City has no opportunity to <br />levy this particular fee (which is not automatically the case within the subdivision of <br />land...more on that in two weeks). As a result, it is the staff recommendation that the <br />Council provide for the return of the escorted funds to Shorewood RV at this time. In <br />that we have a development agreement with this provision, we ask that you direct the <br />amendment of that development agreement providing for the elimination of the fee. <br /> <br />Council Action: <br /> <br />Motion to direct the staff and City Attorney to amend the Shorewood RV development <br />permit to provide for the return of the transportation impact fee escrow. <br /> <br />Reviewed by: <br /> <br />City Administrator <br />City Attorney <br /> <br />CC: 04/08/97 <br /> <br />Ryan/Jo/SHR WD. DOC <br /> <br /> <br />