Agenda - Council - 10/14/1997 - Laserfiche WebLink

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I ! I I I i I CASE NO. TOWNHOMES OF RUM RIVER HILLS PARK DEDICATION FEE REFUND REQUEST By: William K. Goodrich, city Attorney Background: Pursuant to a Development Agreement dated February 28, 1995 the City collected an $8,400.00 park dedication fee from the developers of Townhomes of Rum River Hills ("TRRH") (said Development Agreement is attached). These developers were Gorham Builders, Inc., Thomas N. Anderson, Paula E. Anderson, Wilbur F. Dorn'and Jacqueline A. Dorn. By his September 23, 1997 correspondence and previous correspondence to the City, Mr. Dorn, on behalf of the developers, is requesting that the City return the $8,400.00. His arguments are presented in his September 23, 1997 correspondence, copies of which you have each received and which are not herein duplicated. In essence, the developers argue that because of paragraph 3(a) of the original 1984 PUD Agreement for the Rum River Hills Plat, the park land dedication for TRRH should have been waived. The City in 1994/95 during the platting process of TRRH took the position that, in 1984 when the PUD was approved, the Council knew it was approving single family homes only, and that if higher density replats were approved in the future for the PUD outlot, such replatting would require consideration of an additional park dedication fee. (See attached 11/1/94 memo from S. Frolik to Mark Boos and paragraph 3.a. of the 1984 Development Agreement). In the early review process of TRRH's proposal the City and developers discussed the dedication of a trail along St. Francis Boulevard (see paragraph 8 of Staff's 10/27/94 attached letter to Dom). Developers were interested in this proposal (see attached handwritten memo from Mark Boos reporting on his 11/9/94 meeting with developers). Mr. Dom not only agreed, but requested trail construction along St. Francis Boulevard in lieu of the $8,400.00 payment. The Park Commission recommended trail construction. (See Park Commission Minutes dated 11/10/94). On November 29, 1994, Mr. Dom verbally agreed to pay $8,400.00 in lieu of trail dedication. (See attached 11/29/94 memo of Dorn/ Frolik conversation). See the attached meeting notes of 11/21/94 with Mr. Anderson and city Staff where the trail issue and the $8,400.00 was discussed. On December 13, 1994, the Council granted preliminary plat approval. The $8,400.00 payment was discussed, Mr. Dorn was present and there was no objection to the $8,400.00 payment. (See attached council 12/13/94 meeting minutes). On February 22, 1995, Staff sent its customary plat review letter to Mr. Dorn which in