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

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Townhomas of Rum River Hills Page 2 paragraph 7 describes the $8,400.00 payment requirement. (See attached 2/22/95 letter). No objection was received by the City regarding the $8,400.00 payment provision in this letter. On February 28, 1995, Final Plat approval of TRRH was given. (See attached 2/28/95 Council Meeting Minutes). The development agreement, including the $8,400.00 cash payment had previously been sent to Mr. Dorn in the Staff's 2/22/95 letter. Both Mr. Dom and Mr. Anderson were present at the February 28, 1995 meeting. Neither of them, at said Council meeting, voiced objection to the $8,400.00 payment. On May 2, 1995, Mr. Dom in a letter to city Administrator Ryan Schroeder requested a refund of the $8,400.00. It does not appear from the City TRRH"S file that this request was formally presented to the City Council. It should be noted that the trail along Highway 47 has not been constructed by the City as of this date. Observations: Paragraph 3.a. of the original 1984 Development Agreement speaks specifically of the Rum River Hills Plat. TRRH was a new plat. Based on said paragraph 3.a., the above sequence of events and the fact that the developer agreed to the $8,400.00 payment and entered into a legally binding contract with the city concerning this and other development matters, there is no legal basis to require refund of the $8,400.00. However, there is no legal prohibition against the City Council authorizing the refund. Recommendation: Staff recommends request. denial of the developer's $8,400.00 refund council Action: Motion to deny/approve Townhomes of Rum River Hills' request for a refund of its $8,400.00 park dedication fee paid pursuant to the February 28, 1995 Development Agreement. Review Checklist: Acting City Administrator Parks Supervisor Zoning Administrator Finance Director I ! I I I I I I I I I I I I I I I I I