Minutes - Council - 06/26/1990 - Laserfiche WebLink

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that subject area. Upon the recommendation of the Planning and Zoning Commission, he platted the property rather than splitting off a lot by metes and bounds. Since there were no extensive plans for platting, one lot was platted for Iron Works Gym and the rest was placed into Outlot and the park fee was waived in accordance with the agreement for the donation of right-of-way for County Road #116. Mr. Goodrich stated that he should be able to, at this time, complete the platting of the subject property under the same park dedication agreement for the donation of County Road #116. Mr. Greenberg stated that there is no question that in 1977, Council agreed to enter into right-of-way agreements for the extension of County Road #116 with affected property owners along that route and did waive the park fee, however the City has not been able to find those written agreements. Mr. Greenberg stated that he doesn't believe there were ever any written agreements entered into. Mr. Goodrich stated that a decision has to be reached regarding at what point has Mr. Greenberg been fairly compensated with the waiving of the park fees for the donation of County Road #116 right-of-way and how many times will he be allowed to re- subdivide under that previous agreement. Mr. Greenberg stated that with Gateway North Industrial Park Plat Four, the subject property which consists of 30 acres is divided into four lots and that is not an exorbitant amount of lots for park fee to be waived in exchange for the donation of fight-of-way for County Road #116. Mr. Greenberg stated that when County Road #116 was constructed, he paid a 10% + park fee in terms of land for the right-of-way; at this time park fee is only 5% on industrial property. Mr. Greenberg stated that he is working in a tight time frame and needs to get Gateway North Industrial Park Plat Four recorded and it cannot be recorded until the park dedication issue is resolved. Mr. Goodrich stated that the City is requesting that Mr. Greenberg place $8,000.00 in escrow for park dedication until the issue is resolved. Mr. Goodrich explained that how the City handles this particular property will set the pace for the rest of that property affected by the same agreement for right-of-way for County Road #116. Mr. Hartley stated that while Mr. Goodrich researches to determine how other property affected by the County Road #116 right-of-way agreement was handled, there are two options available for Mr. Greenberg. One is to provide some cash under protest in escrow for park dedication and the other option is for the City to take a mortgage on the property. Mr. Greenberg noted that there is already a mortgage on the property and Mr. Goodrich stated that the City could accept a Letter of Credit in lieu of park dedication. Motion by Councilmember Peterson and seconded by Councilmember DeLuca to permit the park dedication fee for Gateway North Industrial Park Plat Four to be satisfied temporarily by the developer depositing with the City a Letter of Credit in a form acceptable to the City Attorney in the amount of $8,000.00. Further, that said Letter of Credit will be on deposit with the City until a final agreement between the City and the Developer is made concerning the park dedication issue. Further discussion: Mr. Greenberg stated that he does not want to place a Letter of Credit with the City in lieu of park dedication and he wants to be able to record the plat and delay park dedication payment until this issue is resolved. Mr. Hartley summarized that Mr. Greenberg is asking the Council to let him record the plat without park dedication and maybe he will talk about park dedication in the future and maybe he won't. Mr. Greenberg stated that he feels the park dedication requirements have been met on the entire parcel. Councilmember DeLuca stated that he needs additional information before making a decision regarding how this case will affect other re- development along County Road #116. Councilmembers Peterson and DeLuca withdrew their motion. Mr. Greenberg stated that he can obtain witnesses to support that the intent was that park dedication would not be due on those properties that had donated right-of-way for County Road #116. Mr. Goodrich stated that it is recognized that there was an agreement regarding park dedication in the donation of right-of-way for County Road #116 but the issue at this time is the affect of that agreement on re-subdivision. Mr. Greenberg stated that the City's ordinance regarding park dedication requirements on re-subdivision was adopted after the agreement to waive park fee in lieu of County Road #116 right-of-way donation. Mr. Hartley noted that the re- subdivision of Gateway North Industrial Park came after that original agreement and after the City Council / June 26, 1990 Page 20 of 21