Agenda - Council - 02/22/2005 - Laserfiche WebLink

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inchtded providing the release for; right o£~a~ee*S and trail easements for the property owned by River's Bend l:foldings on the wost side °i' TH :47. In exchange, River's Bend Holdings would receive property for residential housing On the east side of Xkimo Street and south of 142"0 Avenue (immediately south of No. 1 pumping S!ation) and a waiver of the trail dedication fee. He noted the property already waS: releasediftom park dedication fees in the 1980 agreement, City Administrator Norman explained staff and the City Attorney have drafted a Development/?urchase Agreement for consideration. Rick Foster, representing River's Bend Holdings is in agreement with: the: terms. Staff would recommend authorization of the Development/Purchase Agreement and alloWing the City Attorney to complete the agreement and prepare the property for closing. : ~ City Attorney Goodrich explained: the 1999 apPraisal indicated an amount of $125,000 for taking away the right-of-access, which was six ~yearS ago. The current amount being discussed is $200,000 in kind and cash for this parcel. ~ ~ City Administrator Norman stated River's Bend Holding would also provide easement for the trail to link the property to the nOrth of the:Holiday Station store. In addition they are providing cash tbr the property, which the City will useto Pay the park and trail fees. Motion by Councilmember Cook, seconded by Councilmember Development/Purchase Agreement with River's Bend Holdings, LLC. Pearson, to approve the Further discussion: Councilmember Strommen expressed concern in trading parkland. She stated that the park not being used does not mean it is not of value to the City. Secondly, the park is used as a sliding hill in the winter, iShe asked if the Park Commission has weighed in on this. City Administrator Norman .responded in file negative. He stated this park is not designated as a sliding hill and staff considers that:a public safety issue because the sliding goes out into the street. Public Works Director KaPler noted:the! hill is a ways from the street, but Police Chief Way was concerned about other issueS. City Administrator Norman stated this issue has been hanging around for many years due to the history :of the site. Councilmember Strommen replied she appreciates the complexity and history of this, and believes the property owner needs to be compensated for the right-of-acceSs, but she iCannot support exchanging a park without the Park Commission weighing in. Also, the residents think they live next to a park and it will become a housing development soon. There are more ~things to do with this, and she cannot support this. Mayor Pro Tern Elvig' inquired about this:not 'being dedicated as parkland. City Attorney Goodrich explained a typical platdoes not alloW the City to sell the parkland, as it is held in trust for the public. The City Administrator has Said' he has advised him that this is not a dedicated park. This would mean~the City can sell the'land, unless it was deeded to the City subject to the use. It must be made absolutely certain that, this restriction is not included. Motion amended to approve the Development/Purchase Agreement with River's Bend Holdings, LLC, and contingent on the City land not being dedicated park or restricted parkland and subject to final approval of the City Attorney as to form 0f agreement. City CounCil/February 8, 2005 pa~ge 21 iof 30