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included providing the ~release for fight: o~a~edeSs and trail easements for the property owned by <br />River's Bend Iqoldings on the W~st Side 6f ~;47. In exchange, River's Bend Holdings would <br />receive property for residential': housi~ngi0~ith~ :east side of Xkimo Street and south of 142nd <br />Avenue (immediately south of NO. 1 Pumping !Station) and a waiVer of the trail dedication fee. <br />He noted the property already wa~! released!fro.~; Park dedication fees in the 1980 agreement. <br /> <br />City Administrator Norman e~Xplainedi :staff and the City Attorney have-drafted a <br />Development/Purchase Agreement for~co,n§idemtion. Pick Foster, representing River's Bend <br />Holdings is in agreement withi the terrhs, i iStaff would recommend authorization of the <br />Development/Purchase Agreeme-~t and ~li0~g.the City Attorney to complete the agreement <br />and prepare the property for cl°sifig. <br /> <br />City Attorney Goodrich explaine~ the i999 apPraiSal indicated an amount of $125,000 for taking <br />away the right-of-access, which;iwas .siX!3;~ars ~ago. The current amount being discussed is <br />$200,000 in kind and Cash for thisiparCel. <br /> <br />City Administrator Norman state{tlpiver!$ BendlHolding would also provide easement for the <br />trail to link the property to the north °f;th* ti°li~ay Station store. In addition they are providing <br />cash for the property, which the' City Will uselt0 'r a <br /> ~ ~ p. y the park and trail fees. <br /> <br />Motion by Councilmember CO;k, .s. eeo~ded by Councilmember Pearson, to approve the <br />Development/Purchase Agreemel~t with Pi?¢r'-s Bend Holdings, LLC. <br /> <br />Further discussion: C°uncilme~il~er Strommeh expressed concem in trading parkland. She <br />stated that the park not being uS.".~ doe~ ~ot rn~an it is not of value to the City. Secondly, the <br />park is used as a sliding hill in ~ winter; !She ~ked if the Park Commission has weighed in on <br />this. City Administrator Norman~tespondeflinthe negative. He stated this park is not designated <br />as a sliding hill and staff considers that a pj~bli, c ~safety issue because the sliding goes out into the <br />street. Public Works Director ~ple? notCd!~ hill is a .ways from the street, but Police Chief <br />Way was concerned about other!i~ssUes: CitY :'Administrator Norman stated this issue has been <br />hanging around for many years due to the h~st0rY: of the site. Councilmember Strommen replied <br />she appreciates the complexity ahd his~to~, ofitlfi~"s, and believes the Property owner needs to be <br />compensated for the fight-of-ace%s, bUt Shei:e~ot support exchanging a park without the Park <br />Commission weighing in. Also~ the residents thi.'nk they live next to a park and it will become a <br />housing development soon. There are mom things to do with this, and she Cannot-support this. <br />Mayor Pro Tem Elvig. inquired iabOut thisl;not: being dedicated as parkland. City Attorney <br />Goodrich explained a typical pla~does not ~ilOw~ the City to sell the parkland, as it is held in trust <br />for the public. The citY Admin~trat~'-has saidhe has advised him that this is n°t a dedicated <br />park. This would mean the City ~.an s~:ll the!~larid., unless it was deeded, to the City subject to the <br />use. It must be made absolutely e~rtain~ that. rials restriction is not included. <br />Motion amended to approve the Development/P~rchase Agreement with River's Bend Holdings, <br />LLC, and contingent on the City !and'nOt-being dedicated park or restricted parkland and subject <br />to final approval of the City Attorney' aS to form of agreement. <br /> <br /> C-!ty Couil'~eil/F~brnary 8, 2005 <br /> <br />P61 <br /> <br /> <br />