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

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property does go tax forfeit, there is the possibility of at least collecting some if not all of the outstanding assessments if and when the property would be auctioned. Councilmember Haas Steffen expressed concem about maybe the City being responsible for this land not being "saleable" (because of no access). Attorney Goodrich offered that a committee of the Mayor, City Attorney, MnDOT and a representative of this property meet and report back to Council. Case #6: Townhomes of Rum River Hills Park Dedication Fee Refund Request City Attorney Goodrich explained that pursuant to a Development Agreement, dated February 28, 1995, the City collected an $8,400 park dedication fee from the developers of Townhomes of Rum River Hills. Mr. Dom, one of the developers, is requesting that the City return that money. The developers argue that the park dedication fee should have been waived. The City took the position that when the PUD was approved, Council knew it was approving single family homes 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. Mr. Dom verbally agreed to pay the $8,400 in lieu of trail dedication. At the December 13, 1994 Council meeting, the preliminary plat approval was granted and the $8,400 was discussed. Mr. Dom was present and raised no objection. The customary plat review letter was sent and the $8,400 payment was described in the letter - no objection was received from Mr. Dom at that time either. Final plat was given to the Townhomes of Rum River Hills on February 28, 1995. Both Mr. Dom and Mr. Anderson were present at that meeting. Neither of them voiced objection to the $8,400 payment. On May 2, 1995, Mr. Dom requested, via letter to Mr. Schroeder, a refund of the $8,400. It appears this request was not formally presented to Council. Mr. Goodrich observed that the trail along Highway//47 has not been constructed by the City as of this date. He stated there is no legal basis to require refund of the $8,400, however, there is no legal prohibition against the City Council authorizing the refund. Mayor Gamec stated his feeling is different from that of the City Attorney. He felt there should not be park dedication on this property. Councilmember Haas Steffen felt that the City reneged on a promise. Councilmember Zimmerman felt that the lack of collecting a park dedication fee on the golf course was an agreement made with the developer and that is understandable. However, residents of townhomes would use parks, therefore, a park dedication fee should be charged. Councilmember Beyer commented on the exchange of money for construction of a trail. Motion by Councilmember Haas Steffen and seconded by Councilmember Beyer to approve Townhomes of Rum River Hills' request for a refund of its $8,400 park dedication fee paid pursuant to the February 28, 1995 Development Agreement. City Council/October 14, 1997 Page 8 of 15