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City Council Minutes Page 9 <br /> October 6,2014 <br /> to set aside the residential, commercial, and industrial fees in the fee schedule <br /> ordinance until the Parks Master Plan is completed. He stated city ordinance requires <br /> a 10%park dedication requirement and if the city deviates from that amount,there <br /> should be a nexus as to why it is requiring additional park dedication. He stated the <br /> way the ordinance is written, the park dedication fees collected are based on fair <br /> market value and these numbers no longer match. <br /> Mr. Barnhart stated he is recommending the Council eliminate the fees from the fee <br /> schedule and only apply the 10%value imposed by Section f of the park dedication <br /> ordinance in the City Code. <br /> Mr. Barnhart noted this change would apply to five current projects and any new <br /> subdivisions that may come forward. He further stated he wouldn't normally bring <br /> this type of request forward until he had further analysis but this one was alarming to <br /> him due to the discrepancies with what the city currently charges versus what it <br /> should be charging. <br /> Mayor Dietz noted this change would create a severe impact to the Park Dedication <br /> Fund. He questioned if staff discussed this item with the Parks and Recreation <br /> Commission. <br /> Mr. Barnhart stated he talked to the parks and recreation director. He stated it is a <br /> large impact but expressed concerns with any lawsuits that could arise due to the <br /> current fees charged. He discussed the examples outlined in his staff report. <br /> Mayor Dietz questioned if the 10% requirement is in state law. <br /> Mr. Barnhart stated he doesn't believe it is in state law but noted that 10%is a <br /> generally-accepted value by the development community. <br /> Councilmember Motin questioned why this is coming to Council now when a new <br /> formula will be reviewed shortly. He questioned if the city could tell developers we'll <br /> hold off on having them submit the full fee until the new plan is adopted. <br /> Mr. Barnhart stated it creates more challenges to the city noting that once a plat is <br /> released the city tends to lose leverage with the developer. He stated he is not <br /> comfortable releasing a plat without full payment of fees. <br /> Mayor Dietz stated developers would work with staff if they know the numbers <br /> might be reduced. He further stated he wants to make sure the park dedication fee is <br /> fully vetted with the parks department and the commission. <br /> Mayor Dietz stated the city utilizes the county value,which tends to be low,and <br /> questioned if it would be better of the city obtained fair market value via an <br /> appraisal. <br /> P O w E R E U 9 1 <br /> 1`4 f U <br />