Laserfiche WebLink
Cite Council Minutes <br />October 6, 2014 <br />Page 9 <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 anise 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 cM, 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 fail market value via an <br />appraisal. <br />INATUJARm'E <br />