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#02-2843 <br />October 25,2002 <br />Page 2 <br />Potential need to construct Highway 12 trail within propert>' <br />ISSUE: Our discussions with MnDOT some weeks ago suggested they will not <br />approve construction of a trail in their right-of-way. It would have to be located <br />within the property. Staff has suggested we obtain an easement along the south <br />10' of the property for the trail, ‘just in case’. Applicants don’t want this due to <br />probable proximity to treatment rooms. The issue relates to how this affects the site <br />layout and whether buyers will want to reduce the price because of the easement. <br />Staff Recommendation <br />It is crucial to the City ’s plan for a trail along Hwy 12 that we have the ability to use <br />property along Hwy 12 for a trail. If using Mn/DOT r-o-w is problematic, we need <br />to obtain an easement over the dental office property, and this is the time to <br />accomplish that. <br />Public sidewalks and trails constructed within the property' <br />ISSUE: Public sidewalks will be located partially within the property and partially <br />within the Kelley Parkway right-of-way. The City should obtain an easement over <br />the portion of sidewalk outside the r-o-w, as it will ser\'e the public. Buyers have <br />suggested that if they have to give an easement for the sidewalk or have it within the <br />property, the purchase price should be reduced to reflect this. <br />Staff Recommendation <br />A developer is responsible for meeting the requirements of the City regarding trails <br />and sidewalks. If *he applicant was purchasing this property from a private party, the <br />amount of land needed for trails and sidewalks would not be eliminated from the total <br />size of the lot when calculating the cost of the lot. The Dahlstrom development is <br />providing r-o-w for sidewalks and trails, as well as a public street. The City is not <br />paying for this r-o-w. The city should not reduce the price of the land to reflect the <br />trail and sidewalk easements. <br />Likewise, the City should calculate the acreage-based development fees (sewer and <br />water connection fee, storm water and drainage trunk fee) on the gross acreage of the <br />site not exclusive of easements.