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i 61490.1 <br />: <br />\ <br />TO: Mayor and City Council <br />FROM: Mark E. Eernhardson, City Administrato <br />DATE: August 6, 1990 <br />SUBJECT: Park Dedication <br />A <br />Attachment :A. C. E. VanEeckhout Letter Dated 4/25/90 <br />B. Park Dedication Memo Dated 4/6/90 <br />C. Draft Response to Mr. VanEeckhout <br />D. Park Dedication Fee Implementation Process Draft <br />E. Resolution #1252 - Park Dedication Fund Dated <br />2/23/81 <br />ISSUE - <br />1. Presentation to Council regarding objections to Council's <br />adopted ordinance by Mr. VanEeckhout. <br />2. Allow Council to determine what action, if any, they want to <br />take based on those objections. <br />INTRODUCTION - Mr. VanEeckhout's objections were transmitted to <br />the City Attorney's office. These issues were discussed by the <br />Attorney's office with him and reviewed as to their legality. <br />DISCUSSION - Mr. VanEeckhout raises three specific issues as -o <br />legality of the following: <br />1. Obtaining a park dedication from land previously <br />subdivided. <br />2. Use of park dedication fees for development or <br />maintenance. <br />3. How directly must a cash in lieu of land contr ibu , <br />be related to that subdivisions impact of the p-i' , <br />system? <br />Additionally he raised the issue of adopting a Park Needs <br />Assessment prior to an ordinance. <br />The issue that is most sensitive legally is the one for <br />previous-V subdivided property paying a dedication. This also <br />does pi. nt substantial problems i;. determining for each permit <br />which t.ubdivision paid and which ones haven't and also <br />determining the pre-development value of something that <br />subdivided over 20 years ago. The other two areas questioned in <br />the ordinance have adequate legal foundation although the term <br />maintenance should be refined. <br />Additionally the Attorney recommended adoption ofi.the following <br />additional languauge in Attachment D. '' 'Arw