City Council Minutes 2001 12 04 - Laserfiche WebLink

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Louisville City Council Meeting December 4, 2001 Page 18 City Attorney Light reviewed the conditions of approval for Resolution No. 61, Series 2001 as follows: Condition gl, 4/2, and g3 will stand as written. Condition #4 will state: "The subdivision agreement shall include a provision establishing a public use fee in lieu of land dedication in an amount equal to 12 peent of the current fair market value of the property, as established by a Certified appraisal, prepared at the applicant's expense and which is acceptable to the City. Said fee to be paid prior to the issuance of any building permits for the property." Condition g5: "The McCaslin Interchange Fee, payable at the rate of $10,465.51, per gross acre, shall be paid prior in full prior to the first certificate of occupancy for the property, but in no event later than September 1, 2002." Condition g6: "The bicycle rakes at the Walgreen's shall be located to the front of the buiMing. " Condition g7: "The notes on the PUD shall be revised to reflect that auto service uses shall be revised to reflect that auto services uses shall not exceed a total of 3, 700 square J'eet. " Pedersen voiced concern that condition g4, reflects another appraisal at current fair market value. He asked if that gave the City latitude to reject another appraised value if it came in lower. Sisk stated that the fee could be based on the purchase price. Davidson stated that the ordinance specifically addressed the issue and if the appraisal is in error, Council will need to challenge the appraiser. Mayer stated that the intent is to get an accurate appraisal. Davidson asked City Attomey Light if he could develop language to address the issue. City Attorney Light stated that he could add language to the conditions. Davidson offered a friendly amendment that City Attorney Light will develop language that will insure a correct appraisal. Pedersen suggested that the appraiser be asked to substantiate the appraisal. Light reiterated that the language will appear in the subdivision agreement, so there will be a contract between the City and Subdivider, that will discuss how the cash in-lieu of payment is made. He stated his disagreement with a provision that provides discretion from the City to accept and direct any appraisal until they find one that is liked. The question of acceptable is based on the criteria of whether or not the fair market value is 18