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City Council <br />Meeting Minutes <br />November 3, 2014 <br />Page 5 of 18 <br />Council member Lipton stated the 2013 appraisal is 18 months old and the current <br />market value is closer to the 2014 sale value. He felt it was a matter of fairness to other <br />applicants who come forward with proposals. Planning and Building Safety Director <br />Russ confirmed the selling price was a six -fold increase, but stated there is nothing in <br />the land, which has changed between the 2013 appraisal and the 2014 sale. <br />Council member Lipton suggested as a matter of policy there should be a more recent <br />appraisal and the same standard should be applied to other applications. <br />Mayor Pro Tem Dalton suggested if the sale price was $1,050,000, that amount should <br />be calculated for the land dedication. <br />Council member Loo asked Planning and Building Safety Director Russ if precedence is <br />being set by the park land inclusion as part of the fee in lieu of public dedication. <br />Building Safety Director Russ stated a similar land dedication was made by the Tennis <br />Center. They provided a trail along the railroad and the trail improvement in lieu of a fee <br />for land dedication. <br />Council member Stolzmann stated she was uncomfortable with the part of the land <br />dedication component. She addressed Chapter 16 of the LMC relative regarding land <br />dedication which defines what capital contributions can be accepted in payment. She <br />stated detention ponds and areas left open in the development cannot be used for <br />dedication. She stated the 50' from the mine does not meet the requirements for <br />dedication. Planning and Building Director Russ explained the 50' buffer comes back to <br />the homes and the public land dedication begins at the sidewalk. He explained it is not <br />the entire 50'. He confirmed per Chapter 16 that wherever there are roads or public <br />infrastructure those cannot be counted for public land dedication. The City Council can <br />choose to accept public land dedications however staff is guided by land <br />unencumbered. <br />Council member Loo stated the HFAB did not have the benefit of the historic aspects of <br />the park. They saw the landscaping plans and were concerned the proposal was an <br />intensive small landscape plan, which would be a private park for the residents. They <br />preferred to have the payment in lieu fee instead of maintaining the property in the <br />future. <br />Council member Stolzmann stated she looked forward to the applicant's presentation. <br />She was very impressed with the quality of the application. <br />Council member Lipton addressed the appraised value in 2013 and stated it is a matter <br />of policy. He felt the appraisal should be more current and stressed the importance of <br />being consistent. Planning and Building Safety Director Russ explained when the <br />application was received the appraisal was current. Concord Properties went through <br />an entire review process with the Historic Preservation Commission, but sold the <br />property before going through the Planning Commission process. The new owner had <br />