City Council Minutes 1998 03 31 - Laserfiche WebLink

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that runs along the north side of Cherry Street. On the open space dedication, the applicant was now proposing to pay a cash-in-lieu fee based on 12% of the appraised value of the land or one of the lots on the plat to be developed as a park within the subdivision. He reviewed a letter submitted March 30 from the Maple Grove Water System, Inc. containing several outstanding issues which were agreed to and had yet to be completed or resolved. Davidson called for the applicant's presentation. Terry O'Connor, 7312 Windsor Drive, Boulder, Colorado, apologized to Council and staff for any improper remarks that he may have made in frustration at the March 17 meeting. He stated that the delays they had experienced were more as a result of the process. He stated that Paul Wood and staff had gone out of their way to be cooperative and helpful. Davidson called for public comments. Bill Avery, who was speaking for himself and 10 other people, 11026 Maple Road, Lafayette, Colorado, asked that all of the shortcomings that were committed to in the meeting of March 19 with the homeowners association, Public Works, Planning, and City staff be addressed and included in the plans prior to recording the plans. Avery requested that the concerns they have, specifically, the crossing of 104th and the outflow of any storm drainage into a channel that was delineated as being 75' wide and totally engulfed the irrigation system, be resolved to the satisfaction of the Mayor and staff. He explained that they are flexible. Davidson called for Council comments or questions. Sisk asked if they were in agreement with the March 30 letter from Maple Grove Water Systems. O'Connor stated they were. Sisk's understanding on the open space dedication was that if it became cash-in-lieu, the payment would be made to the City and put into a designated fund prior to recordation of any subdivision plat. O'Connor stated that their attorneys have created a first-draft of an agreement. The lots will have to be priced higher than the remaining lots in the CTC for them to recapture this expense. He wanted an easier way to collect this rather than cash immediately. He suggested coming up with this money at the time their streets are dedicated. They would be happy to work an agreement with staff. He pointed out that the second half of the property is still owned by the people they bought the first phase from. They also would prefer to pay the money at the time their improvements are put in. Sisk stated the City was not in a place, under their ordinances, to defer the cash. Sam Light, City Attorney, clarified that only a small portion of this dedication requirement could be deferred until the building permit, pursuant to the subdivision agreement for Filing No. 1 at CTC, 4