1991 MAR 12 ADJ REG MIN - Laserfiche WebLink

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-- Mr. Aguilera stated the City Attorney has reviewed the issue and the documents and has expressed his opinion that an agreement does exist between Mr. Reichel and the City for the dedication of park land in lieu of fees. Mr. Aguilera said in light of the additional information provided by Leslie Keanne Stratton, John Reichel, and Stephen Edwards, staff believes the best interest of the City would be served by accepting the land dedication and development of a park in lieu of park development fees. Open discussion was held. Council Member Lofy stated he was opposed to waiving the fees. He stated his observance of the conditions of the Westside Park, the City's investment to date and the amenities and safety factors still remaining to be addressed. A park in the Reche Canyon area is needed rather than another park in the west side. Council Member Lofy voiced his opinion that the City Attorney works for the City Council and as such, every Agenda item should be legally researched and that research should be provided to the Council. Council Member Lofy stated if the City is bound to this agreement, then he would want to have the project turned over to the Recreation, Parks and Human Services Director, in order that the full intent of the agreement is carried out. Council Member Lofy said he does not mean for any of his comments to be personal, it is his feeling that the park fees could have been better used elsewhere. Council Member Cisneros commented that she did not care what anyone said, this matter stinks. The matter has been before the Parks and Recreation Commission, the Planning Commission and this Council and now it has been said an agreement exists, why are we spinning our wheels. Council Member Roman said he finds it difficult to understand the Council's thinking. The fees that could have been used for a park in Reche Canyon were waived by a former City Council, the Council now wants to use the west side fees in Reche Canyon. The park project being offered here is up scale work, the City is getting alot more benefit than the fee because the City would not realize the full fee amount at one time rather, it would be paid piece meal as develop- ment takes place. This City is a City Manager form of government and as such, the City Manager can request the City Attorney to provide a legal opinion, this is allowed within the purview of his job. Council Member Rehrer felt that the safety issues at the Westside Park should be taken care of. Mr. George Fulp, 1497 Cindee Lane, read a letter dated February 4, 1991, stating the letter represented a cross section of the City. The letter requested and demanded a no vote to waive park fees for Mr. Reichel and requested the Council to review the passing of a a resolution which would require approval of 51% registered voters before any commercial or residential project fees could be waived. 3,