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Regular City Council Meeting Monday, October 10,2011 Page 12 • agenda. Mr. Malinen noted that the proposed park dedication fee, as outlined in the PIC, was standard methodology practice used by the City to-date in basing the assessed value of the property when the subdivision was originally granted ap- proval. Mr. Malinen advised that the developer was suggesting that the City use a different method of calculation in this case, in basing fair market value for what the property sold; resulting in a lower fee. Councilmember Pust questioned how long the City has used this methodology and how many other properties would have been or would potentially be affected in the future. City Manager Malinen responded, confirmed by City Attorney Mark Gaughan, that this methodology of using the estimated market value as established by the Ramsey County Assessor's Office, had historically been used by the City and at the time the subdivision was approved. At the request of Mayor Roe, City Attorney Gaughan responded that the City's Subdivision Ordinance did not specifically address that methodology. Parks and Recreation Director Lonnie Brokke confirmed that the City based the fair market value for determining the fee on the value assessed by Ramsey Coun- 10 ty's property appraiser. Councilmember Pust opined that if the City used a standard set of values, set by Ramsey County and not the City of Roseville, it didn't make sense to change the methodology in this case,just because the property sold for a lesser value; further opining that such an action would serve to set a precedent for all future applicants in similar situations. Public Comment Mr. Saunders, Legal Representative for Meritex Mr. Saunders noted that this item was included on the City Council's Consent Agenda, as terms of the Agreement had been negotiated and agreed upon. How- ever, after further review by the developer and its representatives today of the City's fee schedule (314.051) and park dedication fees at 5% of Fair Market Val- ue, the developer was seeking consideration by the City Council on that actual fee. Mr. Saunders' advised that during his discussions with City Attorney Bar- tholdi, he had been advised that the City's historical practice was to base the park dedication fee to the assessed value. While not disputing paying this fee, Mr. Saunders was asking for the calculation methodology to be calculated in a fairer way in today's economic situation, and more amenable from a developer's perspective. Mr. Saunders advised that, from that perspective, the best indicator of fair market value was having a willing sel- ler/willing buyer for a property; and given that this property had been on the mar-