Council approves refund of park SDC overcharges to Mill Pond Crossing after developer presentation

Levi Miller, owner and developer of Mill Pond Crossing, told the Columbus City Council on May 12 that his five‑phase subdivision was built around a mission to deliver affordable homeownership and that cash‑flow problems slowed later phases. “This is not a situation where I own, you know, 7 projects… My only project is Mill Pond Crossing,” Miller said, asking the council to refund SDCs the development had paid after a 2022 methodology change.

City staff said the city’s revised park SDC methodology — adopted in 2022 to pay for park land acquisition and construction rather than requiring on‑site park dedication — produced a substantial per‑unit increase. The staff summary accompanying Resolution 25‑08 calculates the difference between the older and newer SDC rates for units in Mill Pond Crossing and recommends refunding the overpayment for the period indicated in the resolution.

Councilors pressed Miller on homeowner warranty issues and the council‑required punch list for public works. Miller said the highest‑priority items are filling a ditch on Willow Lane and certain storm‑water connections; he told council that a Park SDC refund of roughly $39,000 (park SDCs) and an additional roughly $73,000 in storm‑related SDC credits would allow immediate completion of those items and a timely start to phase 3. “If I can get reimbursed on those SDCs that I paid, I can get these punch‑list items taken care of immediately,” Miller said.

Council discussion focused on fairness, timing and public accountability. Councilor Jessica Andrade said she was “conflicted” and expressed concern that the city is not legally obligated to return the money and that refunds could appear to reward missed timelines. Other councilors said the city and the developer both share responsibility; staff acknowledged the change was a methodology decision and said consultants should have flagged agreements when the policy changed.

Councilor Brent Caseman moved to amend the resolution to use the term “refund” rather than “repayment,” an amendment seconded by Councilor Teresa Nielsen; the council approved the amendment. Councilor Nielsen then moved to adopt the amended Resolution 25‑08; the motion passed and the resolution was adopted. Council directed staff to follow up with the developer on the mechanics of the refund and asked staff to prepare a written breakdown of storm SDC credit balances before considering any lump‑sum conversion of storm credits.

What happens next: staff will provide written numbers and options for converting storm SDC credits to a lump‑sum payment or maintaining the existing credit arrangement; council and staff agreed to a follow‑up meeting to consider the storm SDC request before moving forward with any payments.