1997-07-08 Parks and Rec Comm Agenda • CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY,MINNESOTA
AGENDA
PARKS AND RE OMMISSION
July 8, 1997
6:30 p.m.-Large Conference Room
1. Call to Order
2. Roll Call
3. Approval of the June 10, 1997 Minutes
4. Park Dedication Fee Increase
5. Acacia Area Ballfield Scenarios
6. Updates
• • Recreation Programmer Vacancy
• Ivy Hill Townhouse Association Land Donation
• St. Thomas Soccer Field Request
• Temporary Soccer Goals at Kensington Park
• Area Charges for Sewer and Water
• Parks Report
• Police Report(Available Tuesday)
7. Adjourn
Auxiliary aids for persons with disabilities are available upon request at least 120 hours
in advance. If a notice of less than 120 hours is received,the City of Mendota Heights
will make every attempt to provide the aids. This may not,however,be possible on short
notice. Please contact City Administration at 452-1850 with requests.
• CITY OF MENDOTA HEIGHTS
MEMO
July 3, 1997
TO: Parks and Recreation Commission
FROM: Patrick C. Hollister, Administrative Assistant
SUBJECT: Park Dedication Fee Increase
Discussion
At the June 10, 1997 meeting of the Parks and Recreation Commission, the Commission
asked Staff to provide examples of other cities' Park Dedication policies and a proposal
for a sliding fee scale for Park Dedication Fees with a lower per-unit charge for multi-
family development than for single family development.
Please see the attached Park Dedication Policies from the following cities:
1. Woodbury
2. Maple Grove
3. Edina
4. Prior Lake
5. Minnetonka
6. Wayzata
7. Apple Valley
8. Bloomington
Please also see the attached Park Dedication Survey provided by Maple Grove. Further
information on this subject will be available Tuesday evening.
Action Required
Review the attached information and provide directions to Staff and/or make a
recommendation to Council as necessary.
•
JUL. -02' 91 (WED) 11 :05 P. 003
¢ 21-96 WOODBURY OITY CODE
b. Water holding areas required for storm water control as designated in the city's
storm water plan shall be dedicated by provisions of easements to the city and
shall not be included in the calculation of lot size.
(Code 1985, 3§ 402.01(Pt.III)8),443.03)
Sec- 21-97- Minimum design standards for subdivisions under the density zoning
restrictions.
The following apply to subdivisions under density zoning restrictions:
(1) There shall be a limit of one (1) access per residential lot fronting public right-of. -
ways.
(2) The city shall not maintain a public right-cf way for a minor subdivision. In all
instances it is the responsibility of the land owner to provide and maintain the access
to such a standard that public safety services (police, fire, and ambulance) may be
provided.
(3) Building setbacks from arterial and collector streets will be of such distance to
include room for a service road between the building and the road.
(Code 1986, H 402.01(PL III, 18), 443.03)
Secs. 21-96-21-11& Reserved.
ARTICLE IV.PUBLIC SITES AND OPEN SPACES*
Sec. 21-116. Dedications required.
(a) Where a proposed park, playground. public open space, storm water holding*areas or
ponds, school sites or other public sites as shown on the comprehensive development plan is
embraced in part or in whole by the boundary of a proposed subdivision to be developed for
residential, commercial, industrial or other uses, or as planned development and such public
sites are not dedicated, such public ground shall be reserved and no action taken towards
approval of a preliminary or final plat for a period not to exceed one hundred twenty (120)
days to allow the opportunity to consider and take action towards acquisition of such public
ground or park by purchase or other causes.
(b) In all new subdivisions,including minor subdivisions and cluster developments, to be
developed for residential, commercial, industrial,or other uses, or as a planned development,
a reasonable portion of each proposed subdivision shall be dedicated to the public for public
• use as parks, playgrounds,public open space, or trails. Such portion to be dedicated shall be
established by council resolution from time to time. No areas may be dedicated for public use
until such areas have been approved as being in conformance with the comprehensive devel•
'State law reference—Authority to require dedications, M.S. 1462.358, eubd. 2b.
Supp.Na b
1300
JUL. -02' 9 i (WED) 11 :05 P. 002
i
SUBDIVISIONS § 21-130
�-- opment plan and as being suitable and needed for the public health,safety, convenience and
general welfare. No dedication shall be accepted by the council until the same has been
referred to the planning and zoning commission and the parks and recreation commission for
review and recommendation. The area to be dedicated shall be delineated on the preliminary
plat and final plat.
(Code 1985, §§ 402.01(Pt III, 19).402.04,445.09,450.05)
Sec. 21-117. Cash in lieu of dedication,
In lieu of the dedication of land required in this article for the purposes enumerated
herein the council may, in its sole discretion, require the subdivider to contribute an equiva.
lent amount in cash for part or all of the portion required to be dedicated to such public uses or
purposes based on the fair market value of the land. Cash payments shall be paid by the
subdivider prior to the approval of the final plat, minor subdivision or cluster development.
Cash payments shall be placed by the city in a special fund and used only for the acquisition of
land for parks, playgrounds, public open space, development of existing park and playground
sites, public open space and debt retirement in connection with land previously acquired for
public purposes.
• (Code 1985, If 402.01(Pt. III, 4 9), 402.04, 445.09,450.05)
Sera. 21-IIS-21-130. Reserved.
•
Supp.No.5 -
1300.1
FROM IMRPLEGR0VE'PGRVS&RE0" " 612 494 64G4 1997,07-03 0B266 #119 P.01/10
(b) No construction or grading shall be allowed on slopes steeper than eighteen(18) percent
in grade over a horizontal distance of fifty(50)feet.
(c) For land in the"S"Shorcland District, stcep slpes shalt be dcfincd as sct forth in Section
375:06, Subd. 137a.
(Added, Ord.No. 93-05, Sec. 7)
Section 350:27. Provision of Land for Public Use.
Subd. 1. Lands for Public Use. Pursuant to Minnesota Statutes, Section 462.358, Subd. 2b, as
amended and except as otherwise provided below, the City of Maple Grove requires all owners or
developers,as a prerequisite to approval of a plat, subdivision or development of any land,to convey
to the City, or dedicate to the public use, a reasonable portion of any such proposal for public use as
streets, roads, sewers, electric, gas and water facilities, storm water drainage and holding areas or
ponds,similar utilities and improvements, or parks, playgrounds,trans or open space, said portions to
be approved and acceptable to the City. (Amended as Section 350:33, Subd 1, Ord.No. 90-12, Sec.
1)
Subd. 2, Dedicated Land-Requirements. Any land to be dedicated as a requirement of this Section
350:27 shall be reasonably adaptable for its proposed use and shall be at a location convenient to the
people to be served. Factors used in evaluating the adequacy of proposed part:and recreation areas
shall include size,shape,topography, geology, tree cover, access and location.
Subd. 3. Park D--dication Requirements. Except as otherwise provided in this Subd. 3,subdividers
and developers of land within the City of Maple Grove shall be required to dedicate to the City of
Maple Grove for park, playground, trail and public open space purposes the following minimum
amounts of land or cash, or both, whichever the City, at its option, shall require. The required
dedication shall be trade prior to the City's release of the final plat for filing. The amount of any
required cash contribution shall be calculated based upon rates established by the City and in effect as
of the date of the release of the final plat for filing. For purposes of this Subd. 3 words such as, but
not limited to, "total acreage", "subdivision area", "the property in the plat, subdivision or
development", and"the property being platted",whenever such words appear in this Subd. 3 or any
resolution or policy adopted pursuant thereto, shall mean the gross area of the plat, subdivision or
development except any undeveloped outlot that will, by current standards,be required to make the
dedication required in Subd. 3 at such time as the outlot is developed, subdivided or platted in the
future. (Amended as Section 350:33, Subd. 3 Ord. No, 90-12, Sec. 2)
�� ►of+qq�s
F�Note Rrst3 Z 9 L�
FROM IMAPLEGROVE'PRRI<S&REC" " 612 494 64S4 1997,07-03 06fS6 #119 P.02/10
350:27, Subd. 3(a)
(Rev. 1991)
(a)
• (1) Land shall be dedicated pursuant to the following schedule wherein density is
calculated by considering the total acreage of the entire plat, subdivision or
development being considered.
Dwelling Units Per
Gross Acre nea;�atiOn Reauiremo„t
(A)less than 9 10%of subdivision'area
(13)9 and more 11%of subdivision area+an
Additional 1%for each
additional dwelling unit per
acre over nine(9)
(Amended as Section 350:33, Subd. 12, Ord. No. 78-23, Sec. 1)
FROM tMRPLEGROVE'PRRKSSREC" " 612 494 64S4 1997,07-03 00157 #119 P.03/10
(2) A cash contribution in lieu of land dedication may be required pursuant to a
standard formula established by the City, which formula takes into consideration
such things as,but not necessarily limited to, the fair market value of the property
in the plat,subdivision or development.
(3) Combination land and cash dedic-ti90. The City may require the subdivider or
developer to make a combination cash and land dedication pursuant to the
following formula:
(A) The amount of land which could be required in accordance with Section 350
of the Maple Grove Ordinance Code shall be calculated.
(B) From the total calculated in subparagraph(A) above, the actual amount of
Land the City determines to be needed to fulfill the purposes of this Subd. 3
shall be subtracted.
(C) The balance arrived at in subparagraph(B)above shall be converted into a
cash contribution in lieu of land dedication pursuant to a standard formula
established by the City, which formula takes into consideration such things
as,but not necessarily limited to,the fair market value of the property in the
plat, subdivision or development and the percentage of the total park-
dedication obligation represented by the said balance.
(b) Commercial and Industrial Dedication Cquirtment8,
• (1) Land dedication, if required, shall be seven and one-half(7-1/2)percent of the
subdivision or development. (Amended as Section 350.33, Subd. 12, Ord_No.
78.231 Sec. 1)
(2) If the City requires payment of fees in lieu of land dedication, that fee shall be
based upon the same percentage set forth in subparagraph(I) above,multiplied
by the acreage of the proposed plat, development or subdivision,and by the
Council's estimate,as established at least annually by resolution, of the fair market
value per acre of undeveloped commercial/industrial land in the community.
(3) Where a combination land and cash dedication is made,the lands dedicated will
be deducted from the total park dedication land requirement, and the balance of
required dedication acreage will be multiplied by the current Council estimate
established pursuant to subparagraph(2)above to determine the amount of cash
dedication.
(Amended, Ord. No. 88-27, Sea l)
(c) Miscellaneous grauimm=for Park Dedications. The following requirements apply
to all dedications or conveyances for park, playground, trail or public open space
purposes.
i
FROM :MAPLEGROVE'PARVS&REC. . . . 612 494 64S4 1997,07-03 00:S7 #119 P.04/10
eu 1. m conveyea or aeMcated pursuant to the provisions of this Subdivision 3 must
be located outside of drainage ways,flood plains and ponding areas after the site
has been developed.
i (2) As part of their development contract or site plan approval responsibilities, owners
and developers shall be responsible for making certain' improvements to the
developments for park, playground, trail and public open space purposes
including, but not limited to, finished grading and ground cover for all park,
playground,trail and public open spaces within their developments.
(3) Standards for L,ocadon. -The Park Board shall develop and recommend to the City
Council for adoption standards and guidelines for determining what geographic
location of each such development should reasonably be required to be so
conveyed or dedicated.
(A) Such standards and guidelines may take into consideration the zoning
classification to be assigned to the land to be developed, the particular use
proposed for such land, amenities to be provided and factors of density and
site development as proposed by the owners or developers.
(13) The Park Board shall further recommend changes and amendments from
ISM to time to such standards and guidelines to reflect changes in the usage
of land which may occur, changes in zoning classifications and concepts,
and changes in planning and development concepts that relate to the
development and usages to which land may be put
(4) Park Board Recommendations. The Park Board shall; in each case,recommend
to the City Council the total area and location of such land that the Park Board
feels should be so conveyed or dedicated within the development for park or
playground purposes.
(5) Where a proposed park,playground, trail; open space or other recreational area
that has been indicated on the official map and/or comprehensive plan is located
in whole or in part within a proposed subdivision such proposed site shall be
desig�tatexl as such and be dedicated to the City. If the subdivider chooses not to
dedicate an area in excess of the land required under this Section for such
proposed site, the Council shall not be required to act to approve or disapprove
the plat of the subdivision for a period of ninety (90) days after the subdivider
meets all the provisions of the subdivision ordinance in order to permit the Council
to consider the proposed plat an;!to take the necessary steps to acquire:,through
purchase or condemnation, all or part of the public site proposed on the official
map or comprehensive plan.
FROM :MRPLEGROVE'PGRKS&REC. . . . 612 494 S4S4 1997.07-03 00:S0 #119 P.OS/10
(6) Land area so conveyed or dedicated for park, playground, trail and open space
purposes may not be used by an owner or developer as an allowance for purposes
of calculating the density requirements of the development as set out in the Zoning
Ordinance and shall be in addition to and not in lieu of open space requirements
for Planned Unit Developments pursuant to the Zoning Ordinance as amended.
(7) Where private open space for park, playground, trail, open space or other
recreation purposes is provided in a proposed subdivision and such space is to be
privately owned and maintained by the future residents of the subdivision, such
areas may be used for credit at the discretion of the City Council against the
requirement of dedication for purposes described in this Subd. 3 provided the City
Council finds it is in the public interest to do so and that the following standards
are met.
(A) That yards, court areas, setbacks and other open space required to be
maintained by the zoning and Building Regulations shall not be included in
the computation of such private open space; and
(B) That the private ownership and maintenance of the open space is adequately
provided for by written agreement; and
(C) That the private open space is restricted for park, plavground, trail, open
space or recreational purposes by recorded covenants which run with the
land in favor of the future owners of property within the tract and which
cannot be eliminated without the consent of the City Council; and
• (D) That the proposed private open space is reasonably adaptable for use for
such purposes, taking into consideration such factors as size, shape
topography,geology,access and location of the private open space land;and
(E) That facilities proposed for such purposes are in substantial accordance with,
the provisions of the recreational element of the comprehensive plan, and
are approved by the City Council; and
(l) That where such credit is granted, the amount of credit shall not exceed
twenty-five (25)percent of the amount calculated in paragraph (a) or (b)
above,whichever is applicable.
FROM tMRPLEGROVE'PRRVSSREC. . . . S12 494 6454 1997.07-03 MISS #119 P.06/10
lrcev. 1 Y9 I)
(8} The Park Board shall establish a separate fund into which all cash contributions
received from owners and developers in lieu of conveyance or dedication of land
for park,playground,trail and open space purposes shall be deposited. The Part;
Board shall establish separate budgeting and accounting procedures for such fund
and shall make from time to time appropriations from such fund for acquisition
of land for such purposes,for developing existing park, playground, trail and open
space sites.or for debt retirement in connection with land previously acquired for
such purposes.
(9) The Park Board shall establish such administrative procedures as they may deem
necessary and required to implementthe provisions of this Subd. 3.
(Amended, Ord. No. 87-07, Sec. 1)
(d) The determination of whether land is residential,commercial, or industrial shall be based
upon the zoning of the particular land for which dedication is required. Zoning
classifications shall be categorized as set forth below.
zmiu Land
(1) R-A,R-1,R-2,R-2b,R-3, Residential
R-4, R-5,
(2) B, MX.D
Commercial
. (3) 1-111-2
Industrial
(4) Planned Unit Development(PUD), See underlying
FP,S,and W zoning classification
(5) PUD District See major use
approved when
zoned PUD
(Added, Ord. No. 89-15,Sec. 1)
(e) 71ePark dedication requirement may be waived by the City Council in connection with
lands described in subparagraphs (1) and (2) below, subject to the requirements of
subparagraphs(3)and(4)below. Such lands include:
(1) Land owned by a government or governmental subdivision, which land is or will
be devoted to a public purpose; and
(2) Privately owned land that is intended to be maintained or developed so as to
contain on at least ninety percent (90%) of the gross subdivision area large
parklike areas open to use by the public such as a golf course.
FROM :MRPLEGROVE'PRR(SSREO" ' 612 494 64S4 1997.07-03 00:SD #119 P.07/10
(3) Prior to subdivision approval and any such waiver,the property owner(public or
Private)must present to the City in recordable form a covenant ruining with the
land and satisfactory to the City wherein the owner agrees for himself,his heirs,
successors, and assigns to make park dedication for said land according to
prevailing requirements at the time dedication is required in any of the following
circumstances:
(A) whenever public lands or uses or portions thereof which are otherwise
exempt become privately owned and do not or will not meet the ninety
percent(901/6)requirement set forth above, as measured at the time of the
covenant, or
($) whenever more than ten percent(10%)of the gross subdivision area of any
privately owned property,as measured at the time of the covenant, becomes
developed so as to prevent the public by design or implication from
unrestricted access to the land, or
(C) if the actual or intended use of the land changes so as to be inconsistent with
the types of public activities and uses set forth above.
(4) The covenant referred to in subparagraph(3) above"I be filed in the Office of
the Hennepin County Recorder at the owner's expense at or before the recording
of the plat by which the subdivision is accomplished.
(Added, Ord. No. 90.12,Sec. 3)
Section 350:30. ,
Subd. 1. Review Procedure. Within one(I)year after preliminary plat approval an application for
linal plat review,application fee as established in Chapter V of this Code, and final plat with requited
content and submittals as specified in Section 350:33 shall be delivered to the Zoning Administrator
or else preliminary plat approval will expire.
(a) The application and required submittals shall be delivered at least fourteen (14)days
prior to the regular Planning Commission meeting at which it will be-scheduled.
(b) The application shall be considered as being officially delivered when all the information
requirements are complied with.
i
FROM :MaPLEGROVE'PGRKSBREC" " 612 494 6454 1997,07-03 00:SS #119 P.00/10
PARK BOARD ADMINISTRATIVE PROCEDURE
• PARK DEDICATION REquIREMEMTS
The following is an administrative procedure to determine total
acreage for purposes of establishing park dedication requirements
on a proposed subdivision.
The gross acreage of the plat would be established per proposed
submittal.
The total acreage of the -plat that would be•used to Calculate park
dedication requirements would be:
Gross acreage
minus delineated wetlands
minus undeveloped outlots
minus state or county road right-of-way
Equals total acreage on which park dedication is based
•
5-20-93
FROM :MRPLEGROVE'PARVS6.REC. . . . 612 494 6454 1997,07-03 06:59 #119 P.09/10
Business Items: New Bu in ss
Item Number. 1
Agenda Item: 99 P rk i do Fees
Recommended Board Action:
Information
Background:
Enclosed Is a Council action form which will be submitted to the City Council for their approval.
Based on Resolution 87-024 and Resolution 88-120, the adjustments to the Park dedication fee would
reflect the following:
1993 1_94 L 1996 Proposed
1997
Residential S SWunit S 714/unit S 805/unit S 845/unit
Industrial S2,250/acre 52,250/acre 52,250/acre 57,060Junii
Commercial $3,150/acre $3,150/acre ' $3,150/acre S3,t300/acre 53,775/acre
Board Comments:
UI/Uviar UU:l3 e.0 UZ7 7555 G11Y Ut hViNd tQJ00Z
City of Edina Land Use, Platting and Zoning 810.13
Agreement then alleged by the City.
C. Any letter of credit required by the City shall be from a national or state
bank approved by the City, shall be unconditional and irrevocable, shall be
for the full amount of the unpaid improvement costs, and shall provide that
fiords will be paid to the City solely upon written demand from time to time
of the City to the extent of any default by the applicant as to the terms of
the Agreement then alleged by the City.
D. if there is more than one applicant, all shall join in the Agreement, and
shall be jointly and severally obligated to perform the obligations of applicant
under the Agreement.
Subd. 3 Development Contracts. When preliminary or final approval has been
given to a plat or subdivision, and if modifications or conditions have been imposed
in connection with such approval, the applicant shall enter into a Development
Contract (herein called the "Development Contract") embodying the modifications
and conditions of approval, and containing such other terns and conditions as the
City may require to impose, enforce and make effective such modifications and
• conditions. The Development Contract shall be placed of record if requested by the
City, at the expense of applicant.
810.13 Land Dedication or Cash Contribution.
Subd. 1 Dedicating a Portion of Plat or Subdivision. A reasonable portion of any
proposed plat or,subdivision shall be dedicated to the City for public use for streets,
roads, sewer lines, electric lines, gas lines, water lines and facilities, storm water
drainage and holding areas or ponds and similar utilities and. improvements. The
Planner and Engineer shall recommend to the Council what portion is reasonable,
the location, the need and the use.
Subd. Z Land Adjoining Lakes, Ponds or Streams. Where any plat or subdivision
adjoins a natural lake, pond or stream, including streams which flow only
intermittently, a strip of land running along all sides which are contiguous to such
lake, pond or stream, which strip shall extend from a line 100 feet upland from the
lake or pond, as measured from the high water mark, and 100 feet from the
centerline of the stream, shall be either (i) dedicated to the City for public use, or
(ii) subjected m a perpetual easement in favor of the City over and in said land and
the bed and water body of such lake, pond or stream, for the purpose of protecting
the hydraulic efficiency and the natural character and beauty of such lake pond or
stream. The Commission shall determine which of these options is more appropriate
and shall recommend to the Council one of said options. In either case there shall
also then be granted to the City the right of ingress to and egress from the said strip
of land with worker, equipment and material. Also, where the easement is
determined to be in the best interest of the City, said easement shall also provide
810 - 18
viiud/a7 09:14 kAA 927 7043 k iix Vr LLlrld kVJUUo
City of Edina Land Use, Platting and Zoning 810.13
that the owners of the areas as to which such easement is granted shall not make,
do or place any fill, grading,improvement or development of any kind on or to such
easement area, or raise the level of the easement area in any way, but all such right
to fill, grade, improve and develop, and to raise the level of the easement area, shall
be granted by said easement to the City.
Subd. 3 Land for Public Use. In addition to the dedication to be made pursuant
to Subd. 1 and 2 of this Subsection, and if the Council reasonably determines that
it will need to acquire a portion of land within the plat or subdivision for the
purposes stated in this Subd. 3 as a result of approval of the plat or subdivision,
then, as to such plat or subdivision, a reasonable portion of the land therein shall
be dedicated to the public or preserved for conservation purposes or for public use
as parks, playgrounds, trails, wetlands or open space, provided that, at the option
of the City, the owner or owners shall contribute to the City an amount of cash
equal to the fair market value of the land otherwise required to be so dedicated or
preserved, or dedicate and preserve a part of such land and contribute the balance
of such land value in cash. Land then set aside and dedicated for public recreation
purposes pursuant to Subsection 850.13 (Planned Residential District) of this Code
may be considered as set aside and dedicated under this Section to the extent
• required hereunder in connection with such plat or subdivision, but then only to the
extent that such land is in excess of the open space then required by Section 850
of this Code. Any money so paid to the City shall be placed in a special fund and
used only for the acquisition or development of land for conservation purposes,
parks, playgrounds, trails, wetlands, and open space. For purposes of this Section,
"fair market value of the land"is defined as the fair market value of the land within
such plat or subdivision, as determined by the City Assessor, as of the date the plat
or subdivision is granted final approval by the Council. It is the policy of the City,
as a general rule, to require dedication of land in the following instances:
A. If the property to be dedicated is adjacent to an existing public park or
playground and the additional property will beneficially expand the park or
playground;
B. If the property to be dedicated is six acres or more in size, or is expected
to be combined with future acquisitions by the City so that a public park
with a minimum of six acres will result;
C. If the property to be dedicated abuts or adjoins a natural lake, pond or
stream, or a wetland then protected by then applicable state or federal laws
or statutes;
. D. If the property to be dedicated is necessary or desirable for a storm water
holding or ponding area, or is an area which the City intends to have
dredged or otherwise improved for storm water holding areas or ponds; or
810 - 19
U7IUJ/97 09:15 FAX 927 7645 CITY OF EDINA L#JOU4
City of Edina Land Use,Platting and Zoning 810.16
E. If the property to be dedicated is a place of significant natural, scenic or
historic value.
810.14 Utilities.
Subd. I Undetgtound Installation of Utilities. All new utilities (excluding main
line electric feeders and high voltage transmission lines) constructed within the
confines of and providing service to customers in the plat shall be installed
underground.
Subd. 2 In Public Easements. All electric and gas distribution lines and piping,
roadways, curbs, walks and other similar improvements shall be constructed only
an a street, alley or other public way or easement which is designated on a plat or
subdivision approved by the Council or which has otherwise been approved by the
Council.
810.15 Street Maintenance. Until a street in a plat or subdivision has been completed
in accordance with the plans and specifications approved by the City, and the Engineer has
certified as to such completion, the owner shall keep such street, if used for public travel,
in safe condition for such use, at owner's own expense. The City shall not be chargeable
with the cost of or the responsibility for the maintenance of such street until the
completion of such street has been so certified.
810.16 Penalty.
Subd- 1 Violation of M.S. 462.358, Subd. 4b. In addition to the provisions of
Subsection 100.09 of this Code, any person who conveys a lot, tract or parcel in
violation of M.S. 462.358, Subd. 4b, (which is hereby incorporated herein by
reference and made a par[ of this Code) shall forfeit and pay to the City a penalty
of not less than $100.00 for each lot, tract or parcel so conveyed. Also, the city
may enjoin such conveyance, or recover such penalty, by a civil action in a court of
competent jurisdiction.
History. Ord 804 adopted 12-13-89
Reference. M.S. 46Z, 505
Cross Reference. Sections 445, 850, Subsections 100.09, 85a21
810 - 20
�: �' +++� ..o•.,� r:as 01444141aa �.111 Ur rAAUU a.. z VV1
REVISED
PAMDEDICATION
A The owners of any land being subdivided for residential, commercial, industrial or
other uses or as a Planned Unit Development shall dedicate to the public or
preserve for conservation purposes or for public use as parks, playgrounds, trails,
or public Open space a reasonable portion of the subdivided land. The city has
determined the land dedication requirement to be equivalent to ten percent (10%)
of the gross area of a subdivision. The amount of credit given for land to be
dedicated shall be based upon the land characteristics and in accordance with the
following schedule:
DEDICA710N SCHEDULE
Land Chaneteristic Dedication Credit
Dry upland with undisturbed topsoil and slopes 100%
not exceeding 10%.
s
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B Dedicated land shall be made suitable by the developer for its intended use as parks
and playgrounds, trails, or public open space. The City shall determine the final
condition of the land which is to be dedicated and the Developer shall be
responsible for grading, topsoil, and turf establishment unless otherwise directed by
the City Manager or his/her designee. The City shall provide the Developer with
grading plans for the dedicated park and trails and will also provide specifications
for topsoil and turfgrass.
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The City further reserves the right not to accept land which in its discretion is not
useable for the aforedescribed purposes, does not provide park facilities in the
locations set forth in the City's Comprehensive Plan, or land which would require
extensive expenditures on the part of the public to make them useable.
C At the City's option, the subdivider shall contribute an equivalent amount in cash,
or cash and land, in lieu of all or a portion of the land which the City may require
such owner to dedicate pursuant to paragraph(A) above. The cash amount shall be
based on the fair market value of the land reasonably required to be dedicated, with
.said value being determined no later than at the time of final plat approval.
D Whenever the tern"dedicate" is used in this section, it shall mean a dedication to
the City of land or cash, or both, whichever the City, at its option, shall require.
The dedication shall be made to and received by the City prior to the City's release
of the final plat.
E In instances where cash is required in lieu of land, payments as required by this
Ordinance shall be made prior to the City Manager releasing the final plat to the
subdivider. The cash portion of the calculation shall be made as follows: 10% of
the value of the land per acre as determined by the City tunes the gross acreage of
the plat. (Ord. 97.10)
F Where the owner provides in the subdivision for the public use neighborhood park
amenities such as,but not limited to, tennis courts, be fields, play equipment, open
space or other recreational facilities, the City may reduce the amount of land to be
dedicated or the cash contribution in lieu of such dedication by an amount
equivalent to the documented cost of the facilities provided. Amenities which are
provided by the developer must meet the specifications of the City and other
standards as the City may require. If this provision applies the City shall determine
the value of the amenity and adjust the dedication to reflect said value.
G Prior to the dedication or preservation of such land for public use, or both, the
subdivider shall deliver to the City an opinion addressed to the City and in a form
the City may rely upon and acceptable to the City Attorney, as to the condition of
the title of such property, or in lieu of a title opinion, a title insurance policy from a
title company acceptable to the City Attorney insuring the required public interest
in the preservation or dedication therein.
H Immediately upon filing of the final plat or other appropriate subdivision
documents, the subdivider shall file for recording all easements, deeds or other
conveyances of property required as a condition to the subdivision plat approval
and provide evidence of fling to the City. No building permits shall be issued to
any lot or parcel in said plat until all such documents have been executed and filed.
• 6/3196
PAILWED.DOC
J uL—u.J-177 r qD•40 1.1 I r Ur I'I i MNM 1 Ul'"I" Die 7.77 04" r.Cie,eau
420. 17
• 420. 17. Park Dedication. (added 12/22/86 by Ord. 86-448)
Subdivision 1.
The owners of land being subdivided shall dedicate to the
City a reasonable portion of the land for use as public
parks, playgrounds, trails or open space. Generally,
the reasonable portion should not be less than 10%
of' the total land in the proposed subdivision. The
City may determine the location and configuration of
any land dedicated, taking into consideration the
suitability of the Land for its intended purpose and
future needs of the community for park, playground,
trail, or open space property. This paragraph shall
apply to all new development, redevelopment, lot combi-
nation/redivisions meant to facilitate development, and
expansion of commercial, office, or industrial build-
ings . It shall not apply to lot combination/redivi-
sions which do not increase the number of single family
residential lots , conversion of apartments to condo-
miniums, or internal leasehold improvements.
Subdivision 2.
At the City' s option, the subdivider shall contribute
an amount in cash, in lieu of all or a portion of the
land required under Subdivision 1, according to the
following fee guidelines :
Single family residential $400 per unit
Townhomes/Duplexes $300 per unit
Apartments $250 per unit
Office/Industrial Property $0. 20 per sq. ft.
building area
Commercial Property $0. 10 per sq. ft.
building area
Subdivision 3.
Prior to the dedication of the required property,. the
subdivider shall provide the City with an acceptable
title opinion or title insurance policy addressed to
the City which insures the title and the City' s pro-
posed interest in the property. In any dedication of
required land, the subdivider must transfer good and
marketable title to the City, free and clear of any
mortgages, liens, encumbrances or assessments , except
easements or minor imperfections of title acceptable to
the City. If this land is not formally dedicated to
the City with the final plat , the subdivider shall
record all deeds for conveyance of the property to
• the City at the same time as the final plat or other
appropriate division documents .
- 8 9A -
UI I I l l V`IG I UJIff% I Q1C 7J7 OGYY r.GO,UJ
420. 20
Subdivision 4.
At the City' s option, the following properties shall
not be accepted for purposes of the owner' s compliance
with Subdivisions 1 or 2 of this Section:
(a) Land dedicated or obtained as easements for
stormwater retention, drainage, roadway and
other utility purposes ,
(b) Land which is unusable or of limited use, and
(c) Land that is protected wetlands(floodplain area.
Subdivision S.
Cash contributions, for single-family residential
development, will be due and payable at the time of
final plat approval by the City. Cash contributions
for multi-family residential or commercial, office or
industrial development will be due and payable at the
time of building permit issuance. Payments may be
deferred until building permits are issued. Cash
contributions for single-family, residential develop-
ments will be based on the number of new developable
lots created and for multi-family residential develop-
ments will be based on *the number of units included
in the complex. Cash contributions for commercial,
office, and industrial developments will be based on
the gross square footage of the building.
Subdivision 6.
Any cash contribution received pursuant to Subdivision
2 of this Section shall be placed in a separate City
fund and used only for park, playground; trail or open
space purposes.
Subdivision 7.
The City Council, at its discretion, may waive or reduce
the requirements of this Section when the subdivision
includes a City-assisted development or redevelopment
area or achieves some other public purpose and the
requirements would create a financial hardship for the
project.
420. 20. Final Plat Procedure.
1. The owner or his agent shall file four (4) paper
copies and two (2) reproducible mylar copies of the final
plat with the Clerk at least ten (10) corking days
before a regular Council meeting date, and within one (1)
year of the date of the last approval of the preliminary
Plat. Any deviations from the approved preliminary
plat must ,be specifically described in a separate report
with such filing. Such approval of the preliminary plat
shall become null and void if said plat is not filed for
final approval within the time herein specified and shall be
TOTAL P.O3
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d. When soil is exposed, the exposure shall be for •
feasible period of time, as specified in the develol
agreement.
Fe m
e. Where the topsoil is removed, sufficient arable
set aside for respreading over the developed area.
be restored or provided to a depth of four inches (4) and shall be
of a quality at least equal to the soil quality prior to
development .
f. Natural vegetation shall be protected wherever possible..
g. Runoff water shall be diverted to a sedimentation basin before
being allowed to enter the natural drainage system. Stormwater
runoff from the developed site shall not, at any time, exceed the
existing runoff level .
805.36. Protected Areag. Where land proposed for subdivision is
deemed environmentally sensitive by the City, due to the existence of
wetlands, drainageways, watercourses, floodable areas or steep slopes,
the design of said subdivision shall clearly reflect all necessary
measures of protection to ensure against adverse environmental Impact.
The City's Stormwater Management Plan shall be carefully referenced and
adhered to when designing a subdivision.
Based upon the necessity to control and maintain certain sensitive
areas, the City shall determine whether said protection will be
�,.. accomplished through lot enlargement and redesign or dedication of those
sensitive areas in the form of outlots.
In general , measures of protection shall include design solutions which
allow for construction and grading involving a minimum of alteration to
sensitive areas. Where these areas are to be incorporated into lots
within the proposed subdivision, the applicant shall be required to
demonstrate that the proposed design will not require construction on
slopes over eighteen (18) percent, or result in significant alteration
to the natural drainage system such that adverse impacts cannot be
contained within the plat boundary.
805 37 Public Sites and Open Spaces (Parkland Dedication)
a. As a prerequisite to final plat approval , applicants for. the
subdivision of land shall dedicate land for parks, playgrounds,
Public open spaces or trails and/or shall make a cash contribution
to the City's Park Fund as provided by this Section.
b. Land to be dedicated shall be reasonably suitable for its
intended use as determined by the City and shall be at a location
convenient to the public to be served. Factors used in evaluating
the adequacy of proposed park and recreation areas shall include
size, shape, topography, geology, hydrology, tree cover, access
and location.
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a:eaPM FROM CITY OF WAYZATA 40a != tI b P. ie
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c. The applicant shall consult with the Planning Commission, at
the time his preliminary plat is under consideration, to secure
their recommendation as to the location of any property that
should be dedicated to the public, such as parks, playgrounds or
other public property. The preliminary plat shall show the
location and dimensions of all areas to be dedicated in this
manner. Such contribution requirement recommendation(s) will be
sent to the City Council for their approval .
d. When a proposed park, playground, recreational area, or other
public ground has been indicated In the City's official map or
Comprehensive Plan and is located in Whole or in part within a
proposed plat, it shall be designated as an outiot on the final
plat and shall be dedicated to the appropriate governmental unit.
If the applicant elects not to dedicate an area in excess of the
land 'required hereunder for a proposed public site that the City
feels is in the public interest to acquire, the City may consider
acquiring the excess land through purchase or condemnation.
e. Land area conveyed or dedicated to the City shall not be used
in calculating density requirements of the City Zoning Ordinance
and shall be in addition to and not in lieu of open space
requirements for planned unit developments.
f. Where private open space for park and recreation purposes is
provided in a proposed subdivision, such areas may be used for
credit, at the discretion of the City Council , against the
requirement of dedication for park and recreation purposes,
provided the City Council finds it is in the public interest to do
SO.
g. The City, upon consideration of the particular type of
development, may require larger or lesser parcels of land to be
dedicated if the City determines that present or future residents
would require greater or lesser land for park and playground
purposes. In addition, the City Council may also require lots
within the subdivision be held in escrow for future sale or
development, The moneys derived from the sale of escrowed lots
will be used to develop facilities or to purchase parkland in the
future.
h. In all new subdivisions, seven (7:) percent of the gross area
subdivided, or a different percentage as the Council shall
determine to be reasonably necessary as a result of the
subdivision approval , shall be dedicated for public recreation
space or other public use as established by City Council
resolution. The dedicated percent of the gross area subdivided
shall be in addition to property dedicated for streets, alleys,
easements or other public ways. No areas may be dedicated for
public use until such areas have been approved by the governing
body as suitable and-necessary for the health, safety, convenience
and general welfare of the City.
I- b-1%J!Ob a:OAPM FROM U 1 I Y UF- WAYZATA arch b31 b P. d
I . When a subdivision is too small for practical dedication of
public land, or if no land in the subdivision is suitable for such
use.' the applicant may be required to pay an equivalent cash fee
for all or part of the portion to be dedicated, based on the fair
market value of the land on the day of final plat approval subject
to the following:
(1) Each single-family lot is required to pay a minimum of
four hundred fifty dollars (3450.00) or seven percent (7:)
of the determined land value, whichever is greater, up to a
maximum of two thousand dollars (a2,000.00).
(2) Each two-family lot is required to pay a minimum of
eight hundred fifty dollars ($850.00) or seven percent (7%)
of the determined land value, whichever is greater, up to a
maximum of two thousand dollars (s2,000.00) per unit.
(3) All other residential construction is required to pay a
minimum of three hundred dollars (s300.00) per unit or seven
percent (7:) of the determined land value, whichever is
greater. The City Council may, at its discretion, grant a
credit towards this fee if the proposed development
provides, when completed, recreation facilities for its
residents' use. Such facilities shall include, but are not
limited to, swimming pools, tennis courts and open spaces
suitable for active pastimes. The amount of any such credit
shall be based on recommendations of City staff.
(4) Commercial and industrial land is required to pay three
point five percent (3.5:) of the established fair market
land value.
j . The City may elect to receive a combination of cash, land and
development of the land for park use. The fair market value of
the land the City wants and the value of the development of land
shall be calculated. That amount shall be subtracted from the
cash contribution required by subsection i above.
k. "Fair market value" shall be determined as of the time of the
final plat approval in accordance with the following:
(1) The City and the applicant may agree as to the fair
market value based upon a current appraisal .
(2) The market value of the property as determined by a
recent selling price of the parcel (s) in question.
I . Planned unit developments with mixed land uses shall make cash
and/or land contributions in accordance with this Section based
upon the percentage of land devoted to the various uses.
M. Park cash contributions are to be calculated at the time of
final plat approval . The Council may require the payment at the
time of final plat approval or at a later time under terms agreed
-33-
I yy5 a:IdSNM I-HUM U i I T u1- WATGA I A aea 5.s 10 r. a
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upon in the development agreement . Delayed payment may include
interest at a rate set by the City.
n. Park cash contributions shall be deposited in the City's Park
and Recreation Development Fund and shall only be used for park
acquisition or development.
o. If an applicant is unable to make a commitment to the City as
to the type of building that will be constructed on lots in the
proposed plat, then the land and cash contribution requirement
Will be a reasonable amount as determined by the City Council .
P. Wetlands, ponding areas and drainageways accepted by the City
may not be considered in the parkland and/or cash contribution to
the City.
q. A cash contribution required by the City shall be made at the
time of final plat approval by the City Council or as secified by
the applicable develoment contract.
r. Property being replatted with the same number of lots shall
be exempt from all park land dedication requirements. If the
number of tots is increased or if land outside the previously
recorded plat is added, then the park land dedication and/or park
cash contributions shall be based on the additional lots and on
the additional land being added to the plat. If the additional
land does not create additional lots, then each one-third (1/3)
acre added shall be considered a new lot for purposes of
calculating the dedication requirements.
805.38. Minimum Design Features. The design features set forth in
this Chapter are minimum requirements. The City may impose additional
or more stringent requirements concerning lot size, streets and overall
design as deemed appropriate considering the property being subdivided
based upon site considerations and the Wayzata Comprehensive Plan.
-34-
UII U41 UI UO.4u CAA Ol LUzjzS1J AV Ul1I UA" MnINUUTA I1I IWI1J UVUl
(1) Where a proposed park,trailway,pendin&or open space area,shown on the city's
comprehensive guide plan,park development guide,comprehensive storm sewer plan or official
map,is located in the whole or in part in a subdivision,such area or area shell be shown on the
pmliminazy plat. Such area or areas shall also be dedicated to the city by the subdivider if the
city council request such dedication under the provisions of paragraphs below.
(2) Park land dedication. Said dedicated land shall be m an amount determined to be reasonable by
the city council. Said land must be suitable and acceptable for said use(s),as determined by the
city council. In lieu of the conveyance of dedicated land as provided above,the owner or
subdivider may,at the option of the city,pay to the city,for use in acquisition and development
of parks,a cash payment to the city. Such payment shall be based upon a formula established by
the city council in affect at the time of approval of the final plat.
(3) Dedication credits for construction. Dedication credit shall not be granted for the caatstnction of
recreational ficilities unless a specific agreement granting credit is approved by the city council-
(4) Dedication of pending areas.
W Pending arras,needed as a part of the overall city storm drainage plan,shall be
�3 dedicated as laud or eaumart at the option of the city and as accepted by the city.
r However,no credit shall be given for park dedication unless said area meets the
s- criteria for public parks as stared in the city's park dedication resolution and is
approved by the city council. Said dedication of land or easement shall be in a form
approved by the city cosncii.
8 s 8
CHI Owners or subdividers shall be required,as a prerequisite to approval of a plat or
subdivision,to dedicate,as land or easament for pondin&a mum of five(5)
^ percent of the area to be platted or subdivided. In the altemative,the city council may
require a.cash donation for use in acquisition of pond'iag areas. Such payment shall be
m. y� based upon a formula established by the city council m effect at the time of approval
jT of the final plat
is t-
(5) Land is excess of dedication requirements. Where land proposed for public use exceeds the
percentage normally required by the city and the subdivider will not dedicate the additional
a a LL amount,the city council shall have sac(6)months from the date of initial consideration by the
city council to proceed and pur-4*=said additional amoum. Where a purchase is not initiated
within said six(6)months,the replat shall he revised to permit another use and the processing of
the plat shall continue.
(6) Laud dedication,commercial,industrial and other subdivisions.
(i) The city shall require part or public land dedication in commercial,industrial or other
nonresidential subdivisions where deemed necessary to fulfill a demonstrated need. In
those instances where the city council deems it is is the public interest to require park
dedications from such subdivisima,it may require dedication of an amount of land
equal in value to five(5)percalt of the undeveloped land proposed to be subdivided.
Said dedicated land shall be reserved for public use as parka,bus stops,playgrounds,
public open space,or any combination thereof
(u) As an alternative,the city manager may require the subdivider to contribute an amount
in cash equivalent to the value of the land required to be dedicated by this section-
16
u7/03/97 03:50 FAX 6129532515 AV CITY HALL -+a MENDOTA HEIGHTS LJouz
Cash donations shall be used only for the acquisition or development of land for pants
or playgrounds.
(7) Timing of park dedication. If a new subdivision is designed to be platted into more than one
addition,ahl park and other public use lands contemplated under this section in the total
subdivision area,except streets,alleys or easements other than those leading directly to such
sites,shall be dedicated by the time of approval of the final plat for the first addition unless
otherwise approved by the city council. All other lands contemplated to be dedicated under this
subdivision shall be dedicated by the time of final plat approval by the city council.
(3) Condition of areas to be dedicated. Areas to be dedicated for public park,trail,or ponding shall
be brought to a suitable condition by the subdivider prior to acceptance by the city. All dead
trees,trash,junk,unwanted structures or similar undesirable elements shall be removed by the
owner at his cspense. On grades or exposed areas which are not sodded,lawn grass seed shall be
sown at not less than four(4)pounds to each one thousand(1,000)square feet of land area In
the spring,the seed shall be sown between March 15,and May 15;and in the fall,the seed shall
be sown between August 15 and September 30. The seed shall consist of a maximum of ten(10)
percent rye glass by weight and a minimum of ninety(90)percent of permanent bluegrass and/or
fescue grass by weight All seed shall have been tested for germination within one year of the
data of seeding and the dare of testing shall be on the label containing the seed analysis. Between
October I and March 15,and between May 15 and August 15,the applicant shall submit an
agr+cenicat in writing signed by the developer that respreading of sod and seeding of lawn will be
done during the irmmediste following planting performance bond to guarantee said seeding. Said
condition shall also be in accordance with the city's resole ion on condition of acceptance of
public parks in Apple Valley.
(b) Title and survey requirements.
(1) Lands so dedicated shall be accompanied by a certificate of survey or shall be designated as a lot
or outlot an the plat as determined by the city.
(2) Further,such lauds shall be free and clear of all liens and encumbrances including special
assessments as evidenced by an up-to-date abstract of tale or registered property abstract to be
submitted at developer's cost to the city for its eacarninatian
(3) Such dedication shall be in the farm and manner as prescribed by the city attorney. (Ord No.
293,§1,4-21-93)
Sec.B1-22.Landlocked parcels.
As a general rule,the city shall not permit landlocked parcels or parcels that are only served by
private easements. However,the city may permit the following:
(a) Lmdocked parcels in a multiple dwelling or commercial complex provided said parcel(s)have
access to public street by an easement over another parcel within the same multiple dwelling or
commercial complex-
(b) Landlocked parcels which are unbuildable(outlots)and reserved as permanent public open
spaces such as ponding areas may be permitted. A scenic easement may be required by the city
to ensure that the property is preserved as open space. (Ord No.293,§1,4-21-83)
17
JUL-03-1997 10:33 HLM CUMMUNITY SERV blg� 'J4r HY15 r.04/04
LAND DEVELOPMENT AND PLATTING
(C) Name and right-of-way width of each street or other right-of-way-
(D) Location,dimensions,and purpose of any easements.
(E) Number to identify each lot and/or block or letter to identify each tract or outiot.
(F) Location and description of monuments.
(G) Certification by surveyor as to accuracy of survey and plat.
(H) Statement by owner dedicating any streets, rights-of-way, easements, and parks.
(1) Title,scale, north arrow,and date.
(2) At the time of submission of the mounted copies of the final plat, the following additional
requirements shall be completed:
(A) Evidence of Title. At least 5 days in advance of requesting final approval of a subdivision, the
subdivider shall submit to the City Attomey reasonable evidence of title to the tract
(B) Park Donation.
(i) Findings and Purpose. The City Council finds that the preservation and development of
parks, playgrounds, and open space areas within the City are essential to maintaining a healthy and desirable
environment for residents and persons employed within the City, and it also finds that the value and
attractiveness of residential and commercWndustrial developments to land owners, developers, purchasers,
employers, and employees is significantly enhanced by the presence of such park and open space amenities.
The City Council finds that development of land for residential, commercial, and
industrial purposes creates a need for park and recreational land and facilities within the City. The Council finds
that residential development creates approximately 90%of this need and that commercial/Industrial development
creates approximately 10%of this need.
Minnesota statutes Section 462.358. Subd. 2b provides that municipal subdivision
regulations may require that a reasonable portion of any proposed subdivision be dedicated to the public or
preserved for conservation purposes or for public use as parks, playgrounds, trails,wetlands, or open space, and
that the municipality may altematively accept an equivalent amount in cash.
The City Council finds that it is appropriate that each development within the City
contribute toward the City's park system in proportion to the burden it will place upon that system. Therefore,
these park donation regulations are established to require new developments at the time of subdivision to
contribute toward the City's park system in rough proportion to the relative burden they will place upon that
system.
(ii) Definitions.
(1) Development Employees-This term refers to the approximate number of additional
employees that will result from the proposed commeroiallindustrial development of the land being subdivided, and
it Is equal to the product of(1) the number of square feet of floor area of the new structural improvements in the
proposed commerciaUndustrial development and (2) the average number of employees per 1,000 square feet of
floor area of the proposed type of development, according to the most recent figures of the Metropolitan Council.
(11) Development Residents-This term refers to the approximate number of additional
residents that will result from the proposed residential development of the land being subdivided, and it Is equal to
the product of (1) the number of new residential units in the proposed residential development and (2) the
average number of residents for the type of residential unit in the proposed development, according to the most
recent figures of the Metropolitan Council,
(111) Per Capita Commercial Share - 10% of the current fair market value of the City-
owned parkland and park improvements, according to the most recent estimates of the City assessor, divided by
the current number of persons employed within the City, according to the most recent figures of the Metropolitan
Council.
(IV} Per Capita Residential Share - 90% of the current fair market value of the City-
owned parkland and park improvements, according to the most recent estimates of the City Assessor, divided by
the current number of City residents, according to the most recent figures of the Metropolitan Council.
(V) Proposed Development - the physical development proposed for the site being
subdivided, not including existing structures.
(VI) Undeveloped Land Value -the estimate of market value as calculated by the City
Assessor of the property included in the subdivision as of the date of approval of the final plat.
(ill) Basic Rule.
(t) At the.time of subdivision of land within the City, there shall be dedicated or
reserved to the public, for public use for parks, playgrounds, trails, wetlands, or public open space, land or cash
equivalent, equal in value to the proposed development's proportional share of the City park system, but not
exceeding 10% of the undevelopment land value of the land being subdivided. The proposed development's
16-8
TOTAL P.04
JUL-03-1997 10:32 BLM COMMUNITY SERU 612 940 0715 P.03iO4
BLOOMINGTON CITY CODE
proportional share of the City park system (the "developments proportional share") shall be as determined
pursuant to paragraph (iv), below.
(11) The City shall have the option as to whether land or cash shall be donated to
satisfy the dedication requirement. The cash payments shall be used for the acquisition and improvement of land
for parks, playgrounds, trails,wetlands, or public open space, or as otherwise provided by statute. To determine
the value of the land being dedicated,the undeveloped land value shall be used.
(111) In any subdivisions which include outlots, the subdivider may pay to the City the
development's proportional share for the entire subdivision, including the outlots, or the developments
proportional share exclusive of the outlots. When such outlots are subdivided, the park dedication requirement
for that area shall be paid if not previously paid.
(iv) Calculation of Developments Proportional Share.
(1) Residential Developments. A residential development's proportional share is the
product of(1)the Per Capita Residential Share and (2)the number of Development Residents.
(1I) Commerciallindustrial Developments. A commerciaUindustriai development's
proportional share is the product of (1) the Per Capita Commercial Share and (2) the number of Development
Employees.
(C) Provision for the Installation of the following public improvements. All such improvements
shall be made in accordance with the plans and specifications of the City Engineer as approved by the Planning
Commission and the City Council. All concrete and bituminous construction, all storm sewers, all water systems,
and all sanitary sewerage systems shall be constructed by the City of Bloomington or by contracts let by the City
of Bloomington.
(i) Grading of all streets and other public lands and easements. If grading for park facilities
is not required, then filled, excavated, or otherwise disturbed slopes In park or public areas shall be cleared of
debris and left in neat, presentable condition with disturbed areas covered by a minimum of 4 inches of topsoil
and seeded.
(5) Surfacing of all streets with bituminous surface.
(iii) Construction of curbs and gutters.
{nr) Erection of street intersection signs.
(v) Provision for adequate drainage of surface waters.
(A) Installation of City water system.
(vii) Installation of City sanitary sewer system.
(vio) Installation of sidewalks on officially designated arterial streets, collector streets and
officially designated walkways to schools; such collector streets and walkways to be determined by the Planning
Commission and approved by the City Council.
Cw) Providing for street lighting for a period of three years.
(x) Placement of monuments or property irons on all lot comers, block comers, angle
points, points of curvature of streets, and at intermediate points as shall be required by the City Engineer. The
monuments shall be of such material, size and length as may be approved by the City Engineer. Such placement
shall occur upon completion of final grading.
(D) Financing Subdivision Improvements,
(i) In order to guarantee off-site improvements, the subdivider will be required to make a
noninterest-bearing cash deposit. The City may also accept,at its option, an irrevocable letter of credit or bond or
other instrument which provides an equal guarantee to the City and which shall not expire until 30 days after the
expiration of the subdivision agreement
(H) The subdivision agreement shall provide for either.
(1) An initial ten percent cash deposit with subsequent lot payments at 126 percent of
the estimated cost of improvements per lot as the lots are sold. The total of these payments is to be credited with
Interest to the amounts due under the subdivision agreement as calculated under subparagraph (III) below; or
(11) No initial deposit with posting of a performance bond or irrevocable letter of credit
and with subsequent lot payments at 150 percent of the estimated cost of the improvements per lot as the lots are
sold. The total of these payments is to be credited with interest to the amounts due under the subdivision
agreement as calculated under subparagraph (in-) below. Neither the performance bond nor irrevocable letter of
credit shall expire until 30 days after the expiration of the subdivision agreement.
(iii) Final actual construction costs of the improvements Installed are to be calculated and
charged to the subdivider at the time of adoption of an assessment roll which includes improvements in the
particular subdivision. At that time the subdivider shall commence payment of the interest thereon at the interest
rate specified by the City Council for that assessment roll.
(E) Protective covenants, if any.
16-9
JUL-03-1997 10:31 BLM COMMUNITY SERU 612 949 8715 P.02/04
LAND DEVELOPMENT AND PLATTING
(F) Deeds for all easements required but not shown on final plat.
(3) The Director of Public Works shall cause the final plat to be scheduled for consideration by the City
Council at the next available Council meeting. At that meeting, the City Council shall either approve or
disapprove the final plat, and in the case of disapproval shall state the reasons therefor. In the case of approval,
the Council shall adopt a resolution of approval so stating the plat is approved,
(Code, 1958 S 20.09; Ord. No. 73-44, 7-2-73; Ord. No.73-77, 11-19-73; Ord. No. 74-75, 5-20-74; Ord, No. 76-66,
12-27-76, Ord. No. 81-28. 7-6-81; Ord. No.97-23, 6-2-97)
SEC 1610 PROOF OF FILING PLa-G
The Department of Community Development shall not issue building permits on the platted property until such
time as a certified copy of the recorded plat has been filed with the Department of Community Development. In a
rase where the City of Bloomington is a party to the platting, a copy of the plat certified by the City Clerk as true
and correct,will satisfy the requirements of this Section.
(Code, 1968 S 20.10; Ord. No.76-52. 11-15 76)
TAN
All plats shall conform to the design standards set forth in this Article, except In cases of changes permitted in
a planned development, neighborhood unit development, by City Council approval of a waiver of platting
requirements,or by specific exception designated in this Code.
(1) Streets.
(A) The character, extent, width, grade, and location of all streets shall be considered in their
relation to existing and planned streets, to topographical conditions,to public convenience and safety, and in their
appropriate relation to the proposed uses of the land to be served by such streets.
(B) The arrangement of streets in a subdivision shall either.
• (i) Provide for the continuation of existing streets In surrounding areas; or
('u) Conform to a plan for the neighborhood approved or adopted by the City Council to meet
a particular situation where topographical or other conditions make continuance of existing streets Impractical.
(C) Residential streets shall be so laid out that their use by through traffic will be discouraged.
(D) Where a subdivision abuts on or contains an existing or proposed arterial street, marginal
access streets, reverse frontage with screen plantings, non-access reservations along arterial property lines
abutting the arterial streets, deep lots, or such other treatment as may be necessary for protection of residential
properties shall be required.
(E) Where a subdivision borders on or contains a railroad right-of-way or limited access highway
right-of-way, a street approximately parallel to and on each side of such right-of-way, at a distance suitable for the
appropriate use of the intervening land,as for park purposes In residential districts, or for commercial or industrial
purposes In appropriate districts may be required. Such distances shall also be deterrtuned with due regard for
the requirements of approach grades and future grade separations.
(F) Street access shall not be denied by creation of parcels of land of substandard depth which
are held in private ownership.
(G) Street intersections with centerline offsets of less than 200 feet shall be avoided.
(H) When connecting street lines deflect from each other at any one point by more than 10
degrees, they shall be connected by a curve with a radius adequate to ensure a sight distance of not less than
300 feet for minor and collector streets or of such greater radius as the City Engineer recommends.
(1) Streets shall be laid out so as to intersect as nearly as possible at right angles and no street
shall intersect any other street at less than 60 degrees.
(J) Street right-of-way widths shall be dedicated as shown in the Projected Street Plan for 1970-
1980, May 1970, adopted by the City Council November 23, 1970, and any subsequent amendments thereto.
Where not shown therein, dedicated street rights-of-way shall not be less than as follows:
Street Type Right--of-way Feet
• Arterial 100
Collector 80
Residential or Minor 60
Marginal Access 50
16-10
FROM :MAFLEGROVE'FARVS&REC" " G12 494 64S4 1937,07-03 06:59 #119 P.10/10
PARK DEDICATION SURVEy
0 updated 12/30/96
CITY RESIDENTIAL FEES COMMERCIAI!
EAGAN' INDUSTRIAL FEES
68I-4600, Che�' Dug 5103 l SF$1.0 per unit S3.200 per acre
8 per unit , 5880
TH/Q S777 per unit Plus Per acre for trait
Apt S772 per unit
EDEN PRAIRIE; S 1320 per
949-8440, Marlys unit
$4,500 per acre
RIVER GROVE R-I&R 2 S850 per unit HEIGH R 3 TS $650 Pi t p B
&A -1 S175 per I,000 sq
450-2597, Mark Mayer R gross floor area;B-2,3&4
S125 per 1,000 sq ft gross
floor area
I-1&I-2 S75 per 1,000 sq ft
gross floor area
PLYMOUTH 51,300 per unit
509-5200,Mary Bisek S4,050 per acre
S900 per
LAKEVnL a3' unit far tra�plus S225 per o
985-4600, Judy p 5 trail
of fair market value, no
trail fee
BURNSVIILLE R-15585.60 per unit
895-4505, T Schultz P 52,775 per acre -Industrial
y R-2 5664 per unit R 3A$683.55 $2,200 per acre- Commercial
per unit
R 3B S864.80 per unit
BROOKLYN PAU SF S800, TH or Apt. S600 per S1,800 per acre.Industrial
424-80000 Planning Dept unit
,9 0 per acre- Commercial
APPLE VALLEY Fee based on 10% of assessed o
431-8800, Randy Johnson land value- currently using Feelan based on 5 /o of assessed
S20,00p per acre value- currently using
MAPLE GROVE 5845 per unit SZ0,000 per acre
494-6200,Patty Anderson $2775 per acre -Industrial
S3,600 per acre- Commercial
AVERAGE 5955.33 per unit (singlefamily)
*Approved rates for 1997
• CITY OF MENDOTA HEIGHTS
MEMO
July 3, 1997
TO: Parks and Recreation Commission
FROM: Patrick C. Hollister, Administrative Assistant
SUBJECT: Acacia Area Ballfield Scenarios
Discussion
During the Open Space Tour at the June 10, 1997 meeting of the Parks and Recreation
Commission, Commissioners Spicer,Damberg,Libra,and Linnell and Mr. Hollister and
Mr. Esser met in front of Acacia Cemetery discussed the TIF parcels and tax-forfeit
parcels in the immediate vicinity.
Chairman Spicer directed Staff to come back to the Commission with cost estimates and
• preliminary concept plans for athletic facilities at the two sites near Acacia and to discuss
with the Cemetery the acquisition of those unused parcels owned by Acacia.
Please see the attached scenarios by Mr. Kullander. More information on this subject will
be available at the June 8, 1997 meeting.
Action Required
Review the attached information and provide further direction to Staff.
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ACACIA T.I .F. SITE
7. 6 Acres plus 1 . 25 Ac. north of Acacia Blvd.
Acquired with T.I .F. funds which may have to
be repaid to fund if land not developed for
i commercial use.
Est. Land Cost = $ 500,000. 00
Est. Two softball fields = $140 to $200, 000 .00 ��Q1
• cityO= POSSIBLE BALLFIELD SITE (y�/
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Heights ACACIA BLVD.
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If develped for baseball the cost could vary
due to type of improvement and location of
access and parking.
Est. Land Cost = $500, 000. 00
Est. Baseball field = $100 to $200, 000 . 00
• M-k
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�O{ POSSIBLE BASEFALL FIELDH Mendota DEVELOPMENT ON ACACIA SITE
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Acacia Cemetery. Land has been "protected" by
court. Would have to be "friendly" acquisition.
Size: 15 acres
Zoned: R-1 & R-3(apts)
Est. land cost = $750,000 . 00
Ballfield development costs = would depend on
number and type of fields . $100 to $400, 000 . 00
CITY OF MENDOTA HEIGHTS ACACIA CEMETERY
1101 Victoria Curve "Non-cemetery" parcel GK
Mendota Heights, Minnesota 55118 • (612) 452-1850 11 /96
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EMPLOYMENT NOTICE
Position Description: Recreation Programmer
Department: Parks Department
Salary Range: $11,777 to $14,315
Hours: 20 hours per week M-F, flexible scheduling
(occasional evenings and weekend hours)
Application Information: Call 452-1850 for an application.
Applications and resumes should be sent to:
Patrick C. Hollister
City of Mendota Heights
1101 Victoria Curve,
Mendota Heights,MN 55118
• Application Deadline: July 25, 1997
The City of Mendota Heights has a part-time employment opportunity for a Recreation
Programmer. This position is responsible for the planning,organizing, supervising and
administration of City-sponsored leisure time,recreational, and sports activities and
programs. This position represents the City in community events and programs.
Duties include planning and implementing recreation programs; selecting,training,
supervising and evaluating seasonal recreation staff; coordinating the scheduling of City
recreational facilities;preparation of annual recreation budget; coordinating the
registration for recreation programs and events; responding to citizen inquiries;
coordinating the Parks Department's involvement in community events; marketing and
promotion of recreation programs and newsletters; general administration of recreation
and leisure time activities.
Qualifications for the position include a Bachelor's Degree from an accredited college in
Parks and Recreation Administration, or related field. A combination of education and
experience may be substituted. Experience with recreational programming is desired
with abilities to coordinate staff,budgets and facilities. Previous experience with
scheduling and coordinating athletic leagues and/or tournaments is desired.
The City of Mendota Heights is an AA/EEO employer.
Dated: June 27, 1997
• CITY OF MENDOTA HEIGHTS
MEMO
July 3, 1997
TO: Parks and Recreation Commission
FROM: Terry Blum, Parks Leadperson
SUBJECT: Parks Report for June
1 . Spray parks for miscellaneous weeds.
2. Repair sprinkler system at Mendakota - Major break near one of the valves.
3. Haul in rock around cement containers at Mendakota (trim shrubs).
4. Haul in rock and dress up around sign at Mendakota. Rearrange shrubs and
add some flowering rose shrubs.
5. Paint tunnel under Marie Avenue and pavilion at Valley Park (vandalism).
6. In the process of replacing water fountain at Kensington (vandalism).
7. Apply second application of crabgrass prevention.
8. Prepare for regional baseball tournament (Norton).
9. General maintenance (cutting grass, striping fields, dragging ball fields and
trash pickup).
TB:kkb