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Memo- 2nd Reading for Ordinance 06-971 ~ . ~ I City Clerk I CITY OF HOPKINS Memorandum To: Honorable Mayor and City Council Members Copy: From: Date: Subject: Terry Obermaier June 30, 2006 Second Reading, Ordinance 2006-971 Staff recommends a motion to adopt Ordinance 2006-971 for second reading and order publication. The ordinance has changed since the first reading. The changes were housekeeping and organizational. The City Attorney suggested the changes to make the intent clear and easily understood. A copy of the original Section 500.75 and a copy of the ordinance are attached. 1010 First Street South - (612) 935-8474 CITY OF HOPKINS Hennepin County, Minnesota ORDINANCE NO. 2006-971 Ordinance Amending Section 500.75 of the Hopkins City Code The City Council of the City of Hopkins does hereby ordain Section 1. Section 500.75, Subd. 2, of the Hopkins City Code shall be amended as follows: Subd. 2 Dedication Formula: (A) Residential Proposed Density (housing units/acre) Percentage of land to be dedicated 0-5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10% 6-10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11% 11-15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12% 16 plus....................................... 13% (B) Commercial, Industrial and Other Subdivisions 5% Po.rk Dedico.tion contribution:::; '.:ill be eoto.bliohed in Cho.pter 10 of the Hopkin:::; City Code o.nd oct from time to time by reoolution of the City Council. (C) Cash in Lieu of Land Dedication- Residential Cash in lieu of land dedication for Residential Subdivisions shall be in an amount set by City Council Resolution as per Section 1010.23 of the Hopkins City Code. (D) Cash in Lieu of Land Dedication- Commercial, Industrial, and Other Cash in lieu of land dedication for Commercial, Industrial, and Other Subdivisions shall be in an amount determined by the estimated fair market value of the property to be dedicated to the city (5%) as calculated by the County Assessor, as of the date of the approval of the final plat, replat, subdivision or waiver of plating. The estimate of fair market value shall include value added to the property by utili ties, streets, and other public improvements serving the land, but shall exclude value added by other improvements to the land. Section 2: The effective date of this ordinance shall be July 13, 2006. First Reading: June 19, 2006 Second Reading: July 5, 2006 Date of Publication: July 13, 2006 Date Ordinance Takes Effect: July 13, 2006 Eugene J. Maxwell, Mayor ATTEST: Terry Obermaier, City Clerk APPROVED AS TO FORM AND LEGALITY: City Attorney Signature Date Hopkins City Code (Amended Jul 2003)500.75, Subd. 2 500.75 Park Dedication. Subdivision 1. In every plat, replat or subdivision of land allowing development or redevelopment for residential, commercial, industrial or other uses or combination thereof, or where a waiver of platting is granted (but excluding simple lot line adjustments which do not create additional lots), a reasonable portion of such land be set aside and dedicated by the owner or owners to the general public as open space for parks, playgrounds, trails, wetlands or open space and it is hereby is hereby declared that, as a general rule, it is reasonable to require dedication of land equal in area to that percentage of the land set forth in Subdivision 2. The park dedication requirements of this Section 500.75 shall apply to all plats, replats and subdivision of land, including waivers of platting (except simple lot line adjustment), and including plats, replats, subdi vision and waivers of platting which combine previously subdivided or platted parcels of land into larger or fewer parcels of land. Said land shall be suitable for public use for one of the aforedescribed purposes and the City shall not be required to accept land which will not be usable for parks and playgrounds or which would require extensive expenditure on the part of the public to make them usable. This dedication shall be in addition to the property dedicated for streets, alleys or other public ways. (Amended by Ord 2000-841) Subd. 2 Dedication Formula: (A) Residential Proposed Density (housing units/acre) Percentage of land to be dedicated 0-5............................................... 10% 6-10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11% 11-15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 12% 16 plus. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 13% (B) Commercial, Industrial and Other Subdivisions.... 5% Park Dedication contributions will be Hopkins City Code and set from time Council. established to time by in Chapter resolution 10 of of the the City