CR 91-188 1st Reading Park DedicationAugust 16, 1991
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Council Report: 91 -188
FIRST READING OF PARK
DEDICATION ORDINANCE
Proposed Action.
Staff recommends the following action: " Move to approve the
first reading of Ordinance 91 -694, Park Dedication
Requirements "
Adoption of this motion will allow the second reading to be
held on September 3, 1991.
Overview.
The. recent development of the city getting closer in
acquiring Maetzold Field prompted staff to apply for an
Outdoor Recreation Grant from MN Department of Trade and
Economic Development. The grant would be used to help fund
the acquisition and rehabilitation of this field. One
requirement of the grant, that was not required last year
when the city applied for the same grant, is the need for
cities such as Hopkins to have a park dedication ordinance
in effect.
Staff has reviewed a considerable number of Park Dedication
Ordinances, and has determined that adopting an ordinance
similar to that of the City of Minnetonka would be best
suited for Hopkins.
Primary Issues To Consider.
o Why do we need a Park Dedication Ordinance?
o How will this ordinance affect the city?
o Can the Ordinance be changed?
Supporting Information.
o Ordinance 91 -694
Le &lGustafson,
c Works Director
•
Council Report: 91 -188
Page 2
Analysis of Issues.
o Why do we need a.Park Dedication Ordinance?
A new requirement of the Outdoor Recreation Grant is
that all cities applying for a grant must have a Park
Dedication Ordinance in effect. Unfortunately, our
ordinance will technically not be in effect at the time
of grant submittal. However, the State officials have
stated that their grant requirements would be met if
the city held the first reading of the ordinance prior
to grant submittal.
Another reason to have a Park Dedication Ordinance is
to provide a funding mechanism for future. park
improvements. Ordinances such as these typically rely
on large land subdivisions for the majority of the
funding. In our situation, where land subdivision is
very infrequent, the money coming into this fund will
be quite slow. This ordinance does however, provide a
means for donations to be put into this fund and used
solely for park purposes.
o How will this ordinance affect the city?
Adoption of this ordinance will . allow us to fulfill the
requirements of the Outdoor Recreation Grant program.
It will also provide us with a funding mechanism for
future park improvements. The ordinance could be
adopted for -the sole purpose of meeting grant
requirements and never used after adoption thereby not
affecting our current procedures whatsoever.
o Can the Ordinance be changed?
The ordinance can be changed in the future as Council
deems necessary. The requirements of the grant do not
specify the exact wording of an ordinance. The grant
only requires an ordinance that provides a funding
mechanism for future park improvements.
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 91 -694
AN ORDINANCE AMENDING THE HOPKINS CITY CODE, ADDING SECTION 500.75 -
PARK DEDICATION REQUIREMENTS
BE IT ORDAINED by the Council of the City of Hopkins as follows:
That Section 500.75,.Park Dedication Ordinance, be added to the
Hopkins City code to read as follows:
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 combination /redivision meant to
facilitate development and expansion of commercial, office or
industrial buildings. it shall not apply to lot
combination /redivisions which do not increase the number of single
family residential lots, conversion of apartment to condominiums, 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 proposed interest in the property. In any dedication of
required land, 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.
Subdivision 4
At the City's option, the following properties shall not be accepted
for purposes of the owner's compliance with Subdivision 1 or 2 of this
Section:
a) Land dedicated or obtained as easements for storm water 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 5
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 for single - family residential
development may be deferred until building permits are issued. Cash
contributions for single- family residential developments will be based
on the number of new developable lots created, and for multi - family
residential developments will be based on the number of new units
included in the complex. Cash contributions for commercial, office,
and industrial. developments will be based on the new square footage
added to 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
Gifts.of real or personal property dedicated for park, playground,
trail or open space purposes, that are accepted in accordance with
Minnesota Statute 465.03 be placed in the same fund established in
Subdivision 6 of this section.
Subdivision 8
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.
First Reading:
,. 19
Second Reading:
Date of Publication:
FV7
, 19
Date Ordinance Takes Effect: , 19
Nelson W. Berg
Mayor
ATTEST:
Jim Genellie
City Clerk