CR 91-230 2nd Reading Park Dedications' \ S Y O
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October 15, 1991 ° P K�� Council Report: 91 -230
SECOND READING OF PARK
DEDICATION ORDINANCE
Proposed Action.
Staff recommends the following action: " Move to approve the
second reading of Ordinance 91 - 694 , Park Dedication
Requirements "
overview.
On August 20th the Council approved the first reading of this
ordinance. The staff report from the first reading is attached
explaining; why we need this ordinance; how the ordinance will
affect the City; and how the ordinance can be changed.
The City Attorney reviewed this proposed ordinance after Council
approved the first reading and recommended some changes to insure
the ordinance met the intent of the law. The attorney's
recommended changes have been made to the ordinance as well as
other changes to make the ordinance a better working tool.
Primary Issues To Consider.
o What changes were made to the ordinance after the first
reading?
o Do we need to approve the second reading now?
Supporting Information.
o Council Report 91 -188
o Ordinance 91 -694
Leb�`Gust "sori ./Public Works Director
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EMI
Council Report: 91 -230
Page 2
Analysis of Issues.
o What changes were made to the ordinance after the first
reading?
The major changes occurred in Subdivision 2 and 7 with
regard to how land is dedicated, and the procedure for the
City requiring cash in lieu of dedicated land. These
subdivisions include the changes recommended by the City
Attorney and are in accordance with the intent of the law.
Minor changes were made to Subdivision 1 to make it easier
to understand. Subdivision 3 and 4 were added to better
define the City's role in this process. Urban forestry was
added to Subdivision 9 & 10 to provide a funding mechanism
for this area.
o Do we need to approve the second reading now?
The second reading should be adopted now to insure that the
ordinance has been fully adopted prior to the final decision
on our Maetzold Field grant application. Council should
recall that a requirement for obtaining the grant was to
have a Park Dedication Ordinance in effect.
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August 16, 1991 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 the 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
Lee Gustafson, Public Works Director
c
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
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, and public open space. It is hereby found
and declared that, as a general rule, it is reasonable to require
dedication of an amount of land equal in value to that percentage
of the undeveloped land set forth in Subdivision 2. 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 useable for parks and playgrounds or which would
require extensive expenditure on the part of the public to make.
them useable. This dedication shall be in addition to the.
property dedicated for streets, alleys or other public ways.
Subdivision 2
Dedication Formula:
(A) Residential
Proposed Density Percentage of land
(housing units /acre) to be dedicated
0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • . . . . . . . . . . . . .. . . . . . . 10%
6- 10 ................... ............................... 11%
11 . . . . . . . . . . . . . • . . . . . . . . . . . . . . . . . . . . . . • . . . . ... . . . . . 12%
16 plus.... .............. .................... 13%
(B) Commercial, Industrial and Other Subdivisions., ....... 50
Subdivision 3
In establishing a reasonable portion to be dedicated, the City
may give credit, for open space, park, recreational or common
areas and facilities reserved for the subdivision.
Ordinance No. 91 -694
Page 2
Subdivision 4
Land dedicated under this provision shall reasonably conform to
the City's Comprehensive Plan. The Planning Commission and Park
Board shall review proposed dedication of land or proposed
payment of cash in lieu of land and shall recommend to the City
Council appropriate action.
Subdivision 5
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 insure 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 6
The City shall have the option to require cash contributions in
lieu of accepting dedication of land or the City may require a
combination of land dedication and cash payment.
Subdivision 7
The land dedication and /or the cash in lieu of land dedication
shall be based on the following:
(A) Residential;
Single Family Dwelling ...................$500.00 per unit
Two Family Dwelling ... ...................$500.00 per unit
Apartments and Townhouses ........ ........$200.00 per unit
(B) Commercial, industrial and other subdivisions;
Estimate of actual fair market value of the property to be
dedicated to the City in Subdivision 2, as calculated by the
City assessor, of the property 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 utilities, streets, and other
public improvements serving the land but shall exclude value
added by other improvements to the land.
Subdivision 8
The requirements of this Section shall apply at the time of the
final approval of the plat, replat, subdivision or waiver of
platting and shall apply to any plat, replat, subdivision or
waiver of platting receiving final approval after the effective
date of the ordinance.
v
Ordinance No. 91 -694
Page 3
Subdivision -9
Any cash contribution received pursuant to Subdivision 7 of
this Section shall be placed in a separate City fund and used
only for park, playground, trail, open space, or urban forestry
purposes
Subdivision 10
Gifts of real or personal property dedicated for park,
playground, trail, open space or urban forestry purposes, that
are accepted in accordance with Minnesota Statute 465.03 be
placed in the same fund established in Subdivision 9 of this
section.
Subdivision it
The City Council, at its discretion, may waive or reduce the
requirement 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:
Second Reading:
Date of Publication:
Date Ordinance Takes Effect:
Nelson W. Berg
Mayor
ATTEST:
Jim Genellie
City Clerk
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Nelson W. Berg
Mayor
ATTEST:
Jim Genellie
City Clerk