HomeMy WebLinkAboutFull Packet 6.17.2019 THE CITY OF
LAKE ELMO Our Mission is to Provide Quality Public
Services in a Fiscally Responsible Manner
While Preserving the City's Open Space
Character
NOTICE OF MEETING
City of Lake Elmo Parks Commission
3800 Laverne Avenue North
June 17, 2019 6:30 PM
AGENDA
1. Call to Order
2. Approve Agenda
3. Approve Minutes
a) May 20, 2019
4. By-Laws
5. Nature Center Patio Request
6. Pebble Park Lighting Quotes
7. Review of the Subdivison Code—Park Dedication
8. July 15Ih, 2019 Meeting Agenda
9. Communications
10. Adjourn
'Note:Every effort will be made to accommodate person or persons that need special considerations to attend this meeting
due to a health condition or disability. Please contact the Lake Elmo City Clerk if you are in need of special accommodations.
MINUTES
City of Lake Elmo Parks Commission
May 20, 2019
Members Present: Commissioners Olinger, Schumacher, Weeks, Zeno, Mayek, Ames and
Nightingale
Members Absent: None
Staff Present: City Planner Prchal, Public Works Director Powers, Administrator Handt
The meeting was called to order by Chair Weeks at 6:30 PM.
Approval of Agenda
Ames requested to amend the agenda to a discussion about Kleis Park. Motion passed.
Approval of Minutes
Minutes approved as presented
Sunfish Lake Bike Trails
Planner Prchal gave an update on MN Land Trust approval since the January meeting. He
pointed out that due to the time involved all of the maps in the RFP have not been updated yet
however the map that was approved was dated 4/15/19 in the lower left hand corner. All of
the maps would be updated before the RFP issued.
Prchal covered issues related to the soils, endangered species, existing trails and the proposed
new trail plan. Staff is recommending the removal of some trails due to redundancy,
environmental impacts and eliminates crossings. Parking areas and access to trails was
presented.
Narrow trail (1-2 feet) is proposed in RFP. Prchal covered fiscal items such as cost and
maintenance. Staff recommends approval of the Trail Plan and RFP to build new trails as
presented.
Schumacher pointed out that Battle Creek has paved trails. Mayek pointed out there are both
at Battle Creek.
Ames asked questions about number of crossings. There are a couple of places where they are
very close together.
Schumacher can we get these crossing down further. Theodore Wirth Park has no crossings.
Nightingale pointed out that some trails in the north at Theodore Wirth Park have some
crossings.
Discussion on good trail design would include slowing mechanisms near the crossings.
Olinger had questions about the RFP. She questioned the use of machinery. Sec. 2.9 warranty
period, she would like for it to be longer to 2 or 3 years. Will presentation to
commission/council occur? Handt said there could be a joint meeting for the presentation.
Olinger asked about removal beyond the narrow corridor. Sec. 8.2 can that be changed to not
remove trees larger than 8 inches?
Zeno questioned removing two sections of trails on the far west side that offer challenging
routes. Mayek responded that they see the most erosion and few people ski them.
Schumacher likes the challenging trails as well.
Olinger asked how many miles someone could hike away from the bike trails. Prchal identified
paths but didn't know the specific miles.
Public Comments:
Deb Krueger, 4452 Lake Elmo Ave N, concerned about biking. Reviewed other parks in the area
that allowed and did not allow mountain biking.
Stuart Johnson, 3603 Lake Elmo Ave N, avid mountain biker, mountain bikers intend to leave a
soft foot print. Narrow trails are better. Weekend trail maintenance is common volunteer
opportunity.
Brenda Jo Carlson, 8554 Hidden Bay Trail, excited to see a lot of thought put into trail system,
not a proponent of trails designed by random walkers. Why just a mountain bike trail? Should
be all bikes, all hikers, all users.
Susan Dunn, 11018 Upper 33rd St N, mountain biking started in 2013 in Parks Commission
discussion. Ordinance was passed that prohibited mountain biking. What happened to it? In
the 1970s there were specific uses for parks purchased in the City. Sunfish is a nature park. This
was a closed process since January.
David Morgan, 13780 Manning Trail N, chair of first parks commission in 1971. Sunfish was to
be left as natural as possible. Terrain is steep. Liability for crashes. Citizens of Lake Elmo are
more important than visitors.
Susan Saffle, 11180 50t" St, park survey data shared. Walking and hiking was highest activity of
usage from responders. Rare birds. Habitat loss. Maintenance costs-who will pay and will it be
done consistently? Erosion concerns-severe soils prone to erosion. Will there be promotion of
commercial uses such as renting out park for races, time trials.
Todd Williams, 3025 Lake Elmo Ave N, Sunfish should remain natural. Need a large area to
remain natural. Council accepted Trail Guide Plan in 2006. Plan states bicycles and motorized
uses prohibited from Sunfish Lake Park.
Joe Chavez, 3505 Kelvin Ave N, petition submitted to prohibit mountain biking trails in Sunfish
Lake Park.
Joni Chavez, 3505 Kelvin Ave N, opposed to mountain bike trails is two fold-landlocked parcel
may impact value of land. Father was one of the landowners that sold land for Sunfish Lake
Park. Purpose was to create a nature preserve. Joni also submitted written comment.
Mary Frick, 2773 Lisbon Ave N, routinely in Sunfish and other parks at least once a week.
Encountered some mountain bikes over the last year. Bikers come up on you quickly with little
detectability (few seconds). Lake Elmo Park preserve has minutes to see the bikes. Dogs running
loose. Concern bikers will go on other trails. Maintenance is an issue. Sees trees down for
about a month. Construction and early use of trail creates 2/3 of disturbance.
Linda Keller, 4594 Lilac Lane N, birder, loves Sunfish Lake Park. Against biking in Sunfish.
Concerned about safety. Where are accesses for emergency services?Training and extra
personnel needed for extraction?
Ann Budcheck, 2301 Legion Ave, 2040 comp plan relevant areas-only two parks where
mountain biking is allowed is in Pebble and Reid. April 4, 2013, Administrator Zueleger
suggested keeping Sunfish a natural park. Ordinance prohibiting mountain biking. Soils limited.
Blandings turtles in the area what will happen when they are nesting. Rust patch bumble bee
area. Safety of crossings.
Brad Kopp, 2040 Manning Trail N, avid mountain biker. Biking community is not about
destroying this park. One acre of physical trail is allocated, 0.5% of park. Great need for this.
Over 40% increase in high school mountain biking teams in the last few years. Other trails but
nothing like this is intended to be. Reid Park is also different as an entry for kids beginning.
Riders slow down for crossings. Average 8-9 miles of speed. Trail builders know how to build
trails that require minimal maintenance. Community driven and will volunteer. Work together.
Sarah Berkowitz, 11063 11t" St N, love Sunfish for hiking and would also like to mountain bike
there. It is a great park for that if trails are built right. Strong community willing to build trails
and do maintenance. Parent of high school mountain biker.
Matt Lehmann, 218 Maple St W, Stillwater, representing SASCA. Addressed mountain biking
culture. Mountain biking has changed. With a good trail design problems of the past go away.
Jeffrey Saffle, 11180 501" St, two different cultures-bikers and birders. Marginalize those who
want to use the park for things other than mountain biking.
Ed Nielsen, 9498 Stillwater Blvd, dumb idea to put mountain biking in the best park in Lake
Elmo. Woodbury only has one park suitable for mountain biking. Shared the uses in Sunfish
Lake Park, does not include mountain biking. Shared letter to the city.
Kim Knandel, 3554 Kelvin Ct N, small portion of plant communities still in place today.
Referenced DNR info from Sue Dunn. Won't be able to restore trails if this goes wrong.
Concerned about dogs getting hurt.
Dick Wier, 3645 Laverne Ave N, viewed by MN Land Trust and they Wed it. If it was harmful to
the park they wouldn't have approved it. Some slides showed foot traffic more harmful than
bikes. Park should be open to everyone.
Ames motion seconded by Mayek to recommend approval of the Trail Plan and RFP to build the
new trails which has been presented, within Sunfish Lake Park.
Ames understands from the city that biking is an allowed use in the park. Discussion should be
around the proposal, not the use. Weeks asked administrator about issues raised that would
prohibit mountain biking. Handt said the process of an ordinance being changed is reasonable,
conservation easement does not prohibit mountain biking, 2040 Comp Plan has language that
allows biking in Sunfish Lake Park.
Zeno recalls conservation easement he voted on included prohibition of mountain biking.
Schumacher said Land Trust is not saying we should build it, only that we can.
Ames referenced the report in the packet regarding soils and erosion. If you can't bike in there
you can't walk in there.
Olinger mentioned this issue keeps coming up year after year. It's not just a small group of
people. The prohibition on mountain biking in 1990s was because of erosion due to them not
being built properly.
Schumacher safety is still a concern. Should you overlay this on the existing park? Zeno not
convinced safety is an issue at intersections if speed control is included. Speed control should
be included in the RFP.
Motion passed 5-2.
2020-2024 Parks Commission Capital Improvement Plan (CIP)
Handt provided a summary of the 2020-2024 CIP.
Public Comments:
Mark Rubbert, 8740 9t" Place N, support for Inwood Park. A neighborhood task force has been
formed and is willing to help.
Motion by Olinger, seconded by Ames to proceed with lighting and security features for Pebble
Park. Motion approved 7-0.
Zeno left the meeting.
Motion by Weeks, seconded by Olinger to recommend approval of 2020-2024 CIP as presented.
Motion passed 6-0.
Buckthorn Removal Grant
George Johnson requested approval to have Stantec prepare grant proposal for buckthorn
management.
Ames motion to pursue this proposal from Stantec, seconded from Mayek. Motion passed 6-0.
Sunfish Lake Nature Center Patio Addition
Prchal summarized the patio proposal. Noted that it has been approved by the MN Land Trust.
Tony Manzara mentioned that a contractor was willing to donate the concrete
patio.
Commissioners had questions about what was allowed in the lease agreement and when
Manzara had to come back for approval. Handt read Article IV, section 8
regarding alterations.
Motion by Weeks, seconded by Ames to table until the June meeting. Motion passed 6-0.
Kleis Park
Ames inquired about the broken swing set at Kleis Park. Powers noted that it had been
removed a couple of weeks ago. Replacement of the equipment will be
evaluated in the future.
June Meeting Agenda
Sunfish Lake Nature Center Patio Addition
Parks Commission bylaws and policy
Mowing at Sunfish
Communications
New park construction in progress for this summer. Names will be solicited for park according
to the new naming policy. Gravel roads to parks will be graded.
Meeting adjourned at 9:30 p.m.
Respectfully Submitted,
Kristina Handt
THE CITY OF
LAKE ELMO
STAFF REPORT
DATE: June 17,2019
REGULAR
MOTION
TO: Parks Commission
FROM: Ben Prchal, City Planner
AGENDA ITEM: By-Laws
REVIEWED BY: Kristina Handt—City Administrator
BACKGROUND:
In November of 2018,the Parks Commission voted to amend Chapter 32 of the City Code. This section
directly relates to the way in which the Parks Commission will function. Some of the amended language
was intentionally removed as it would be more appropriate in the by-law(s)than it would in an ordinance.
Based on this code change, Staff has now prepared By-Laws for the Parks Commission. The drafted by-
laws work to serve as an operational guide for Commission members.
ISSUE BEFORE THE COMMISSION:
Does the Parks Commission wish to recommend approval of the drafted by-laws?
PROPOSAL:
There are certain aspects of local government operations that are appropriate to have in ordinances and
there are certain points that should be encumbered through by-laws or policies. Staff pulled multiple
examples from other communities,used the meeting guide that the Council follows and worked off of
Chapter 32 to draft the first set of by-laws for the Parks Commission. After reviewing several examples
of By-laws, Staff has concluded that there should be 7 sections in the By-Laws for the Commission to
work from. By-laws can and should be amended form time to time to maintain effective meeting flow
and to reflect current policies and practices of the City.
Officers and Duties
This section lays out expectations for all of the members and has specific language for the Chair and Vice
Chair. Much of this section is in line with the ordinance and is very similar to other community
examples. By-laws from the City of Scandia has been included as an example. For the most part the
language assigned to the chair and vice chair remained the same.
Scandia
Chair responsibilities:
1. The chair shall organize, convene and chair all meetings of the SPRC.
2. The chair will set and prepare the agendas for meetings.
3. The chair will lead the development of a committee work plan,implementation of the long-range plan and list of
annual priorities for approval by the Committee and by the City Council.
4. With the consent of the members and subject to approval by the City Council,the chair may create subcommittees
and appoint SPRC members to those subcommittees.
5. The chair shall act as liaison between the City Council and the SPRC,reporting to the Council on activities as
needed(quarterly,bimonthly etc.).
6. The chair shall coordinate the need for staff support of the SPRC with the City Administrator.
7. The chair shall represent the Committee as needed in dealings with outside agencies and organizations on matters
pertaining to Park and Recreation activities.
Vice-Chair responsibilities:
1. The vice-chair shall act as an aide to the chair in fulfilling his/her duties as chair.
2. In the absence of the chair,the vice-chair shall assume the duties of the chair.
Parks Commission
Meetings:
Some of the language in the by-laws is redundant when compared to Chapter 32, it should be known that
Chapter 32 holds more weight than the by-laws. The intent of this section is to provide an outline for
when meetings are held and some basic"rules"for operation. The intent was to create an outline that is
easily understood by Commission Members and the Public. Staff recommends that the Commission
members become familiar with Roberts Rules of Order as that is the outline which the City follows.
There are shorthand versions available online.
Order of Business:
This section establishes the outline of how a recommendation should be made. The by-laws are meant to
keep meetings orderly and on a formal level. Previously there were meetings when the Commission
would make motions and discuss them without 2nds or make amendments without passing a vote which
made it difficult for staff to accurately track. City Staff would like to see the Commission pass a motion
and then begin the discussion and not discuss the topic in too much detail prior to this happening. In short
the topic and discussion should go as follows:
1. Motion: A member raises a hand to signal the chairperson that they want to make a motion.
2. Second: Another member seconds the motion.
3. Discussion: The members debate/discuss the motion.
4. Vote: The chairperson then asks for affirmative(yes)votes, and then negative(no)votes.
Making and placing a second on the motion does not automatically mean the motion will pass and be
approved. Even if commission members generally agree with the motion they can still vote it down if
they feel there should be amendments to improve upon the motion and the goals of the City.
FISCAL IMPACT:
Staff does not foresee a fiscal impact.
RECOMMENDATION AND STAFF COMMENTS:
Staff recommends that the Commission pass the drafted by-laws.
ATTACHMENTS:
• Proposed By-Laws.
• Examples for Comparison.
o Bear Lake,Benton County,Mounds,LMNC, and Scandia.
Page 2
THE CITY OF
LAKE ELMO
City of Lake Elmo
Parks Commission Bylaws
Approved by the City Council, February 21, 20XX
Section 1. Name.
A. The name of this Commission is the Lake Elmo Parks Commission,hereinafter called the"Commission."
Beyond the by-laws,the Commission is also regulated by Chapter 32 of the City Code.
Section 2.Purpose and Mission.
A. The purpose of the Commission is to advise and provide recommendations to the Lake Elmo City Council
on needs, investments, redevelopment, and community involvement as it pertains to the parks,trails, and
recreation facilities within the City of Lake Elmo. A comprehensive list is further outlined in City Code
Section 32.092.
B. The mission of the Commission will to provide planned, quality public services consistent with the
City's character in a fiscally responsible manner.
Section 4. Officers and Duties.
A. The Commission shall have a chair and vice-chair. The term of office shall be one year and determined
by election at the first meeting of the year.
Chair
A. The chair shall organize and lead all meetings of the Commission.
B. The chair will lead the development of the Commission work plan,implementation of the long-range
plan and list of annual priorities for approval by the Commission and by the City Council.
C. If required,the Chair shall represent the Commission among other City Commissions and at City Council
meetings.
Vice-Chair
A. The vice-chair shall act as an aide to the chair in fulfilling his/her duties as chair.
B. In the absence of the chair,the vice-chair shall assume the duties of the chair.
Liaison
A. The Liaison shall be a member from the hired City Staff whose duties are to prepare reports and present
information about specific items being discussed on the advertised agenda. Responsibilities also include
the provision of recommendations from a Code perspective and to furnish reports containing the
recommendations of the Commission for consideration by the City Council.
B. Minutes of each Commission meeting shall be prepared by the City Clerk or his/her designee and
delivered to each member of the Committee at the subsequent meeting.
Duties.
All Commission Members are responsible to:
A. Fulfill the expectations of Section 32.092 of the Lake Elmo City Code.
B. Attend and participate in regular and special meetings in order to carry out the mission and duties of the
committee;
C. Express oneself,clearly and concisely,both orally and in writing,with tact,diplomacy and good
judgment;
D. Establish and maintain effective public relations when representing the Commission and the City;
E. Keep themselves up to date on the City Code and Policies related to Parks.
F. Have an understanding that they represent all Lake Elmo residents and make recommendations on their
behalf,to the best of their ability.
G. Participate in any subcommittees to which they may be appointed.
H. Commission members are strongly encouraged to perform site visits(if appropriate)to the location of
the agenda item that will be discussed.
1. Each member is required to cast a vote either recommending approval, denial, or abstention.
THE CITY OF
LAKE ELMO
Section 5.Meetings.
A. Regular meetings shall be held on the third Monday of each calendar month at 6:30 p.m. Any regular
meeting falling upon a holiday shall be rescheduled and posted appropriately to conform to the State Open
Meeting laws. Meetings shall be held at the Lake Elmo City Hall,unless notice of the alternate location
is given to the members and the public at least 3 days in advance of the meeting. All Commissions
meetings are open to the public.
B. Special Meetings. Special meetings of the Commission may be called at any time by the chair or the vice-
chair,in the chair's absence with 3 days advance notice to the public and to all Commission members.
C. Meetings shall proceed and be conducted following Roberts Rules of Order.
D. If a resident chooses to speak during a meeting the Chair shall allow them 6 minutes to state their stance
to the Commission. During that time the Chair shall also request the individual to state their name and
address. When speaking,transferring minutes from one speaker to another to increase another's allotted
time to speak is not permitted.
Quorum.
A. Four(4)members shall constitute a quorum.
i. When Members are not at a public meeting they must avoid discussing or responding to City
Business when there are more than two members involved with the conversation. Doing so could
easily constitute a violation of the State's open meeting laws. Members must abide by all aspects
of the open meeting law including serial meetings and electronic communications.
Section 6. Order of Business.
Order Established.
Each regular meeting of the Commission will convene at the appointed time and place. Commission business
shall be conducted in the following order:
A. Call to Order
B. Pledge of Allegiance
C.Public Comment for non-agenda items
D. Approve Agenda
E. Approve Minutes
F.Action Items
i. Public Comment,by approval of the Chair(specific to the action item).
G.Items for upcoming meetings
H.Adj ournment
THE CITY OF
LAKE ELMO
Section 7.Notes Order of Business.
Agenda.
A. If a Commission member wishes to add an item to the agenda they must contact City Staff the
Tuesday of the week before the meeting to make the request.
Reports. The following is the order that agenda items should be presented and discussed.
A. Introduction of item.
B. Report by Staff or other presenter.
C. Questions from Commission to presenter.
D. Address questions/comments to applicant/presenter.
E. At the discretion of the presiding Officer, a public comment period may be held. Each member of
the public shall state his or her comments within a time period of 6 minutes. The Commission shall
not interrupt or interact until public comments are completed.
F. After steps D. and E. the Commission shall enter into a discussion which may include follow up
questions to Staff or the Presenter.
G. Following discussion the Commission may make a motion, followed by a second. Additional
discussion may occur before a vote is taken. The results of the vote are announced by the Chair.
Public Comment. At the discretion of the presiding officer,there may be a public comment period.
A. A limited forum maybe be provided for members of the public to speak with the Commission on
each agenda. Public comments during the public comment period are subject to the following
limitations:
a. Speakers must be recognized by the presiding officer before speaking and are limited to 6
minutes for comment. Speaking time shall not be passed from one person to another with the
intent of increasing speaking time;
b. When multiple speakers appear to speak on the same topic,comments should not be repetitive.
The presiding officer may request speakers to appoint a spokesperson;
c. The Chair should request speakers to sign up prior to speaking and provide their name, address,
and a brief summary of the subject matter which they wish to address. The sign-up sheet will be
available at the start of the Commission meeting;
B. Commissioners shall not interrupt or interact with the public during the public comment period.
This forum is not intended to serve as a back and forth discussion. Furthermore,the Commission
will only discuss items that are on the agenda.
C. If a topic is brought up during the public comment period which was not on the agenda,the
Commission may direct Staff to add it to a future meeting agenda.
Section 7.Amendments.Amendments may be made to the By-laws for the Commission so long as the request
is established on an agenda for a regular meeting. These bylaws and amendments thereto are subject
to approval by the City Council.
Village of Bear Lake
Planning Commission Bylaws
The following rules of procedure are hereby adopted by the Village of Bear Lake
Planning Commission to facilitate the performance of its duties as outlined in the
Michigan Planning Enabling Act, Public Act 33 of 2008, MCL 125.3801, et seq., and the
Michigan Zoning Enabling Act, Public Act 110 of 2006, MCL 125.3101, et seq.
SECTION 1: Officers
A. Selection and Tenure—At the first regular meeting each January, the
planning commission shall select from its membership a chairperson and
secretary, and vice-chairperson. All officers shall serve a term of one year, or until
their successors are selected and assume office, except as noted in C,below. All
officers shall be eligible for re-election for successive terms for the same office.
B. Chairperson—The chairperson shall preside at all meetings, appoint
committees and perform such other duties as may be ordered by the planning
commission.
C. Vice-Chairperson—The vice-chairperson shall act in the capacity of the
chairperson in his/her absence. In the event the office of chairperson becomes
vacant, the vice chairperson shall succeed to this office for the unexpired term,
and the planning commission shall select a successor to the office of vice
chairperson for the unexpired term.
D. Secretary—The secretary shall execute documents in the name of the
planning commission and shall perform such other duties as the planning
commission may determine.
1. Minutes—The secretary shall be responsible for maintaining a permanent
record of the minutes of each meeting and shall have them recorded in
suitable permanent records maintained by the Village clerk. The minutes
shall contain a brief synopsis of the meeting, including a complete
restatement of all motions and record of votes, conditions or
recommendations made on any action and record of attendance.
2. Correspondence—The secretary shall be responsible for issuing formal
written correspondence with other groups or persons, as directed by the
planning commission. All communications,petitions, reports or other
written materials received by the secretary shall be brought to the
attention of the planning commission.
3. Attendance—The secretary shall be responsible for maintaining an
attendance record for each planning commission member and report those
records annually to the planning commission for inclusion in the annual
report to the Village Council.
4. Notices—The secretary shall oversee the issuance of such notices as may
be required by the planning commission, including Open Meetings Act
notices, as well as notice required for specific planning or zoning actions
under the Michigan Planning Enabling Act or the Michigan Zoning
Enabling Act.
S. Other-If the Planning Commission so chooses, the Village of Bear Lake
Clerk may assume duties of minutes and notices.
SECTION 2: Meetings
The business the planning commission may perform shall be conducted at a public
meeting held in compliance with the Open Meetings Act. The planning commission may
establish reasonable rules and regulations in order to minimize the possibility of
disrupting the meeting.
A. Regular Meetings—The planning commission shall hold not less
than four regular meetings each year and by resolution shall determine the time
and place of such meetings. Other meetings may be held as necessary. When a
regular meeting falls on a legal holiday or upon a day resulting in a conflict, the
planning commission shall, if possible, select a suitable alternate meeting date in
the same month as the originally scheduled meeting.
Notice of regular planning commission meetings shall be posted at
the principal Village office within 10 days after the planning commission's first
meeting in each calendar year in accordance with the Open Meetings Act.
B. Special Meetings—Special meetings may be called by the
chairperson or upon written request to the secretary by at least two members of
the planning commission
Notice of special meetings shall be given to the members of the
planning commission at least 24 hours prior to the meeting. Such notice shall state
the purpose,time and location of the special meeting and shall be posted in
accordance with the Open Meetings Act.
C. Notice—Notice required for specific planning, zoning or other
land use actions will be given in accordance with the Michigan Planning Enabling
Act, the Michigan Zoning Enabling Act, Land Division Act, or other applicable
statute.
D. Public Hearings—All public hearings held by the planning
commission must be held as part of a regular or special meeting of the planning
commission.
E. Agenda—The chairperson shall be responsible for preparing a
tentative agenda for planning commission meetings. The agenda may be modified
by action of the commission. Except where modified, the order of business for
Commission meetings shall be as follows:
1. Call to Order
2. Roll Call and Determination of a Quorum
3. Pledge of Allegiance
4. Approval of Agenda
5. Approval of Minutes
6. Public Hearings
7. Old Business
8. New Business
9. Public Comments (non-agenda items)
10. Correspondence (non-agenda items)
11. Reports to the Commission
12. Commissioner Comments
13. Adjournment
F. Quorum—Three members of a five-member planning commission
shall constitute a quorum for transacting business and taking official action for all
matters. No official action of the commission may be taken without a quorum
present.
G. Voting—An affirmative vote of the majority of the members of the
planning commission is required to approve any part of the master plan or
amendments to the plan or to amend these bylaws. Unless otherwise required by
statute, other actions or motions placed before the planning commission may be
adopted by a majority vote of the members present and voting, as long as a
quorum is present. Voting shall be by voice vote; a roll call vote shall be required
if requested by any commission member or directed by the chairperson. Except in
the case of conflict of interest, all planning commission members, including the
chairperson and ex officio member, shall vote on all matters.
H. Public Records—All meetings, minutes, records, documents,
correspondence and other materials of the planning commission shall be open to
public inspection in accordance with the Freedom of Information Act, except as
may otherwise be provided by law.
SECTION 3: Duties of the Planning Commission
The planning commission shall perform the following duties:
A. Prepare, review and update a master plan as a guide for
development within the Village's planning jurisdiction.
B. Take such action on petitions, staff proposals and Village Council
requests for amendments to the zoning ordinance as required.
C. Take such action on petitions, staff proposals and Village Council
requests for amendments to the master land use plan as required.
D. Prepare an annual written report to the Village Council of the
planning commission's operations and the status of planning activities, including
recommendations regarding actions by the Village Council related to planning
and development. The Chairman shall present written report at the beginning of
each calendar year.
E. Take such actions as authorized or required by the Michigan
Planning Enabling Act.
F. Take such actions as authorized or required by the Michigan
Zoning Enabling Act.
G. Review subdivision proposals and recommend appropriate actions
to the Village Council.
H. Perform other duties and responsibilities or respond as requested
by any Village Council or commission.
SECTION 4: Absences, Removals, Resignations and Vacancies
A. To be excused, members of the planning commission shall notify
the planning commission chairperson or other planning commission member
when they intend to be absent from a meeting. Failure to make this notification
prior to the meeting shall result in an unexcused absence.
B. Members may be removed by the Village Council for misfeasance,
malfeasance or nonfeasance in office upon written charges and after a public
hearing.
C. A member may resign from the planning commission by sending a
letter of resignation(via postal service or electronic mail)to the Village Council.
D. Vacancies shall be filled by the Village Mayor,with the approval
of the Village Council. Successors shall serve out the unexpired term of the
member being replaced.
SECTION 5: Conflict of Interest
Before casting a vote on a matter on which a planning commission member may
reasonably be considered to have a conflict of interest, the member shall disclose the
potential conflict of interest to the planning commission. Failure of a member to disclose
a potential conflict of interest as required by these bylaws constitutes malfeasance in
office.
Conflict of Interest is defined by Village ordinance.
SECTION 6: Amendments
These bylaws may be amended at any meeting by a vote of the majority of the
membership of the planning commission.
Adopted by the Village of Bear Lake Planning Commission at a regular meeting on
XXX.
BY-LAWS OF
THE BENTON COUNTY PARKS COMMISSION
Article I: Name of the Commission
The name of the organization shall be the Benton County Parks
Commission.
Article II: Vision, Mission and Purpose
Section 1. Vision:
The vision of the Parks Commission is to create, sustain and preserve
excellent parks, trails and open spaces to enhance the lives of current and
future generations of Benton County residents.
Section 2. Mission:
The mission of the Parks Commission is to contribute vision, leadership and
recommendations to the Benton County Board of Commissioners for the
best use and development of Benton County parks, trails and open spaces.
Section 3. Purpose:
The purpose for which this commission is organized shall be to work as a
team to:
1. Study and determine the park, recreation and open space needs of the
County and serve as an advisory body providing recommendations to the
County Commissioners on matters pertaining to the planning,
programming, evaluating and funding of park and recreation facilities
and programs in accordance with Minnesota Statutes 398.31 to 398.36.
2. Recommend priorities to the County Commissioners, with reference to
the Benton County Comprehensive Land Use Plan for the acquisition,
development, operation and maintenance of recreation areas, natural
areas, facilities and programs.
Article III: Authorization
The authorization for the establishment of this commission is set forth under
Minnesota Statutes, Section 398.36. Duties are delegated to the Parks
Commission by the Benton County Board of Commissioners by Ordinance
#355 as amended, and power pursuant to Minnesota Statutes, Section 398.31
to 398.36.
Article IV: Membership
Section 1. Commission Structure:
The County Parks Commission shall consist of five (5) members: appointed
by the County Board representing each Commissioner District. When no
Page 1
Revised May 15, 2018
qualified members are willing to serve from each Commissioner District,
appointments may be made without regard to District residency. However,
all Park Commission members shall be County residents at the time of
appointment and for the duration of their term of office.
Article V: Term of Office
Section 1: Term and Term Limits:
The term of Park Commission members shall be for three (3) years, except
initial terms shall be staggered so that no more than two members' terms
expire in a given year. All regular terms shall expire December 31 sc
Current members must reapply for appointment, if interested. All members
shall not serve more than three (3) consecutive three (3) year terms. Upon
completion of the terms, a member may be eligible for reappointment after
one (1) year of non-membership.
To ensure that the terms are staggered, the charter members will have the
following initial terms:
Commissioner District 1 and 2: 1-year term
Commissioner District 3: 2-year term
Commissioner District 4 and 5: 3-year term
Section 2: Early Dismissal:
Any member of the Parks Commission who misses three consecutive
meetings per year, or acts in a manner inappropriate to the duties of the
Parks Commission is subject to removal at the pleasure of the County Board
of Commissioners.
Article VI: Vacancy
Any vacancy in the regular membership prior to term expiration shall be
filled by the County Board of Commissioners and such appointee shall serve
for the unexpired term so filled. Said appointee may serve additional terms
pursuant to Article IV, Section 2 and Article V, Section 1.
Article VII: Officers
Section 1. Elections:
Officers shall be elected at the first regularly scheduled meeting of the new
year. The Parks Commission shall elect from its membership a chair and
vice-chair who shall serve for a term of one year and shall be eligible for re-
election.
Section 2. Duties of Chair:
The chair shall preside at all meetings of the Parks Commission and shall
have the duties normally conferred by parliamentary usage of such officers.
The Chair shall work with County staff to establish the meeting agenda
Page 2
Revised May 15, 2018
Section 3. Duties of Vice-Chair:
The vice-chair shall act for the chair in their absence.
Article VIII: Compensation
Commission members shall receive per diem and mileage reimbursement for
attending meetings. Per diem and mileage reimbursement shall be based
upon current rates and policies as established by the County Board.
Article IX: Amending the Bylaws
The Park Commission bylaws may be amended upon a recommendation
from the Park Commission to the County Board. Bylaw amendments shall
be effective upon County Board approval or at another date as set forth in
County Board action.
Article X: Meetings
1. Meetings will be held as needed when called by the Park Commission
Chair in consultation with County staff,but no less than twice per year.
2. The Commission may establish and appoint committees. These
committees shall meet at the direction of the Commission and shall
report back to the Commission.
3. All meetings shall be open to the general public and shall follow Roberts
Rules of Order, Simplified and Applied, unless otherwise specified
and/or applicable.
Article XI. uorum:
1. A quorum consisting of a majority of duly appointed members shall be
present at any meeting in which official action is taken.
Page 3
Revised May 15, 2018
MOUNDS VIEW CHARTER COMMISSION
BYLAWS
Adopted: November 10,2016
ARTICLE I- THE COMMISSION
Section 1. Name of Commission. The name of the Commission is the "Charter Commission of
Mounds View, Minnesota."
Section 2. Purpose. The purpose of the Charter Commission is to serve as custodians of the
Mounds View City Charter in accordance with state laws, these bylaws and rules of the Charter
Commission.
Section 3. Office of Commission. The offices of the Commission are at Mounds View City Hall
for purposes of official Commission business.
Section 4. Members. The Commission is composed of up to and including nine (9) members.
Members shall serve during their term and until their successors are appointed and have qualified,
pursuant to Minnesota Statutes, Section 410.05, as amended.
Section 5. Records. Each member shall receive a copy of the City Charter and the Commission
Bylaws. The current City Charter shall be kept on file at the City offices and made available for
public review.
And
Section 6. Review of Bylaws. The Bylaws shall be reviewed at least once every two years.
ARTICLE II- OFFICERS
Section 1. Officers. The officers of the Commission are the Chair, Vice-Chair, Second Vice-Chair
and Secretary.
Section 2. Chair. The Chair shall call the regular meetings of the Commission, prepare the
agenda,preside at all meetings, oversee the implementation of the decisions of the Commission,
forward any documents to the city for action or archive, and act as the primary liaison with City
staff. The Chair retains all the rights and responsibilities held as a member of the Commission
including the right to vote. By the December meeting each year, the Chair shall submit to the
Commission for its approval, an annual report summarizing the activities and accomplishments of
the Commission for the calendar year. The annual report to the Commission may contain the
Chair's recommendation for Commission activities for the ensuing year.
Section 3. Vice-Chair. The Vice-Chair shall perform the duties of the Chair during the Chair's
temporary absence, and shall perform such duties during any vacancy of that office until the
Commission elects a new Chair.
Section 4. Second Vice-Chair. The Second Vice-Chair shall perform the duties of the Vice-Chair
during the Vice-Chair's temporary absence, and shall perform such duties during any vacancy of that
office until the Commission elects a new Vice-Chair.
Mounds View Charter Commission By-laws November 10,2016 Page 1
Section 5. Secretary. The Secretary shall prepare the records, record the minutes and votes at each
meeting stating what was done, not what was said, and submit them to the Chair before the next
regularly scheduled meeting. On or before December 31 st of each year, the Secretary shall submit to
the Chief Judge of the District Court the Chair's approved annual report outlining the Commission's
activities and accomplishments. The Secretary shall forward a copy of the report to the City
Administrator. The Commission may designate by majority voice vote an Assistant Secretary from
the Charter Commission membership whose duties shall be to assist the Secretary, and to perform
the duties of Secretary in the event of the absence or vacation of office by the Secretary until such
time as the Commission elects a new Secretary.
Section 6. Additional Duties. The officers of the Commission shall perform such other duties and
functions as may from time to time be required by the Commission or its bylaws or rules.
Section 7. Compensation; Expenses. The members of the Commission shall receive no
compensation,but the Commission may employ an attorney and other personnel to assist in
amending or revising the City Charter, and the reasonable compensation and the cost of printing
such charter, or any amendment or revision thereof, when so directed by the Commission shall be
paid by the City. The amount of reasonable and necessary Commission expenses shall be so paid by
the City in accordance with Minnesota Statutes Section 410.06, as amended.
Section 8. Elections. The Chair, Vice-Chair, Second Vice-Chair and Secretary shall be elected
from among the members of the Commission within 90 days after November 1 st of even-numbered
years, and shall hold office for two years or until their successors are elected and qualified. The
Chair shall conduct the election. Officers shall be declared elected and qualified by a simple
majority vote of those present and voting. Nomination for the position of Chair requires one year of
service on the commission to be eligible. No officer shall be eligible to hold more than six
consecutive terms in the same office. In filling vacancies for unexpired terms, an officer who has
served more than half of a term is considered to have served a full term in that office. Newly elected
officers shall take office at the close of the meeting in which the election is held.
Section 9. Vacancies. A vacancy in the office of Chair, Vice-Chair, Second Vice-Chair or
Secretary shall be filled by a special election by the Commission at its next meeting with the elected
successor serving the unexpired term of office.
Section 10. Appointments. It is the responsibility of each individual member that is eligible for re-
appointment to submit to the Judicial District Court Chief Judge the appropriate paper work for re-
appointment consideration. A qualified and acting member shall be defined as a person who has
been appointed by the Judicial District Court Chief Judge and has confirmed their acceptance of that
appointment by signing and returning a notarized oath of acceptance.
Mounds View Charter Commission By-laws November 10,2016 Page 2
ARTICLE III—MEETINGS
Section 1. Regular Meetings. The Commission shall meet at least once during each calendar year.
The Commission shall also meet upon presentation of a petition with signatures numbering at least
ten percent of the total City of Mounds View ballots cast for President in the most recent Presidential
election, or upon resolution approved by a majority of the City Council, requesting the Commission
to convene, the commission shall meet to consider the proposals set forth in such petition or
resolution. All meetings shall be held in the Mounds View City Hall unless meeting notices state
otherwise. All meetings shall comply with the Minnesota Open Meeting Law(Minnesota Statutes,
Section 471.705, as amended). The meetings will be conducted in accordance with Robert's Rules
of Order Newly Revised.
Section 2. Special Meetings. The Chair or any two members of the Commission may call a
special meeting to transact any business stated in the meeting notice in accordance with state law.
Notice of the special meeting shall state the time, date,place and business to be conducted at the
special meeting. Notices may be delivered by email or any method of contact that provides an
acknowledgement of receipt of the notice. Any member that does not acknowledge receipt must
have the notice delivered in person or mailed to the member's designated mailing address at least
three days prior to the special meeting. The business to be considered at special meetings shall be
limited to that stated in the meeting notice unless all members of the Commission are present and
vote unanimously to conduct additional business.
Section 3. Ouorum. In accordance with Minnesota Statutes Section 410.05, as amended, a quorum
shall be defined as follows: If there are nine (9) qualified and acting members, then five (5) members
shall constitute a quorum. If there are less than nine (9) qualified and acting members, then four(4)
members shall constitute a quorum for the purpose of conducting the commission's business and
exercising its powers and for all other purposes. If the commission lacks a quorum, a smaller number
of members may set a time to reconvene the commission, continue to meet as a subcommittee if
desired, and report their discussions to the commission.
Section 4. Order of Business.
The Commission shall use the following order of business at its meetings:
1. Call to Order
2. Roll Call.
3. Approval of Minutes.
4. Citizens Comments from the floor.
5. Reports of the Chair.
6. Reports from members or committees.
7. Unfinished Business.
8. New Business.
9. Adjournment.
Order of Business may be changed at a meeting by a majority vote of the commission members
present.
Section 5. Committees.
The Commission may establish and appoint committees. Each committee must designate a Chair.
Mounds View Charter Commission By-laws November 10,2016 Page 3
Section 6. Discharge of Members. Any member who has failed to attend four consecutive
meetings, regular or special, without being excused by the Commission, may be discharged
according to the provisions of Minnesota Statutes, Section 410.05, Subdivision 2, as amended.
ARTICLE IV-AMENDMENTS AND REVISIONS
Section 1. Bylaws Amendment Procedure. The Commission Bylaws may be amended by a
resolution, made in writing, and adopted by a majority vote of qualified and acting members at a
properly noticed meeting of the Commission.
Section 2. Charter Amendment Procedures.
The Charter may be amended as provided in Minnesota Statute 410.12, as amended, and
summarized here by any one of the four following methods:
Method 1. The Charter Commission may by a majority vote of its members approve a
resolution recommending an amendment to the Charter by Ordinance under Minnesota Statute
410.12 subd 7. Such an Ordinance must be published in the official newspaper two weeks prior
to a public hearing on the matter and then requires an affirmative vote of all members of the City
Council.
Method 2. The Charter Commission may by a majority vote of its members approve a
resolution recommending an amendment to the Charter by requesting it be placed before the
voters under Minnesota Statute 410.12 subd 1 - 4. If there is a general election scheduled to
occur within six months, the City Council shall have such an amendment prepared and placed on
the ballot at the general election. Proposed charter amendments must be submitted at least 12
weeks before the general election. If no general election is scheduled to occur within six months,
the City Council shall prepare the amendment and call a special election within 90 days after the
delivery of such amendment to the City Administrator.
Method 3. A number of voters equal to or greater than five percent of the total City of Mounds
View ballots cast at the last State general election may,by petition, require the Charter
Commission to review and request an amendment to the Charter which may then be submitted
by the Charter Commission under the same guidelines set forth under method 1 or 2 above.
Method 4. The City Council may propose an amendment by ordinance without the initial
request of the Charter Commission under Minnesota Statute 410.12 subd 5. Such an Ordinance
shall be submitted to the Charter Commission for review and the Charter Commission can by
request be granted an additional 90 days for review. After reviewing such proposed amendment,
the Charter Commission shall approve or reject the proposed amendment or suggest a substitute
amendment. The Council may submit to the people the amendment originally proposed by it or
the substitute proposed by the Charter Commission.
Adopted: November 10, 2016
Mounds View Charter Commission By-laws November 10,2016 Page 4
^\ LEAGUE OF MINNESOTA CITIES
00 U
Constitution and Bylaws
LIA U E OF J
M I N N E SOTA As amended, June 2014
CITIES
ARTICLE I the payment of current member dues,become a member of
Name the League.
Section 1.This organization shall be known as the Section 2.Termination of Membership.Member-
League of Minnesota Cities and shall be referred to in this ship in the League is terminated or suspended whenever a
document as the League. member withdraws by giving written notice to the League or
when a member fails to pay dues,fees or assessments estab-
ARTICLE II lished and required by the League Board of Directors.Any
Purpose member that has failed to pay dues within 180 days of the
Section 1.General.The purpose of the League is to beginning of the League's fiscal year shall cease to be a
sustain and advance the interests of its members by: member until such time as all dues,fees or assessments are
A.Advocacy-Promoting and facilitating the develop- paid.
ment and expression of policies and positions con- Section 3.Delegates.Any officer or employee of a
cerning the structure and powers of local govern- member may upon payment of applicable fees and charges,
ment,and represent those municipal interests before participate in League programs and services and shall be eli-
administrative,legislative,and judicial bodies at the gible to be a delegate at any official League meeting.
local,state,and national levels. Section 4.Non-member Entities.In order to help
B.Training- Developing and providing—either alone cover costs of League programs and services,reduce the
or in concert with other governments, organizations dues and fees charged to members,and generally help the
or groups—conferences, seminars, workshops, and League accomplish it purposes,the League Board of Direc-
other training opportunities to help municipal offi- tors may,subject to such reasonable terms and conditions as
cials better fulfill their responsibilities. it may determine,authorize or revoke authorization for enti-
C.Services-Developing and providing services and ties or organizations not otherwise eligible to be members,
products for which individual members may not have to participate in some or all of the League's programs and
adequate resources. services.However,in no event shall any such entity or or-
D.Information-Encouraging the improvement of all ganization be entitled to vote on any League matter.
phases of municipal government by collecting,
developing,and providing information and advice ARTICLE IV
on topics and issues affecting local governments, Dues and Fees
and by stimulating and fostering pertinent re- Section 1.Establishment.The League Board of Direc-
search projects. tors shall set the annual dues for each member.The Board
E.Facilitation-Fostering harmonious and cooperative of Directors may increase the previous year's dues upon an
relationships with local,state,and national organiza- affirmative vote of at least twelve members of the Board of
tions and agencies,as well as government entities at Directors.Before acting on a proposed dues increase, writ-
all levels,to explore common problems and develop ten notice of the proposed increase shall be given to the
mutually acceptable solutions. members at least 60 days before the meeting at which the
proposed increase will be considered.
ARTICLE III Section 2.Basis of Dues.The dues for each member
Membership shall be based primarily on the population as established by
Section 1.Membership.Any Minnesota city and any the latest decennial Census,by an estimate made by the Met-
township having the powers of a statutory city under Minne- ropolitan Council,or an estimate by the state demographer,
sota Statutes Section 368.01 or other Minnesota general or whichever has the latest stated date.
special law may,by proper action of its governing body and
League of Minnesota Cities
145 University Avenue West • St. Paul, MN 55103-2044 • (651)281-1200 • (800)925-1122 • TDD:(651)281-1290 • www.Imc.org
Section 3.Special Assessments.A special assessment to the Board, a member is appointed or elected to a po-
may be levied upon the members for League purposes upon sition in a city that already has a representative on the
recommendation of the Board of Directors and upon approval Board, then the affected members may serve until the
by a two-thirds vote of the members voting at an official next Annual Business Meeting.If at the time of the next
member business meeting held in the manner indicated in Ar- Annual Business Meeting the term of an affected Direc-
ticle VII. for is not expired or if one or more of the affected mem-
bers is an Officer other than President, then one of the
ARTICLE V affected members shall resign his or her seat effective no
Board of Directors later than the day preceding the next Annual Business
Section 1.Composition and Terms.A Board of Di- Meeting and a vacancy shall be declared by the Board.If
rectors composed as follows shall govern the affairs of the the affected members cannot agree on who is to resign,
League: then at least 30 days prior to the Annual Business Meeting
A.Three Officers,consisting of a President,a First Vice- , the Board of Directors shall declare a vacancy, to be-
President, and a Second Vice-President, elected for come effective that day preceding the next Annual Busi-
one-year terms; ness meeting,as to one of the seats based in order of the
B.Twelve Directors, elected for three-year terms (the following considerations: 1)An Officer shall retain his or
terms shall be staggered so that at least four seats ex- her seat over a Director; 2) An elected city official will
pire each year); retain his or her seat on the Board over an appointed offi-
C.Three ex-officio Directors,one designated by the Asso- cial;3)If the affected members are both elected officials,
ciation of Metropolitan Municipalities,an organization or are both appointed officials,then the more senior mem-
serving metro-area cities;one designated by the Coali- ber(in terms of years of service on the Board)will be al-
tion of Greater Minnesota Cities,an organization serv- lowed to retain his or her seat, or if there is not a more
ing greater Minnesota cities;and one designated by the senior member, the Board shall declare a vacancy as to
Minnesota Association of Small Cities,an organization one of the seats based on the criteria in the most recently
serving small cities. Such individuals shall serve one- adopted"Board and Officer Nominating Process and Se-
year terms,beginning and ending at the League's an- lection Criteria." If the affected members cannot reach
nual business meeting,and shall be the President or an agreement on who is to resign and there is less than 30
officer of the organization. None of these individuals days until the next Annual Business Meeting, then the
shall serve more than three one-year terms.In the event Board shall act as soon as reasonably practical prior to the
any one of these individuals ceases to be the President Annual Business Meeting to declare a vacancy. The
or an officer of the designating organization,the des- members of the Board of Directors shall hold office for
ignating organization shall designate the President or their designated terms, and until their elected or ap-
another officer to fill the remainder of the term. Filling pointed successor has signified their acceptance. The
a partial term shall be considered one of the three one- new members of the Board of Directors shall take office
year terms that an individual may serve. immediately after the close of the annual business meet-
D.The immediate Past-President of the League, pro- ing.Officers and directors serving three-year terms shall
vided that person continues to hold a Minnesota mu- go through the Board election process.
nicipal office,ex-officio. In the event the immediate Section 2.Eligibility to Serve.To be eligible to be
Past-President of the League can or will not serve, elected and to serve,or continue to serve,on the Board of
the Board may leave the position vacant or fill the Directors,a person shall be an elected official or employee
vacancy with a Past-President who still holds a Min- of a member.
nesota municipal office;and Section 3.Election of Board of Directors.Each year
E. The president or a vice-president of the National the President shall appoint a committee that shall evaluate
League of Cities, if a Minnesota city official,ex-of- prospective candidates for officer positions and the twelve
ficio. members of the Board of Directors who serve three-year
The Board of Directors shall include an individual rec- terms and make a recommendation to the members at the
ommended by the City of Minneapolis and an individ- annual business meeting. All Board members except ex-of-
ual recommended by the City of St.Paul.If a vacancy ficio members shall be elected at the annual business meet-
occurs in a seat held by a Minneapolis or St.Paul rep- mg•
resentative, then the Board shall fill the vacancy with Section 4.Vacancies.Vacancies on the Board of Direc-
another recommended person; or if the requirement tors shall be governed by the following provisions:
cannot be met without the resignation of a current A.A vacancy shall occur in a position on the Board of Di-
Board member,then the seat shall be left vacant until rectors upon the happening of any of the following
the next annual member meeting.Except for ex-officio events:
seats, no city may have more than one representative 1.The person ceases to be an elected official or em-
on the Board.If after having been elected or appointed ployee of any member.
2.The person resigns their position by written notice
Page 2 League of Minnesota Cities Constitution and Bylaws
to the President or the Executive Director,or oth- Section 8.Powers.The Board of Directors shall be re-
erwise becomes permanently unavailable to serve sponsible for the general management of the affairs of the
on the Board. League,subject to the provisions of the Constitution.It may
3.The person engages in behavior or commits an do all things reasonable and necessary to further the purposes
offense which is inconsistent with the role of a of the League,including but not limited to:
Board member,is deemed unbecoming of a A.Appoint the Executive Director and fix the rate of
Board member or that reflects poorly on the pay and benefits for the position.
League as determined by two-thirds of all the re- B.Authorize other League staff positions.
maining members of the Board. C.Adopt a budget for League operations for each fiscal
4.The Board declares a vacancy due to prolonged year.
absence as provided in Section 5. D.Determine the various committees to be appointed.
B. Officers.A vacancy in the office of President shall E. Purchase,own,mortgage,lease or convey such real
be filled by the succession of the First Vice-Presi- estate and other property in the name of the League,
dent.A vacancy in the office of First Vice-President in the name of a non-profit corporation governed by
shall be filled by succession of the Second Vice- the members of the League Board of Directors,or in
President.A vacancy in the office of Second-Vice the name of any member when authorized by that
President shall be filled by appointment by the member,as may be necessary for the purposes of the
Board of Directors from the members of the Board League.This grant of authority shall include power to
of Directors. purchase or sell on a contract for deed or conditional
C.Directors.Any vacancy in the office of a Director
sales contract or otherwise.
shall be filled for the remainder of the term by the
Board of Directors,subject to approval by the F.Authorize officers,agents or employees to enter into
any contract or execute and deliver any instruments
members at the next annual business meeting.
or obligations in the name of and on behalf of the
D.Vacancies of six months or less.Notwithstanding
League.
the above,if a vacancy occurs less than six
months before the date of the annual business G.Create corporations,establish affiliate municipal or-
meeting,the Board of Directors may choose to ganizations,or enter into appropriate partnerships
leave the position vacant and have it filled by the with public or private entities.
members at the annual business meeting. H.Unless proscribed by the terms of this Constitution,the
Section 5.Attendance Requirements.If a member of Board of Directors may delegate the management of
the Board of Directors is absent for three consecutive meet- League affairs to the League Executive Director or the
ings or is absent for any four regular meetings during any Board Executive Commit- tee,consisting of the offic-
consecutive 12-month period commencing July 1,the ers and the immediate Past-President,provided the
League Board of Directors retains ultimate responsibil-
Board of Directors may declare that person's seat vacant
and the vacancy shall be filled as provided in section 4. ity for management of League affairs.
Section 6.Meetings.The Board of Directors shall Section 9.Duties of President.The President shall be
meet at such times as maybe determined by the Board, chair of the Board of Directors.The President shall preside at
the President,or by any three members,but shall assem- the annual business meeting and all other meetings of the
ble to meet at least four times annually.Notice of the League,but may designate others to preside instead.Except
Board meeting shall be provided in the manner estab- as otherwise provided by this Constitution,the President
lished by Board resolution. At any meeting the Board of shall appoint all committees established by the Board of Di-
Directors may adopt further rules governing its proceed- rectors or by the Constitution and shall appoint representa-
tivesings. Otherwise,parliamentary procedure shall be ac- oi the League to such non-League bodies as maybe ap-
pps
cording to the latest revision of Robert's Rules of Order. ro In te.
Meetings shall be in person with the exception that n the absence of the President,the First Vice-President
non-assembled meetings by telephone conference or shall act as President.In the absence of both the President
other electronic means shall be authorized if the Presi- and First Vice President,the Second Vice-President shall act
dent and Executive Director agree in advance that anon- as President.In the absence of all Officers,the Board of Di-
rectors shall choose a chair from among its members.
assembled meeting is desirable. The Board may estab-
lish policies to govern Board members' attendance to as- Section 10.Executive Director.The Executive Director
sembled,in-person meetings by telephone or other elec- shall be the chief administrative officer of the League,subject
tropic means. to the general supervision of the Board of Directors.The Exec-
Section 7.Quorum.A quorum of the Board of Direc- utive Director shall be appointed by the Board of Directors for
tors is ten members and action by the Board of Directors an indefinite period and maybe removed at will by the Board
shall require the favorable vote of a majority of those pre- of Directors.The Executive Director shall have the authority to
sent,but not less than six members. appoint,discipline,and remove League employees;to establish
terms and conditions of their employment;and to define their
League of Minnesota Cities Constitution and Bylaws Page 3
duties and responsibilities.Appointment,discipline,and re- Section 3.Special Business Meetings.The Board of Di-
moval of the General Counsel shall be subject to approval by rectors may schedule and hold other member business meet-
the Board of Directors. ings in conjunction with other statewide League conferences
The Executive Director shall submit to the Board of Di- upon at least 30 days prior written notice to each member.
rectors and to the membership an annual report of League Section 4.Quorum and Voting Requirements.At any
affairs,services,and finances which shall be communicated member business meeting,delegates from at least 20 mem-
to members in a manner deemed appropriate by the Board of bers shall be considered a quorum.Only members shall be en-
Directors.The Executive Director shall be responsible for all titled to vote at meetings,and each member is entitled to one
League records, accounts,and property.The Executive Di- vote on all matters(which shall be the predetermined majority
rector shall cause an official record of all meetings of the expression of the delegates from that member). Each member
League to be made.The Executive Director and employees shall determine which one of its delegates may cast a vote on its
designated by the Executive Director shall post a fidelity behalf,except that the mayor of a member city,if present,shall
bond at League expense. be the member city's voting delegate in the absence of a decision
of the member city to the contrary.
ARTICLE VI Section 5.Other Meetings.The Board of Directors may
Finances hold other member meetings for educational,legislative or
Section 1.Fiscal Year.The fiscal year of the League other purposes,which may be statewide or regional,and may
shall be from September 1 through August 31 of the fol- be for special classes of officers or employees or for munici-
lowing year. pal officers generally.
Section 2.Duties of Secretary-Treasurer.The Execu- Section 6.Parliamentary Rules.At any business meet-
tive Director shall act as the Treasurer and handle all League ing the members may adopt further rules governing its pro-
funds.The Executive Director shall prepare an annual ceedings.Otherwise,parliamentary procedure shall be ac-
budget of revenues and expenditures for consideration by cording to the latest revision of the Robert's Rules of Order.
the Board of Directors and shall limit expenditures to the to-
tal budget approved by the Board of Directors and any fis- ARTICLE VIII
cal policies adopted by the Board. Legislative Policy Development Process
Section 3.Audit.The Executive Director shall have Section 1.Board of Directors Roles.The Board of Di-
an audit of the accounts and finances of the League con- rectors shall establish policies and priorities to guide the
ducted at the end of each fiscal year. The audit shall be League's legislative advocacy efforts.
conducted by a certified public accountant selected by the Section 2.Policy Development Process.To assist in the
Board of Directors.The results of each annual audit shall development of legislative policies and priorities,the Board of
be provided to the Board of Directors for its review and Directors shall establish a policy development process de-
acceptance. signed to encourage and maximize member input.The process
Section 4.Finance Committee.The President shall may include but is not limited to strategies such as:
appoint a finance committee,subject to approval of the A.Creation of specific legislative policy committees or
Board of Directors.The First Vice-President shall serve as task forces.
chair of the committee. B. Solicitation of member input through surveys or
The finance committee shall review League finances questionnaires.
and services,study the League's dues structure,recom- C. Statewide and/or regional membership meetings.
mend to the Board of Directors a budget for each fiscal Section 3.Member Notification.At least once annually,
year,receive and review the annual audit results,confer the Board of Directors shall submit a report of the proposed
with the auditor and perform such other financial func- legislative policies and priorities to the members.
tions as the Board of Directors may direct.
ARTICLE IX
ARTICLE VII Miscellaneous Provisions
Member Meetings Section 1.Amendments.This Constitution may be
Section 1.Annual Conference.The League shall amended after the first day of the Annual Conference by
hold an Annual Conference on the dates and at a place a two-thirds vote of all members voting,provided that the
fixed by the Board of Directors. proposed amendments have been prepared in writing on
Section 2.Annual Business Meeting.An annual mem- or before the first day of the meeting and distributed to
ber business meeting shall be held during the Annual Confer- the delegates.An amendment in writing,offered from the
ence at a time to be determined by the Board of Directors and floor without prior notice to the delegates, shall be per-
which shall be communicated to the members.The President missible if it is an amendment to a proposed amendment,
shall appoint a nominating committee,and such other com- is on the same subject as the amendment it is proposed to
mittees as the Board of Directors may authorize,at or before amend,is germane to the amendment it is proposed to
the beginning of the Annual Conference to make reports at amend,and is approved by a two-thirds vote of the dele-
the business meeting. gates in attendance and voting.
Page 4 League of Minnesota Cities Constitution and Bylaws
Section 2.Dissolution.If,at any regular or special
meeting,three-fourths of the members of the League vote
in favor of dissolution of the League of Minnesota Cities,
the League shall be dissolved within 90 days of the date
approving such action.
Immediately after a vote favoring dissolution,the
Board of Directors shall proceed to settle any financial ob-
ligations pending against the League and to dispose of all
property held by the League.Any funds remaining after all
claims have been settled and all property disposed of shall
be returned to each participating member in proportion to
the annual dues fee paid by the member.
Section 3.Affiliates.
Subd.1 The Board of Directors may,on application
and by resolution,recognize as affiliates of
the League,organizations whose member-
ship consists predominantly of Minnesota
cities, city officials,or city employees.The
general purpose of such affiliations shall be
to encourage consistent legislative policies
and to foster cooperation and collaboration.
The Board of Directors may require for af-
filiate recognition such conditions as to ac-
tivities,membership, and finances as it
deems appropriate.
Subd.2.The League may enter into agreements with
recognized affiliates to provide goods or ser-
vices as agreed to by the League and the affil-
iate.The League may provide these services at
a fee to the affiliate.The League may also en-
ter into agreements with affiliates to jointly
and cooperatively provide information and
services to each organization's respective
membership.
Subd 3. As an affiliate created by the League,the As-
sociation of Metropolitan Municipalities shall
provide information and services to cities
within the seven county metropolitan area as
specified in MS 473.121,subd.2.Princi-
pally, the Association will provide infor-
mation and services that are related to,or af-
fected by the policies,systems and programs
provided by or are within the jurisdiction of
the Metropolitan Council.Should the Associ-
ation of Metropolitan Municipalities or a suc-
cessor affiliate dissolve the responsibility for
providing the information and services will
revert to the League.
League of Minnesota Cities Constitution and Bylaws Page 5
City of Scandia
Parks & Recreation Committee Bylaws
Approved by the City Council, February 21, 2017
Section 1. Name. The name of this Committee is the Scandia Parks and Recreation Committee,
hereinafter called the SPRC.
Section 2. Purpose. The purpose of the SPRC is to advise the Scandia City Council on all
matters relating to a park and recreation program in the city, as described in Attachment A,
Duties and Functions of the Scandia Park and Recreation Committee, approved by the City
Council on February 20, 2007 and as may be amended by the Council from time to time.
Section 3. Membership. The SPRC is made up of Scandia residents appointed by the City
Council according to the requirements of Section 8 of Ordinance No. 125.
Section 4. Officers and Duties. The SPRC shall have a chair and vice-chair. The term of office
shall be one year. Election of officers will be held at the first meeting of March of each year.
Appointment of the chair and vice chair is subject to approval by the City Council. The duties of
the officers and members are as follows:
A. Chair
1. The chair shall organize, convene and chair all meetings of the SPRC.
2. The chair will set and prepare the agendas for meetings.
3. The chair will lead the development of a committee work plan, implementation of the
long-range plan and list of annual priorities for approval by the Committee and by the
City Council.
4. With the consent of the members and subject to approval by the City Council, the
chair may create subcommittees and appoint SPRC members to those subcommittees.
5. The chair shall act as liaison between the City Council and the SPRC, reporting to the
Council on activities as needed(quarterly,bimonthly etc.).
6. The chair shall coordinate the need for staff support of the SPRC with the City
Administrator.
7. The chair shall represent the Committee as needed in dealings with outside agencies
and organizations on matters pertaining to Park and Recreation activities.
B. Vice-Chair
1. The vice-chair shall act as an aide to the chair in fulfilling his/her duties as chair.
2. In the absence of the chair, the vice-chair shall assume the duties of the chair.
C. General Membership Responsibilities. All SPRC Members are responsible to:
1. Attend and participate in regular and special meetings in order to carry out the
mission and duties of the committee;
2. Express oneself, clearly and concisely,both orally and in writing, with tact, diplomacy
and good judgment;
3. Establish and maintain effective public relations when representing the Committee;
4. Have an understanding that they represent all Scandia residents and make
recommendations on their behalf, to the best of their ability; and
5. Participate in any subcommittees to which they may be appointed.
6. If a member fails to attend meetings, fails to fulfill their responsibilities, or violates
these bylaws, the SPRC may recommend that the City Council replace the member.
Section 5. Meetings.
A. Regular Meetings. Regular meetings will be held on the first Monday of each calendar
month at 7:00 p.m. Any regular meeting falling upon a holiday shall be held on the first
Thursday of the month at the same time and place, unless otherwise determined by a
majority vote of the SPRC. Meetings shall be held at the Scandia Community Center,
14727 209th Street North, unless notice of the alternate location is given to the members
and the public at least 72 hours in advance of the meeting.
B. Special Meetings. Special meetings of the Committee may be called at any time by the
chair or the vice-chair, in the chair's absence with 72 hours advance notice to the public
and to members.
C. Quorum/ Voting. A majority of the number of officially appointed members shall
constitute a quorum. A majority of the entire membership shall decide all issues.
Conduct of meetings shall be based on Robert's Rules of Order, Newly Revised, loth
Edition.
D. Public meetings. Except as otherwise provided in the open meeting law, all SPRC
meetings, including special or sub-committee meetings, shall be open to the public.
Public notice of meetings shall be given by posting committee agendas at the Community
Center at least 72 hours prior to the meeting.
E. Minutes of meetings. Minutes of each SPRC meeting shall be prepared by the City
Clerk or his/her designee and delivered to each member of the SPRC within 14 days of
each meeting. At the next regular meeting following such delivery, Chair shall call for
any additions or corrections. If there is no objection to a proposed addition or correction,
it may be made without a vote of the SPRC. If there is an objection, the SPRC shall vote
upon the addition or corrections. If there are no additions or corrections, the minutes
shall stand approved.
Section 6. Order of Business.
A. Order established. Each regular meeting of the SPRC shall convene at the time and place
appointed. SPRC business shall be conducted in the following order:
1. Call to Order
2. Public Forum
3. Approve Agenda
4. Approve Minutes
5. Reports
6. Old Business
7. New Business
8. Items for next agenda
9. Adjournment.
B. Varying order. The order of business may be varied by the presiding officer.
C. Agenda. The clerk shall prepare an agenda of business for each regular SPRC meeting and
file a copy in the office of the clerk not later than seven calendar days before the meeting.
The agenda shall be prepared in accordance with the order of business and copies shall be
delivered to each SPRC member and posted at the community center as far in advance of the
meeting as time for preparation will permit. No item of business shall be considered unless it
appears on the agenda for the meeting or is approved for addition to the agenda by a majority
vote of the SPRC members present.
D. Agenda materials. The clerk shall see that at least one copy of printed materials relating to
agenda items is available to the public in the meeting room while the SPRC considers their
subject matter. The agenda items shall not be considered unless this provision is complied
with. This section does not apply to materials that are classified as other than public under the
Minnesota Government Data Practices Act or materials from closed meetings.
Section 7. Amendments. These bylaws may be amended at any regular meeting of the SPRC by
a majority vote of the membership, provided that notice of the amendment has been given to all
members in writing one regular meeting prior to the meeting at which the amendment will be
voted. These bylaws and amendments thereto are subject to approval by the City Council.
THE CITY OF
LJA K E ELMO
PARKS COMMISSION COMMUNICATION
DATE: June 17,2019
REGULAR
MOTION
AGENDA ITEM: Sally Manzara Interpretive Nature Center Patio Addition
SUBMITTED BY: Ben Prchal,City Planner
REVIEWED BY: Ken Roberts,Planning Director
BACKGROUND:
The Friends of Lake Elmo approached the City with the request to install a patio addition to the back of the Sunfish
Nature Center building. The MN Land Trust has had a chance to review their request and the Trust has provided
approval. Since the May 201,2019 meeting where the topic was initially discussed,the Parks Commission requested
more information to help aide in their recommendation.
ISSUE BEFORE COMMISSION:
Would the Commission like to recommend approval of the Construction of the proposed Patio?
PROPOSAL DETAILS/ANALYSIS:
Land Trust Review:
Being that the Land Trust has some jurisdiction over the park,the Nature Center needed to run their proposal past them
and receive approval as well. They submitted their proposal to the Land Trust and have received approval from the Land
Trust. The approving letter has been included as an attachment. The Land Trust believes that the improvement to the
property is in line with their values and does not conflict with the conservation easement over Area 2.
City Review:
From Staffs perspective,the City Code doesn't necessarily provide specific language to indicate one way or another as to
if a patio a patio should or should not be allowed. Because of this, Staff is reviewing it from the perspective that it would
be allowed because a patio is allowed in any other district so long as the setbacks could be maintained and the impervious
surface allowance is not exceeded. The portion of the park that the patio will go on is 151 acres and the percentage of
impervious surface that is being applied to the property is a severely small number. The proposal consists of a 15 ft.by 35
ft.patio area which measures out to 525 sgft.
Regarding the setbacks, the graphic that has been provided is not necessarily helpful in obtaining an accurate setback
distance but Staff can reasonably deduce that there is a sufficient setback. The code for the Public Facility setback is listed
as 50 ft.for accessory buildings. Staff was able to reasonably figure out that the patio would be+/-160 ft.from the property
line.
Ground Distance: 163 Feet }
;iY
The next item that Staff would review is the distance to the septic tanks and drain field. Washington County requires a 5
ft. setback from sewage tanks and a 10 ft. setback from drainfields. The patio is setback a sufficient amount from both
features. The blue represents the proposed patio.
70.
j ' O III r — ——— — ——
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I I
2 TANKS 8 LIFT I FUTURE ADDITION
I I
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I L-
� - NEW BUILDIN= patio
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I n EXISTING TREES
l� \
FIELQ\
LEASE AGREEMENT:
The City has a lease agreement established for the operation of the Nature Center and the agreement requires alterations
or improvements to the site must receive written approval from the City before commencement. Staff believes this proposal
to be an item that requires written approval of the City Council. The Lease agreement is attached for further review.
FISCAL IMPACT:
Staff does not foresee a fiscal impact for the City. However,there is a possible impact if the Nature Center and Patio did
need to be removed. Article 6 of the Lease agreement for the Nature Center outlines the escrow funds that are reserved
for removal of the structure. Currently $20,000 is being held to remove the building, if necessary. It is reasonable to
conclude that additional improvements could raise the needed escrow amount. Staff estimates that the removal cost of a
concrete patio would be around $3.00 to $4.00 per square foot. If the Commission believes it is needed, the estimated
escrow amount to remove the patio would be$2,100 with the total amount increasing to$22,100.
OPTIONS:
1) Recommend approval of the Sally Manzara Nature Center patio.
2) Recommend approval of the Sally Manzara Nature Center Patio with an increase in escrow
3) Recommend denial of the Sally Manzara Nature Center patio.
COMMENTS AND RECOMMENDATION
Staff views the patio as an improvement to the Nature Center building and an improvement to the park. Since the
previous meeting the landscaping area around the building has been cleaned up. Staff no longer believes there would
need to be a condition to clean up the site before construction.
"Motion to recommend approval of the patio at the Sally Manzara Nature Center as presented"
ATTACHMENTS:
• Land Trust Letter
• Lease Agreement
• Patio Proposal
i 'A
April 15, 2019 MINNESOTA LAND TRUST
Kristina Handt, City Administrator
City of Lake Elmo
3800 Laverne Avenue North
Lake Elmo, MN 55042
Re: Sunfish Lake Park(City of Lake Elmo)
Washington County
Our Project File ID#: 2009-387
Patio plan for Sally Manzara Interpretive Nature Center
Dear Ms. Handt:
The Minnesota Land Trust has reviewed the plan submitted by Tony Manzara to construct a new
stamped concrete patio measuring 15 feet by 35 feet, to be located on the south side of the
existing Sally Manzara Interpretive Nature Center building at Sunfish Lake Park. The plan for
the patio is described in an exchange of emails between the City, the Land Trust, and Mr.
Manzara.
Both the nature center and the proposed patio are in"Area 2," as described in Section 3.5 of the
conservation easement protecting Sunfish Lake Park held by the Land Trust.
The proposed patio is consistent with the conservation easement and by this letter, the land trust
hereby approves the plan to construct the patio.
Thanks very much.
Sincerer ,
`CKns Lars
Executive Director
cc: Ben Prchal, City Planner
Tony Manzara
2356 University Avenue West I Suite 240 1 St. Paul,Minnesota 55114
www.mnland.org 1 651-647-9590 1 Toll Free: 1-877-MLT-LAND
SALLY MANZARA INTERPRETIVE NATURE CENTER
DEVELOPMENT,LEASE,LICENSE AND OPERATING AGREEMENT
This Development, Lease, kicense and Operating Agreement (this "Agreement) is
entered into effective as of this 2 ( day of A p r i l , 2017 (the "Effective Date")
by and between the City of Lake Elmo, a Minnesota municipal corporation (the "City") and the
Friends of Lake Elmo's Sunfish Lake Park, a Minnesota non-profit corporation(the"Friends").
RECITALS
WITNESSETH:
WHEREAS, the City is the owner of Sunfish Lake Park, which is legally described on
the attached Exhibit A(the"Property"); and
WHEREAS, the Property consist of approximately 284 acres of woodlands, wetlands
and prairie wildlife habitats and trails for cross country skiing and hiking; and
WHEREAS,the Friends would like to construct and operate an interpretive nature center
building on a portion of the Property for the use and benefit of the Lake Elmo community in
accordance with the preliminary plans attached hereto as Exhibit B (the "Nature Center
Building"); and
WHEREAS, the Property is subject to a conservation easement held by the Minnesota
Land Trust (the "Land Trust") that limits the amount of development that may occur on the
Property; and
WHEREAS, the City has received confirmation from the Land Trust that use of the
Property for a nature center does not conflict with the terms of the Land Trust's conservation
easement over the Property; and
WHEREAS, the City is willing to lease a portion of the Property to the Friends in order
to allow it to construct, maintain and operate the Nature Center Building; and
WHEREAS, the Friends would also like to use the existing facilities of the Property in
conjunction with its operation of the Nature Center Building; and
WHEREAS, the City is willing to grant a license to the Friends that will allow the
Friends to use the existing facilities on the Property in conjunction with the Friends' operation of
the Nature Center Building; and
NOW, THEREFORE, in consideration of the premises and for other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as
follows:
4785990 SJS LA515-12 1
ARTICLE I
LEASE OF PROPERTY AND CONSTRUCTION OF THE NATURE CENTER
BUILDING
1. Lease of the Building Site and Approval of Nature Center Building Plans. The City
hereby leases the portion of the Property that is depicted and described on the attached Exhibit C
to the Friends (the"Building Site"). The Friends shall be responsible for constructing the Nature
Center Building on the Building Site at its expense. The Friends shall also be responsible for
bringing electric and water service to the Nature Center Building including any acquisition costs
associated with easements for any utility easements that are needed. The Friends shall also be
responsible for the cost of installing a septic or other approved waste treatment system to serve
the Nature Center Building. Prior to commencing construction of the Nature Center Building or
any other improvements on the Building Site, the Friends must receive any and all approvals,
and building permits required by the City and any other governmental agency, including, but not
limited to, approval by the Land Trust and by the City Council of the final plans and
specifications for the Nature Center Building (the "Approved Plans"). The Friends shall pay for
the building permit for the Nature Center Building and the costs of all other approvals and
permits that are needed.
2. Construction of the Buildinlr. The Friends shall construct and install the Nature Center
Building in accordance with the Approved Plans with a contractor acceptable to the Friends and
the City. The Friends shall construct the Nature Center Building at its sole cost and expense, in a
good and workmanlike manner, and in accordance with all applicable laws, codes, ordinances,
and regulations. Any significant changes in the Approved Plans must be submitted to the Land
Trust and the City for approval. Other than the Nature Center Building, the Friends shall make
no other alterations or improvements to the Property without the prior written consent of the
City. Prior to issuance of a certificate of occupancy for the Nature Center Building, the Friends
shall clean up and remove all construction debris and trash from the Building Site and the
Property. For purposes of this Agreement, Anthony P. Manzara (familiarly known as "Tony")
shall be the Friends' representative with respect to the Nature Center Building construction or
any other work to be performed on behalf of the Friends on the Property. The Nature Center
Building must be completed no later than three years from the date of this Agreement.
3. Escrow. In order to ensure that the Nature Center Building is completed, the Friends
must deposit funds equal to the total of the selected contractors' bids for the construction of the
Nature Center Building according to the Approved Plans into an escrow account held by the City
at the time of building permit issuance. After each contractor's invoice for a progress payment
or final payment is received, the Friends will submit to the City a request for release of that
amount, and the City will release the money to the Friends within 30 calendar days of the date of
the Friends' request. Upon issuance of the certificate of occupancy for the Nature Center
Building by the City's Building Department, any residual funds in said escrow account over
$20,000 will be released to the Friends. If the account balance does not exceed $20,000 at this
point, the Friends must replenish it to this level for the purposes described in Article VI,
paragraph 1 of this Agreement.
4785990 SJS LA515-12 2
In the event that the Nature Center Building is not complete within three years from the
date of this Agreement, the City shall provide the Friends with written notice of the outstanding
items to be completed. If the items are not completed within 60 days of the date of the notice,
the City may either complete the items and reimburse itself for the costs associated with the
completion from the escrow account or demolish the Nature Center Building and reimburse itself
for the costs associated with the demolition from the escrow account.
ARTICLE II
NATURE CENTER OPERATIONS
1. Friends' Responsibilities.
a. The Friends shall manage and operate the Nature Center Building as an
interpretive nature center in accordance with its mission statement which is
attached to this Agreement as Exhibit D. The Friends shall prepare a five-year
maintenance and management plan for the Nature Center that shall be provided to
the City at the time the budget and financial disclosures set forth in Article III of
this Agreement are provided. The Friends will maintain the Nature Center
Building in a structurally sound, safe, clean, and attractive manner, and in
accordance with applicable regulations, as a condition of the lease. If such
maintenance is not done, the City may give the Friends 90 days' notice to correct
the problem,unless seasonal conditions require a longer correction time.
b. The Friends must make available to the public a variety of programs at the Nature
Center Building for the education and enjoyment of people of all ages. The
Friends may determine the type, frequency, and content of all of its programs.
C. The Friends shall be responsible for hiring employees and contractors and
recruiting volunteers to administer and support its programs at the Nature Center
Building and to maintain the Nature Center Building. The Friends shall be
responsible for compensating its employees and contractors and paying for any
employee benefits.
d. The Friends shall include one member that is appointed by the City Council as a
voting member on its Board of Directors. The City Council is responsible for
selecting the person who is to serve on the Friends' Board of Directors.
e. In conducting its operations, the Friends shall abide by the terms of the Land
Trust conservation easement that applies to the Property and all state and federal
laws and regulations and City ordinances. The Friends may recommend to the
City Council the adoption of rules and regulations, as shall be deemed
appropriate, prescribing the use of the Nature Center Building, the Property and
the conduct of persons upon the premises. Rules and regulations pertaining to
the Nature Center Building and the Property which have been adopted by
resolution of the City Council shall have the force of law. All duly adopted rules
4785990 SJS LA515-12 3
and regulations governing the use of the Nature Center Building and the Property
shall be conspicuously posted by the Friends on the premises.
2. City's Responsibilities.
a. The Nature Center Building shall be officially named the "Sally Manzara
Interpretive Nature Center" and the City shall refer to it as such, unless the name
is changed in accordance with the provisions of Article VI, paragraph 1 of this
Agreement.
b. The City will promote the Friends' activities and events at the Nature Center
Building and the Property through publishing articles in the City publications and
placing these activities and events on the City event calendar and web site.
C. The City will cooperate with the Friends with respect to any approvals by other
government agencies or other entities needed by the Friends in order to operate a
Nature Center on the Property. The City will also cooperate with the Friends with
respect to the Friends' applications for grant funding for the Nature Center. With
respect to both activities, the Friends shall be responsible for preparing any
application that needs to be submitted and the City will assist by signing the
application, if necessary and providing any supporting information that it may
have available.
ARTICLE III
FINANCIAL
1. Budget. The Friends agree to operate the Nature Center Building within a balanced
budget plan. The Friends shall take all actions necessary to assure that its annual operating
expenditures do not exceed annual operating revenues. The Friends must provide the City with
financial status reports as required by the City. By December 31 st of each year and consistent
with the City's budget cycle, the Friends must provide the City with any revised budget
projections detailing any actions required to assure a balanced budget. The Friends shall submit
an annual operating budget to the City by September 30th for the upcoming fiscal year.
2. Financial Disclosures. The Friends agree to provide the City with a detailed disclosure of
its financial resources in conjunction with its financial status reports on an annual basis and a
fully audited statement by an independent certified public accountant every third year, unless the
Friends' annual revenues exceed $100,000 in which case, a fully audited statement shall be
provided to the City each year the revenues exceed $100,000. The City also has the right to
request that the Friends provide additional audits of the Friends' investments, receivables and
payables so as to allow the City to verify the accuracy of the Friends' financial status reports.
Such additional audits will be at the sole cost of the City. The City shall have the right to
examine the Friends' books and financial records at any time upon making a written request.
3. Tax Exempt Status. The Friends covenant and agree that the Nature Center Building is,
and shall remain for the duration of this Agreement, exempt from all ad valorem and other real
4785990 SJS LA515-12 4
estate taxes. The Friends shall indemnify and defend the City from and against any and all
liability, including, without limitation, attorneys' fees and expenses, in the event of any loss by
the Nature Center Building of its tax exempt status in the year of termination of this Agreement
and year after termination.
ARTICLE IV
LEASE OF NATURE CENTER BUILDING SITE AND LICENSE TO USE PROPERTY
1. Lease of Nature Center Building Site. The City hereby exclusively leases the Nature
Center Building Site to the Friends. Monthly rent shall be $1.00 and shall be payable on the first
day of each month or in advance.
2. License to Use Property. The City hereby grants the Friends a non-exclusive license to
use the remainder of the Property for nature center activities, including, but not limited to, self-
guided or naturalist-guided nature walks, cross-country skiing, hiking and sledding. With the
City's permission, the Friends may place features or equipment on the Property that are related to
the use of the Property as a nature center. Any cameras placed in the park for programming
purposes by the Friends must be approved by City staff and consistent with any camera protocol
procedure or policy adopted by the City.
3. Use of the Nature Center Building Site and the Property. The Friends shall use the
Nature Center Building Site and the Property for nature center uses and for no other uses
whatsoever. The Friends agree that throughout the term of this Agreement, it shall not use the
Nature Center Building Site or the Property for the storage, handling, transportation or disposal
of any Hazardous Substances. "Hazardous Substances" for purposes of this Agreement shall be
interpreted broadly to include, but not be limited to, any material or substance that is defined,
regulated or classified under any Environmental Law of other applicable federal, state or local
laws and the regulations promulgated thereunder as: (i) a "hazardous substance" pursuant to
section 101 of the Comprehensive Environmental Response, Compensation and Liability Act, 42
U.S.C. §9601(14), the Federal Water Pollution Control Act, 33 U.S.C. §1321(14), as now or
hereafter amended; (ii) a "hazardous waste" pursuant to Section 1004 or Section 3001 of the
Resource Conservation and Recovery Act, 42 U.S.C. §§6903(5), 6921, as now or hereafter
amended; (iii)toxic pollutant under section 307(a)(1)of the Federal Water Pollution Control Act,
33 U.S.C. §1317(a)(1) as now or hereafter amended; (iv) a "hazardous air pollutant" under
Section 112 of the Clean Air Act, 42 U.S.C. §7412(a)(6), as now or hereafter amended; (v) a
"hazardous material"under the Hazardous Materials Transportation Uniform Safety Act of 1990,
49 U.S.C. §5102(2), as now or hereafter amended; (vi)toxic or hazardous pursuant to regulations
promulgated now or hereafter under the aforementioned laws or any state or local counterpart to
any of the aforementioned laws; or (vii) presenting a risk to human health or the environment
under other applicable federal, state or local laws, ordinances or regulations, as now or as may be
passed or promulgated in the future. "Hazardous Substances"shall also mean any substance that
after release into the environment or upon exposure, ingestion, inhalation or assimilation, either
directly from the environment or directly by ingestion through food chains, will or may
reasonably be anticipated to cause death, disease, behavior abnormalities, cancer or genetic
abnormalities and specifically includes, but is not limited to, asbestos,polychlorinated biphenyls
("PCBs"), radioactive materials, including radon and naturally occurring radio nuclides, natural
4785990 SJS LA515-12 5
gas, natural gas liquids, liquefied natural gas, synthetic gas, oil, petroleum and petroleum-based
derivatives and urea formaldehyde. However, this paragraph will not be interpreted as
forbidding the proper storage by the Friends of reasonable amounts of hazardous substances
commonly used in the operation of a nature center, such as fuels (e.g. gasoline, diesel fuel or
propane), equipment and vehicle maintenance fluids (e.g. anti-freezes, lubricants, engine
cleaners), materials used for coating structures or furniture (e.g. paints, varnishes), and materials
used for craft work or specimen preservation (e.g. epoxies, urethanes, acrylic monomers, or
formalin). The storage and disposal of these substances must be in compliance with all local,
state and federal regulations and requirements and any licenses or permits must be obtained, if
required.
4. City Use of Nature Center Building. The Friends shall provide the City with free use of
the Nature Center Building Site for public purposes, provided that the City's use does not
conflict with a previously scheduled Friends' program. At City expense, the City agrees to
repair any damage to the Nature Center Building, its furnishings, exhibits, or utilities, and clean
up any detritus left behind by any such City-organized use of the Nature Center Building.
5. City's Repair and Maintenance Responsibilities. The City agrees to maintain in good
condition and repair and replace, if necessary, at its expense and without reimbursement or
contribution by the Friends, the following facilities on the Property: (a) the access road; (b) the
parking lot; and (c) all cross country skiing and hiking trails. The City will also plow the access
road and the parking lot on the Property on a regular basis. All repairs and maintenance by the
City will occur with reasonable promptness and without unreasonable interference with, or
disturbance of, the use and enjoyment of the Nature Center Building Site by the Friends and its
invitees.
6. The Friends' Repair and Maintenance Responsibilities. The Friends agree to maintain in
good condition and repair and replace, if necessary, at its expense and without reimbursement or
contribution by the City, the Nature Center Building and the Nature Center Building Site and all
other improvements installed by the Friends on the Property, including, but not limited to, any
landscaping, personal property, furnishings, fixtures and equipment including, but not limited to
the following: (a) restrooms; (b) signs; (c) kiosks; (d) decks/porches/patios; and (e) water
fountains.
7. Covenant of Title and Quiet Enjoyment. The City represents and warrants that: (a) it has
the full right, power, and authority to lease the Nature Center Building Site to the Friends; (b)
that with the exception of the easement held by the Land Trust, no restrictive covenant,
easement, lease, sublease, or other written agreement restricts, prohibits, or otherwise affects the
City's rights set forth in this Agreement, including, without limitation, construction, permitted
use or ingress and egress to and from the Nature Center Building Site; and (c) the Friends upon
performance of the covenants hereunder, shall and may peaceably and quietly have, hold and
enjoy the Nature Center Building Site during the term of this Agreement. Additionally, the City
will take no action that will interfere with the Friends' intended use of the Nature Center
Building Site or ingress or egress to the Nature Center Building Site.
4785990 SJS LA515-12 6
8. Alterations. With the exception of the construction of the Nature Center Building, the
Friends shall not make any major alterations, improvements, or additions to the Nature Center
Building Site or the Property without the prior written approval of the City. A"major alteration,
improvement or addition" is any alteration, improvement, or addition to the Nature Center
Building: (a) which is structural in nature; (b) which would materially change the Nature Center
Building exterior appearance; (c) which would materially change or affect the electrical,
mechanical, heating, ventilating and air conditioning or utilities systems or routing servicing of
the Nature Center Building; or (d) which is estimated in good faith to cost in excess of$10,000.
All alterations, improvements or additions shall be performed by the Friends, at no cost or
expense to the City.
9. Sub-Letting. The Friends shall not sublet any portion of the Nature Center Building Site.
10. Utilities and Services. The Friends shall be responsible for paying all charges for all
utilities for the Nature Center Building Site, including, but not limited to, water, septic system,
electricity, natural gas or propane, telephone, Internet, cable/satellite television and garbage and
refuse removal. The Property is currently not served by the City's sanitary sewer system. In the
event that sanitary sewer service becomes available, the Friends understand that the Nature
Center Building will be required to connect. The City and the Friends will determine at that time
how the assessment and the connection charges should allocated between them.
11. Surrender. Upon termination of this Agreement, the Friends shall remove all debris and
personal property of, or created by the Friends.
ARTICLE V
INSURANCE AND LIABILITY
1. Indemnification. The Friends shall hold the City and the Land Trust harmless from and
indemnify and defend the City and the Land Trust against any claim or liability arising in any
manner from the Friends' use, improvement, and occupancy of the Nature Center Building Site
and the Property, or relating to the death or bodily injury to any person or damage to any
personal property present on or located in the Nature Center Building or on the Nature Center
Building Site and Property at the Friends' invitation or sufferance.
2. Personal Property. The Friends shall be responsible for any personal property that it
keeps at the Nature Center Building Site and the Property. The Friends agree to hold the City
harmless from any and all loss or damage to its personal property, except in the case of loss or
damage incurred during the City's use of the Nature Center Building or the Property.
3. Insurance.
a. Insurance to be Maintained by the Friends. The Friends shall be responsible for
obtaining and maintaining public liability insurance providing coverage against
claims for bodily injury, death and personal property damage occurring at the
Nature Center Building Site and the Property as a result of its operation of the
Nature Center Building. Coverage shall be maintained at a minimum of
4785990 SJS LA515-12 7
$1,500,000 each occurrence. The Friends shall also maintain property damage
insurance for the Nature Center Building. The Friends shall name the City as an
additional insured. A certificate of insurance shall be provided to the City on an
annual basis. Such policy or policies shall provide that 30 days written notice
must be given to the City prior to cancellation thereof. The Friends shall furnish
evidence satisfactory to the City at the time this Agreement is executed that such
coverage is in full force and effect. The Friends shall also maintain workers'
compensation insurance for its employees.
b. Insurance to be Maintained by the City. The City shall be responsible for
obtaining and maintaining property and general liability insurance for the
Property, with the exception of the Nature Center Building.
C. Subrog_ation. The Friends and the City release each other from any and all
liability which they might have against the other or any one claiming through or
under them by way of subrogation or otherwise, resulting from the occurrence of
any accidents or casualty or loss covered by insurance being carried by the
damaged party at the time of such occurrence.
4. Waiver. Nothing in this Agreement shall be deemed to be a waiver by the City or its
elected officials of any limitations on or immunities from liability set forth in Minnesota
Statutes, Chapter 466 or to which the City or its officials, employees, agents and representatives
are otherwise entitled.
5. Independent Contractor Status. All services provided by the Friends and its officers,
employees, volunteers and agents pursuant to this Agreement shall be provided by such persons
as an employee of the Friends, volunteer of the Friends or as an independent contractor and not
as an employee or volunteer of the City for any purpose. The Friends shall be responsible for the
following with respect to its employees, including, but not limited to: (a) income tax
withholding; (b) workers' compensation; (c)unemployment compensation; (d) FICA taxes; and
(e)benefits.
ARTICLE VI
GENERAL PROVISIONS
1. Termination. In the event that the Friends are in breach of any of the terms of this
Agreement, the City shall provide the Friends with written notice of the breach and provide the
Friends with at least 60 days of the date of the notice to cure the breach. In the event that the
Friends do not cure the breach, the City may cure the breach and reimburse itself for its costs to
cure the breach from the escrow account. In the event that the City opts to cure the breach and
reimburses itself for its costs from the escrow account, the Friends shall replenish the escrow
account so that the balance is at least$20,000.
If the breach is a material breach, the City may terminate this Agreement and at its option
either use the escrow fund to demolish the Nature Center Building, or choose to keep and use the
Nature Center Building. In the latter case,the Friends shall surrender the Nature Center Building
4785990 SJS LA515-12 8
and Nature Center Building Site to the City upon payment of the Appraised Value of the Nature
Center Building. The"Appraised Value" shall be determined as follows:
The City shall select and pay for a licensed appraiser to provide an appraisal of the
Nature Center Building and the value of the Nature Center Building as determined by the
appraiser shall be the "Appraised Value." If the Friends are not in agreement with the
amount of the Appraised Value as determined by the City's appraiser, the Friends may
obtain an appraisal at the Friends' expense. In that event, the Appraised Value of the
Nature Center Building shall be determined by averaging the appraised value amounts set
forth in the City appraisal and the Friends' appraisal.
Upon payment of the "Appraised Value" by the City, the Nature Center Building shall
become the property of the City.
In the event that the Friends are unable to continue the operation and maintenance of the
Nature Center Building, the Friends may terminate this Agreement. The Friends shall provide
the City with written notice of the termination at least 60 days prior to the effective date of
termination. The Friends may choose to donate the Nature Center Building to the City, provided
that the City is willing to accept it or remove it. If the City will not accept the Nature Center
Building, the Friends must remove it. In the event that the Friends remove the Nature Center
Building,the Friends must remove all debris and restore the Property to its original condition.
2. Building. If the Friends donate the Nature Center Building to the City, the City
may change the name of the building if the City converts the building to another use. If the
Nature Center Building continues to be used as a nature center by the City, it shall continue to be
known and referred to as the"Sally Manzara Interpretive Nature Center."
3. Entire Agreement and Amendment. This Agreement constitutes the entire agreement
between the City and the Friends and there are no other agreements, either oral or written,
between the parties. No subsequent alteration, amendment, change or addition to this Agreement
shall be binding upon the City or the Friends unless reduced to writing and executed in the same
form and manner in which this Agreement is executed.
4. Data Practices Compliance. Data provided to the Friends under this Agreement shall be
administered in accordance with Minnesota Statutes Chapter 13 and all data on individuals shall
be maintained in accordance with statutory guidelines.
5. Severability. The provisions of this Agreement are expressly severable, and the
unenforceability of any provision or provisions hereof shall not affect or impair the
enforceability of any other provision or provisions.
6. Notices. Except as otherwise expressly provided in this Agreement, any notice, demand,
or other communication under this Agreement by either party to the other shall be sufficiently
given or delivered if it is dispatched by United States Mail or delivered personally to:
4785990 SJS LA515-12 9
(a) The Friends of Lake Elmo's Sunfish Lake Park
5050 Kirkwood Avenue North
Lake Elmo, MN 55042
Attn: Anthony P. Manzara
(b) City of Lake Elmo
3800 Laverne Avenue North
Lake Elmo, MN 55042
Attn: City Administrator
or to such other address as either party may notify the other of pursuant to this paragraph.
7. Recitals. The Recitals set forth in the preamble to this Agreement are incorporated into
the Agreement by reference.
8. Assignment. The Friends may not assign its interests and responsibilities under this
Agreement to any other party without obtaining the prior written consent of the City.
9. Choice of Law. This Agreement shall be interpreted in accordance with the laws of the
State of Minnesota. Any dispute arising out of this Agreement will be venued in Washington
County, Minnesota.
4785990 SJS LA515-12 10
IN WITNESS WHEREOF, the City and the Friends have executed this Agreement the
day and year first above written.
CITY OF LAKE ELMO
By/ /
ike Pearson
Its: Mayor
By:
Vity
Johns
Its: Clerk
FRIENDS OF LAKE ELMO'S SUNFISH LAKE
PARK
By:
Its: P is 1 D Ef,f T
4785990 SJS LA515-12 I I
EXHIBIT A
Legal Description of the Property
Exhibit A
Legal Description ol'the Protected Property
The Northwest Quarter of the Northwest Quarter(NXV IA of NW 114)of Section Fourteen(14),
Township Twenty-nine(29),Range Twenty-one(21),and the West Thirty-three(33)feet of the
Southwest Quarter of the Northwest Quarter(SW'/4 of NW'/.i)of Section Fourteen(14),
Township Twenty-nine(29).Range Twenty-one(21).Washington County,Minnesota.
AND
That part of the Northeast quarter of the Northwest quarter of Section 15,Township 29,Range
21,Washington County,Minnesota,described as commencing at the Northeast corner of said
Northeast quarter of Northwest quarter;thence South 00 5 1'45"East,assumed bearing,along
the East line thereof,501.27 feet to the South line of the North 30 acres of said Northwest quarter
and to the actual point of beginning of the land to be hereinafter described;thence South 89°01'
54"West along said South line of North 30 acres 800 feet;thence South 0°5 V 45"East 734.30
feet;thence North 89'0 V 54"Fast 800 feet to the East line of said Northeast quarter of the
Northwest quarter;thence North 0°31'45"West along said East line 734.30 feet to the actual
point of beginning.
AND
The Northwest quarter of the Northeast quarter,the Northeast quarter of the Northeast quarter,
the Southwest quarter of the Northeast quarter,the North three-quarters of the Southeast quarter
of the Northeast quarter and that part of the East 87 feet lying South of the North three-quarters
of the Southeast quarter of the Northeast quarter all in Section 15,Township 29,Range 21.
AND
The east 87 feet of that part of the Southeast quarter of Section 15,Township 29,Range 21,lying
Northerly of die Northerly right of way line of State Highway#212,subject to the right of way
Stillwater Lane(formerly State Highway#212).
AND
The Southwest Quarter of the Northeust Quarter of the Northwest Quarter(SW 1/4 of NE 1/4 of
NW%)of Section Fourteen(14),Township Twenty-nine(29)North,Range Twenty-one(21)
West,Washington County,Minnesota.
AND
The North Three(3)rods of the Northwest Quarter of the Southeast Quarter of the Northwest
Quarter(NW 14/ol'SE'l4 of NW 1/4)of Section Fourteen(14),Township Twenty-ninc(29),
Range Twenty-one(21).Washington County,Minnesota.
20
4785990 SJS LA515-12 12
AND
The South Forty(40)acres of Government Lot Five(5),Section Ten(10)and the Southeast
Quarter of the Southwest Quarter(SE of S W''/.)of Section Ten(10). AND the North Thirty
(30)acres of the North one-half of the Northwest Quarter(N%a of NW'/4)of Section Fifteen
(15),all in Township Twenty-nine(29)North of Range Twenty-one(21)West,containing 110
acres more or less.
EXCEPT:
All that part of the South 40 acres of Government Lot 5,Section 10.and the Southeast Quarter of
the Southwest Quarter of Section 10,and the North 30 acres of the North One-Hal f of the
Northwest Quarter of Section 15,all in Township 29 North,Range 21 West,Washington
County,Minnesota,described as follows:
Beginning at the northwest comer of said Section 15,thence South 00 degrees,18 minutes,30
seconds West,bearings are based on the Washington County Coordinate System NAD83,along
the west line of said Section 15,a distance of 501.27 feet to the south line of said Notch 30 acres
of the North One-Half of the Northwest Quarter of Section 15,thence North 89 degrees,51
minutes,00 seconds Fast,along said south line,a distance of 180859 feet,thence North 00
degrees,02 minutes,32 seconds West and parallel with the east line of said Northwest Quarter of
Section 15,a distance of 501.26 feet to the north line of said Section 15,thence South 89
degrees,51 minutes,00 seconds West,along said north line a distance of 105.52 feet,thence
North 00 degrees,53 minutes,21 seconds West and parallel with the west line of said Section 10.
a distance of 650.00 feet,thence South 89 degrees,51 minutes,00 seconds West and parallel
with the south line of said Section 10,a distance of 200.00 feet,thence North 00 degrees,53
minutes,21 seconds West and parallel with the west line of said Section 10,a distance of 656 24
feet,10 a point on the north line of said Southeast Quarter of the Southwest Quarter of section
10,thence South 89 degrees,45 minutes,24 seconds West,along said north line,a distance of
193.17 feet to the northwest corner of said Southeast Quarter of the Southwest Quarter,thence
North 00 degrees,42 minutes,39 seconds West,along the east line of said Government Lot 5,a
distance o£29.52 feet to the northeast comer of said South 40 acres ofGovemment Lot 5,thence
South 89 degrees,51 minutes,00 seconds West,along the north line of said South 40 of
Government Lot 5,a distance of 706.92 feet,thence South 00 degrees,53 minutes,21 seconds
Gast and parallel with Ore west line of said Section 10,a distance of200.00 feet,thence South 50
degrees,54 minutes,08 seconds West,a distance of 127.25 feet,thence South 89 degrees,51
minutes,00 seconds West and parallel with the north line of said South 40 acres of Government
Lot 5,a distance of 500.00 feet to the west line of said Section 10,thence South 00 degrees,53
minutes,21 seconds East along the west line of said Section 10,a distance of 1055.45 feet t0 the
point of beginning,containing 65.9 acres,more or less.
AND ALSO EXCEPT:
All that part of the South 40 acres of Government Lot S.Section 10,Township 29 North,Range
21 West,Washington County,Minnesota,described as follows:
21
4785990 S]S LA515-12 13
Commencing at the southwest comer of said Section 10,thence North 00 degrees,53 minutes,21
seconds West along the west line of said Section 10,a distance of 1055.45 feet to the point of
beginning,thence continuing North 00 degrees,53 minutes,21 seconds West along the west line
of said Section 10,a distance ol'280.00 feet to the northwest comer of said South 40 acres of
Goverrunent Lot S.thence North 89 degrees,51 minutes,00 seconds East along the north line of
said South 40 acres of Government Lot 5,a distance of 600.00 feet,thence South 00 degrees,53
minutes,21 seconds Fast and parallel with the west line of said Section 10.a distance of 200.00
feet,thence South 50 degrees,54 minutes.08 seconds West,a distance of']27.25 feet,thence
South 89 degrees,51 minutes.00 seconds West and parallel with the north line of said South 40
acres of Government Lot 5,a distance of$00.00 feet to the point of beginning,containing 3.8
acres,more or less.
22
478599v7 SJS LA515-12 14
EXHIBIT B
Preliminary Plans for the Nature Center
The image reproduced here represents a more complete preliminary plan contained
in the accompanying document"Roger Tomten SUNFISH NATURE CENTER
040117 update"
NORTH EAST PERSPECTIVE
8 No ISCAL.E.
T"MTE, _ _.__..
ii�vsonos'�1. ?RELIMMARY DESIGN FOR T H F �'4?E` er
9� 9
SALLY MANZARA INTERPRETIVE NATURE CENTER '""`.°"
SLINFIaH LA K'c rAFK- -AKE ELMO- MIN NE 507A
4785990 SJS LA515-12 15
EXHIBIT C
Description of Nature Center Building Site
The Nature Center Building Site is defined as one acre (a square plot approximately 207
feet on a side) oriented with the edges north-south and east-west, with its eastern side
centered on the existing fire hydrant which is located just west of the Sunfish Lake Park
south entrance drive just before it turns into the parking lot, and its northern side centered
on the southernmost of the boulders which form the southern boundary of the existing
parking lot.
4785990 SJS LA515-12 16
EXHIBIT D
Mission Statement
The Sally Manzara Interpretive Nature Center—
• Stands as a symbol of the Stewardship of our community for its natural
surroundings and heritage
• Serves as a focus of community activities related to outdoor life
• Provides a place where people of all ages can learn about the unique natural
history and ongoing ecology of Sunfish Lake Park
• Teaches general environmental awareness via specific local examples
• Honors the agricultural heritage of Lake Elmo
4735990 SJS LA515-12 17
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N a Boundary of
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Sun ' h L e Park, Lake Elmo MN 55042 Scale 1 square = 2 feet x 2 feet
Patio s' a about 500 square feet, 15' x 35', earth-tone with stamped flagstone
Pattern, constructed of mesh-reinforced concrete poured over compacted fill.
EXISTING PARKING LOT
SHED
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2 TANKS&LIFT ^_ 'JTURE ADDITION
-
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SITE PLAN
THE CITY OF
LJA K E ELMO
STAFF REPORT
DATE: 6/12/2019
REGULAR
MOTION
TO: Park Commission
FROM: Marty Powers, Public Works Director
AGENDA ITEM: Security Light Improvements—Pebble Park
REVIEWED BY: Ben Prchal, City Planner Director
Kristina Handt, City Administrator
BACKGROUND:
As part of the May 20,2019 Park Commission meeting,the Park Commission requested staff solicit quotes for
security lighting improvements at Pebble Park. $65,000 was budgeted for 2019 Pebble Park capital improvement
projects.
ISSUE BEFORE THE PARK COMMISSION:
Does park commission wish to except the lowest responsible quote and recommend Pebble Park security lighting
Improvements?
PROPOSAL:
If approved the following lighting improvements will take place:
- Add one metal 30' pole with LED security light and electrical receptacle off South/West pavilion corner
- Add one metal 30' pole with LED security light on north end of parking lot
- Replace and raise two existing security lights on west corners of tennis court with LED fixtures
FISCAL IMPACT: Three quotes were submitted and are as follows:
Kilmer Electric $12,880.00
T&M Electric $28,124.00
Stabner Electric$14,650.00
Funding for the above listed lighting improvements will not exceed $15,000 and shall be paid by Park Dedication
Funds.
OPTIONS:
1) Approve and Recommend quotes to move to council.
2) Deny recommending lighting improvement quotes to council
3) Table recommending lighting improvement quotes to council
RECOMMENDATION:
"Motion to approve and recommend quote for Pebble Park Security Lighting Improvements to
Electric for an amount not to exceed$15,000"
ATTACHMENTS:
• Killmer Electric Quote
• Stabner Electric Quote
• T&M Electric Quote
Pebble i • Lake Jane Trail, Lake Elmo
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PROPOSAL
KILLMER ELECTRIC CO., INC.
5141 Lakeland Avenue North Crystal, Minnesota 56429
Telephone: (763) 425-2525 Fax: (763) 424-1258
PROPOSAL SUBMITTED TO PHONE DATE
City of Lake Elmo 651-747-3900 16/3/2019
STREET JOB NAME
3880 Laverne Avenue North Security Lights Upgrades
CITY,STATE&ZIP CODE JOB LOCATION
Lake Elmo, MN 55042 Lake Elmo Park
ATTN: DATE OF PLANS FAX JOB PHONE
Marty Powers
We hereby submit specifications and estimates for:
Killmer Electric Co., Inc. proposes the following:
To provide and install 2 - 30' poles with Leo-Tek AR13 fixtures,
including conduit, wire & connections. Replace 2 existing
fixtures on existing poles to remain Leo-Tek AR13.
TOTAL: $12,880.00
NOTE: Leo-Tek is a trusted brand with 10- ear warranty. Using a 5-year
warranty fixture would results in a DEDUCT of approximately $1,200.00
Price is predicated on the following:
- Final restoration by Owner (pipe will be plowed).
- Electrical permit included.
-All taxes included.
We Propose hereby to furnish material and labor-complete in accordance with above specifications,for the sum of:
Payment to be made as follows:
Twelve Thousand, Eight Hundred Eighty and no/100------------------------------ $12,880.00
All material is guaranteed to be as specified. All work to be Authorized
completed in a workmanlike manner according to standard Signature
practices. Any alteration or deviation from above specifications Brian Palmer
involving extra costs will be executed only upon written orders,
and will become an extra charge over and above the estimate. Note:This proposal may be withdrawn by us if not accepted with days.
All agreements contingent upon strikes,accidents or delays Acceptance
beyond our control. Owner to carry fire,tornado and other Signature
necessary insurance. Our workers are fully covered by Date
Workman's Compensation Insurance.
Stabner Electric LLC PRELIMINARY ESTIMATE
11800 - 120th Street North
Stillwater, MN 55082 Date Bid#
651-777-6770 6/3/2019 593
Name/Address
Project Address
CITY OF LAKE ELMO
ROB WELDON(PUBLIC WORKS)
3880 LAVERNE AVE.N PARKING LOT POLES
SUITE 100
LAKE ELMO,MN 55042 Project City LAKE ELMO
Project Name: CITY OF LAKE ELMO
Description Allowance Amount
BID FOR ELECTRICAL WORK ON PARKING LOT POLES
NEW LIGHT POLES BY PAVILION:
-INSTALLING 2 NEW METAL LIGHT POLES WITH LED SECURITY LIGHT FIXTURES
-CONTROLLED BY PHOTO CELL
- 1 RECEPTACLE INSTALLED ON EACH POLE
-CONCRETE BASE/FOOTINGS
UPGRADE LIGHTING BY TENNIS COURTS:
-UPGRADE EXISTING LOWER LIGHT FIXTURES ON TENNIS COURT POLES TO LED
FIXTURES
-RAISE LOWER FIXTURE UP SO THEIR COVERAGE IS SHINING BETTER ON PARKING
LOT
-ELECTRICAL PERMIT
TOTAL FOR ABOVE MATERIALS,LABOR&EQUIPMENT 14,650.00
Thank you for the opportunity to bid your job! Bid Total $145650.00
ESTIMATE
M&T 06/12/2019
ELECTRIC SID#:1906016
Ph:651-967-0280 I info@mandtelectric.com Prepared By:Timothy Chapeau
Customer: City of Lake Elmo Job Name: Security Lighting @ Pebble Park
Address: 3445 Ideal Ave N Jobsite Address: 8160 Lake Jane Trail
Lake Elmo, MN 55042 Lake Elmo, MN 55042
Contact: Marty Powers
Phone: 651-747-3941
Email: MPowers@lakeelmo.org
••
Add 2 New Light Poles With Outlet $17,416.00
M &T will install two new 30' light poles with 300w light fixtures and photo-eye controlled in
each location.One light pole will have a GFCI receptacle with metal in use cover at the pavilion.
One light will be adjacent to the parking lot. Each of these poles will include a new concert base.
Clarifications: -
• All private utilities shall be marked by others this will include wells,water lines, electrical
lines, irrigation lines and alike.
• M &T will have gopher state one locate all public utilities.
Change 2 Heads At Tennis Court $10,708.00
Reconfigure existing light poles to accommodate 2 fixtures per pole (quantity 2 poles).We will
add a 2 position bullhorn slip fitter and reinstall the existing fixture in one position and provide a
new LED light fixture for the second position.
Change Out Service To Pad Mount -
• Change out service and pour a concrete pad set new dot style enclosure.This price includes
concrete work.
• The cost of this line item is not included in the quote totals.-Line item $9568
TOTAL $28,124.00
PAYMENT TERMS
Thisjob requires a deposit of 50.00%($14,062.00) with additional payments of Remainder due upon
substantial completion with no retainage allowed..
TERMS • •
This estimate will only be valid for 30 days and will automatically terminate if not accepted within that time frame.The price is then subject to change
after the expiration of the estimate without notice.
powered by ej-
ESTIMATE
M&T 06/12/2019
ELECTRIC SID#: 1906016
Thank you for the opportunity to provide you with a quote for the above scope of work.
Timothy Chapeau, M&T Electric, Inc.
Please remit to: Please sign(Shows Approval) Date
M&T Electric,Inc.
7623 St.Croix Trail Ln.S.
Denmark Township,MN 55033 Please print Above Name
Phone:651-967-0280
Email:info@mandtelectric.com
powered by 0j
THE CITY OF a
_LAKE ELMO
-� STAFF REPORT
DATE: June 17,2019
REGULAR
ITEM#:
MOTION
TO: Parks Commission
FROM: Ben Prchal, City Planner
AGENDA ITEM: Park Dedication for Mixed Use Districts
REVIEWED BY: Ken Roberts,Planning Director
BACKGROUND:
An update to the City's Subdivision Regulations Ordinance was an item on the Planning Commission's 2018 Work
Plan. The Planning Commission reviewed and made various amendments to the ordinance at its February 26 and
March 26,2018 meetings and City Council and adopted the ordinance on 4.3.2018. Since then, Staff has begun to
plan for further amendments that address changes that will come forward with the Comprehensive Plan. The focus of
this amendment will be on Mixed Use Districts, specifically brought up by the Mixed Use Business Park and
Commercial land use.
ISSUE BEFORE THE COMMISSION:
Does the Commission agree with the proposed amendments for park land dedication requirements?
REVIEW AND ANALYSIS:
The City language in the subdivision code for park dedication requirements for subdivision. These are either a cash
contribution or land contributed for park space. There are variations that the City can ask for when acquiring land or
funds. The City can ask for funds and land,just land,or a cash contribution. Determining the most appropriate
option is taken on a case by case basis,which the Comprehensive Plan has helped guide.
The existing table below does not provide a clear guide for Staff to follow. Except for the VMX district, it is unclear
if Staff should apply the residential dedication requirements or if the commercial dedication requirements should
apply.
Residential Requirements:
The table below provides a breakout for Staff to apply towards new developments based on the zoning district(with
the exception of VMX). With this table Staff would either be recommending 10%of the value of the total land area
as a cash contribution of 10%of the area dedicated for park space. Staff would like the Commission to recognize that
Section 153.15 (C.)of the City code outlines the land that is deemed worthy for being accepted by the City.
Zoning Districts Minimum Required Land Dedication
RS,V-LDR,GCC,LDR,MDR,HDR 10%
RE and OP Development 7%
RR and AG 4%
C,CC,LC,GP,BP,VMX Fees as set by Council resolution
Lake Elmo Fee Schedule
Park Dedication
Residential-Up to three lots $3,600.00 per lot Four or more lots per Q 153.14
Commercial $4,500.00 per acre
Commercial Requirements:
As noted on in the table above,the commercial,business, or mixed use zones only allow for a cash contribution as
determined by the City Council. As of today that contribution would be $4,500 per acre for commercial lots. The
reason the City would like an automatic cash contribution for commercial development or subdivisions less than 3 lots
is because the physical land dedication would be too small and create pocket parks or in an area that would not be
appropriate for a park.
1
EXAMPLES FROM OTHER CITIES:
Mounds View:
Based off the code that Staff was able to find,it was unclear how a percentage was chosen beyond the criteria listed. It
states that up to 10%may be collected but it seems like the percentage is less standard and chosen more on a case by
case basis and is further confirmed by their fee schedule. This percentage seems to apply to any type of subdivision,
commercial or residential.
Oakdale:
The City of Oakdale seems to have chosen to simplify their code in that they only have two categories,residential or
commercial. Either a cash contribution would be made or land contribution would be made. Staff is speculating that
the land contribution for commercial lots is based on square footage of the building being built and not the lot size.
Park Dedication Fees: 2018 2019
Land Dedication-Resi tial .0167 acres/unit .0167 acres/unit
Land Dedication-Commercial .0058 acres/1.000 SF .0058 acres/1.000 SF
Cash Dedication-Residential $2.886 $2.886
$2.607 2.607 Zoning Diverictc Miniteunt Required Lurid Dedication
Cash Dedication-Commercial $ 467.00 $ 467.00 R5,V-LDR,GCC,LDR,MDR,HDR 10%
$ 534.00 $ 534.00 RE and OP Development 79a,
$ 267.00 $ 267.00 RR and AG 4%
C,CC,LC,GP,BP,VMx $4,500/acre
As an example,if the City were to review a proposal with a 5,000 sqft building the collection for land would be .029
acres or$2,335 (For commercial lots the City would only be taking cash contributions). These figures seem low when compared to
what is normally collected. However,it is difficult to compare when Lake Elmo calculates a percentage on a per acre
basis. Nonetheless, if this style of collection is viable to the Commission Staff would recommend increasing the
numbers for the mixed use district.
Now regarding the residential collection,using Bentley Village as an example. Which has 240 units on around 40
acres (rounded to simplify). Following the Oakdale method this would equate to 4 acres of park land dedication(per unit)
or$11,544. .0167*240=4 and the value is 4*$2,886=$11,544 or$2,607 * 240=$625,680 (Staffealled but did not hear
back to understand how they calculate per unit).
Lake Elmo will be collecting 10%of the land value. Staff has done a highly estimated(consider this an example and not
hard numbers)calculation using the total value off the Washington County website. This collection method comes in
rounded$297,023 or$1,237 per unit.
Value of total land $5,309,300
Total Acres (we subdivision) 71.5
5,309,300/71.5 =cost per acre $74,255.9
Bentley Village at 40 ac * $74,255.9= $2,970,237
PercentaQ Collected 10% * $2.970.237=S297,023.77
Orono:
The City of Orono has a standard 8%land dedication rate across the board for either residential or commercial
subdivisions. If cash is chosen over land dedication there is a range per dwelling unit for residential zones $3,250-
$5,550 per dwelling unit. Staff is speculating that 8%would also apply to the cash contribution. Meaning it would be
8%of the value with a minimum and maximum established. Commercial is similar but with a different minimum and
maximum, $8,125-$13,875.
Value of total land $5,309,300
Using Bentley Village as an example: Total Acres (r)re subdivision) 71.5
71.5*8%=5.72 acres dedicated
or
53,250 * 240 units =5780,000
Maplewood:
Maplewood seems to have a very simple code, similar to Orono. They request a standard 9%as either land or cash
value. This figure is for their Commercial and Industrial lands, Staff could not clearly find dedication for residential
lots.
2
Stillwater:
Stillwater seems to have a highbred version for dedication collection. They have determined that it would be
appropriate to collect fees or land on a percentage which is determined by the density of the property. This seems to
have some value in that they are collecting fees/land based on density for the site. Lake Elmo essentially does this but
instead of marketing it as density it is shown per zone and in a smaller table.
FISCAL IMPACT:
Staff does not foresee a negative fiscal impact in any instance the City will be collecting a value for either park dedication
fees or land. Developments do need to be looked at on a case by case basis. However,taking on park land does
require maintenance, funds to install equipment, and funds to replace equipment. Also, many developments do offer
some recreational space,understand that these can drastically range in size.
COMMENTS AND RECOMMENDATION:
Determining the best value both parties involved with development in a mixed use district has been an interesting
task. The Staff recommendation is provided below but direction from the Commission for changes or commends is
still desired from Staff. There are many different what if's or scenarios that could play out in these districts. Staff
would like the Commission to consider amending the park dedication down to three categories.
Existing Fee Structure Zoning Districts Hininuut Required Land Dedication
RS,V-LDR,GCC,LDR,MDR,HDR 10%
RE and OP Development 7%
RR and AG 4%
C,CC,LC,GP,BP,VMX Tees as set by Council resolution $4,500/acre
Proposed Fee Structure
Zoning Districts Minimum Required Land Dedication
V-LDR, GCC, LDR, MDR, HDR, 10%a
C, CC, LC,BP,VMX
RS,AG,RE,RR(Rural Districts) 5%
VMX,MU-BP, MU-C Fees as set by Council Resolution
a. The 10% charge is applied if residential components are incorporated into the development/subdivision.
Staff is recommending the combination of the RE and OP Development,RR and AG,as well as including the RS section
to create a rural charge. The percentage was determined by taking an average of 7% and 4% = 5% for the new rural
charge. Then Staff determined that there should be a urban charge of 10% which the mixed use districts would be in.
As you can see in the table the mixed use districts are in two sections. Staff thinks there could be a 10% charge if the
development/subdivision included a residential component and then the $4,500 charge would apply if there was not a
residential component. Staff believes the City could increase this figure, but this would be conducted through the fee
schedule update process.
ATTACHMENTS
• Lake Elmo Code
• City of Mounds View
• City of Oakdale
• City of Orono
• City of Maplewood
• City of Stillwater
3
LAKE ELMO
(I) General improvements. The following shall be installed in accordance with the City of
Lake Elmo Engineering Design Standards Manual and all other applicable City standards:
(1) Trees and boulevard sodding.
(2) Streets signs shall be installed at each intersection.
(3) Driveway approaches, sidewalks, or pedestrian pathways.
(4) Street lighting fixtures.
(5) Sidewalks are required on one side of all streets. The Council may require sidewalks
along both sides of all streets in areas where the residential density equals or exceeds 3 dwelling
units per niet acre of land or in any commercial, industrial, or other business areas if the Council
determines that sidewalks are required for public safety.
(1997 Code, § 400.14) (Am. Ord. 08-024,passed 4-20-2010) (Am. Ord. 08-205,passed 4-3-
2018) Penalty, see § 10.99
§ 153.15 PARK LAND DEDICATION REQUIREMENTS.
(A) Dedication of land for park and open space use. In all new residential subdivisions, a
percentage of the gross area of all property subdivided shall be dedicated for parks, playgrounds,
trails, public open space, or other public recreational use. For non-residential developments, the
City requires a payment in lieu of land dedication as established by resolution of the City
Council. Such percentage or fee shall be in addition to the property dedicated for streets, alleys,
waterways, pedestrian ways or other public use pursuant to this chapter. The following schedule
describes the required dedication by zoning district. This schedule is based upon density of the
development allowed in each district and is intended to equalize the amount and value of land
dedicated for parks per dwelling unit in the various districts.
Zoning Districts Minimum Required Land Dedication
RS, V-LDR, GCC, LDR, MDR, HDR 10%
RE and OP Development 7%
RR and AG 4%
C, CC, LC, GP, BP, VMX Fees as set by Council resolution
(B) Land title. Public land dedications,which are not dedicated to the City on a plat, shall be
conveyed to the City by warranty deed free and clear of all liens or encumbrances. The
subdivider shall provide proof of title, in a form acceptable to the City,prior to the conveyance
of the property.
(C) Land acceptability. The City must approve the location and configuration of any park
land which is proposed for dedication and shall take into consideration the suitability of the land
and for its intended purpose; the future needs of the City for parks, playgrounds,trails, or open
29
space; and the recommendations of the City's Parks Commission. The following properties shall
not be accepted for park land dedications:
(1) Land dedicated or obtained as easements for streets, sewer, electrical, gas, storm water
drainage and retention areas, or other similar utilities and improvements;
(2) Land which is unusable or of limited use; and/or
(3) Land within a protected wetland or within a flood plain area unless the Council
determines that all of the following criteria are satisfied:
(a) Would be in the best interests of the general public;
(b) Would be valuable resource for environmental preservation, educational, or habitat
preservation purposes;
(c) Has an exceptional aesthetic value; and
(d) Would not become financially burdensome to the City as a result of maintenance or
preservation requirements.
(D) Trails. Trails constructed by a subdivider within dedicated public open space having at
least 30 feet of width are eligible for park credit. The maximum amount of trail dedication credit
shall not exceed 25% of the total dedication.
(E) Cash contribution in lieu of land dedication -residential subdivisions larger than three lots.
In lieu of the land dedication for major subdivisions, the City may elect to require the subdivider
to contribute a cash equivalent payment to the City's Park and Open Space Fund, or may require
the developer to satisfy the park land dedication requirement by a combination of land and cash
contribution. For all major subdivisions, the required cash equivalent payment shall be an
amount equal to the fair market value of the percentage land dedication for the zoning district in
which the subdivided property is located. The City shall determine the fair market value of the
land by reference to current market data, if available, or by obtaining an appraisal from a
licensed real estate appraiser; the subdivider shall pay for the cost of the appraisal. The fair
market value determination of the appraiser shall be conclusive.
(F) Cash contribution in lieu of land dedication -minor residential subdivisions and
commercial development. Required cash equivalent payments for minor subdivisions or for
commercial development projects shall be as determined from time to time by Council
resolution.
(G) Payment of cash contribution. Cash contribution payments shall be made to the City prior
to final plat approval for commercial developments or major subdivisions, or prior to the City's
approval of the deeds of conveyance in those cases where a residential subdivision will result in
3 or fewer lots.
(H) Previously subdivided property from which a park dedication or cash in lieu contribution
has been received, upon resubdivision with the same number of lots, is exempt from park
dedication requirements. If, as a result of the resubdivision of the property, the number of lots is
increased,the park dedication or cash in lieu contribution shall be applied only to the net
increase in the number of lots.
30
(F) (1) Any cash contribution so paid to the City shall be placed in a special fund. The money
shall be used only for:
(a) The acquisition and development or improvement of parks,recreational facilities,
playgrounds, trails, wetlands or open space based on the approved park systems plan;
(b) Redevelopment or rehabilitation of existing park facilities or sites; or
(c) Debt service in connection with land previously acquired or improvements thereto
previously constructed.
(2) No funds shall be used for ongoing operation or maintenance of existing parks
recreational facilities or sites or City vehicles.
(1997 Code, § 400.15) (Am. Ord. 08-072,passed 3-5-2013) (Am. Ord. 08-205,passed 4-3-
2018) Penalty, see § 10.99
§ 153.16 REQUIRED IMPROVEMENTS; FINANCIAL ARRANGEMENTS.
(A) Improvements. All sanitary sewer, water main and storm sewer facilities, streets, concrete
curb, gutters, sidewalks, sodding, drainage swales, and other public utilities ("improvements")
shall be made and constructed on or within the subdivided lands or where otherwise required and
dedicated to the City and shall be designed in compliance with City standards by a registered
professional engineer.
(B) Plans and specifications approval. Plans and specifications shall be submitted to the City
Engineer for approval prior to construction. All of the improvements shall be completed by the
developer and acceptable to the City Engineer and shall be free and clear of any lien, claim,
charge, or encumbrance, including any for work, labor, or services rendered in connection
therewith or material or equipment supplied therefor.
(C) Improvement warrantees and guarantees. Developer shall warrant and guarantee the
improvements against any defect in materials or workmanship for a period of 2 years following
completion and acceptance. In the event of the discovery of any defect in materials or
workmanship within the 2-year period, the defect shall be promptly repaired or corrected, and the
warranty and guarantee for the entire project shall be extended for 1 additional year beyond the
original 2-year period, for a period of 3 years following the completion and acceptance. Defects
in material or workmanship shall be determined by the City Engineer.
(D) Required inspections of improvements. Improvements that are to be installed shall be
inspected during the course of construction by the City Engineer, at the developer's
expense. Notice shall be given to the City Engineer a minimum of 24 hours prior to the required
inspection. Failure to provide City Engineer with required notice shall result in a stop-order
issued to the project. If developer proceeds with work within the development without required
inspection, City Engineer shall have the discretion to accept or reject all or part of the
improvement,by giving appropriate written notice to the developer.
31
MOUNDS VIEW
1204.02 1204.02 (Rev. 10/11)
1204.02: DEDICATION OF LANDS:
Subd. 1. Dedication Required:
a. In all subdivisions to be developed for residential, commercial, industrial or other
uses or as a planned development which includes residential, commercial and industrial
uses or any combination thereof, a subdivider shall dedicate a reasonable portion of the
buildable land of the proposed subdivision to the public or to be preserved for public use
as parks, recreational facilities, playgrounds, trails or public open space. For purposes of
this Section, "buildable land" means the gross acreage of the subdivision excluding
designated wetlands and land set aside as open space in a manner approved by the City.
(Ord. 474, 9-25-89; Amended, Ord. 745, 7-26-04, Ord. 860, 10-6-11)
b. The City may, at its option, require a cash contribution in lieu of dedication or
require a portion of the required dedication be in land and a cash contribution in lieu for
the balance thereof. Cash payments received shall be placed in a special fund and used
only for the acquisition and development or improvement of parks, recreational facilities,
playgrounds, trails, wetlands, public open space, redevelopment or rehabilitation of
existing facilities or sites or debt retirement in connection with land previously acquired
or improvements thereto previously constructed for such public purpose. No funds shall
be used for ongoing operation or maintenance of existing parks or recreational facilities
or sites. (Amended Ord. 860, 10-6-11)
C. In considering the portion to be dedicated or preserved or the amount of the cash
contribution, the City, must give due consideration to the open space, park, recreational
or common areas and facilities open to the public which the subdivider has reserved for
the subdivision; except, that storm water holding areas or ponds, whether required by the
City or any other regulatory body, will not be taken into consideration. (Amended,
Ord 745, 7-26-04, Ord. 860, 10-6-11)
Subd. 2. Determination of Dedication Procedure: Upon receipt of a qualifying subdivision,
the Council shall refer it to the Parks and Recreation Commission'. Said Commission
shall report to the Council its dedication recommendation. Upon receipt of the
recommendation, the Council shall call for either a land dedication, a cash payment or a
combination of the two, in size, location or amount, as it determines. The Council may
require a professional appraisal to determine market value for purposes of a cash
payment, the cost of which shall be paid by the subdivider. (Amended,
Ord. 860, 10-6-11)
' See Chapter 405 of this Code.
City of Mounds View
1204.02 1204.02 (Rev. 10/11)
Subd. 3. Credit for Existing Single-Family Dwelling: The subdivider of any parcel of land
shall receive a credit for an existing single-family dwelling unit by excluding the acreage
of the occupied parcel remaining after subdivision from the computation of dwelling
units per acre if the parcel of land is zoned for single-family residence and has located
thereon one single-family dwelling.
Subd. 4. Dedication Amount: A reasonable portion of the land of any proposed subdivision
or its equivalent in cash shall be dedicated by the subdivider for public use. Up to ten
percent (10%) of the buildable land of the proposed subdivision or its equivalent in cash
based on the fair market value shall constitute a reasonable portion for dedication
purposes under this section. The exact portion of land or its equivalent amount in cash
shall be established by the City based on the following factors: (Amended,
Ord. 860, 10-6-11)
• Type of the proposed subdivision land use: residential, industrial or commercial;
• The need for open space generated by the proposed subdivision;
• Existence of land dedicated for public use within the proposed subdivision,
excluding areas reserved as storm water holding ponds;
• Fair market value of the land;
• Other relevant factors unique to a particular subdivision supporting the need for
dedication of lands for public use.
If an equivalent amount in cash from the subdivider for part or the entire portion required
to be dedicated is to be paid by the subdivider, such amount is due no later than at the
time of final approval of the proposed subdivision. (Ord. 604, 1997; Amended,
Ord. 745, 7-26-04)
Subd. 5. Dedication for Re-Subdivision: For any subdivision of a parcel on which a cash
dedication for parks has previously been made but on which an additional cash dedication
is required due to re-subdivision, the amount of cash dedication required on the
re-subdivided parcel(s) shall be based on the market value of the buildable land at the
time of re-subdivision and the factors set forth in subdivision 4 of this Section less any
applicable credit for the prior cash dedication. (1988 Code §42.13) (Ord. 604, 1997;
Amended, Ord. 745, 7-26-04, Ord. 860, 10-6-11)
City of Mounds View
1204.02 1204.02 (Rev. 10/11)
Subd. 6. Right of Appeal: Pursuant to Minnesota Statutes, Sections 462.358 and 462.361 a
subdivider may appeal the imposition of dedication fee to the district court within sixty
(60) days of the approval of the subdivision application. The subdivider must give
written notice to the City regarding a proposed fee dispute prior to the final decision on
the proposed subdivision. Upon receiving the notice, the City shall place the disputed fee
amount in an escrow and shall continue processing the subdivision application as if the
fee had been paid. The City must not condition the approval of any proposed subdivision
on the subdivider's waiver of the right to challenge the dedication fee. If the subdivider
fails to appeal the dedication fee within sixty (60) days of the subdivision approval, or if
the subdivider does not prevail on the appeal, the funds paid into escrow will be
transferred to the City. (Added, Ord. 745, 7-26-04, Amended, Ord. 860, 10-6-11)
City of Mounds View
Plumbing Permit, Residential (State Surcharge Minimum $60 or 1.25% of Valuation, whichever is
Required, See Appendix B) Larger
Plumbing Permits, Commercial (State Surcharge See Appendix A
Required, See Appendix B)
Zoning Permits No Surcharge)
Deck 30" and under, or not attached $30
Driveways, Sidewalks, Parking Lots, Patios (no permit required for sealcoating or overlays without
expansion. A right-of-way permits is required for any construction that disrupts City-owned streets, curbing,
sidewalks, etc., residential includes churches and schools.
Residential R1 or R2 Driveway $45
Residential R1 or R2 Patio or Sidewalk $30
Residential R3, R4 and R5 Driveway or Parking Lot $75
Residential R3, R4 and R5 Patio or Sidewalk $50
Residential Gravel (refer to Zoning Code for $25
limitations)
Commercial/Industrial Driveway or Parking Lot $150
Commercial/Industrial Sidewalk or Patio $75
Fence/Kennel — 7' or below (if higher, Building $30
Permit, see Appendix A)
Retaining Wall —4' or below (if higher, Building $30
Permit, see Appendix A)
Shed 200 square feet or less $30
Signs— Billboards (Building Permit See Appendix A
Signs (Chapter 1008) up to 100 square feet $75 per sign
Signs 100 square feet or over $95 per sign
Signs — Re-Facing or Altering $40 per permit
Signs, Banners —Temporary $40 per 21-day period (Limit 4 permits per year plus
one additional permit for a banner)
Swimming Pools, Residential (Above Ground) $30
Swimming Pools (In-Ground, Building Permit) See Appendix A (Surcharge Required)
II. OTHER INSPECTION / PLANNING FEES
Applicants are responsible for all costs incurred associated with the filing, review and processing of
development applications. Such fees are to be paid in escrow up front or upon receipt of statement from the
City of Mounds View. Fees may include, but are not limited to, costs for consultants retained by the City,
consultant planning services, attorney, and engineer fees. A deposit may also be required to cover costs of
public notices, materials and staff time spent in the review, research or preparation of materials associated
with each application. The applicant shall be responsible for all reasonable incurred costs in excess of the
initial fee and/or deposit amount. Any portion of the deposit not spent or encumbered shall be refunded to
the applicant within 30 days after consideration of the application is completed. Payment of park dedication
fees is required with subdivision applications. Application fees are not refundable.
Building Inspections Conducted Outside Normal $63.25/hour (two-hour minimum charge)
Business Hours
Change of Address $150
Comprehensive Plan Amendment $500
Conditional Use Permit, R-1 or R-2 $200
Conditional Use Permit, All Other Districts $400
Conditional Use Permit Amendment Same as CUP Fee
Contractor License Chapter 1001 $60
Contractor State License Verification Fee $5 per permit
Development/Site Plan Review $400
Escrow— Manufactured Homes $500 per permit
Escrow— Occupancy (Seed, sod, landscaping; as- $1,000 for each item
building grading survey; driveway installation; curb
cut modifications; site clean-up; storm water
2019 Mounds View Fee Schedule Page 3 of 12
management; drainage features; site erosion; right-
of-way restoration; or any other items as determined
by the Building Official)
Housing Inspection Initial and One Follow-Up No Charge (Chapter 1012)
includes now shows
Housing Inspection/Now Show, each additional $63.25
Interim Use Permit (IUP) $400
IUP Amendment $400
Park Dedication Fees (Ord. 745) Up to 10% of fair market value
Plan Review (Payment Required Before Plans are 65 percent of permit fee for all commercial permits
Reviewed) and for residential permits for new dwellings, dwelling
additions, garages, garage additions, decks, sheds
over 200 square feet, and major remodeling.
Plan Review for Changes, Revisions, or Additions to $47/hour (one half-hour minimum charge)
Plans
Plan Review for Outside Consultants for Plan Actual costs including administrative and overhead
Checking and Inspections or Both costs
Plan Review Similar all units are same or similar Each unit after the first shall be 25% or original fee
Planned Unit Development (PUD) Chapter 1120 $750
PUD Amendment $400
Refund, Permits (within 100 days of application if All but $40
work is not commenced
Refund, Plan Review 100% (If review has not been done)
Refund, State Surcharge 100%
Rezoning $500
Vacation, Street or Easement $250
Subdivision, Minor $400
Subdivision, Minor (Reapproval Fee) $50
Subdivision, Major $750
Subdivision, Major (Reapproval Fee) $100
Text Amendment, Zoning Code $400
Text Amendment, Other City Code $300
Variance, Administrative R-1 or R-2 $100 (additional $125 if formal variance is required)
Variance, Formal R-1 or R-2 $200
Variance, All Other Districts $400
Wetland Alteration Permit, R-1 or R-2 $200
Wetland Alteration Permit, All Other Districts $350
Wetland Buffer Permit, R-1 or R-2 $30
Wetland Buffer Permit, All Other Districts $100
Zoning Code Review $200
Zoning Letter $50 per letter
III. MISCELLANEOUS FEES
Certified Cop $5 plus copy charges if an
Filing Fee for Public Office See Mounds View Charter
Insufficient Funds (NSF) Check $30
Municipal/City Code, Copy $200
Notary Public Mounds View Residents Only) $5 per person plus copy charges if an
Photocopy, B/W 8 '/2 x 11 $0.25 per side
Photocopy, B/W 11 x 17 $0.50 per side
Photocopy, Color 8 '/2 x 11 $1.00 per side
Photocopy, Color 11 x 17 $2.50 per side
Pending Assessment Search $10
CD/DVD Copy $15
2019 Mounds View Fee Schedule Page 4 of 12
OAKDALE
(d) In allowing a subdivider to proceed under the classification minor subdivision, it is not the
intent of the City Council to circumvent the purpose of these regulations.
(e) Single Family Lot Divisions: Subdivision requests to create additional single family residential
lots from lots already guided and zoned for single family residential use will be considered on a
case-by-case basis. Flag shaped lots are prohibited as a means of dividing a parcel because of
minimum lot width requirements. The applicant shall make every effort to assemble adjoining
property under joint agreement to subdivide or covenant to do so at the time of sale, as
applicable. Owners proposing subdivisions where there exists adjoining land, which may be
assembled and subdivided, must factor this into any request and submit a concept plan(s) to
show how neighboring property could be accessed. Special attention must be made to allow for
the efficient delivery of public services, as determined by the city.
Sec. 21-10. Land Dedication.
(a) For the purposes of this section, "subdivision" shall be defined in accordance with Minnesota
Statutes, Section 462.352, Subdivision 12, as follows: The separation of an area,parcel or tract
of land under single ownership into two or more parcels, tracts, lots or long-term leasehold
interests where the creation of the leasehold interest necessitates the creation of streets, roads or
alleys, for residential, commercial, industrial or other use, or any combination thereof, except
those separations:
(1) Creating cemetery lots;
(2) Resulting from court orders, or the adjustment of a lot line by the relocation of a
common boundary.
(b) The development of any subdivisions may create a need for land for public use. The City
Council may, therefore, require, pursuant to the authority granted to municipalities under
Section 462.358, Subdivision 2b of Minnesota Statutes, a reasonable portion of the total project
land area to be dedicated to the city or preserved for public use as parks, playgrounds, trails or
open space; provided that (1) the city may choose to accept an equivalent amount in cash from
the developer for part or all of the portion required to be dedicated to such public uses or
purposes based on average fair market value of the unplatted land no later than at the time of
final approval, (2) any cash payments received shall be placed in a special fund and used only
for the purposes for which the money was obtained, (3) in establishing the reasonable portion to
be dedicated, the city may consider the open space, park, recreational or common areas and
facilities which the applicant proposes to reserve for the subdivision, and (4) the city
reasonably determines that it will need to acquire that portion of land for the purposes stated
herein as a result of approval of the subdivision.
(c) The owner or developer of any parcel of land zoned for single family residence and has located
thereon one or more single family dwellings shall, when subdividing said parcel into additional
lots, receive credit for the existing dwellings.
(d) In determining the amount of land or cash which an owner or developer of residential property
shall be required to contribute for public use, the formula shall be in accordance with the
current Park Dedication Fee schedule.
(e) In those cases where a resubdivision of a parcel on which a dedication of land or cash has
previously been made in connection with a prior subdivision but on which an additional cash
dedication is required under the resubdivision, credit shall be given for the prior dedication.
(f) The development of any subdivision may create a need for land and public streets, roads,
sewers, electric, gas and water facilities, storm water drainage and holding areas or ponds and
Chapter 21 - Page 4
similar utilities and improvement. The City Council, may therefore require, pursuant to the
authority granted to municipalities under Section 462.358, Subdivision 2b of Minnesota
Statutes, that a reasonable portion of the total project land area be dedicated to the city for
public streets, roads, sewers, electric, gas and water facilities, storm water drainage and holding
areas or ponds and similar utilities improvements.
(g) 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 where the
requirements would create a financial hardship for the project. (Ord.No. 747, 11/23/2010).
Sec. 21-11. Registered Land Surveys. All registered land surveys shall be filed subject to the same
procedure for the filing of a plan for platting purposes. The standards and requirements set forth in
these regulations shall apply to all registered land surveys. Unless the governing body shall approve, a
registered land survey shall not be used to divide a parcel of land into lots for the purpose of transfer of
ownership or building development, if any of the tract do not have the required frontage on a dedicated
public street.
Sec. 21-12. Conveying Land in Unapproved Subdivisions. No conveyance of land to which this
regulation is applicable shall be filed of record, if the land is described in the conveyance by metes and
bounds or by reference to an unapproved registered land survey made after April 21, 1961, or to an
unapproved plat. The foregoing provision does not apply to a conveyance if the land described:
(a) Was a separate parcel of record November 19, 1965?
(b) Was the subject of a written agreement to convey entered into prior to such time?
(c) Is subdivided under the procedure for minor subdivision?
(d) Was a separate parcel of not less than two and one-half(2 1/2) acres in area and one hundred
fifty(150) feet in width on January 1, 1966, or is a single parcel of land of not less than five (5)
acres and having a width of not less than three hundred(300) feet?
The fact that a conveyance is eligible for recording pursuant to one of the exceptions enumerated in
this section does not exempt a subdivision from compliance with any other applicable requirement of
this Chapter.
Sec. 21-13. Lot Splits for Two-family Dwelling Units
(a) If the conditions of this Chapter are met, a lot upon which a two-family dwelling exists, or if to
be constructed, may be split along the party wall to allow for individual ownership of each unit.
The newly created lots shall each be in compliance with the minimum lot width and area
requirements of the Zoning Code.
(b) All of the following conditions must be met before a lot split described in (a) of this section
may be approved:
1. The property and structure must be able to be easily split into two (2) substantially
equal sections.
2. The structure must meet current building code standards for firewall separation. This
shall also apply to existing structures.
3. Separate utility services must be provided. If the property is already provided with a
single one-inch or larger water service, this water service may be separated at the
property line by installing a wye and two additional curb stops and boxes on the home
side of the existing curb stop and box. If, however, in the opinion of the Building
Chapter 21 - Page 5
2019 Annual Budget- Fee Schedule
CRY OF
SERVICE 2018 2019 ACCOUNT NUMBER
Home Fair Entry Fee $ 100.00 $ 100.00 205-4-261-3313-043
Housing Improvement Area Application Fee $ 500.00 $ 500.00 100-4-000-3124-100
Hydrant Meter Usage $ 250.00 $ 250.00 700-4-000.3514-000
Hydrant Meter Deposit $ 200.00 $ 200.00 700-2-000-2300-000
Interim Use Permit $ 400.00 $ 400,00 100-4-000-3122-100
Load Limit Variance $ 40.00 $ 40.00 100-4-000-3122-300
Maps $ 10.50 $ 10.50 100-4-000-3713-100
Plus State Tax $ 0.72 $ 0.72 100-2-000-2126-000
Plus County Tax $ 0.03 $ 0.03 100-2-000-2127-000
Meeting Room Rental/City Hall $ 55.00 $ 55.00 100-4-000-3712-100
Plus State Tax $ 3.78 $ 3.78 100-2-000-2126-000
Plus County Tax $ 0.14 $ 0.14 100-2-000-2127-000
Minor Subdivision $250.00 to$500.00 $250.00 to$500.00
Plus Escrow $ 250.00 $ 250.00
Mobile Food Vendor License-Temporary $100 per day $100 per clay 100-4-000-3122-200
Mobile Food Vendor License-Annual $ 300.00 $ 300.00 100-4-000-3122-200
Notary Service per document-no chargel $ - $ - 100-4-000-3319-100
NSF Check Penalty $ 35.00 $ 35.00 100-4-000-3719-100
Park Dedication Fees:
Land Dedication-Residential .0167 acres/unit .0167 acres/unit 500-4-000-3728-400
Land Dedication-Commercial _0058 acres/1.000 SF .0058 acres/1.000 SF 500-4-000-3728-400
Cash Dedication-Residential $2-886 $2.886 500-4-0003728-400
$2.607 $2.607
Cash Dedication-Commercial $ 467.00 $ 467.00 500-4-000-3728-400
$ 534.00 $ 534.00
$ 267.00 $ 267.00
Photograph Reproduction $25 Plus Costs $25 plus costs 100-4-000-3331-200
Preliminary and Final Plats $ 550.00 $ 550.00 100-4-000-3143-100
Plus Escrow depends on acreage depends on acreage
PUD Application $ - 650,00 $ 650.00 100-4-000-3143-100
Plus Escrow depends on acreage depends on acreage
Release of City Owned Property $ 225.00 $ 225.00
Plus Escrow $ 300.00 $ 300.00
Rental Housing Fee±see Public Safety)
Rezoning $ 550.00 $ 550.00 100-4-000-3146-100
Plus Escrow $ 550.00 $ 550.00
Right-of-Way Registration Fee $ 50.00 $ 50.00 100-4-000-3122-300
Road Cut Permit Varies Varies 100-4-000-3312-300
Site Plan Review $ 400.00 $ 400.00 100-4-000-3146-100
Plus Escrow 550 to 750 550 to 750 more if needed
Special Use Permit $ 400.00 $ 400.00
Structure Demolition $ 300.00 $ 300.00
Plus Escrow $ 1.000.00 $ 1.000.00
Summerfest Ad $ 50.00 $ 50.00 208-4-315-3727-050
Summerfest Concession Vendor
Before April 1-For Profit $ 225.00 $ 225.00 208-4-308-3712-050
Before April 1-Non-Profit $ 125.00 $ 125-00 208-4-308-3712-050
After April 1-For Profit $ 250.00 $ 250.00 208-4-308-3712-050
After April 1-Non-Profit $ 150.00 $ 150.00 208-4-308-3712-050
Summerfest Parade Participant Fee
For Profit $ 100.00 $ 100.00 208-4-313-3719-050
OACC Members&Non-Profits no charge no charge
100
ORONO
Application Adjusted Fee Escrow Notes
Clerical Fee (Only charged if clerical use is
$20.00 per hour
excessive)
FIRE
Fire Protection inspection
Fire Code Permit certified
Commercial Fire Alarm Per 2008
Building Permit
Fee Based on
Valuation
Fire Plan review fee 65%of permit
Fire Sprinkler Systems-Commercial
Burning permits No Charge
Reinspection $20.00
PARK DEDICATION
Land Dedication Minimum Area -Subdividers shall be required to dedicate to the City for parks, playgrounds,trails,
open spaces and other public purposes as a minimum that percentage of gross land area, or other such amount as
may be determined by the City Council, as set forth below:
(1) Residential/Agricultural/Multiple Residential Zoned Land.
Dedication requirement of 8%of the land being platted or subdivided.
(Exclusive of lot that includes an existing residence.)
(2) Commercial/Industrial Zoned Land.
Dedicated requirement of 8%of the land being platted or subdivided.
Cash Contribution in Lieu of Lands. In those instances where a cash contribution is to be made by the
subdivider, in lieu of a conveyance or dedication of land,the cash contribution to be contributed shall be that
would otherwise have been conveyed or dedicated. The City shall account for such funds inequivalent to the
fair market value of the equivalent undeveloped land a special fund named Park Dedication Funds.
The City Council has established by resolution a minimum residential park fee of
$3,250 per dwelling unit and a maximum of$5,550 per dwelling unit. Res. 4738 (12-10-01)
The City Council has established by resolution a minimum commercial/industrial park
fee of $8,125 per acre and a maximum of$13,875 per acre. Res. 4739 (12-10-01)
STORMWATER AND DRAINAGE TRUNK FEES
Storm water trunk fees apply to new development and redevelopment of existing properties and provide funding
for the storm water infrastructure necessary to serve the City.The trunk fee is based on the land use and acreage of
the property being developed. An equivalency factor multiplier is assigned to each land use type,with a 2-acre
residential lot considered as the standard in the City with an equivalency factor of 1.0. The table below lists the
storm water trunk fees per acre for the various zoning districts and land uses in the City.
NEW DEVELOPMENT LAND USE Trunk Fee per Acre
Single Family Residential 5 Acre Zone (maximum fee/lot=$16,150.00) $3,230.00
Single Family Residential 2 Acre Zone (maximum fee/lot=$8,060.00) $4,030.00
MAPLEWOOD
DIVISION 3. -COMMERCIAL AND INDUSTRIALM
Footnotes:
--- (3)---
Cross reference— Businesses and licensing, ch. 14.
Sec. 26-126. - Purposes and intent.
The purposes and intent of this division are to ensure the citizens of the city that additional open
space for parks, playgrounds and recreation facilities will be the responsibility of every sort of
development in the city, not just residential development, so that the city's vast amount of privately-owned
open spaces with potential for development are partially available for orderly park, recreational and open
space development; to ensure that, in fact, such facilities will be provided; and to preserve, enhance and
improve the quality of the physical environment of the city for commercial and industrial uses or a
combination thereof, regardless of whether such developments or subdivisions are within the context of
chapter 34, which pertains to subdivisions.
(Code 1982, § 21-66; Ord. No. 921, 5-14-2012)
Sec. 26-127. - Required dedications generally.
The developer of any tract of land in the city which is to be developed or redeveloped for
commercial, residential, governmental, institutional, or industrial or like uses shall dedicate to the public,
for public use as parks, playgrounds or public open space, such portion of his development tract equal to
nine percent, with such rate to be reviewed annually in December. The percentage of the development
tract to be so dedicated may be amended by resolution of the council.
(Code 1982, § 21-67; Ord. No. 921, 5-14-2012)
Sec. 26-128. - Delineation of dedicated area on preliminary plat or site plan.
The actual area to be dedicated for public use as parks, playgrounds or public open space pursuant
to this division shall be delineated on the preliminary plat or site plan by the developer. Such plat or site
plan shall be referred to the park and recreation commission for its scrutiny and report to the city council
of its findings, conclusions and recommendations, with this referral being in addition to any other referral
to other commissions or committees.
(Code 1982, § 21-68; Ord. No. 921, 5-14-2012)
Sec. 26-129. - Revision of dedication.
If the city council, after receiving the reports of the park and recreation commission and the planning
commission, shall determine that such area delineated by the developer pursuant to section 26-128 is
unsuitable for such purposes, it may require the subdivider or developer to relocate or rearrange such
area or to make such changes or revisions of the proposed dedication as it deems necessary;
reasonable; and in the interests of the health, safety, general welfare and convenience of the city.
(Code 1982, § 21-69; Ord. No. 921, 5-14-2012)
Sec. 26-130. -Cash in lieu of dedication.
(a) The term "undeveloped land value," as used in this section, shall be the market value of the subject
land at the time of the application, and to be determined by the city council in its reasonable
discretion. As a basis for its decision, the council may request an appraisal at the expense of the
subdivider or developer for the purposes of determining such value. Such additional appraisal shall
be obtained, if the council deems it advisable, from an appraiser selected by the council. Thereafter,
the council, with the aid of both appraisals, shall determine the "undeveloped land value."
(b) In lieu of the dedication of land required for the purposes enumerated in this division, the city council
may require the subdivider or developer to pay to the city, as an equivalent contribution, an amount
in cash equal to the product of the percentage of land required to be dedicated, multiplied be the
undeveloped land value of the tract to be subdivided, developed or redeveloped. Such cash
payments shall be made to the city prior to the issuance of a building permit.
(c) All cash contributions received by the city pursuant to this division shall be placed in a special fund
and used only for the acquisition of land for parks, playgrounds, public open space or the
development of existing parks and playground sites, public open space and debt retirement in
connection with land previously acquired for such public purposes.
(d) In cases of redevelopment, credit towards the park dedication due for such redevelopment shall be
given for the actual amount of previous park dedication satisfied for the lots proposed.
(e) In the event that park dedication was previously satisfied for a larger land area than the lot or lots
currently proposed for development, the previously satisfied park dedication amount shall be
prorated on a per square foot basis to the lot or lots currently proposed for development.
(f) While credits may fully satisfy park dedication due, credits shall not result in refunds of park
dedication previously paid.
(Code 1982, § 21-70; Ord. No. 921, 5-14-2012)
Sec. 26-131. - Inclusion of proposed park, playground or public open space in comprehensive or parks
plan in plat or site plan.
When any proposed park, playground, or public open space, shown in the comprehensive plan or a
parks plan, is located in whole or in part within a proposed subdivision or development, such area shall be
designated as such upon the preliminary plat or site plan and may be required to be included in the
dedicated land of the subdivision or development required under this division.
(Code 1982, § 21-71)
Secs. 26-132-26-160. - Reserved.
STILLWATER
ARTICLE II. - PARK AND TRAIL DEDICATION REQUIREMENTSu
Footnotes:
--- (2)---
Editor's note—Ord. No. 963, §§ 1-10, adopted Oct. 18, 2005, was not specifically amendatory of the
Code and has been included as art. II, §48-51, at the discretion of the editor.
Sec. 48-51. - Established.
The City Council of City of Stillwater does ordain:
Subd. 1. Authority. The State of Minnesota has enacted Minnesota Statutes 462.358, subdivision
2(b)which gives authority to the cities to require that a reasonable portion of any proposed subdivision be
dedicated to the public, or preserved for public use as parks, playgrounds, trails or open space. The City
of Stillwater has, by this section, chosen to exercise this authority in establishing minimum requirements
for meeting this public need.
Subd. 2. Purpose. The city council recognizes that preservation of land for park, playground, trails,
and public open space purposes as it relates to the use and development of land is essential to
maintaining a healthful, safe and desirable environment. The city must not only provide these necessary
facilities for citizens of today, but also for the future needs of the city as described in the Comprehensive
Plan.
It is recognized by the city council that the demand for park, playground, trails and public open space
within a municipality is directly related to the density and intensity of development permitted and allowed
within any area. Urban development means greater numbers of people and higher demands for park,
playground, trails and public open space.
The basis for calculating the amount of land needed to be dedicated or preserved for the purposes
set forth in this section; the essential connection between the dedication required by this section and the
purpose sought to be achieved; and the basis for calculating the proportional share of each development
based on the burden to the city created by the increase in population that will be generated by each
development is as set forth in this section. In further explanation of the basis described in this paragraph,
this section adopts by reference pages 8-1 through 8-6 of the comprehensive plan of the city, and the
maps and drawings associated with those pages as if fully set forth in this section verbatim.
It is the policy of Stillwater that the following guidelines for the dedication of land for park, playground
and public open space purposes (or cash contributions in lieu of dedication) in the subdividing and
developing of land are appropriate.
Subd. 3. Residential park land dedication. Residential park land as envisioned by this section is that
land suitable for active park use, such as playgrounds and ball fields, or suitable for active play areas for
small children. It is imperative, therefore, that the land be reasonably flat and in one contiguous parcel
rather than small scattered parcels.
The amount of land to be dedicated is based on the proposed residential density using the net
developable land area.
The formula for land dedication:
The greater of:
1) proposed units per acre; or
2) zoned density.
Land
Dwelling Unit Density
to be
per acre
Dedicated
0-1.9 units 10%
2.0-3.5 units 11%
3.6-5.9 units 12%
6-10 units 13%
10+ units Additional .5%for each unit over 10
Commercial 7.5%of net developable land area
Subd. 4. Residential trail requirements. In addition to the requirements of subd. 3, the subdivider
must dedicate and improve trails and trailways that are depicted for the property on the city's most current
comprehensive trail plan, or if not depicted on the comprehensive trail plan, have the potential for
connection to the comprehensive trail system. If trail dedication and construction is not feasible in the
opinion of the city, the subdivider may pay a fee of$500.00 per unit in lieu of dedication and construction.
The basis for requiring the dedication and improvement of trails in addition to the dedication of land
for active parks is threefold.
First, trails are normally eight feet in width and therefore more than one mile of trial would need to be
dedicated to equal one acre of land. Further, trials are often dedicated and constructed within set back or
yard space; or within natural areas or conservation easements; or land that is otherwise unbuildable,
because of various restrictions.
Second, trails are increasingly important as a means of transportation that is an alternative to the
automobile. In this way, a trail is merely a street for pedestrians, and just as it is permissible to require a
developer to dedicate and construct streets for automobiles, it is reasonable that a developer be required
to dedicate and construct streets for people transportation, on foot or bicycle.
Third, the trails within any development allow connection to the city net trail system. In this way, the
residents of any new development increase the burden on the remainder of the city trail system. It is only
reasonable therefore that any development provide trail access for the remainder of the city, since the
remainder of the city will be burdened by the development.
Subd. 5. Guidelines for accepting dedication of land for public park purposes.
A. Land proposed to be dedicated for public purposes must meet the needs of the city as
described in the Stillwater Comprehensive Plan.
B. Prior to dedication, the subdivider must deliver to the city attorney, an abstract of title or
registered property abstract evidencing good and marketable title, free and clear of any
mortgages, liens, encumbrances, assessments and taxes. The conveyance documents must be
in a form acceptable to the city attorney.
C. The required dedication or payment of fees-in-lieu of land dedication must be made before final
plat approval.
D. The removal of trees, topsoil, storage of construction equipment, burying of construction debris
or stockpiling of surplus soil on dedicated land is strictly forbidden without the prior written
review by the parks and recreation commission and approval of the community development
director.
E. Grading and utility plans, which may effect or impact the proposed park dedication, must be
reviewed and approved by the community development director and parks and recreation
commission prior to dedication.
F. To be eligible for park dedication credit, land dedication is to be located outside of drainways,
flood plains or ponding areas after the site has been developed. Grades exceeding 12 percent
or that are unsuitable for park development may be considered for partial dedication.
G. Where subdividers and developers of land provide significant amenities such as, but not limited
to swimming pools, tennis courts, or ball fields, within the development for the benefit of those
residing or working therein, and where, in the judgment of the parks and recreation commission,
the amenities significantly reduce the demands for public recreational facilities to serve the
development, the community development director may recommend to the parks and recreation
commission that the amount of land to be dedicated for park, playground and public open space
(or cash contribution in lieu of dedication) be reduced by an amount not to exceed 50 percent of
the amount calculated under subd. 2 above.
H. The city, upon review, may determine that the developer must create and maintain some form
of private on-site recreation use by the site residents such as tot lots and open play space. This
requirement may be in addition to the land or cash dedication requirement.
Subd. 6. Cash payment in lieu of dedication, residential. If, at the option of the city upon review and
recommendation of the parks and recreation commission, it is determined that a cash payment in lieu of
land dedication shall be made, the cash shall be placed in a special fund for parks and recreation use and
deposited by the developer with the city prior to final plat approval.
The in lieu park fee shall be based on the following guidelines:
Single-family residential/commercial condominium lot ..... $2,000.00
per unit
Duplexes ..... 1,500.00
per unit
Townhomes ..... 1,500.00
per unit
Multifamily ..... 1,500.00
per unit
Subd. 7. Combination land and cash dedication. 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 subd. 3 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. 7 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.
Subd. 8. Industrial/commercial dedication requirements. Subdividers and developers of
commercial/industrial land, including commercial/industrial portions of planned developments, shall be
required at the time the site plan is approved and building permits are issued to dedicate to the city for
park, playground and public open space purposes, seven and one-half percent of the net land area within
the development as determined by the city according to the guidelines set forth in subd. 3 of this section.
Subd. 9. Cash payment in lieu of dedication, commercial and industrial. In those cases where the city
does not require park or open space dedication within a development, the city shall require payment of
fees in lieu of land dedication in an amount equal to the net land area required in subd. 3 above. Cash
shall be contributed at the time of approval of each final plat or at the time of site plan or building permit
approval as determined by the city.
The city council, upon review and recommendation of the parks and recreation commission, may
review and determine by resolution an adjustment to the fee based upon the city's estimate of the
average value of undeveloped commercial or industrial land in the city.
Subd. 10. Required plan and improvements to parks. The developer or subdivider is responsible for
preparing a concept park plan or trail plan based on the parks, open space and trails plan as identified in
the comprehensive plan as approved by the parks commission, and for making certain improvements to
their developments for parks, playgrounds and public open space purposes as follows:
A. Provide finished grading, appropriate ground cover or sodding for playground, paved trails and
perimeter landscaping.
B. Establish park boundary comers for the purpose of erecting park limit signs. The developer shall
contact the appropriate parks and recreation department personnel for the purpose of
identifying park property corners.
C. Provide sufficient improved public road access of no less than 300 feet for neighborhood parks
and additional frontage for community parks.
(Ord. No. 963, §§ 110, 10-18-05)