HomeMy WebLinkAboutOrdinance No. 80-46; Affidavit of PublicationPRINTER'S AFFIDAVIT OF 1--vBLICATION
CITY OF LAKE ELMO
STATE OF MINNESOTA
COUNTY OF WASHINGTON
ORDINANCE NO. 8046
AN ORDINANCE AMENDING SECTIONS
105.030(C), 401.400(A) THROUGH 401.400(F);
ADDING SECTIONS 401.400(D)(1) THROUGH
401.400(D)(3), AND 401.450; AND
REPEALING SECTIONS 401.400(F)(1)
THROUGH 401.400(F)(3), 401.400(G),
401.400(H), 401.400(1) AND ITS
SUBDIVISIONS AND 401.400(J) AND ITS
SUBDIVISIONS OF THE LAKE ELMO CITY
CODE RELATING TO PARK LAND
DEDICATIONS.
The Lake Elmo City Council hereby ordains
that Section 105.030(C) and Sections 401.400(A)
through 401.400(F) are hereby amended; and
Section 401.450 is hereby added to the Lake Elmo
City Code to read as follows:
Section 105.030(D) Platting: (Subdivision)
1-10 lots $750.00
Escrow 1125.000
11-20 lots 1500.00
Escrows 2250.00
21 lots or more 3000.00
Escrow 4500.00
Section 401.400. Park Land Dedication Re-
quirements.
A. Land Dedication. Except as hereinafter
provided, the owners of land being subdivided
shall dedicate a reasonable portion of such land to
the City for public use as parks, playgrounds, trails
or open space. The land dedication requirements
shall equal the following percentages of the total
area being subdivided within various zoning dis-
tricts:
Zoning Percentage
Districts Land Dedication
R1, R2, R3, R4 10%
RE 7%
RR and A 4%
GB, HB, CB, 1 3%
B. Land Title. Park 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 such property.
C. Land Acceptability. The City must ap-
prove the location and configuration of any park
land which is proposed for dedication and shall
take into consideration the suitability of the land for
its intended purpose; the future needs of the City
for parks, playgrounds, trails or open space; and
the recommendations of the City's Park Commis-
sion. The following properties shall not be ac-
cepted for parks land dedications:
1. Land dedicated or obtained as ease-
ments for streets, sewer, electrical, gas, storm
water drainage and retention areas, or other simi-
lar utilities and improvements.
2. Land which is unusable or of limited use.
3. Land within a protected wetland or within
a floodplain area.
JUL - 3 194
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA )
County of Ramsey )
ss
Eugene D. Johnson, being duly sworn, on oath says that he is the
publisher or authorized agent and employee of the publisher of the
newspaper known as The St. Croix Valley Press, and has full knowledge
of the facts which are stated below:
A) The newspaper has complied with all of the requirements con-
stituting qualification as a qualified newspaper, as provided by Min-
nesota Statute 331A.02, 331A.07, and other applicable laws, as amend-
ed.
B) The printed CITY OF LAKE ELMO
Ordinance No. 8046
which is attached was cut from the columns of said newspaper, and was
printed and published once each week, for one successive weeks;
it was first published on Wednesday , the 19 day
of June 19 91 and was thereafter printed and published on
every to and including , the day
of , 19 ; and printed below is a copy of the lower
case alphabet from A to Z, both inclusive, which is hereby acknowledged
as being the size and kind of type used in the composition and publica-
tion of the notice:
abcdefghijklmnopgrstuvwxyz
BY: ' `-%
TITLE: Publisher
Subscribed and sworn to before me on XAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAI
this 19 day of June '19 VIS A. PETERSON91
c ,f
MAVIS
Public i
f Washingtol County. MN iIfyCow -fission Expires ;
March 27, 1997
Notary Public, Ramsey County, Minn.
My Commission expires March 2 Z, 199 7
RATE INFORMATION
1) Lowest classified rate paid by 3.10commercialusersforcomparable $—
space. (Line, word, or inch rate)
2) Maximum rate allowed by law for $ 3.10
the above matter. (Line, word, or inch rate)
3) Rate actually charged for the .69
above matter. $
Line, word, or 1nct, i au,)
U. Uonmounon in Lieu of Land. In lieu or the
land dedication, the City may elect to require the
subdivider to contribute a cash equivalent pay-
ment 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. Forallsubdivisions, except
residential subdivisions resulting in three (3) or
fewer parcels, the maximum cash equivalent pay- ment shall be an amount equal to the fair market
value of the percentage land dedication for the
zoning district in which the subdivided property islocated. 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. Maximum cash equivalent pay- ments forresidential subdivisions resulting in three
3) of fewer parcels shall be as determined from
time to time by City Council resolution.
E. Payments of Cash Contribution. Cash
contribution payments shall be made to the Citypriortofinalplatapprovalinthosecaseswherethe
subdivision results in more than three (3) lots, and
prior to the City's approval of the deeds ofconvey- ance in those cases where the subdivision will
result in three (3) or fewer lots. Where there is a
subdivision of proprty which as an existing resi- dt ntial :ac! rtg, ro -orf ded cat ar ea shFn be
required for the existing dwelling unit.
F. Park and Open Space Fund. Cash contri- butions received pursuant to this Regulation shall
be placed in a separate fund by the City and usedonlyforparks, playgrounds, trails or open space
purposes.
Section 401.450. Lands Designated for Pub-
lic Use on Comprehensive Plan or Official Maps.
Where all or a portion of the area included in a
proposed subdivision has been designated as a
park, playground, recreational area, proposed
school site, or other public ground in the City'sComprehensivePlanorinanOfficialMapadopted
pursuant thereto, the subdivider shall notify theappropriategovernmentalunitoftheproposed
subdivision of the property. The notice shall be
given prior to submittal of the development appli-
cation to the City of Lake Elmo. Prior to the City's
review of the preliminary plat, the subdivider shall
advise the City in writing of the status of the
negotiations regarding such designated area.
The Lake Elmo City Council hereby ordainsthatSections401.400(F) (1) through 401.400(F)(3),
401.400(G) through 401.400(H), 401.400(1) and
its subdivisions, and 401.400(J) and its subdivi-
sions of the Lake Elmo City Code are herebyrepealed.
Effective Date. This ordinance shall be ef-
fective the day following its publication.
Adoption Date. Passed by the City CounciloftheCityofLakeElmothe4thdayofJune,1991.
David Johnson, Mayor
ATTEST:
Mary Kueffner, City Administrator
Published in the St. Croix Valley Press June 19,
1991