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<br />Item No: 10F <br />Meeting Date: July 26, 2004 <br />Type of Business: CB <br />Administrator Review : ____ <br />City of Mounds View Staff Report <br />To: Honorable Mayor and City Council <br />From: James Ericson, Community Development Director <br />Item Title/Subject: Second Reading and Adoption of Ordinance 745, an <br />Ordinance Amending Chapter 1204 Relating to Park <br />Dedications <br />Introduction: <br /> <br />On April 12 and June 7 of this year, the City Council reviewed and discussed the City Code <br />relating to Park Dedications. It was determined that the language should be revised and the <br />City Attorney was asked to draft an opinion as to any necessary changes. The attorney’s <br />opinion and a draft ordinance were presented to the City Council for consideration. The City <br />Council approved the first reading of this ordinance on July 12, 2004. <br /> <br />Discussion: <br /> <br />The proposed amendments to the park dedication requirements take into account recent <br />changes in Minnesota Statutes as well as recent court decisions and past case law. Other <br />revisions make the language more clear and straightforward. In summary, the changes are <br />intended to ensure that Mounds View’s requirements are reasonably related to the nature <br />and extent of a requested subdivision. <br /> <br />In the original wording, there is a breakdown of dedication requirements for Residential, <br />Commercial and Industrial lands. The new language no longer differentiates between the <br />land uses although the specific land use can be taken into consideration as a determining <br />factor in the final dedication amount. Also removed is the 5% - 10% dedication requirement <br />for lands less than and greater than one acre, respectively. The existing language requires a <br />ten percent dedication without any consideration as to the “reasonableness” of the <br />dedication. The new language provides for some flexibility with a dedication fee of up to ten <br />percent of the fair market value of the land. Finally, a new subdivision has been added that <br />outlines the subdivider’s right to appeal the dedication amount to district court as prescribed <br />by state law. The City Attorney will recommend revised language for the highlighted <br />passage on the second page of the ordinance. <br /> <br />Recommendation: <br /> <br />Approve the second reading and adoption of Ordinance 745. <br /> <br />Respectfully submitted, <br /> <br /> <br /> <br />________________________ <br />James Ericson <br />Community Development Director <br />