The URL can be used to link to this page

Home My WebLink AboutOrdinance 745.] ORDINANCE NO. 745 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING TITLE 1200, CHAPTER 1204 OF THE MOUNDS VIEW MUNICIPAL CODE RELATING TO PARK DEDICATION FEES THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1: The following shall represent published, along with the ordinance title, in Mounds View City Charter Section 3.07: a summary of this ordinance and shall be lieu of the whole ordinance as permitted by Ordinance 745 amends Chapter 1204 of the Mounds View Municipal Code pertaining to Park Dedications associated with subdivisions of land. The • amendments clarify the requirements, address recent changes to Minnesota statutes and allow for some flexibility regarding the dedication fee imposed. While the maximum dedication allowed by the Code would be ten percent of the land or its equivalent cash value, the amendment would necessitate that the fee imposed as a result of a subdivision be comparatively reasonable and based in part on the intensity or further intensification resulting from the development. Finally, the amendment provides for a process by which the subdivider of land may appeal the imposition of the dedication fee to the district court consistent with Minnesota Statutes. A complete copy of this ordinance is available for public viewing at Mounds View City Hall or it can be accessed on the Internet at Htt~!/www.ci.mounds-view.mn.us/ords/745.pdf. C] 4"rdin~nce 745 Page 2 Section 2. Section 1204.02, subd. 1(a) of the Mounds View Municipal Code is amended with additions underlined and deletions ~st~isl4en, to read: Subd. 1. Dedication Required. a. Pursuant to Minnesota Statutes 462.358, 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 each proposed subdivision ~"^" "° ~'°~'~^^+°~' to the public for public use as parks, playgrounds, public open space, wetlands or storm water holding areas or ponds or, at the option of the Municipality and at its sole discretion, t#at the subdivider shall contribute an equivalent amount in cash based on the fair market value of the land. Section 3. Section 1204.02, subd. 1(c) of the Mounds View Municipal Code is amended with additions underlined and deletions e~isl~er~, to read: Subd. 1. Dedication Required. c. The Municipality, at its sole discretion, may take into consideration the open space, park, recreational or common areas and facilities which the subdivider • has ~e~ed reserved for the °V^'~ ~^~~~° ~ ~°., ^f +"° r°°;,~o^+° of }h° subdivision; Section 4. Section 1204.02, subd. 4 of the Mounds View Municipal Code is amended with additions underlined and deletions ~+,-, to read: Subd. 4. Dedication ^{o °e~;~enRaT-'tee Amount: VYiyiVFi"15~}° "° A°.,°I°n°~ f°r r°c.i~°n}iol „^°^ A reasonable portion of the land of any proposed subdivision or its equivalent in cash shall be dedicated ~ the subdivider }.~ +~ iG for public use. , areas-e~eeds, , Q°c~ir!°n}i~+l ~ ~^°^ °n n~rn°I/c•~ uii}h ~ ~ ~°~ir!°n}inl ~ ~^°c. °n r~~rn°I^/~~ uii}h _~ ~ except, that storm water holding areas or ponds, whether required by the Municipality or any other regulatory body, may not be taken into consideration. • Ordinance 745 Page 3 • Up to ten percent (10%) of the 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 Municipality based on the following factors: • 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 pond_s~ • Fair market value of the land; • Other relevant factors unique to a particular subdivision supporting the need for dedication of lands for public use. i equivalent amount in cash from the applicant for part or the entire ~dicated is due no later than at the time of final approval of he pry to be Section 5. Section 1204.02, subd. 5 of the Mounds View Municipal Code is repealed. Section 6. Section 1204.02, subd. 6 of the Mounds View Municipal Code is amended to read: • Subd. 6 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- subdivision parcel(s) +^ "° ,+°"°'^^°,+ f^r r°°;,+°^+;°' „~°~ shall be based on the market value of the land at the time of re-subdivision "~°~^'~~t#~e-ssn a~~e and the factors set forth in subdivision 4 under this Section less any applicable credit for the prior cash dedication. 0 Section 7. Section 1204.02 is amended by adding a subdivision to read: Subd. 6. Riaht 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 60 days of the approval of the subdivision application. The subdivider must give written notice to the Municipality regarding a proposed fee dispute prior to the final decision on the proposed subdivision Upon receiving the notice the Municipality shall place the disputed fee amount in an escrow and shall continue rocessin the subdivision a lication as if the fee had been paid The Municipality will 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 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 Municipalit rL. C}rdin~ce 745 Page 4 • Section 8. This Ordinance becomes effective thirty (30) days after its publication in the officia{ City newspaper. Read by the City Council of the City of Mounds View on this 12th day of July, 2004. Read and passed by the City Council of the City of Mounds View this 26th day of July, 2004. ATTEST: (SEAL) APPROVED AS TO FORM: ity Att r y Kurt Ulrich, C:IerK / Atlminisirator ~ A4~n~lavn~ o~ ~~n&~fli~~~n~~n .7 State of M[nn>r>teso>ta SS Co>.n>mty off lgar';aasey~ Keri Solseth ,being duly sworn, on oath, says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as NEW BRI('THTnN B 1LLETIN ,and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed ORDINANCE NO. 745 which is attached was cut from the columns of said newspaper, and was printed and published once each week, for 1 successive weeks; it was first published on wED• ,the 4TH day of AUG. 20 04 ,and was thereafter printed and published on every to and including ,the day of , 20 ;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 publication of the notice: "ABCDEFGHIJKLMNOPQRSTUVWXYZ 'ABCDEFGHIJKLMNOPORSTUVWXYZ 'abcdefghijklmnopq rstuvwxyz Subscribed and sworn to before me on TH t is 4 day of AUG. 20 04 Notary Public l BY: ~ ` TITLE ACCOUNTING ASSOCIATE "Alphabet should be in the same size and kind of type as the notice. '~WYA R. FI~AD ~~~~ RATE INFORMATION Wlr OOIIr16 .18n. 31. X108 O (1) Lowest classified rate paid by commercial users for comparable space ............................................................$24.00 per col. inch (2) Maximum rate allowed by law for the above matter ...........................................$20.49 per col. inch (3) Rate actually charged for the above matter .......................................................$ per col, inch 1 /04 ORDINANCE NOJ45 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING TITLE 1.200, CHAPTER 1204 OF THE MOUNbS VIEW MUNIGPAL CODE RELATING TO PARK DEDICATION FEES THE CITY OF MOUNDS VIEW ORDAINS: SECTK)N 1: The following shall represent a summary of this ordinance and shall be published, along with the ordinance title,. in lieu of the whale ordinance as permitted by Mounds View City Charter Section 3.07: Ordinance 745 amends Chapter 1204 of the Mounds mew Municipal Code pertaining to Park Dedketions associated with subdivisions o1 (and..... The amendments ctarf/y :the ,requirements, address ra~cent' changes: to Minnesota statutes and allow .tor some /lexibllfty regard+n9 the dedication tee imposed. While the 'maximum dedication allowed by the Code would be ten percent of the• land or its equivalent cash value, ~ amendment would necessitate that the fee imposed as a nssult of a subdivision be comparatively reasonable and based in part ' on the intensity or further intensification resulting from the devebpment. Finally, the amendment provides. for a process by which the.. subdivider of land may appeal the imposiHOn of the dedication fee to the district court consistent with .Minnesota Statutes. A complete cePY of this ordinance is available for public viewing at Mounds View City Hall or ii can be accessed on the Internet aY Htte~//wrn., ,.~ ..,,..,.,w_ . (Bulletin: Aug. 4, 2004) ~ A~En~lavn~ oil ]~tnl~llic~~n~~n State o$1Vdirnrnesota ~ SS Coananty o~ Ra>rrnsey Keri Solseth ,being duly sworn, on oath, says that • he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as NF,W RRTCTHTON RTTT,T.F.TIN ,and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed ORDINANCE NO. 745 which is attached was cut from the columns of said newspaper, and was printed and published once each week, for 1 successive weeks; it was first published on WED• ,the 4TH day of AUG. 20 04 ,and was thereafter printed and published on every to and including ,the day of , 20 ;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 publication of the notice: *AB CD E FG H IJ K LM N OPQRST U V W XYZ *ABCDEFGHIJKLMNOPQRSTUVWXYZ *abcdefghij klmnopgrstuvwxyz Subscribed and sworn to before me on TH this 4 day of AUG. 20 04 Notary Public *Alphabet should be in the same size and kind of type as the notice. 0 '~'OPlYA R. 6T'ENF~1D ~~'- RATE INFORMATION wy oomn>,. ~a+~ Jan. ~~ 2005 ~ r.~ (1) Lowest classified rate paid by commercial users for comparable space ................................................. BY: TITLE ACCOUNTING ASSOCIATE (2) Maximum rate allowed by law for the above matter ............................ (3) Rate actually charged for the above matter ........................................ .....$24.00 per col. inch .........$20.49 per col. inch .......$ per col. inch 1 /04 • ORDINANGE N0.7d5- CITY OF MOUNDS VIEW 'COUNTY OF RAMSEY STATE:OF MINNESOTA AN ORDINANCE AMENDING TITLE 1200, CHAPTER 1204 OF THE MOUNDS VIEW MUNICIPAL CODE RELATING TO PARK DEDICATION FEES ' THE. -CITY OF MOUNDS VIEW ORDAINS: SECTION 1: The following shall represent a summary of this ordinance and shall be published, along with the ordinance title, in lieu of the whole orclinance as permitted by Mounds View City Charter Section 3.07: Ordinance 745 amends Chapter 1204 of the Mounds View Municipal Gods pertaining to Park Dedicabonsa~ociated with subdivisions of land. The amendments, darlfy .the rr8quirements, address recent Changes to, lnnesota statutes and allow for some Jlexib/lity regaroYng the dedxation fee imposed. While the maximum dedication allowed by the Code woWd be ten percent of the land or Its equivalent cash value, the , amendment would. necessitate- that the fee imposed as a resuR of a subdivision be Comparetivety reasonable and based in part on the intensity or further intensification resulting from the devebpment. malty the amendment provides. fora .process by which the subdivider of land may appeal the imposition of the dedication fee to the disbict coon consistent with Minnesota Statutes. A complete copy of this ordinance is available for public viewing at Mounds Crew Qity Hall or it can be accessed on the Internet at Htto://wwwc. ",~~~.,~~_ (Bulletin: Aug. 4, 2004) •