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Home My WebLink About1993.11.03 ORD 1993-287 ORDINANCE NO. 93-287 AN ORDINANCE AMENDING CITY ORDINANCES NO. 290-13 , SUBD. B(3) THE CITY COUNCIL OF THE CITY OF HUGO, WASHINGTON COUNTY, MINNESOTA, DOES HEREBY ORDAIN AS FOLLOWS: A. That City Ordinances Nos. 290-13 , Subd. B(3) is hereby AMENDED as follows: Section 290-13 , Subd. B(3) is amended by deleting the existing paragraph in its entirety and replacing it with the following: Section 290-13 , Subd. B(3) . a. In all new subdivisions wherein one (1) or more lots are created, a minimum of seven percent (7%) of the gross area subdivided shall be dedicated for public recreation space or other public use. b. Park land dedications shall be considered in relation to other park land in the city and should normally only be considered when the size of the development would provide a park of at least five (5) acres in size, either by itself or in combination with future planned developments. c. The park dedication shall be in addition to property dedicated for streets, alleys, easements, or other public ways, and may be land within the subdivision or otherwise. d. Dedication of park land may be at a location separated from the subdivision only if the City Council so agrees. e. No areas may be dedicated for public use until such areas have been approved by the City Council as suitable and necessary for the public health, safety, convenience, and general welfare. f. At the election of the City Council, if the subdivision is deemed too small for practical dedication of public land, or if no land in the subdivision is suitable for such use, or if the City finds the best interests of the City dictate otherwise, the subdivider shall be required to pay to the City the sum of Five Hundred Dollars ($500. 00) per lot created. Said money paid shall be placed into a fund to be known as the "Park Dedication Fee Fund. " g. "Lots Created" shall mean the total number of lots existing at the time of final approval of the subdivision. Exception: For minor subdivisions, if an existing home is incorporated into the design of the subdivision, then the lot upon which the existing home is located shall not be included in calculating the total number of lots created. h. Park dedications can also be a combination of dedicated land and park fees as may be agreed to between the City and the subdivider. i. Lots created in any manner that are larger than five (5) acres in area and three hundred (300) feet in width may be subject to the above requirements if, in the opinion of the City Council, the lot will not be re- subdivided. j . All monies within the "Park Dedication Fee Fund" shall be used by the City for the acquisition of park land or for the improvement of existing parks and/or recreation areas. k. Unless specifically agreed to by the City Council, no land shall be accepted as fulfilling the requirements for park land dedication if the land is considered wetlands, either through being listed in the National Wetlands Inventory, by being listed on the Minnesota Department of Natural Resources Protected Waters and Wetlands Map, and/or by meeting the definition for a wetland, as defined in the State of Minnesota' s Wetland Conservation Act. Effective Date. This ordinance shall be in full force and effect from and after its passage and publication according to law. Passed and adopted by the City Council of the City of Hugo, Washington County, Minnesota, on November 1, 1993 . Dated this 3/ day of / , 199 .3. CITY ODF/ HUGO: Walter L. Stoltzman a Mayor ATTEST: / / Mary Creager, Ci ,' lerk • AFFIDAVIT OF PUBLICATION CIT\- OF HUGO STATE OF MINNESOTA ss COUNTY OF WASHINGTON ORDINANCE NO.93-287 AN ORDICNNO AMENDING CITY ORDINANCES NO.290-13,SUBD.B(3) Duane A.Rasmussen , being duly sworn, on oath says that he is the THE CITY COUNCIL OF THE CITY OF HUGO, WMINNESOTA,Do SG TON HEREBY COUOR- publisher or authorized agent and employee of the publisher of the DAIN AS FOLLOWS: A. That City Ordinances Nos. 290-13, er news a known as The Times, and has full knowledge of the facts Subd.B(3)is hereby AMENDED as fol- newspaper g lows: Section 290-13,Subd.B(3)is amended which are stated below: by deleting the existing paragraph in its entirety and replacing it with the follow- ing: Section 29013,Subd.B(3). (A) The newspaper has complied with all of the requirements Ion- a.In all new subdivisions wherein one (1)or more lots are created,a minimum stituting qualification as a legal newspaper, as provided by Minnesota of seven percent(7%)of the gross area subdivided shall be dedicated for public recreation space or other public use. Statute 331A.02, 331A.07 and other applicable laws,as amended. b.Park land dedications shall be con- sidered in relation to other park land in the city and should normally only be (B)The printed considered when the size of the develop- ment would provide a park of at least five(5)acres in size,either by itself or public notice in combination with future planned de- velopments. which is attached was cut from the columns of said newspaper, and c.The park dedication shall be in addi- tion to property dedicated for streets,al- leys, easements, or other public ways, was printed and published once each week, for one successive and may be land within the subdivision or otherwise. d.Dedication of park land may be at a weeks; it was first published on Thursday , the 11 day location separated from the subdivision only if the City Council so agrees. e.No areas may be dedicated for pub- of November 19 93,and was thereafter printed and published lic use until such areas have been ap- proved by the City Council as suitable nd necessary (or the public health, each week to and including Thursday the 11 day safety, convenience, and general wel- ' fare. f.At the election of the City Council,if of November , 19 93 . the subdivision is deemed too small for practical dedication of public land,or if nu land inthe subdivision is she able for in- 0•613-41101•1444.04•*""4 41101.1' � such use,or if the City finds the best in- terests of the City dictate otherwise,the BY: subdivider shall be required to pay to the City the sum of Five Hundred Dol- TITLE: Publisher lars($500.00)per lot created.Said mon- ey paid shall be placed into a fund to be known as the "Park Dedication Fee Fund.°' Subscribed and sworn to before me on g."Lots Created"shall mean the total number of lots existing at the time of fi • - nal approval of the subdivision.Excep- this eleventh tion:For minor subdivisions,if an exist- ing home is incorporated into the design of the subdivision, then the lot upon day of November , 103 which the existing home is located shall not be included in calculating the total number of lots created. . 1 it h.Park dedications can also be a com- ii*--P bination of dedicated land and park fees as may be agreed to between the City `i� 1�'�1 and the subdivider. 1 i.Lots created in any manner that are ,.,f . HOWARD D. LESTRUD larger than five (5) acres in area and three hundred(300)feet in width may be r �T RY• ri l 1. MINNESOTA subject to the above requirements if,in r',.-- :<,v: vvAJ IN TON COUNTY the opinion of the City Council, the lot ;- .7 MY cOMMISION EXPIRES will not be resubdivided. APRIL i 6. 1995 j.All monies within the"Park Dedica- tion Fee Fund"shall be used by the City for the acquisition of park land or for the ( owes c assi Ie. ra poid .y O mer improvement of existing parks and/or users for comparable space $ 5.30 col.inch recreation areas. k.Unless specifically agreed to by the City Council,no land shall be accepted (2)Maximum rate allowed by law for the above as fulfilling the requirements for park matter $ 5.61 col.inch land dedication if the land is considered etetlands,either through being listed in he National Wetlands Inventory,by be- (3)Rate actually charged for the above matter $ 5.30 cot.Inch ing listed on the Minnesota Department of Natural Resources Protected Waters and wetlands Map, and/or by meeting (4)Rate actually charged for additional the definition for a wetland,as defined 2.65 in the State of Minnesota's Wetland Con- insertions $ col.Inch servation Act. Effective Date. This ordinance shall be in full force and effect from and after its passage and publication according to law. Passed and adopted by the City Coun- cil of the City of Hugo, Washington County, Minnesota, on November 1, 1993. Dated this 3rd day of November,1993. CITY OF HUGO: /s/Walter L.Stoltzman Walter L.Stolzman Mayor ATTEST: /s/Mary Ann Creager - Mary Ann Creager,City Clerk Published in THE TIMES November 10,1993)