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Home My WebLink About6.p. Amendment to the 2004 Fees and Fee Policy for Parks Dedication Feesh CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION CITY COUNCIL MEETING DATE: January 20, 2004 AGENDA ITEM: Amendment to the 2004 Fees and Fee Policy — AGENDA SECTION: Parks Dedication Fees CONSENT AGENDA PREPARED BY: Dan Schultz, Director of Parks and Recreation GE NffM #6- P ATTACHMENTS: Resolution, Subdivision Ordinance, State Statute, APPROVED BY: MRPA Survey, Meeting Minutes, Parks Dedication Fees from Fees Policy. As part of the City's Subdivision Ordinance (Attachment A) and as detailed by state statute (Attachment B), the City receives a dedicated portion of any proposed subdivision. The City then has a choice to receive the dedication as land or cash in lieu of land. The cash dedication is based on the value of the property. The funds received are then placed in the Parks Improvement Fund and used to purchase and/or construct new parks, trails and open space. The Parks and Recreation Commission annually reviews the park dedication fees and makes a recommendation to the City Council. Attached is the 2003/2004 Minnesota Recreation and Parks Association (MRPA) Parks Dedication Fees Survey (Attachment C) that staff recently received and minutes from the December 22, 2003 Parks and Recreation Commission meeting (Attachment D) regarding parks dedication. The Commission is recommending that the residential parks dedication fees be increased from $45,000 per acre to $60,000 per acre (Attachment E). The fee is based on the typical value of undeveloped land in Rosemount. This increase is based on discussions with appraisers, recent land purchases and increasing park development costs. Staff supports the recommendation made by the Commission. The Parks and Recreation Commission and staff do not recommend any changes to the commercial and industrial dedication fees. RECOMMENDED ACTION: Motion to approve a resolution to amend the 2004 Fees and Fee Policy to increase Residential Parks Dedication Fees from $45,000 per acre to $60,000 per acre. COUNCIL ACTION: CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2004 - AMENDING THE RATES AND FEES FOR 2004, RESOLUTION 2003 -135 WHEREAS, the City Council has reviewed the 2004 fee schedule and recognizes the need to amend certain rates and fees for 2004; and WHEREAS, staff has found the need to amend the Park Dedication Fees and recommends increases as shown in Attachment 2; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Rosemount hereby approved the rates and fees for 2004 and further approves the amendment to the Park Dedication Fees. ADOPTED this 20th day of January, 2004. William Droste, Mayor ATTEST: Linda Jentink, City Clerk Motion: Second: Voted In Favor: Voted Against: Members Absent: hHot rk mop ic t 4 Subd. 5.6 Park Dedication A. Comprehensive Plans: Where a proposed park, trailway, ponding, or open space area, shown on the City's Comprehensive Guide Plan, Park Development Guide, comprehensive Storm Sewer Plan or official map, is located in the whole or in part in a subdivision, such area or areas shall be shown on the preliminary plat. Such area or areas shall also be dedicated to the City by the subdivider if the Council requests such dedication under the provisions of paragraphs below. B. Dedication: In all subdivisions, the City shall require that a reasonable portion of such 1 and b e s et aside and d edicated t o t he p ublic f or p arks, p laygrounds o r o ther public use exclusive of property dedicated for streets and other public ways. 1. In all residential subdivisions it shall be presumed that a reasonable amount of land has been dedicated for parks and playgrounds if the subdivider dedicates at least one twenty -fifth (1/25) of an acre for each dwelling unit of the proposed subdivision (acres to be dedicated = .04 x number of dwelling units). The City shall determine whether a cash payment in lieu of land dedication is appropriate. The amount of cash dedication shall be determined by multiplying the number of dwelling units of the proposed subdivision times the designed f ee per dwelling which may be set from time to time by resolution of the Council. 2. In all commercial, industrial and other subdivisions, it shall be presumed that a reasonable amount of land has been dedicated to serve the needs of the resident and working population for parks and playgrounds if the subdivider dedicates at least ten percent (10 %) o f the land in the subdivision for parks, recreation and usable open space. The City shall determine whether a cash payment in lieu of land dedication is appropriate. The amount of the cash dedication shall be determined by multiplying the number of acres (determined by application of the formula stated above) times the designated fee per acre which may be set from time to time by resolution of the Council. 3. The dedication of a portion of land for parks or playgrounds, or the payment of cash in lieu thereof, provided for the above shall be presumed to be reasonable. However, upon the request of the applicant, the recommendation of Park and Recreation Commission, or at the discretion of the Council, the City may either increase or decrease such dedication or payment upon a determination by the Council that such dedication or payment is unreasonable or insufficient given the specific characteristics of the proposed subdivision and its intended use. 4. Ponding areas, needed as a part of the overall City storm drainage plan, shall be dedicated as land or easement at the option of the City and as accepted by the City. However, no credit shall be given for park dedication unless said area meets the criteria for public parks as stated in the City's park dedication resolution and is approved by the Council. Said dedication of land or easement shall be in a form approved by the Council. Subd 5.6 Park Dedicaton 2004 5. In the case of subdivisions of land which have previously been subdivided and for which land has been dedicated for parks or playgrounds, or cash payments in lieu of such dedication have been made, the Council shall make reasonable adjustments to recognize such previous dedication or payment. C. Timing of Park Dedication: If a new subdivision is designed to be platted into more than one addition, all park and other public use lands contemplated under this section in the total subdivision area, shall be dedicated with the final plat of the first phase or addition of the subdivision unless otherwise approved by the Council. D. Condition of Land to be Dedicated: Land to be dedicated for public park, trail, or ponding shall be brought to a suitable condition by the subdivider in accordance with City policy. All disturbed areas shall have topsoil restored, be regraded with turf established according to specifications provided by the City. E. Abstract: Such lands shall be free and clear of all liens and encumbrances including special assessments as evidenced by any recent abstract or title or registered property abstract to be submitted at developer's cost to the City for its examination. F. Dedicated Property: City must have received warranty deed or equivalent for dedicated park property by the City before final plat is approved. Subd 5.6 Park Dedicaton 2004 Minnesota Statutes 2001, 462.358 /cot eA1 age 2 of 6 similar utilities and improvements or, in lieu thereof, on the receipt by the municipality of a cash deposit, certified check, irrevocable letter of credit, or bond in an amount and with surety and conditions sufficient to assure the municipality that the utilities and improvements will be constructed or installed according to the specifications of the municipality. Sections 471.345 and 574.26 do not apply to improvements made by a subdivider or a subdivider's contractor. The regulations may permit the municipality to condition its approval on compliance with other requirements reasonably related to the provisions of the regulations and to execute development contracts embodying the terms and conditions of approval. The municipality may enforce such agreements and conditions by appropriate legal and equitable remedies. Subd. 2b. Dedication. The regulations may require that a reasonable portion of any proposed subdivision be dedicated to the public or preserved for public use as streets, roads, sewers, electric, gas, and water facilities, storm water drainage and holding areas or ponds and similar utilities and improvements. In addition, the regulations may require that a reasonable portion of any proposed subdivision be dedicated to the public or preserved for conservation purposes or for public use as parks, recreational facilities as defined and outlined in section 471.191 playgrounds, trails, wetlands, or open space; provided that (a) the municipality may choose to accept an equivalent amount in cash from the applicant for part or all of the portion required to be dedicated to such public uses or purposes based on the fair market value of the land no later than at the time of final approval, (b) any cash payments received shall be placed in a special fund by the municipality used only for the purposes for which the money was obtained, (c) in establishing the reasonable portion to be dedicated, the regulations may consider the open space, park, recreational, or common areas and facilities which the applicant proposes to reserve for the subdivision, and (d) the municipality reasonably determines that it will need to acquire that portion of land for the purposes stated in this paragraph as a result of approval of the subdivision. Subd. 3. Repealed, 1980 c 566 s 35 Subd. 3a. Platting. The regulations may require that any subdivision creating parcels, tracts, or lots, shall be platted. The regulations shall require that all subdivisions which create five or more lots or parcels which are 2 -1/2 acres or less in size shall be platted. The regulations shall not conflict with the provisions of chapter 505 but may address subjects similar and additional to those in that chapter. Subd. 3b. Review procedures. The regulations shall include provisions regarding the content of applications for proposed subdivisions, the preliminary and final review and approval or disapproval of applications, and the coordination of such reviews with affected political subdivisions and state agencies. Subdivisions including lands abutting upon any existing or proposed trunk highway, county road or highway, or county state -aid highway shall also be subject to review. The regulations may provide for the consolidation of the preliminary and final review and approval or disapproval of subdivisions. Preliminary or final approval may be granted or denied for parts http: / /www. revisor. leg .state.mn.us /stats /462/358.html 1/11/2002 A*e & meott C 2003 PARK DEDICATION RATES CITY RESIDENTIAL - per unit COMMERCIAL - per acre INDUSTRIAL - per acre Blaine $1,700 $5,000 $3,400 Brooklyn Park $2,700 $6,500 $6,500 Champlin $2,000 $10,000 $8,000 Coon Rapids $1,117 - single $2,500 $2,500 Rosemount $ 950 - duplex $90,000, 10% of total acreage $45,000, 10 %of total acreage Savage $1,117 - townhomes $7,000 proposed $7,000 proposed Shakopee $ 760 - multi-family $3,350 $3,350 Crosslake $500 /min - $5,000 max $5,000 na based on Counties assessed value, developments w /20 + acres exempt na na $1,820 - single Eagan (includes $1,817 - duplex park and trail total) $1,817 - townhomes $1,678- muki -family $5,741 $5,119 Eden Prairie $2,500 $7,000 $7,000 Edina 7% 7% 7% Faribault 7% 7% 3% Inver Grove Heights $2,000 $4,000 $3,000 Lino Lakes $1,665 $2,175 $2,175 Little Canada $ 625 - single $1,250 - duplex (total) $ 312.50 townhome /mufti family 5% of land value or 10 % acreage 5% of land value or 10 % acreage New Brighton $1,000 $0 - to encourage redevelopment $0 - to encourage redevelopment New Hoe none see 2004 none see 2004 none see 2004 Maple Grove $2,600 $6,500 $5,000 Plymouth $2,600 $6,500 $6,500 Rosemount $1,800 $90,000, 5% of total acreage $45,000, 5 %of total acreage Roseville $1,000 5% fair market value 5% fair market value Saint Peter $594 - single $675 - duplex (total) $371- townhome /multi family 5% of gross lot area, 5% of gross lot area, $594 - Mobilehorne land at $13,500 per acre land at $13,500 per acre . Savage $1,900 $7,000 $7,000 Shakopee $2660 singleiduplex $2,200mufti/apts $4,470 $4,470 Waconia 4400 per acre $3,400 na $500 - sing le /townhome $325 +$75 per br above 1 br White Bear Lake Ifor mufti/apt. $2,500 na L Woodbury 1$2,000 1$3,000 1$3,000 9nnd PARK n;=r)ICATI/)N RATFC CITY Eden Prairie RESIDENTIAL - per unit $2,800 proposed COMMERCIAL - per acre $7,500 proposed INDUSTRIAL - per acre $7,500 proposed Edina 7% 7% 7% Inver Grove Hei ht $2,000 $4,000 $3,000 New Brighton $1,050 $0 - to encourage redevelopment $0 - to encourage redevelopment New Hope $1,500 - single $750 -duplex $500 min $5,000 max per acre - multi /a is $2,500 $2,500 Rosemount 2200 proposed $90,000, 10% of total acreage $45,000, 10 %of total acreage Savage $2,000 proposed $7,000 proposed $7,000 proposed Shakopee $3615 single/duplex $3,012 multi /a is $5,344 $5,344 Waconia $6,000 per acre $5,000 na Special Notes: St. Paul has no park dedication and Richfield's park development is funded by liquor store proceeds. PARKS & RECREATION COMMISSION Regular Meeting Minutes � `is 0j� December 22, 2003 ob DRAFT Members Present: Mike Eliason�arrived 7:03 p.m.), Mark Jacobs, Eric Johnson, Steve Wilson, Phil Sterner (arrived at 7:05 p.m.) Members Absent: None Staff Present: Dan Schultz, Director of Parks and Recreation and Sonja Honl, Recording Secretary Others Present: Representative from Newspaper? 1. CALL TO ORDER: Jacobs called the meeting to order at 7:00 p.m. 2. ADDITIONS TO THE AGENDA: None APPROVAL OF THE DECEMBER 22, 2003 AGENDA: MOTION by Johnson to approve the December 22, 2003 agenda. SECOND by Wilson. Ayes: 3 Nays: 0 Motion passed. 3. APPROVAL OF THE NOVEMBER 24, 2003 MINUTES: MOTION by Johnson to approve the minutes of November 24, 2003. SECOND by Wilson. Ayes: 3 Nays: 0 Motion passed. 4. AUDIENCE INPUT: None 5. DISCUSSION (Response to Audience Input): None 6. OLD BUSINESS: a. Athletic Complex/Community Facilities Task Force — Staff have discussed with City Council putting together a task force to look at the need for additional recreation facilities. Staff had put together a brief list of what the needs assessment would look like. The task force would include business /organization representatives, as well as Rosemount residents. They would determine who our audience is, how to do sampling, what service level is acceptable, etc. Staff recommended having a representative from the senior club, as well as a senior representative who doesn't belong to the senior club, a student such as Philip, and a high school student, two Park and Recreation Commission representatives, and two at -large members. These task force members would decipher the feedback. Facilities we are looking at including a senior center, arts center, youth center, aquatic center, and a second sheet off ice. Schultz is recommending not including an athletic complex at this time. Schultz will get a rough cost estimate and site plan and mail it to the Commission. A timeline for the project hasn't been set, but it should be done in late spring. Schultz has sent a letter to RAHA asking for a representative from their organization to serve on the task force. There will be a short application form and interview process. Johnson volunteered to serve on the interview committee. Sterner and Eliason volunteered to serve on the task force. Per Schultz, a press release will be done asking for volunteers to serve on the task force. b. 2004 MRPA Parks Dedication Fee Survey — Schultz reviewed the 2004 MRPA Parks Dedication Fees Survey results. Per Schultz, cities can take dedication of a reasonable amount of land in a subdivision. State statute says you can take a portion in land and /or cash. The amount based on the value of land. Schultz is recommending increasing the fees from $45,000 to - 1 - PARKS & RECREATION COMMISSION Regular Meeting Minutes December 22, 2003 $55,000 per acre. This increase is based on recent purchase amounts and discussions with appraisers. There was discussion regarding the increase and Schultz explained that were are in the middle range of what other cities are charging. The commission felt that we might be coming in to low and that the amount should be higher. Schultz indicated that if a developer felt the fee was to high they could request the council to lower the amount. MOTION by Sterner to increase the parks dedication fees to $60,000 per acre - $12,400 per unit for residential park dedication fees. SECOND by Wilson. Ayes: 5 Nays: 0 Motion passed. 7. NEW BUSINESS a. Director's Report — The park improvement fund balance for November is $253,215.60. The expenditures were for the remainder of the fees for Bloomfield Park, which were $109,563.34. We do have parks dedication coming in from Rosewood, McMenomy /Bertog, and Minnea. These will increase the fund again for the next park to be developed — Minnea. Dakota County Physical Development Committee of the Whole Meeting — Schultz attended this meeting. Discussion included parks and open spaces issues, Spring Lake Park Master Plan, a possible future county park in Empire and an off -leash dog park. Outdoor Rinks — Due to warm weather conditions, we have not been able to open the outdoor rinks as early as planned this month. Weather permitting, the outdoor rinks and warming houses should be open and ready for skating on Friday, December 26. Schultz has asked staff to keep rinks open later for the season due to the late opening. Jacobs asked for an update on the dome and the Pahl property. Per Schultz, with regard to the dome, a traffic study and a run -off study are both being done. The dome personnel are working on getting approval from the National Guard for the NURP pond. They are currently looking at late summer construction. The Pahl property developer pulled the item from the Planning Commission and asked for the opportunity to redraw the plan. Schultz did send them a letter with our recommendations. 8. ADJOURNMENT MOTION by Eliason to adjourn the meeting. SECOND by Sterner. Ayes: 5 Nays: 0 Motion passed. The meeting was adjourned at 7:55 p.m. Respectfully submitted by Sonja Honl, Recording Secretary -2- AN40 PARK DEDICATION FEES Park dedication fees are outlined in City Ordinance No. XVII.103 which states: In all new residential subdivisions, the City shall require that a sufficient portion of such land be set aside and dedicated to the public for parks, playgrounds or other public use exclusive of property dedicated for streets and other public ways. It shall be presumed that a sufficient amount of land has been dedicated for parks and playgrounds for the present and future residents of the subdivision, if the subdivider dedicates at least 1/25 of an acre per dwelling unit that can be constructed in the subdivision. The City upon consideration of the particular type of development proposed in the subdivision may require larger or lesser amounts of land be dedicated if the City determines that the present and fixture residents of the subdivision would require greater or lesser amounts of land for such purposes. The City shall determine whether cash in lieu of land dedication is more appropriate. The amount of cash dedication shall be determined by multiplying the number of acres otherwise required to be dedicated by the average value of comparable undeveloped land set by resolution by the City Council. In all new commercial and industrial subdivisions, it shall be presumed that a sufficient amount of land has been dedicated to serve the needs of the resident and working population if the subdivider dedicates at least five percent (5 %) of the land in the subdivision for parks, recreation and usable open space. The City upon consideration of the particular type of development proposed in the subdivision may require larger or lesser amounts of land to be dedicated if it determines that the present and future residents of the subdivision would require greater o r l esser a mounts o f t and f or s uch p urposes. T he C ity s hall d etermine whether cash in lieu of land dedication is appropriate. The amount of cash dedication shall be determined by multiplying the number of acres otherwise required to be dedicated by the average value of comparable undeveloped land set by resolution of the City Council. Land Values for the dedication of land and /or cash contribution: 2003 proposed 2004 New residential subdivision $45,000.00 /acre $60,000.00 /acre Commercial subdivision $90,000.00 /acre $90,000.00 /acre Industrial subdivision $45,000.00 /acre $45,000.00 /acre