11.0. PRSR Item# 11.
t y of MEMORANDUM
ik RiverTO: Park and Recreation Commissi n
FROM: Stephen Wensman, Planner
DATE: June 9, 1999
SUBJECT: Amendment to the Park Dedication
Ordinance
Request
Please review and make a recommendation regarding an amendment to the
park dedication ordinance.
Attachments
• Existing park dedication ordinance
• Proposed park dedication ordinance
• Overview
At the March 10, 1999, Park and Recreation Commission meeting, staff was
asked to prepare a draft of an amendment to the park dedication ordinance,
section 1008.18, reflecting the current policies of the Commission.
On April 14, and again on May 12, this item was provided for review by the
Park and Recreation Commission.
Recommendation
Staff recommends that the Park and Recreation Commission review the
proposed ordinance amendment and to make a recommendation.
\\elkriver\sys\shrdoc\planning\stevewen\parkmmo\oa99-ded.doc
13065 Orono Parkway • P.O. Box 490 • Elk River,MN 55330 • TDD &Phone: (612)441-7420 • Fax: (612)441-7425
1008.18 - DEDICATION OF LAND OR CONTRIBUTION OF CASH FOR
• PUBLIC PURPOSE
1 . In every plat, replat or subdivision of land to be developed
for residential, commercial, industrial, or as a planned
development which includes such uses or any combination thereof,
as general rule, it is reasonable to require that an amount of
land equal in value to ten percent (10%) of the undeveloped land
proposed to be subdivided shall be set aside and dedicated by the
tract owner or owners to the general public as open space for
parks, playgrounds, trails, or public open space; or, at the
option of the City, the tract owner or owners shall contribute to
the City an amount of cash equal to the fair market value of the
undeveloped land otherwise required to be so set aside and
dedicated, or set aside and dedicate a part of such land and
contribute the balance of such undeveloped land value in cash.
The City Council shall determine the amount to be required by
resolution from time to time. Any monies so paid to the City
shall be placed in a special fund and used only for the
acquisition of land for parks, playgrounds, trails, public open
space and development of such areas and sites, and for debt
retirement in connection with land previously acquired or
developed for such public purposes. For purposes of this
Ordinance, "fair market value of the undeveloped land" is defined
as the fair market value of the land within such plat, replat, or
subdivision as of the date the plat, replat, or subdivision is
• presented to the City Council for approval of the final plat, as
determined by the City Assessor in the same manner as he
determines the fair market value of land for tax purposes.
2. In addition, in every plat, replat, or subdivision of land
to be developed for residential, commercial, industrial or as a
planned unit development which includes such uses, the land
required for public streets, regional storm water holding ponds
and wetlands shall be set aside and dedicated on the plat by the
owners to the City. These areas will not be credited towards any
park dedication requirements.
Draft
06/04/99
PROPOSED PARK DEDICATION ORDINANCE
1008.18 - DEDICATION OF LAND OR CONTRIBUTION OF CASH FOR
PUBLIC PURPOSE
1. In every plat, replat or subdivision of land to be developed
for residential, commercial, industrial, or as a planned
unit development which includes such uses or any combination
thereof, as general rule, it is reasonable to require that:
a) an amount of land equal in value to ten percent (10%)
of the undeveloped land proposed to be subdivided
shall be set aside and dedicated by the tract owner or
owners to the general public as open space for parks,
playgrounds, trails, or public open space;
b) or, at the option of the City, the tract owner or
owners shall contribute to the City an amount of cash
equal to the fair market value of the undeveloped land
otherwise required to be so set aside and dedicated,
or set aside and dedicate a part of such land and
contribute the balance of such undeveloped land value
in cash.
• b) The City Council shall determine the amount of cash to
be required by resolution from time to time.
c) Residential Property being replatted with the same
number of lots and same number of dwelling units shall
be exempt from all park land dedication requirements.
If the number of lots or the number of dwelling units
is increased, or if land outside the previously
recorded plat is added, then the park dedication shall
be based on the additional lots and on the additional
land being added to the plat.
d) Commercial and Industrial land being replatted with
the same land area shall be exempt from all park
dedication requirements. If the land area is
increased, or if land outside the previously recorded
plat is added, then the park dedication requirements
shall be based on the additional land being added to
the plat
2. Any monies so paid to the City shall be placed in a special
fund and used only for the acquisition of land for parks,
playgrounds, trails, public open space and development of
such areas and sites, and for debt retirement in connection
with land previously acquired or developed for such public
purposes. Any monies specifically paid to the City for
\\elkriver\sys\shrdoc\planning\stevewen\parkmmo\dedord.doc
Draft
06/04/99
Trails shall be use only for the acquisition of land for
410 trails and for development of such areas and sites.
a) For purposes of this Ordinance, "fair market value of
the undeveloped land" is defined as the fair market
value of the land within such plat, replat, or
subdivision as of the date the plat, replat, or
subdivision is presented to the City Council for
approval of the final plat, as determined by the City
Assessor in the same manner as he determines the fair
market value of land for tax purposes.
3. In addition, in every plat, replat, or subdivision of land
to be developed for residential, commercial, industrial or
as a planned unit development which includes such uses, the
land required for public streets, regional storm water
holding ponds and wetlands shall be set aside and dedicated
on the plat by the owners to the City. These areas will not
be credited towards any park dedication requirements.
4 . Land to be dedicated shall be reasonably located and suited
for its intended use and be bound by public or private roads
as determined by the City. Factors used in evaluating the
adequacy of proposed park and recreation areas shall
include size, shape, topography, geology, hydrology, tree
cover, access, location consistent with the goals and
• objectives of the Master Park and Recreation Plan.
5. As part of their developers agreement or site plan approval
responsibilities, the tract owner or owners shall be
responsible for making certain improvements to the
development for park, trail and public open space purposes,
including, but not limited to, finish grading, ground cover,
playground and construction of trails within their
developments and clearly identifying property lines with
markers.
6. Park dedication credit shall not be granted for the
construction of recreational facilities unless a specific
agreement granting credit is approved by the City Council .
Any recreational facility proposals shall be presented to
the Park and Recreation Commission for review and
recommendation to the City Council. The submission for
review shall include an estimate of installation costs, the
type or style of equipment and a site plan.
7 . As part of the application procedure at the time of
preliminary plat, the tract owner or owners, shall confer
with City staff and the Park and Recreation Commission, to
secure a recommendation as to the location of any property
that should be dedicated to the public for park and
recreation purposes.
\\elkriver\sys\shrdoc\planning\stevewen\parkmmo\dedord.doc
Draft
06/04/99
8 . Where private open space for park and recreation purposes is
provided in a proposed subdivision, such areas shall not be
used for credit against the requirement of dedication for
park and recreation purposes, unless the City Council finds
it is in the public interest to do so.
9. As part of any park dedication of land, a survey at a scale
of 1 inch = 50 feet shall be provided with topographic data,
based on City datum, including contours at vertical
intervals of at least (2) feet, water courses, wetlands,
marshes, rock outcrops, easements, utilities and vegetative
data.
i
410
\\elkriver\sys\shrdoc\planning\stevewen\parkmmo\dedord.doc
•
I FoFour
Shakopee park improvement bond issue fails d and
A$5 million bond issue to improve a dozen neighborhood
parks in Shakopee failed by a vote of 811 to 714 in a
referendum Tuesday, an election clerk said Tuesday night. The
issue would have been supplemented by$1 million from existing
park dedications and tax increment funds for a total of$6 million
in improvements.
City officials said the tax impact to owners of commercial or
residential property valued at$115,000 would have been$54 in the
first year
The improvements would have included a recreation and lap
ippool,a fitness center,and$985,000 for parks and trails.
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Russ and Sandy Langer 11922 190th Circle NW Elk River,MN 55330
(612)441-0146
To: Elk River Park and Recreation Commission City of Elk River 13065 Orono Parkway P.0.Box 490 Elk River,MN 55330
fbE - Proposed Paved trails in School view Addition near Elk River Arena
June 5, 1999
Dear Elk River Park and Recreation Commission members,
As property owners near and immediately adjacent to the proposed trails near the Arena,we have a number of Serious concerns
and strong objections to the proposed trails.
,Safety Issues-The neighborhood has many young kids who play in or near the existing cul-de-sac and proposed trail area.
A large part of the appeal of the neighborhood is its privacy.Increased traffic,both from cars driving by and parking near the trail,and
from people on foot raises numerous safety concerns for our children.We know our neighbors and watch out for each other. In our
current society,we do not want or need more unidentified people,who may or may not be trustworthy,in our area.
Destruction of natural wetland area-We feel the Park and Recreation Commission should work to enhance natural
areas,not destroy them.The proposed area has numerous trees,abundant wildlife with deer tracks seen,numerous rabbits,and other
small creatures.It is also a bird haven containing bluebirds,blackbirds, mourning doves,robins,tree swallows,finches,chickadees,
and many other species.Removal of the trees,destruction of the wild area,and creation of a paved trail,will destroy the habitat of this
unique wetland area.
Drainage-Topographically,the area is at the bottom of an extensive drop in neighborhood elevation.During storms the
street floods,creating multiple large puddled areas to drive through.These puddles flow downhill to the drainage ditch which is the site
of one of the proposed trails.The existing houses in the area are at or near minimum dry elevations.Without the proper drainage
homes could potentially begin to flood.We believe that altering the drainage ditch would add to already existing water problems.Is the
City planning on installing sewers to care of potential drainage problems that could occur with altering the drainage ditch?
IIISense of Privacy ruined - This is already an issue with the High School,behind the wetland,in many of our backyards.
We live with existing noise,traffic,and student problems.We do not want our front yards turned into another problem area.
nigh School smokers-This problem still has not been solved in the 4 years of the existing path between the
neighborhood and the Arena.The City,and/or the High School does not,will not,or cannot enforce the problem of under-age students
smoking on their way to and from school,littering,and gathering in groups just off of school grounds.Adding another trail will only
add to an already existing trouble spot.The School does not pick up the student litter,nor does the city.The neighbors should not
have to pick up,supervise,or monitor students,or other people who are not acting responsibly.
Alternatives already available-A preexisting sidewalk pathway through the area next to the High School parking lot
already exists.What is the sense of adding another paved trail,one block away to an area that already has a preexisting path?
Who actually wants these Paved trails in this area? - Is there any documented actual need for paved trails in these
areas? After speaking with numerous neighbors,I have not found anyone who is in favor of paving the existing path or the creation of
a new paved trail in the proposed areas.Have people who live in the area been asked about this issue or is this part of some"grand
plan"of which we know nothing about? Are there specific survey results out there that we as citizens know nothing about.To receive
a mailing notice on the Saturday before a Wednesday evening meeting makes us concerned that"something"is being attempted
without any real attempt to get citizen input.
Why the trail Proposal at all?-Elk River has paved trails such as WoodLand Hills and Lions Park already in
existence.How often are they used?Perhaps development should occur in preexisting trail systems before further destroying other
natural areas.We do not see any point in paving a drainage ditch to connect a private cul-de-sac to where?
Elk River has many fine natural areas already in existence.We do not want destruction of these"natural areas"for the creation of
" ficial"paved asphalt or concrete pathways,particularly in areas in which we see no need. We are strongly opposed to paving the
sting pathway through the neighborhood next to the arena and to the creation of another paved trail through a unique and beautiful
natural area.
a-).-ie 37 1- Sa4teila /II- , -‘71
Thank you. Russell J. and Sandra M. Langer
• To: Park and Recreation Board
From: Brad Wick & Mike Niziolek
Date: June 4, 1999
Regarding: Citizens Running Race
A group of citizens would like to host a citizens running race at Woodland
Trails City_Park on Saturday, July 31 from 8:00am to 10:00am. We are
hoping that Community Recreation will sponsor the event, however we
would be more than happy to organize and run the event.
The race would utilize the trails of Woodland Trails and the parking lot.
We are planning to restrict the number of participants to the first 100
who register.
• The goal is to provide running opportunities for citizens of all ages and
would like to keep a very local emphasis to the event.
Our long term goal is to make it a yearly event which would occur on the
corresponding Saturday every year.
•
• To: Park and Recreation Board
From: Mike Niziolek (Elk River Cross Country Running Coach)
Date: June 4, 1999
Regarding: Cross Country Running Race
The Elk River High School Cross Country Running Coaches and Team would
like to host_an invitational on Friday, October 1st at Woodland Trails City
Park.
Our invitational would utilize the park from 2:00pm to 7:00pm. Portions
of the park which would be used are:
1 . the grass covered trails on the south side of the park.
2. a staging area south of the parking lot.
3. the parking lot.
• We expect approximately 12 teams and 400 runners in the six races.
RACE SCHEDULE:
3:15pm Boys' Varsity (10 Runners) 5,000 Meters
3:40pm Girls' Varsity (10 Runner) 4,000 Meters
4:05pm Girls' Junior Varsity (10 Runners) 4,000 Meters
4:30pm Boys' Junior Varsity (10 Runners) 5,000 Meters
4:55pm Junior High Boys' (10 Runners) 3,000 Meters
5:10pm Junior High Girls' (10 Runners) 3,000 Meters
5:30pm Awards
Note: We anticipate that the teams will begin to arrive at approximately 2:00pm.
No cost will be incurred by the city for any aspect of the event. In fact
the Elk River High School will pay for addition portable toilets and could
possible provide resources for mowing the trails.