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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. rr W. es L/ 73 1 e S c9L-ll '4 q �o No 6 l 5 No No 3 5- '7`/ 53 `fib I 5 70 cic *44 I 0 vo-le, c a t 3 90 X7, 5 70 +sia / feyeJ UU ens e i vol'Pct ye S or No 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.