3C - Ordinance Amendment Establishing Criteria for Park Dedication

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6. The amount of land and/or payment referred to in subdivision of the Ordinance would be recommended by the Planning Commission and not set by the Planning Commission. The City Council ultimately makes the decision regarding the amount of land and/or the amount of payment based upon the application of the Park Dedication Ordinance the same as plat approval. The Ordinance has been amended to reflect these requirements. See below for language changes. 7. Finally with respect to paragraph 5 of the proposed Ordinance Amendment I would suggest the following language: All land dedication pursuant to this Ordinance shall be conveyed to the City through a Warranty Deed drafted by the City Attorney and the Developer shall also provide a current Title Opinion or Title Insurance Commitment for review by the City Attorney for the property to be conveyed to the City. The City Attorney has recommended that land dedications be conveyed in this manner as Chapter 505 of Minnesota Statutes regarding plats is unclear whether land can be dedicated in the plat. In addition, land dedicated through the use of a deed provides more flexibility for the City and the developer. The Planning Commission reviewed these comments at last month's meeting, directing Staff to forward the proposed changes to the City Attorney for his review. The Attorney indicated his approval of the proposed amendments and offered that a separate title opinion or title insurance commitment for the property be conveyed for dedication purposes so long as the current opinion or commitment required for final plat approval contains the parcel. The Attorney also indicated that it is in the best interests of the City to draft the warranty deed anytime that the City is acquiring a property for park purposes. Amended Ordinance: The following is Section 9.1o, the Park Dedication section of the Ordinance,amended as per the Attorney's review. 1. In accordance with the provisions of Section 462.358 of the Minnesota Statutes, or amendments thereto, the subdivider shall dedicate, to the public, lands for highway rights-of-way, street rights-of-way, utility easements, wetland easements, and similar lands required for perpetual and public improvements. 2. The City of Pequot Lakes finds it in the public interest and necessary to provide future parks, trails and other public open and recreational spaces for the citizens of Pequot Lakes.As such, for every new subdivision of land involving three or more lots which are to be developed for residential purposes,the Planning CommissionCibLCguncil,with the recommendation of the City= Planning Commission, shall require a payment or dedication to the City of any one of the following, to be reviewed on an annual basis at the beginning of each calendar year: a. A reasonable portion of a land dedication for conservation purposes or for public use as parks, recreational facilities, playgrounds, trails, wetlands, or open space, up to o.o16 acres per resident expected in the proposed development, using the most recent average household size as determined by the Minnesota State Demographer's Office and the U.S.Census Bureau. b. A payment of up to $416 per expected resident in the proposed subdivision,using the most recent average household size as determined by the Minnesota State Demographer's Office and the U.S.Census Bureau. c. A combination of land dedication and cash payment to the City for parks and open space purposes that reflects the values contained herein and in the City's City of Pequot Lakes Staff Report 3-2 September 20,2007