06.01 - Park Dedication Appeal for Nordenstua Plat on SIbley Lake

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N O R D E N S T U A �-- IIEIII a 14 acre private cottage community on Sibley Lake, Scott Pederson•218-831-1867• Pequot Lakes,MN Sandy Peine, City Clerk City Of Pequot Lakes Dear Sandy, I am sorry to have to make this request but as a matter of principle and fairness I need to formally appeal the Park Dedication Fee assessed to Nordenstua on Sibley PUD by Planning and Zoning last night, January 18th. Clear guidelines and criteria were either not available or not used during the discussion concerning this matter. Based on recent history of park dedication fees assessed to other developments in the City of Pequot Lakes the $15,000 assigned to Nordenstua appears to be arbitrary and capricious. I feel there has been great inconsistency in assigning park dedication fees to developments in Pequot Lakes in the last year. I will attempt to explain my reasoning in the following paragraphs. As a matter of reference the following are excerpts from the Minnesota Statutes dealing with the `., dedication of fees from subdivisions: 462.358 Subd. 2b. Minnesota Statutes 2006 (b)....the municipality must adopt a capital improvement budget and have a parks and open space plan or have a parks, trails, and open space component in it's comprehensive plan... (d) In establishing the portion to be dedicated or preserved or the cash fee, the regulations shall give due consideration to the open space, recreational, or common areas, and facilities open to the public that the applicant proposes to reserve for the subdivision. (g) Cash payments received must be used only for the acquisition and development or improvement of parks, recreational facilities, playgrounds, trails, wetlands, or open space based on the approved park systems plan. Cash payments must not be used for ongoing operation or maintenance of parks... The basis and premise for these fees come from a city's growth through subdivisions and the effect that has on a city's park system. The more people moving into a city the more pressure it puts on the city's park system. Chuck Marohn could provide additional insight. When park fees were set for Wilderness Point Villas, consideration was given for the recreational amenities and open space areas within the boundaries of the development. P&Z assessed a park fee of$23,000 to Wilderness Point's 46 unit development making the average per lot $500. Trailside Estates 53 unit rural conservation development(RCS) was assessed no fee and was instead allowed to set aside .42 acres as a city park..