05-09-95 PRThomas Bali l largeon
28 NE Red Cedar Trail
Elk River, Mn. 55330
(612) 441-1640
May 17, 1995
Council Representative
Suzanne Ackerman
8899 Nashua Ave. NE
Otsego, Mn. 55330
Dear Suzanne:
I have prepared the information for you to present to the
council at the May 22. 1995 meeting. I hope that I can
attend this meeting. I have included all information in
regards to the data collected and have no copies for myself.
Would you please make copies for me and return to ft)y mail
slot.
Wright County: The PRC has again approved a joint venture
with Wright County for an event at the Otsego Wright County
Park. By motion Darlene Solberg moved to again pa.y half the
expense for the group the Flyers. Debbie Carron seconded the
motion passed.
Also Darlene moved to send a thank you for the sign, Tom
Constant second, motion passed.
Outdoor Recreation Grant: Enclosed is the information on the
quotes for the play ground equipment, surface and timbers
prepared by Hakannas, Anderson Inc. Darlene moved to send on
to council for approval the quotes of $22,217.00 for the play
equipment, surface and timbers for the perimeter of the play
area.. Second by ,Jeff, motion passed. Tom Constant moved to
ask for the associate costs of concrete stacks and wood for
forms etc. Terie second, motion passed. Likewise Terie
motioned to ask the council for permission to use city
maintenance staff help in the construction. Jeff second,
motion passed. Darlene motioned to collect bids for
excavating etc. and approach council. Tom Costa.nt second,
motion passed. Debbie Carron motioned to set target day for
assembly of equipment of July 15. Darlene second, motion
passed. This should cover the Outdoor Recreation Grant.
Dedication Feer: In planning of park creation the PRC
realized that the costs are quite large to make anything that
the r_ommunitte would use. Only with modest construction of
parks that the dedication fees would not begin to cover the
costs of these parks. The PRC did a. study to see how other
communities dedication fees compare to Otseqo. In facts
collected (enclosed) Otsego was about middle of the road for
residential but lacked in commercial and industrial. If a
project was granted that would involve the use of forty
acres for example the dedication fee for this commercial
project would be only $350.00. After comparing other
communities the PRC made motion for change.
1.
My notes did not show who made the motion but the motion
was to "accept 10% of the land or 7.5% of the fair market
value (FMV) for commercial and industrial as dedication fee
in lieu of the previous amount of $350.00." Motion passed.
Second motion was "to accept $700.00 or 10% of FMV for
residential whichever is more." Motion passed. Trail
dedication fees will be on the next PRC adgenda.
I hope that I covered all the
meeting. I will be available
have any question please feel
the hard work!
Cor 'ally,
Thomas Ba.illargeon, Chair PRC
information for your next
if you need any help. If you
free to call. Thanks for all
TUE 1 4 29 MND W I
M ENT
CUSTOMER:' c l ,�
DATE OF 1NSTALLATI
0
j 04
PLAYGROUND,
D INST
C
IF THERE ARE ANY QUESTIONS PLEASE CALL:
AT:( )
(EVEM'NGS & WEEKENDS)'
REQUIRED ALA TEBL4LS.-
1. BLOCKS OF WOOD 2" X 10" X 10" TREATED LUMBER FOR
EACH POST.
2. (4) 2" X 4" X 8' LUMBER FOR BRACING (NOT PE ).
3. (12) 3" X 18" STAVES.
4. (4) 318" DRIVE SOCKET WRENCHES (MORE IF AVAILABLE). .
5. (4)
6. ELECTRICITY AVAILABLE
7. (1) MAUL.
8. (2) HAND LEVELS.
9. (4) 'PAPE MEASURES.
10. (4) SHOVELS.
11. (2) HAND POST HOLE DIGGERS.
12. (2) WHEEL BARROWS. '(ONLY IF CEMENTING THAT DAY)
13. (2) STEP LADDERS.
P _ 01
ITIS STRONGLY RECO19 ENDED THAT UNDERGROUND UTILITY LOCATIONS
BE DETERMINED AT LEAST ONE WEEK BEFORE THE PROJECT COMMENCES
THE FOLLOWING COMPANIES WELL COME OUT, LOCATE AND MARK ANY
UNDERGROUND UTILITIES AT NO CHARGE.
IN MINNESOTA CALL: "GOPHER STATE ONE CALL"
METRO AREA (612) 454-0002 TOLL FREE 1-800-252-1166
IN WISCONSIN CALL: "DIGGERS HOTLINE"
MILWAUKEE AREA (414) 259-1181 TOLL FREE 1800-242-8511
A CHECK IS TO BE MADE PAYABLE TO:
IN THE AMOUNT OF S AT THE TRvlE OF INSTALLATION.
HOLES FOR PLAYSTRUCTURE MUST BE DUG IN. ADVANCE. THE GROUND
PLAN IS ENCLOSED WrM THE INSTALLAT ON INSTRUCTIONS.
SHOULD YOU WISH SUPERVISOR TO STAKE OUT AND AUGER HOLES, THE
ADDITIONAL CHARGE WOULD BE S
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L,
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of D!
,M•MI7
I PRICE QUOTATION
OTSEGO- PRAIRIE PARK
IMPROVEMENT. PROJECT 95-1
, ' OTSEGO, MN
I -
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The undersigned propoawto furnish the materials inclusive of delivery charges,:.
.
hsnWing coats, and,salos tax for .the following prides:.
1QAmfifix Unit n
ale x $19 nmbm so $
Rema 1120 $ �,,, rs�. (
10# - o' rib. 9pn W_
TOTAL i
The omw rssrva the right io reject any or all propo Wd re"mat the right
to waive minor discrapancles• All quottis shall be -valid for a period of 80 days
feam tht,tf *wM -we due.
! of B[YkW1 !. 1 L f CI 11 w...riwwi..�
l4a�rm: ' V�D�
pa "max17r l
city, stats Zip"_q1g + S
T Om No Fax:
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OTSEGO PRAIRIE PARK
SUMMARY OF QUOTES:
PLAY EQUIPMENT:
Minnesota -Wisconsin Playground, Inc. is the sole -source supplier in this area of
Game Time Equipment as was selected by the Parks Commission.
Bid Received: Quote Estimate
6221 Timber Scope System $12,686
ADA modification 4,333
$17,019 $15,550
RESILIENT SURFACING
Two systems were sent out for quotes, the Fibar system and Safe Site system.
Both are wood fiber mulches with underlay drainage which meet ADA, CPSC &
ASTM requirements.
Two quotes were originally
received as follows:
Minnesota Playground
Jennings
Quote Estimate
$6,533.00* $5,800
$4,015.00
* $5,524.00 if ordered together with Play Equipment ($1,009.00 discount)
A third quote was received from Minnesota Playground for $4,014.00 inclusive of
the $1,009.00 discount originally quoted. Minnesota Wisconsin Playground, Inc.
is thus the lowest bidder.
The two items quoted ($17,019 + $4,014) would be $21,033 or 98.5% of our
estimate of $21,350. We would thus recommend award of a purchase agreement
with Minnesota Wisconsin Playground, Inc. for play equipment and resilient
surfacing.
OTSEGO PRAIRIE
Page 2
SUMMARY OF QUOTES:
PLAYGROUND TIMBERS
Quotes for the perimeter timbers, rebars and spikes were requested from South
Side Lumber (Rogers), Fullerton Building Center (Buffalo), Midwest Lumber
(Monticello) and Rum River (Anoka). Quotes were received from Fullerton and
Rum River as follows:
Fullerton $1,184.10
Rum River 1,239.40
Fullerton is the apparent low bidder at $1,184.10 for material delivered to the site
including sales tax. As a basis of comparison, the same material purchased by the
City from Jackson Landscape Supply (Wholesalers) but not delivered would be
$1,258.56. Our recommendation is to award the contract to Fullerton for these
materials.
GRADING
The Elk River Star News did not print the original Bid Ad faxed by the City for bids
to be received 5/8. As a result, a new advertisement was placed for bids to be
received 5/22/95. It is our recommendation that these bids go immediately to City
Council for consideration and award so that the grading could be completed in
June.
SUMMARY OF RECOMMENDED PARK AWARDS 5/9/95
Play Equipment $17,019.00
Resilient Surfacing 4,014.00
Timbers/Hdwe 1.184.10
$22,217.10
An additional cost will be concrete for footings est. @ approx. 15 CY.
File: ot708.sum
OTSEGO PARKS AND RECREATION COMMISSION
PARK DEDICATION FEES
MEETING 5/9/95
The Parks Commission has previously discussed the need to generate more
revenue for parks development. One of the primary tools for communities to
develop a park system is through dedication requirements as part of the
subdivision process. Typically, this requires a percentage of the gross area being
subdivided or a cash in lieu of land donation.
CURRENT DEDICATION REQUIREMENTS
The attached excerpt from Otsego's subdivision ordinance includes the following
requirements:
10% of land or 5350/lot + 550/lot for trail development in the Urban
Service Area.
10% of land or $175/lot + 525/lot for trail development in the Rural Service
Area.
ISSUES and CONCERNS
Several concerns have been raised or need to be reviewed with respect to the
existing ordinance including:
• Are the dedication requirements adequate and equitable?
• Otsego is at a significant competitive disadvantage to other
surrounding communities as long as it has no sewer or water.
Competing for development (and expanded tax base) may be difficult
for many years to come.
• Is the cash in lieu of requirement commensurate with land donations?
• Why is the land requirement the same in both rural and urban service
areas yet the cash in lieu of is significantly reduced in the rural
service area?
• Should the cash donation be higher in commercial or industrial areas
than residential? Can this be justified on the basis of larger lots,
higher traffic generation, desire to have multi -modal transportation
system, higher land values and other factors?
• How does the City's fee structure compare with other cities?
• Does solely increasing park dedication fees place a disproportionate
burden on new arrivals to develop a system serving the entire City?
• Does it make sense to charge a lower trail development fee in the
rural area where trail development per lot is more expensive than in
urban areas where lots are smaller, local streets serve as alternatives;
and traffic is generally at slower speeds?
BACKGROUND
Excerpts from the City's Comprehensive Plan indicate that the City desires to
develop a multi -modal system to serve the community particularly including
commercial areas. Adopted policy statements further indicate that new
development shall contribute to development costs.
In 1994 a survey of neighboring communities' park dedication requirements was
conducted by NAC for Frankfort Township. The results of that survey are
attached. We have summarized the information on the first summary sheet. The
survey indicates that most communities do extend park dedication requirements to
include commercial and industrial property.
PARK FEES (CASH IN LIEU OF)
The following provides property values, minimum lot size and park fees associated
with various zoning classifications. The Wright Co. Assessor's Office and
Darkenwald Real Estate were contacted to arrive at estimated land values. The
County Assessor's office bases the value of land on the existing use without
improvements at 52,200/acre. (Some land has gone for 55,000/acre in recent
transactions). No distinction is made for different zoning classifications.
ZONING DESIGNATION
R-1, R-2 Urban low density Residential
R-3 Urban low -medium density Residential
A-1, A-2* Rural Residential
B-2,3 Commercial
----- Industrial (None in City)
* A-1 density 1/40 acres, A-2 density 4/40 acres
As the ordinance is currently structured, park dedication fees are less than 10% of
fair market value for R-1, R-2 and A-1, and A-2 residential classifications (all low
density). Based on minimum lot size at current land values, R-3 and commercial
properties are above 10% of fair market value. If the lots are larger than 1 .6
acres, however, the current fee is lower than 10% of fair market value.
This comparison should change dramatically as the value of land in Otsego
increases. In almost every instance commercial property would be significantly
higher in value than residential property.
TRAILS
The average lot width in the urban service area is 160'-200' while lots in the rural
service area generally are 10 acres plus with 330' or more of road frontage.
The average costs for trail development applied to typical lots are as follows:
Bike Lane/Trail
Urban 160' lot @ $13.00/LF* $2,080
Urban 200' lot @ 513.00/LF* $2,600
Rural 330' lot @ 513.00/LF* $4,290
* May vary dependent on shoulder construction, grading, right-of-way acquisition,
etc.
The City's requirement of 550/lot in the urban area and 525/lot in the rural area is
clearly too low to fund a trail system in a substantive way unless major outside
funding (MSA, ISTEA or street assessments) is used.
Park
Fee
Min. Lot
@ 10%
Current
Size
FMV
Fee
2.5 A
$550
$350
1A
$220
$350
1A
$220
$175
1A
-----
$220
------
$350
------
As the ordinance is currently structured, park dedication fees are less than 10% of
fair market value for R-1, R-2 and A-1, and A-2 residential classifications (all low
density). Based on minimum lot size at current land values, R-3 and commercial
properties are above 10% of fair market value. If the lots are larger than 1 .6
acres, however, the current fee is lower than 10% of fair market value.
This comparison should change dramatically as the value of land in Otsego
increases. In almost every instance commercial property would be significantly
higher in value than residential property.
TRAILS
The average lot width in the urban service area is 160'-200' while lots in the rural
service area generally are 10 acres plus with 330' or more of road frontage.
The average costs for trail development applied to typical lots are as follows:
Bike Lane/Trail
Urban 160' lot @ $13.00/LF* $2,080
Urban 200' lot @ 513.00/LF* $2,600
Rural 330' lot @ 513.00/LF* $4,290
* May vary dependent on shoulder construction, grading, right-of-way acquisition,
etc.
The City's requirement of 550/lot in the urban area and 525/lot in the rural area is
clearly too low to fund a trail system in a substantive way unless major outside
funding (MSA, ISTEA or street assessments) is used.
COMMISSION ACTION
The Commission should review each of the issues, make recommend -changes, and
develop the supporting background for council consideration. Among the changes
which might be considered are:
Change park dedication in rural areas so that land and cash in lieu of
are commensurate.
• Base the cash in lieu of payment on fair market value (FMV) of land
instead of simply a set fee. Alternatively base it on FMV or set fee,
whichever is higher.
• Trail fee structure in urban vs. rural area.
File: ot703.ltr
Z_,(e2T"r fit'a�! aTi�G o
SuB -.Did/a✓641 ,PSG 5
21-7-17: PROTECTED AREAS: Where land proposed for subdivision
is deemed environmentally sensitive by the City, due
to the existence of wetlands, drainageways,
watercourses, floodable areas, vegetation, or steep
slopes, the design of said subdivision shall clearly
reflect all necessary measures of protection to ensure
against adverse environmental impact.
Based upon the necessity to control and maintain
certain sensitive areas, the City shall determine
whether said protection will be accomplished through
lot enlargement and redesign or dedication of those
sensitive areas in the form of outlots.
In general, measures of protection shall include design
solutions which allow for construction and grading
involving a minimum of alteration to sensitive areas.
Where these areas are to be incorporated into lots
within the proposed subdivision, the applicant shall be
required to demonstrate that the proposed design will
not require construction on slopes over eighteen (18)
percent, or result in significant alteration to the
natural drainage system such that adverse impacts
cannot be contained within the plat boundary.
21-7-18: PUBLIC SITES AND OPEN SPACES (PARK LAND DEDICATION):
A. As a prerequisite to final plat approval, and at the
sole determination by the City, applicants and or
developers shaii Eedicate iancl tor parks, playgrounds,
public open spaces or trails and/or shall make a cash
contribution to the City's Park and Multi -Purpose Trail
Funds as provided by this Section. The requirement may
be a combination of land and cash as determined by the
City Council.
B. Land to be dedicated shall be reasonably suitable for
its intended use as determined by the City and shall be
at a location convenient to the public to be served.
Factors used in evaluating the adequacy of proposed
park and recreation areas shall include size, shape,
topography, geology, hydrology, tree cover, access and
location.
C. The applicant shall confer with City Staff —arid the
Parks and Recreation Advisory Committee at the time t�
preliminary plat is under consideration, to secure a
recommenclation as to the location of any property tnat
should be dedicated to the public, such as parks,
playgrounds or other public property. The preliminary
plat shall show the location and dimensions of all
areas to be dedicated in this manner. Such
5�
contribution requirement recommendation(s) will be sent
to the Planning Commission for review and comment and
subsequently to the City Council for their approval.
D. When a proposed park, playground, recreational area, or
other public ground has been indicated in the City's
official map or Comprehensive Plan and is located in
whole or in part within a proposed plat, it shall be
dedicated to the appropriate governmental unit. If the
applicant elects not to dedicate an area in excess of
the land required hereunder for a proposed public site
that the City feels is in the public interest to
acquire, the City may consider acquiring the excess
land through purchase or condemnation.
E. Land area conveyed or dedicated to the City shall. not
be used in calculating density requirements of the City
Zoning Ordinance and shall be in addition to and not in
lieu of open space requirements for planned unit
developments.
F. 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.
G. The City, upon consideration of the particular type of
development, may require lesser parcels of land to be
dedicated if the City determines that present or future
residents would require greater or lesser land for park
and recreational purposes. In such cases, a cash
contribution shall be required to compensate for the
reduced land dedication.
H. In all new subdivisions, ten 10percent of the rosy
area subdivided, or a difTerent percentage as the City
Council shall determine to be reasonably necessary as a
result of the subdivision approval, shall be dedicated
for public recreation space or other public use as
established by Cit Council reso ution. The dedicated
percent ot the gross area su ivi ed shall be in
addition to property dedicated for streets, alleys,
easements, or other public ways. No areas may be
dedicated for public use until such areas have been
approved by the City Council as suitable and necessary
for the health, safety, convenience and general
welfare of the City.
I. When, in the opinion of the City and its sole
discretion, it is impractical or inappropriate for a
subdivision to make,a dedication of land for public
use, or if no land in the subdivision is suitable for
53
such use, the applicant shall be required to pay a cash
donation for the City's park system of three hundred
fifty(350) dollars for each lot or dwelling unit when
the subdivision is locate wiT5in the Urban Service
Area of the City, or one hundred seventy-five 175)
do Tars for each lot or dwelling unit when the
subdivision is located within the Rural Servic
E e City.
J. All land proposed for trail and/or bikeway dedication
S ffarl ne subject O tne recommenclations or the ParKs
and Recreation Advisory Board and the approval of the
City Council. Such lands must also correspond and
conform with the City's bikeway plan.
K. In lieu of a trail land donation, the City at its sole
discretion may require a cash donation for the City's
bikeway plan of f if t o -liars tor each o or
we i.n unit when the subdivision is located within
the Urban Service Area o t e City or twenty- ive
dollars For each of or dweiiing unit w en tne
subdivision is located witFlin trie Rurai bervice Area o
the City.
L. The City may elect at its sole discretion to receive a
combination of cash, land, and development of the land
for park use. The potential cash donation generated by
the dedicated land and/or the value of the development
of land shall be calculated. That amount shall be
subtracted from the cash contribution required by the
Subsection I above.
M. Planned unit developments with mixed land uses shall
make cash and/or land contributions in accordance with
this Section based upon the percentage of land devoted
to the various uses.
N. Park cash contributions are to be calculated and
established at the time of final plat approval. The
Council may require the payment at the time of final
plat approval or at a later time under terms agreed
upon in the development agreement. Delayed payment may
include interest at a rate set by the City.
0. Cash contributions for parks and trails shall be
deposited in either the City's Park Fund or multi-
purpose trail fund and shall only be used for park
acquisition or development, and trail acquisition or
development as determined by the City. Additionally,
said funds may be utilized anywhere within the City
park and trail systems.
54
C
P. Wetlands, ponding areas, and drainageways accepted by
the City may not be considered in the park land and/or
cash contribution to the City.
Q. 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 land dedication and/or park cash
contributions shall be based on the additional lots and
on the additional land being added to the plat. If the
additional land does not create additional lots, then
each one-third (1/3) acre added shall be considered a
new lot for purposes of calculating the dedication
requirements.
R. When land is dedicated and deeded to the City for park
purposes, it shall be the responsibility of the City to
maintain such dedicated property.
S. Land dedication to the City shall be in the form of
lots or outlots with approved lot and block numbers.
21-7-19: DEDICATION OF STORM WATER HOLDING AREAS OR PONDS: Upon
approval by the City Council, the applicant may be
_X required to dedicate to the public up to five (5)
percent of the land proposed to be subdivided for storm
water holding areas or ponds. The five (5) percent
dedication shall not be considered part of the
dedication for parks and recreation purposes or
trail/bikeway purposes.
21-7-20: MAINTENANCE OF PRIVATE OPEN SPACE: Operating and
Maintenance Requirements for Residential Subdivision
Private Open Space Facilities.
In the event certain land areas or structures are
provided within the subdivision for private
recreational use or as service facilities, the owner of
such land and buildings shall enter into an agreement
with the City to assure the continued operation and
maintenance to a predetermined reasonable standard.
These common areas may be placed under the ownership of
one of the following depending upon which is most
appropriate:
A. Dedicated to public where a community -wide use would be
anticipated;
B. Applicant's ownership and control.; or
55
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2.
Parking facilities shall be developed so as to conserve
land, promote joint use and minimize conflicts with
vehicular, pedestrian and bicycle traffic.
3.
Parking lot access to public streets shall be limited to the
functional minimum.
4.
Parking shall be designed in functional clusters avoiding
irregular and inefficient lots.
5.
Park and ride facilities shall be pursued in the upgrade of
Highway 101.
Pedestrian/Bicycle
1.
Pedestrians and bicyclists shall be afforded rights-of-way
separated from motorized traffic at a minimum along arterial
and higher classified streets. When physically an or
economically feasible and in compliance with State law,
pedestrian and bicycle traffic shall be separated.
2.
Adequate lighting and outdoor furniture shall be provided in
all urbanized areas of heavy pedestrian movement.
3.
Pedestrian street crossings on heavily travelled streets
shall be clearly marked and lighted.
4. Priority shall be given to the establishment of pedestrian
and bicycle facilities in areas in and surrounding churches,
parks, isolated neighborhoods, and commercial development.
5. Streets designated as major arterials shall be designed to
prevent unregulated pedestrian and bicycle crossings and
protect pedestrian and bicycle movement paralleling traffic.
6. When financially feasible, facilities for pedestrians and
bicyclists shall be provided in conjunction with street
improvement projects.
7. When possible, bicyclists shall be provided a right-of-way
separated from both pedestrian and vehicular traffic.
8. New development shall be encouraged to respect the
pedestrian bicyc e system and where possible to contribute
to the rights-of-way and development costs.
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Local Street
62nd ST
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Otsego,
Minnesota
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Future Streets
Major Intersection/Interchange PREPARED BY:
Note: Plan assumes an ultimate
development scenario and should �orthwest
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�E2nd ST CITY OF
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L
Oth ST
Future Streets
Major Intersection/Interchange PREPARED BY:
Note: Plan assumes an ultimate
development scenario and should �orthwest
T�r ,, 1_ 1 _ . r _ _ ._ Associated
Governmental Buildings, Facilities and Services
1. Cooperation and coordination between governmental units
shall be promoted and encouraged in the provision of public
facilities and services.
2. The full utilization of investments in public facilities and
services shall be achieved prior to making new public
investments.
3. Public facilities and services shall be located and
centralized so as to offer ease of access and minimal
response time. The facilities shall be readily accessible
to both the existing and planned street system. These
facilities shall also be designed.. to enhance community
identity and recognition.
4. All public facilities shall be developed, improved and
maintained according to the highest adopted standards of
design and performance to serve as examples for private
development. Public facilities shall present a positive
aesthetic expression and strive to create a source of
community pride.
5. Design and maintain all public buildings to be resistant to
personal and property crime opportunity while maximizing
public and City usability.
6. Those areas, places, buildings, structures and other
features having significant architectural, historical,
community or aesthetic interests and values shall be
preserved to the extent possible.
7. All public facilities shall be located where the proposed
use is compatible with the existing and proposed land use of
the area.
8. Public facilities shall be developed upon sites which offer
ample land area for any necessary expansion.
9. Potential public facility sites shall be evaluated for their
compatibility to the City's sanitary sewer plan.
10. The displacement and relocation of residents resulting from
the development service facility shall be discouraged.
Parks and Open Space
1. The needs and possible opportunities for a local park and
recreation system shall be evaluated and a program for long
range development shall be implemented.
2. Otsego shall work cooperatively with the County and State
governments on the provisions of park, recreation and trail
facilities.
3. Park and recreational facilities shall be utilized to
promote community identity and recognition.
4. Recreation open space improvements in accordance with a
Capital Improvement Program shall be programmed and updated
on an annual basis.
ADMINISTRATION
Goals
1. Ensure that all development and/or redevelopment that occurs
in the community is in accordance with the Comprehensive
Plan, however, amend the Comprehensive Plan and related
ordinances as necessary to reflect changing community needs
and priorities.
2. Pursue means and measures to provide more local control and
a direct response to development proposals and on-going
community needs and problems.
3. To the extent possible, allocate administrative and
improvement costs to those generating the demand or
utilizing the service.
Policies
1. The Otsego Comprehensive Plan shall be evaluated on an
annual basis. The plan shall be expanded .and updated when
such action is approved by the City.
2. Codes addressing zoning, subdivision, building, and
building/ property maintenance shall be locally established
and enforced.
3. A program for the transition of local responsibility of
duties from the County to the community shall be formulated
and implemented in cooperation with Wright County.
4. An application, fee, and processing procedure and system
shall be established which assigns financial cost of any and
all related project consideration to the applicant.
5. An impact fee system covering all possible concerns shall
be established and required of new development projects.
Communities with No Park Dedication Requirements on Commercial/
Industrial:
Annandale
Hanover
Maple Lake
Monticello
Communities with Park Dedication on Commercial/Industrial Treated
Differently than Residential
Commercial
Champlin 7.5% of land area or
7.5% of FMV ($90,000 Ac)
Elk River $1, 500/Ac w/sewer & water
$1,000/Ac w/out sewer & water
Rockford 10% of land or 10% of estimated
value/acre
Rogers 5% of land value based on
$18,000/Ac; 5% gross land area
Industrial
Same as commercial
None
Same as commercial
5% of land value
based on $14,000/Ac
Communities with Same Dedication Requirements for Residuetial/
Commercial/ Industrial
Delano 10% of land or cash equivalent
Medina 10% of land or FMV
Otsego 10% of land or $350/lot (urban), $175 (rural)
St. Michael As determined by City Council
Frankfort $450/lot
*Based on 1/94 survey done for Frankfort Township compiled by NAC.
* In all subdivisions, 5 foot sidewalks or 8 foot
trails may be required as deemed necessary by
the City
* No wetlands or ponding areas
Elk River
Residential: $350/lot or dwelling unit
Commercial: $1,500/ac with sewer & water
$1,000/ac without sewer and water
Industrial: None
Hanover
Residential: $250 per lot
1 acre per 75 people @ 3 persons per unit
Commercial/
Industrial: None
Maple Lake
Residential: R-1 zoning @ 70 of land or fair market value
R-2 & R-3 zoning @ 10v of land or fair market value
Commercial/
Industrial: None
Medina
Residential/
Commercial/ 10% of total land area or fair market value as
Industrial: determined by the City Council
Monticello
Residential: 100 of total land area
100 of the developers purchase price of the land
unless otherwise specified by the Park Board & City
Council
* Land dedications must have two or more sides
along a public roadway
* No powerline easements may cross property
* No wetlands in place of required land
* Park dedication credit is given for
construction of City -designated trails as
specified in their plan
immercial/
Industrial: None
As a means of evaluating the adequacy of park dedication
requirements in Frankfort Township, a study was completed in
January of 1994 which provides an inventory of park dedication fees
for communities in the Wright and western Hennepin County areas.
Additionally, some comparative research was done for the City of
Buffalo which looked into the benefit of land dedications over fees
by estimating typical developer costs, land values, and improved
single family lot prices. (Current park dedication fees in Buffalo
appear to be on the low side which makes it more economical for
developers to pay a cash contribution rather than donate land.)
This information directly applies to Frankfort Township and should
be helpful in making a determination as to whether or not changes
are desired from Frankfort's current park dedication requirements.
Park Dedication Fee Inventory
Albertville
Residential: 501 of gross land area for subdivisions with less
than 9 dwelling units per acre
51,49k of gross land area for subdivisions with 9 or
more dwelling units per acre plus an additional 340
for each dwelling unit over 9
$170 per dwelling unit or lot
Commercial/
Industrial: 50 of total land area
5a of the fair market value as if zoned in the
classification requested by the developer
Annandale No Dedication Requirements
Champlin
Residential: 10a of total land area (single or multiple family)
100 of fair market value ($15,000/ac single family)
($45,000'/ac mult. family)
Commercial/
Industrial: 734 of total land area
734. of fair market value ($90, 000/ac)
Delano
�sidential/ 100 of the gross lard area or a cash dedication
immercial/ equivalent to the fair market value of the land area
Industrial: required
r) 47 o
;idential/ l0a of the gross land area
Commercial/
Industrial: $350/lot or dwelling unit for subdivisions within
the urban service area
$175/lot or dwelling unit for subdivisions within
the rural service area
Trailway dedication is required to either be
constructed by the developer at the City's
discretion or the developer must provide a cash
contribution of $50/lot in the urban service area or
$25/lot in the rural service area
* No wetlands in place of required land
Rockford
Residential: Land dedications are as follows:
Up to 3 uni ,:.r, /acre : 8 a
Less than 5 units/acre: 10%
Less than 10 units/acre: 140
10 or more units/acre: 180
Cash contributions are calculated using the average
value per acre of land based on records
County Assessor for the current tax year multiplied
by the percentage corresponding to the net densities
listed above multiplied by the net site area of the
development
Commercial/
Industrial: 10% of the total land area or l00 of the estimated
value pe.r acre of undeveloped land zoned for the
same use when multipled by the gross site area
* No drainageways, floodplain or ponding areas
* If developers provide other recreational
amenities such as swimming pools, tennis
courts, etc. within the development, the
required amount of land to be dedicated may be
reduced by up to 200
Rogers gross land area
Residential: $350/unit or 7340 of g
-ommercial/c o/A)
idustrial: 51; of land value (based on $18, 00/ac for commercial
and $14, 000/ac for industrial���
J
5%- gross land area
t
St. Michael
Residential/
Land, cash, or a combination
thereof
as determined
Commercial/
on a case by
case basis by the City
Council
Industrial:
* In all
areas trails
must be
constructed
according to the City's
Plan at
8 feet wide on
outlots
not less than
20 feet
in width and
provide
for handicapped
access
It should be noted that the majority of cities require that
satisfaction of park dedication regirements occur at the time of
final plat approval and/or prior to the city's release of the plat
for filing at the County.
Developer Cost Analysis
Land Costs
Contact was made with several realtors in the Buffalo area to get
an idea of the price at which raw land is currently selling. It
was determined that on average, tracts of land greater than about
10 acres have been selling for between $5,000 and $6,000 per acre.
Land Preparation/Improvement Costs
'wo recent subdivisions in the City were utilized to get an idea of
the costs incurred by developers to do site grading, clearing,
utility installation, and street construction. The Rem -Con golf
course area utilized city -installed improvements, while Pulaski
Ponds completed the improvements privately.
Rem -Con Golf Course:
Estimated Land Costs of $5,500/ac x 37.1 acres = $204,050
Improvement Costs' of $11,000/lot x 107 lots = $1,177,000
Total Costs20f $1,381,050 _ 107 lots = $12,907/lot
Pulaski Ponds (1st Phase):
Estimated Land Costs of $5,500/ac x 23 acres = $126,500
Improvement Costs' of $9,651/lot x 43 lots = $415,000
Total Costs2 of $541,500 _ 43 lots = $12,593/lot
' Improvement Costs include clearing, grubbing, grading,
installation of utilities, and street construction.
2 Total Costs are not inclusive of application fees, plan
drawings, legal/technical assistance, etc. but only -
include the raw land and improvement costs outlined
above.
William S. Radzwill
indrew J. MacArthur
Michael C. Couti
May 3, 1995
RADZWILL LAW OFFICE
Attorneys at Law
705 Central Avenue East
PO Bax 369
St. Michael, MN 55376
(612) 497-1930
(612) 497-2599 (FAX)
City Council Members
Planning Commission Members
Parks and Recreation Commission Members
City of Otsego
c/o Elaine Beatty, City Clerk
8899 Nashua Avenue NE
Elk River, MN
RE: Proposed Changes In Subdivision Ordinance Relative To Park And
Trail Dedication And Fees In Lieu Of Dedication
Dear Members:
The City Council had previously asked me to look at possible
revisions in the Subdivision Ordinance related to Park and Trail
Dedication and Fees In Lieu of Dedication. At the last City Council
meeting the Park and Recreation Commission also brought up the
possibility of looking at possibly raising the money amount of
current Park and Trail dedication fees. I am in this letter
presenting my recommendations for changes in the language of
Section 21-7-18 of the Subdivision Ordinance. If the Council wishes
to amend this section of the ordinance it would be most prudent to
consider the issue of possibly changing the park and trail fees at
the same time.
As you will recall, the purpose of making changes in the ordinance
was to assure compliance with recent United States Supreme Court
and Minnesota decisions which have indicated that municipalities
are now held legally to a higher standard in relating any exactions
upon approval of a land use to the actual affect that the approved
land use change will have on the City and City services. In other
words, there now must be a stronger correlation between the amount
of money or land requested for park and trail dedication to the
actual impact that a specific project will have on the City park
and trail system.
Obviously, any increase in the number of residents will have an
affect on the use of park and trail lands. To determine what, if
any, difference there would be between different kinds of
developments would be difficult. The proposed changes in the
ordinance which I have drafted are based upon the premise that a
Letter to Otsego Officials
May 3, 1995
Page 2
specific amount per lot for park and trail fees, or a specific
portion of a developed property represents the city's best estimate
of the affect of that development on the city's park and trail
systems, but allows the possibility that these figures may not
always represent the actual affect. Thus, the Developer is
presented with the alternative of funding a study, which is subject
to City approval, to set forth the actual effect on the system
caused by the development which would then be reviewed by City
staff and an appropriate recommendation would be made to the
Council in light of that study.
My review of the NAC memo related to park and trail fees for other
cities indicates that the majority of those cities have made a
distinction between the necessary land contribution or fees for a
residential development as compared with the amounts required for
a commercial/ industrial development. I believe that the City should
look at this matter to see if Otsego would desire such a
distinction in the city ordinance. It would appear that most cities
are receiving more funds than is Otsego for commercial/industrial
developments. I would note that, based on the rationale of the
Dolan case, that fees for park and trail dedication as they relate
to a commercial or industrial development may be more problematic
than those fees related to residential subdivisions, depending upon
the nature of the business being established.
Following are my proposed changes to 21-7-18 of the Subdivision
Ordinance:
"A. As a prerequisite to final plat approval, and at the sole
discretion of the City, applicants and/or developers shall dedicate
land for parks, playgrounds, public open spaces or trails and/or
shall make a cash contribution to the City's Park and Multi -Purpose
Trail Funds roughly related to the anticipated affect of the plat
on the park and trail system. The amounts listed in this section
are the City's best estimate of the dedication or cash contribution
needed to offset the effect on those systems. The requirement may
also be met with a combination of land and cash if approved by the
City Council.
G. The City, upon consideration of the particular type of
development, may determine that a lesser parcel of land should be
dedicated due to particular features of the development. In such
cases, a cash contribution shall be required above the land
dedication to insure that compensation is received for the full
amount of the impact on the City's park and trail system.
I. when, in the opinion of the City -and at its sole discretion, it
is impractical or inappropriate for a subdivision to make a
dedication of land for public use, or if no land in the subdivision
is suitable for such use, the applicant shall instead be required
Letter to Otsego Officials
May 3, 1995
Page 3
to make a cash donation related to the affect of the subdivision on
the park system which the City has determined to be in the amount
of three hundred fifty ($350.00) dollars for each lot or dwelling
unit for lots located within the Urban Service Area of the City, or
one hundred seventy five ($175.00) dollars for each lot or dwelling
unit when the subdivision is located within the Rural Service Area
of the City.
K. In lieu of a trail land donation, the City at its sole
discretion may require a cash donation related to the affect of the
subdivision on the city wide trail system which the City has
determined to be in the amount of fifty ($50.00) dollars for each
lot or dwelling unit when the subdivision is located within the
Urban Service Area of the City or twenty five ($25.00) dollars for
each lot or dwelling unit when the subdivision is located within
the Rural Service Area of the City.
T. If the applicant or Developer does not believe that the
estimates contained in this section fairly and accurately represent
the affect of the subdivision on the park or trail system of the
City, the applicant or Developer may, at their own expense, provide
the City with an in depth study of the affect of the subdivision on
the park and trail system and an estimate of that affect in money
and/or land. Said study shall be provided to city staff for their
review and recommendation. All costs of such review shall be borne
by the developer or applicant submitting the study. If the
Developer or applicant chooses to submit such a study, no
application for development submitted shall be deemed complete
until the study as been submitted and reviewed and staff have made
recommendations as to the appropriate amount of land or money
necessary to offset the affects of the subdivision."
Prior to making any amendment to the Ordinance I think it would be
advisable to have the Parks and Recreation Commission review the
matter and make recommendations to the City Council as to these
proposed changes, the present fee structure, and the possibility of
differentiating fees for residential and commercial/industrial. I
would note that present case law indicates that 10% is the upper
allowable limit of what land area can be required for dedication.
Letter to Otsego Officials
May 3, 1995
Page 4
If you have any further questions or concerns please feel free to
contact me.
Very truly yours,
Andrew MacArthur
RADZWILL LAW OFFICE
cc: Bob Kirmis, NAC
Merland Otto, Larry Koshak, Hakanson-Anderson