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7/24-7/28/2006 Meetings for the week of July 24th- July 28th Page 1 of 1 The City of Saint Paul likt MUM Meetings for the Week of July 24th, thru July 28th, 2006 MONDAY - July 24th No Meetings Scheduled TUESDAY- July 25th *Ramsey County Board Meeting 9:00 AM Council Chambers, City Hall Legislative Hearing 10:00 AM Room 330, City Hall Port Authority 2:00 PM 1900 Landmark Towers, 345 St. Peter Street WEDNESDAY - July 26th *Housing& Redevelopment 2:00 PM Council Chambers, City Hall Authority *City Council --- see Agenda 3:30 PM Council Chambers, City Hall THURSDAY - July 27th No Meetings Scheduled FRIDAY - July 28th Planning Commission 8:30 AM Room 40, City Hall *Cablecast live and repeated on Saint Paul Channel 18. Interpreter service for the hearing impaired will be provided at public meetings upon request. Request can be made by calling(651)266-8509(Voice and TDD)Monday thru Friday, 8:00 A.M. to 4:30 P.M.A minimum of two days notice is required. For more information on any of these meetings,you can send Email to: citizen.service@ci.stpaul.mn.us, or call the Saint Paul Citizen Service Office at 651-266-8989 1lttYi•//[ini nil ll c,fi ,il rnn lie/A ante/maatinrrc htm1 7/21/2(VIA AGENDA PORT AUTHORITY OF THE CITY OF SAINT PAUL `�G -t� REGULAR BOARD MEETING 0 l G?O 0JULY 25, 2006 moo 2:00 p.m. LOCATION: Board Room, Saint Paul Port Authority,345 St. Peter Street, Saint Paul MINUTES 1. Approval of the Minutes from the June 27,2006 Regular Board Meeting CONFLICT OF INTEREST Conflict of Interest NEW BUSINESS CREDIT COMMITTEE 1. Resolution No.4175 Brownfields Financing 2. Resolution No. 4176 Certification of Tax Levy GENERAL MATTERS 1. Informational Legislative Report 2. Such Other Business that May Come Before the Board 27903.v1 r 4 PLANNING COMMISSIONCr Brian Alton,Chair tIVIATA SAINT • PAUL CITY OF SAINT PAUL 25 West Fourth Street Telephone:651-266-6700 Christopher B. Coleman, Mayor Saint Paul,MN 55102 Facsimile:651-228-3220 0010c poperwo RECE QED SAINT PAUL PLANNING COMMISSION JUC 2 4 2006 NOTICE OF PUBLIC HEARING CITyCLERK Parkland Dedication Ordinance The Saint Paul Planning Commission will hold a public hearing on proposed amendments to Chapter 69, Subdivision Regulations, of the Zoning Code pertaining to parkland dedication requirements. The amendments would require dedication of parkland to the City for platting of land for residential use. Platting is required when a subdivision of land creates 5 or more lots,requires new paved streets or alleys, or is previously unplatted land. The proposed amendments also provide options for payment of cash for parkland acquisition and development, and agreements for development and maintenance of private land for public use open space use, in lieu of land dedication. The hearing will be held before the Planning Commission on: Friday, July 28, 2006 8:30 a.m. City Hall Conference Center, Lower Level, Room 40 15 West Kellogg Boulevard, Saint Paul The hearing record will be kept open and the hearing continued through the Planning Commission meeting on August 11, 2006, for any additional oral or written testimony. All comments concerning the proposed parkland dedication requirements will be heard at this hearing. Comments submitted in writing should be addressed to: Saint Paul Planning Commission 25 West Forth Street, Suite 1400 Saint Paul, MN 55102 or c/o allan.torstenson(cDci.stpaul.mn.us Copies of the proposed amendments are available by calling Allan Torstenson, Senior Planner for Zoning, at 651-266-6579, or by e-mail to allan.torstenson@ci.stpaul.nm.us AA-ADA-EEO EMPLOYER 4 same time as the final plat. [DRAFTING NOTES: MN Stat. 462.358, Subd. 2b(b)(3) states that "in establishing the reasonable portion to be dedicated, the regulations may consider the open space, park, recreational, or common areas and facilities which the applicant proposes to reserve for the subdivision."] (e) Parkland dedication; conveyance standards. Prior to dedication and conveyance of the required property to the City, the owners, subdividers or developers shall provide the City with an acceptable abstract of title or registered property abstract for all land dedicated for park purposes, evidencing good and marketable title without liens or encumbrances of any kind except those encumbrances which the City Council has approved or required in connection with the proposed plat. The foregoing abstracts shall otherwise evidence good and marketable title free and clear of any mortgages, liens, encumbrances, assessments and taxes. For any required dedication of land that is not formally dedicated to the. City with the final plat, the landowner shall record all deeds for conveyance of the property to the City prior to or at the same time as recording the final plat. (f) Parkland dedication;parkland development special fund created. There is hereby established a parkland development special fund. All funds collected pursuant to the parkland dedication process shall be deposited in the parkland development special fund and used solely for the acquisition and development or improvement of lands dedicated for public use for parks, playgrounds, trails, open space, or conservation purposes in close proximity to the subdivision or development. Such funds may not be used for ongoing operations or maintenance. All fund expenditures shall be approved by the City Council upon recommendation of the director of parks and recreation in consultation with the parks and recreation commission. All fund contributions shall be paid as a condition of final City Council plat approval, except, when approved by the City Council, in the case of a development constructed in "phases," funds otherwise required for each construction phase of the development shall be collected prior to obtaining the first building permit for that phase. Payments made to satisfy the requirements of this section shall be made separately from any payments for building permits or any other payment. [DRAFTING NOTES: MN Stat. 462.358, Subd. 2b(b)(2) states that "any cash payment received shall be placed in a special fund by the municipality used only for the purposes for which the money was obtained, and may not be used for ongoing operation or maintenance." MN Stat. 462.358, Subd. 2c, Nexus, states that there must be an essential nexus between the fees or dedication imposed and the need created by the proposed subdivision or development.] Section 2 That Legislative Code § 69.511 and § 69.512 are hereby renumbered as follows: Sec. 69.514.2. Public sites. Where a proposed park, playground, school or other public site is wholly or partly within the boundary of a proposed subdivision and such proposed public site is not dedicated to the city, no action shall be taken towards approval of the preliminary plat for a period not to exceed ninety (90) days to allow the planning commission or board of education the opportunity to consider and to take action towards acquisition of such public site by purchase or other cause. Sec. 69.5133. Monuments. 6/22/06 DRAFT ORDINANCE Sec. 69.511 Page 4 Zoning Code (c) Parkland dedication option; land and/or cash dedication. At the discretion of the City Council, the owners, subdividers, or developers of property subject to this section shall contribute an amount of cash in lieu of all or a portion of the land required under subdivisions. (a) and (b) of this section or an equivalent value of improvements as approved by the City Council. The amount of cash shall be based upon the County Assessor's estimated market value of the total acreage of the plat, at the time of City Council approval of the plat,multiplied by the percentage of the land that would otherwise be dedicated. Not withstanding the dedication formula in subdivision (b) of this section, the maximum amount of cash dedication required under this section shall not exceed three thousand dollars ($3000.00) per dwelling unit. The City Council may review this maximum cash dedication amount on a yearly basis and adjust it for inflation. In determining whether land dedication or cash in lieu thereof will be required, the City Council shall consider without limitation the suitability and adaptability of land within the site for the purposes listed in subdivision (a) of this section and criteria for land dedication in subdivision(a) of this section. [DRAFTING NOTES: Park dedication requirements are based on enabling legislation in. MN Stat. 462.358 Official controls: subdivision regulations; dedication. MN Stat. 462.358, Subd. 2b, Dedication, states that municipal subdivision "regulations may require that a reasonable portion of a proposed subdivision be dedicated to the public or preserved for conservation purposes or for public use as parks, recreational facilities as defined and outlined in section 471.191, playgrounds, trails, wetlands, or open space; provided that (1) the municipality may choose to accept an equivalent amount in cash form the applicant for part or all of the portion required to be dedicated to such public uses or purposes based on the fair market value of the land no later than at the time of final approval"(emphasis added). This provision gives the City Council the option of requiring a cash contribution in lieu of land dedication when land within the site would not be suitable or adaptable for the purposes listed in subdivision (a).] (d) Parkland dedication option• private land maintained for public use. The City Council may, at its discretion, waive all or a portion of the land or cash dedication required under subdivisions (b) or (c) of this section and enter into an agreement for the private development and/or maintenance of land for public use for parks, playgrounds, trails, open space, or conservation purposes within the proposed plat, subject to the following conditions: (1) The land area or value of the land and improvements privately developed and maintained for public use for parks, playgrounds, trails, open space, or conservation purposes must at least equal that required under this ordinance. (2) Land, facilities, and improvements accepted under this provision shall be accessible to the public in a manner similar to public land. (3) The City Council must find, after recommendation of the Director of Parks and Recreation and the Parks Commission, that such land and improvements will serve the purposes listed in subdivision(a) of this section; and • (4) The City and the owners, subdividers, or developers of the land must have executed a parkland development agreement insuring that specified land shall be developed and maintained by the owners, subdividers, or developers, and any and all successors in interest thereof, of any type whatsoever, which includes, but is not limited to heirs and assigns, for the purposes listed in subdivision (a) of this section. The owners, subdividers, or developers must include a covenant running with the specified land indicating that the land to be developed and maintained for the purposes listed in subdivision (a) will revert to the City in the event of a failure to comply with this requirement. When a recordable covenant concerning the ownership, maintenance or use of private areas and facilities for parkland development is required, the covenant shall be submitted to the City for approval. Such covenant shall be recorded prior to or at the 6/22/06 DRAFT ORDINANCE Sec. 69.511 Page 3 Zoning Code [DRAFTING NOTES: Park dedication requirements are based on enabling legislation in MN Stat. 462.358 Official controls: subdivision regulations; dedication. .MN Stat 462.358, Subd. 1 a, Authority, states that a municipality may by ordinance adopt subdivision regulations to facilitate adequate provision for transportation, water, sewage, storm drainage, schools, parks, playgrounds, and other public services and facilities. MN Stat. 462.358, Subd. 2b, Dedication, states that municipal subdivision "regulations may require that a reasonable portion of a proposed subdivision be dedicated to the public or preserved for conservation purposes or for public use as parks, recreational facilities as defined and outlined in section 471.191, playgrounds, trails, wetlands, or open space; provided that . . . (4)the municipality reasonably determines that it will need to acquire that portion of land for the purposes stated in this paragraph as a result of approval of the subdivision." The criteria for land dedication listed here are consistent with the criteria listed in 3, 5, and 16 of the Parks and Recreation Plan chapter of the Saint Paul Comprehensive Plan. Policy 3 of the Parks and Recreation Plan states, "Pursue opportunities and partnerships to acquire land specifically for open space and natural resource protection according to any of the following criteria: a. Areas containing species included on the State of Federal list of endangered or threatened species; b. Areas representing significant landforms, native plant communities, or sensitive habitat; c. Areas that connect existing components of the open space network; and d. Areas adjacent to existing parkland/open space. Policy 5 of the Parks and Recreation Plan states, "Take advantage of opportunities that arise from redevelopment activities to add or enhance the city's open space and natural resources. Priority will be given to opportunities that do not add publicly-owned and developed parkland that will require additional public maintenance or operating expenses." • Policy 16 of the Parks and Recreation Plan states, "Pursue opportunities and joint use partnerships to acquire or provide access to land for parks, open space, or recreation development according to the following criteria: a. Priority will be given to areas that are under-served due to distance to existing parks, population density, or inadequate size and condition of existing nearby park)s); b. Land parcels must be of adequate size to accommodate proposed development; c. Availability and commitment of resources, public and/or private, to develop, operate, and maintain new park facilities; d. Gifts of suitable land will be accepted when resources, public and/or private, are identified to maintain the property;.and e. Conformity with other applicable public policy.] (b) Parkland dedication formula. For platting of land for residential development that will increase the number of dwelling units, the property owners, subdividers or developers shall dedicate 0.008 acres (eight thousandths of an acre) of land per additional dwelling unit within the plat to a maximum of twelve (12)percent of the total acreage of the plat, on a one time basis, for the purposes listed in subdivision (a) of this section. [DRAFTING NOTES: MN Stat. 462.358, Subd. 2b, Dedication, states that municipal subdivision "regulations may require that a reasonable portion of a proposed subdivision be dedicated to the public or preserved for conservation purposes or for public use as parks, recreational facilities. . . playgrounds, trails, wetlands, or open space." For cities in the Metropolitan Area with percent of residential land park dedication requirements, 8% to 10% is the norm, one measure of what is a "reasonable portion." A few are lower (e.g., 6.8% in Arden Hills)and a few are higher. The few that are higher(Hastings, Hopkins, Lino Lakes, Plymouth, St. Louis Park, and Stillwater) have requirements with a range of generally about 9-15% of residential land based on development size and/or density. The 0.008 acres (348 sq. feet) per unit dedication requirement is 6.9% of a standard 5000 sq. foot one-family residential lot. For a duplex, it would be 11.6% of a 6000 sq. foot two-family residential lot. The 12% standard would mean more than 1 block of parkland for every 8 residential blocks, a development pattern in which on average every residential block would be adjacent to at least 1 block of parkland.] 6/22/06 DRAFT ORDINANCE Sec. 69.511 Page 2 Zoning Code An ordinance amending the Saint Paul Legislative Code by creating a new section, Legislative. Code § 69.511, entitled "parkland dedication requirements, residential developments," pertaining to the dedication of land or, in some instances, the payment of cash in lieu of a land dedication, for public use when platting or replatting parcels of land for residential development which will result in an increase in the number of dwelling units, and establishing policies and procedures for these new requirements; and renumbering old Leg. Code § 69.511 and § 69.512. THE COUNCIL OF THE CITY OF SAINT PAUL DOES HEREBY ORDAIN Section 1 That the Saint Paul Legislative Code is hereby amended by adding the following new language to read as follows: Sec. 69.511. Parkland dedication requirements, residential developments. (a) Generally. Pursuant to Minn. Stat. Sec. 462.358, Subd. 2, as amended and as otherwise provided below, for platting of land for residential development that will result in an increase in the number of dwelling units, the owners, subdividers, or developers of the land shall convey to the city or dedicate to the public use a reasonable portion of the land for public use for parks,playgrounds, trails, open space, or conservation purposes. This requirement shall not apply to platting of land that does not increase the overall number of dwelling units. The City Council shall determine the location and configuration of any land dedicated, taking into consideration the suitability and adaptability of the land for its intended purpose, future needs of the proposed development, and following criteria: (1) conformance with the city's adopted comprehensive plan and development or project plans for sub-areas of the city; (2) areas identified for park or conservation purposes in an adopted city, regional, state, or national plan; (3) areas that connect existing components of the open space network; (4) areas adjacent to existing public parks, trails, or open space; (5) areas representing significant landforms, native plant communities, sensitive habitat, or historical events; (6) areas containing vegetation identified as endangered or threatened, or that provide habitat for animals identified as endangered, threatened, or of special concern under 15 U.S.C. 1531 et. seq. or Minn. Stat. $ 84.0895, and rules adopted under these respective laws; (7) availability and commitment of resources, public and/or private, to develop, operate, and maintain the new park land; (8) priority will be given to areas that are under-served by parks due to distance to existing parks,population density, or inadequate size of existing nearby parks; (9) land to be dedicated shall be large enough for its intended purpose; (10) land dedicated solely for roadway, stormwater retention, or utility purposes, or otherwise unsuitable for the purposes listed above, shall not be accepted; (11) dedicated land shall be accessible to the public served unless the City Council determines that the dedicated land is an environmentally or ecologically sensitive area for which public access would be detrimental. 6/22/06 DRAFT ORDINANCE Sec. 69.511 Page 1 Zoning Code JUL-20-2006 16:28 RAMSEY COUNTY MANAGER 651 266 8039 P.02/02 MEETING NOTICE BOARD OF RAMSEY COUNTY COMMISSIONERS 15 W. KELLOGG BLVD., ST. PAUL, MN 55102 651 266-8350 - •MSEY COUNTY Monday,July 24, 2006 Tuesday, July 25, 2006 9:00 a.m. County Board Meeting Council Chambers, Third Floor Court House immediately following County Board Executive Session RE: Potential Litigation **CLOSED TO PUBLIC** Room 220 Court House, Large Conference Room 12:00 Noon Luncheon with Ramsey County Historical Society Board Gibbs Museum, 2097 Larpenteur Avenue West, Saint Paul, MN 55113 1:45 p.m. Regional Rail Authority Work Session Roseville City Hall, Willow Room 2660 Civic Center Drive Wednesday, July 26, 2006 9:00 a.m. Metropolitan Mosquito Control District-Executive Committee Meeting 2099 W. University Avenue, St. Paul 10:30 a.m. Solid Waste Management Coordinating Board Meeting 2099 W. University Avenue, St. Paul • Thursday, July 272006 6:00 p.m. Small Business Enterprise Advisory Committee Little Canada City Hall, 515 E. Little Canada Road Friday, July 28, 2006 8:00 a.m. Extension Committee 2020 White Bear Avenue, Maplewood Advance Notice August 1, 2006 - 9:00 a.m. County Board Meeting-Council Chambers August 8, 2006 - No County Board Meeting August 15, 2006 - No County Board Meeting August 22, 2006 - 9:00 a.m. County Board Meeting - Council Chambers August 29, 2006 - No County Board Meeting TOTAL P.02 MEETING NOTICE BOARD OF RAMSEY COUNTY COMMISSIONERS 15 W. KELLOGG BLVD., ST. PAUL, MN 55102 MSEY COUNTY 651 266-8350 Monday, July 24, 2006 Tuesday, July 25, 2006 9:00 a.m. County Board Meeting Council Chambers, Third Floor Court House Immediately following County Board Executive Session RE: Potential Litigation **CLOSED TO PUBLIC** Room 220 Court House, Large Conference Room 12:00 Noon Luncheon with Ramsey County Historical Society Board Gibbs Museum, 2097 LarpenteurAvenue West, Saint Paul, MN 55113 1:45 p.m. Regional Rail Authority Work Session Roseville City Hall, Willow Room 2660 Civic Center Drive Wednesday, July 26, 2006 9:00 a.m. Metropolitan Mosquito Control District—Executive Committee Meeting 2099 W. University Avenue, St. Paul 10:30 a.m. Solid Waste Management Coordinating Board Meeting 2099 W. University Avenue, St. Paul Thursday, July 27, 2006 6:00 p.m. Small Business Enterprise Advisory Committee Little Canada City Hall, 515 E. Little Canada Road Friday, July 28, 2006 8:00 a.m. Extension Committee 2020 White Bear Avenue, Maplewood Advance Notice August 1, 2006 - 9:00 a.m. County Board Meeting—Council Chambers August 8, 2006 - No County Board Meeting August 15, 2006 - No County Board Meeting August 22, 2006 - 9:00 a.m. County Board Meeting —Council Chambers August 29, 2006 - No County Board Meeting June 30, 2006 NOTICE 9FcFi ✓04/ CFO C/j.Y0 o PORT AUTHORITY OF THE CITY OF SAINT PAUL REGULAR BOARD MEETING July 25, 2006 Chair Michael Goldner is calling the regular board meeting to be held on Tuesday, July 25, 2006 at 2:00 p.m. in the Board Room of the Saint Paul Port Authority, 1900 Landmark Towers, 345 St. Peter Street, Saint Paul, Minnesota 55102. Kenneth R. Johnson President las cc: The Port Authority Commissioners Mayor Chris Coleman City Council Terrence J. Garvey Briggs & Morgan Leonard, Street and Deinard Representatives of the Press Shari Moore, City Clerk Cecile Bedor, Director of PED St. Paul Area Chamber of Commerce Midway Area Chamber of Commerce Pig's Eye Coalition John Choi, City Attorney Members of the Ramsey County Delegation 34923.v1 i : PLANNING COMMISSION Brian Alton,Ch¢ir 3p, SAINT.�� . PA U L CITY OF SAINT PAUL 25 West Fourth Street Telephone:651-266-6700 Christopher B. Coleman, Mayor Saint Paul,MN 55102 Facsimile:651-228-3220 Allor AAA*, RECFsvEt SAINT PAUL PLANNING COMMISSION JUL 2 0 Zp0 NOTICE OF PUBLIC HEARING C/TyCt 6 ERK Parkland Dedication Ordinance The Saint Paul Planning Commission will hold a public hearing on proposed amendments to Chapter 69, Subdivision Regulations, of the Zoning Code pertaining to parkland dedication requirements. The amendments would require dedication of parkland to the City for platting of land for residential use. Platting is required when a subdivision of land creates 5 or more lots, requires new paved streets or alleys, or is previously unplatted land. The proposed amendments also provide options for payment of cash for parkland acquisition and development, and agreements for development and maintenance of private land for public use open space use, in lieu of land dedication. The hearing will be held before the Planning Commission on: Friday, July 28, 2006 8:30 a.m. City Hall Conference Center, Lower Level, Room 40 15 West Kellogg Boulevard, Saint Paul The hearing record will be kept open and the hearing continued through the Planning Commission meeting on August 11, 2006, for any additional oral or written testimony. All comments concerning the proposed parkland dedication requirements will be heard at this hearing. Comments submitted in writing should be addressed to: Saint Paul Planning Commission 25 West Forth Street, Suite 1400 Saint Paul, MN 55102 or c/o allan.torstenson a,ci.stpaul.mn.us Copies of the proposed amendments are available by calling Allan Torstenson, Senior Planner for Zoning, at 651-266-6579, or by e-mail to allan.torstenson(a ci.stpaul.nm.us AA-ADA-EEO EMPLOYER same time as the final plat. [DRAFTING NOTES: MN Stat. 462.358, Subd. 2b(b)(3) states that "in establishing the reasonable portion to be dedicated, the regulations may consider the open space, park, recreational, or common areas and facilities which the applicant proposes to reserve for the subdivision."] (e) Parkland dedication; conveyance standards. Prior to dedication and conveyance of the required property to the City, the owners, subdividers or developers shall provide the City with an acceptable abstract of title or registered property abstract for all land dedicated for park purposes, evidencing good and marketable title without liens or encumbrances of any kind except those encumbrances which the City Council has approved or required in connection with the proposed plat. The foregoing abstracts shall otherwise evidence good and marketable title free and clear of any mortgages, liens, encumbrances, assessments and taxes. For any required dedication of land that is not formally dedicated to the City with the final plat, the landowner shall record all deeds for conveyance of the property to the City prior to or at the same time as recording the final plat. (f) Parkland dedication; parkland development special fund created. There is hereby established a parkland development special fund. All funds collected pursuant to the parkland dedication process shall be deposited in the parkland development special fund and used solely for the acquisition and development or improvement of lands dedicated for public use for parks, playgrounds, trails, open spaces or conservation purposes in close proximity to the subdivision or development. Such funds may not be used for ongoing operations or maintenance. All fund expenditures shall be approved by the City Council upon recommendation of the director of parks and recreation in consultation with the parks and recreation commission. All fund contributions shall be paid as a condition of final City Council plat approval, except, when approved by the City Council, in the case of a development constructed in "phases," funds otherwise required for each construction phase of the development shall be collected prior to obtaining the first building permit for that phase. Payments made to satisfy the requirements of this section shall be made separately from any payments for building permits or any other payment. [DRAFTING NOTES: MN Stat. 462.358, Subd. 2b(b)(2) states that "any cash payment received shall be placed in a special fund by the municipality used only for the purposes for which the money was obtained, and may not be used for ongoing operation or maintenance." MN Stat. 462.358, Subd. 2c, Nexus, states that there must be an essential nexus between the fees or dedication imposed and the need created by the proposed subdivision or development.] Section 2 That Legislative Code § 69.511 and § 69.512 are hereby renumbered as follows: Sec. 69.5142. Public sites. Where a proposed park, playground, school or other public site is wholly or partly within the boundary of a proposed subdivision and such proposed public site is not dedicated to the city, no action shall be taken towards approval of the preliminary plat for a period not to exceed ninety (90) days to allow the planning commission or board of education the opportunity to consider and to take action towards acquisition of such public site by purchase or other cause. Sec. 69.512-3. Monuments. 6/22/06 DRAFT ORDINANCE Sec. 69.511 Page 4 Zoning Code (c) Parkland dedication option; land and/or cash dedication. At the discretion of the City Council, the owners, subdividers, or developers of property subject to this section shall contribute an amount of cash in lieu of all or a portion of the land required under subdivisions. (a) and (b) of this section or an equivalent value of improvements as approved by the City Council. The amount of cash shall be based upon the County Assessor's estimated market value of the total acreage of the plat, at the time of City Council approval of the plat,multiplied by the percentage of the land that would otherwise be dedicated. Not withstanding the dedication formula in subdivision (b) of this section, the maximum amount of cash dedication required under this section shall not exceed three thousand dollars ($3000.00) per dwelling unit. The City Council may review this maximum cash dedication amount on a yearly basis and adjust it for inflation. In determining whether land dedication or cash in lieu thereof will be required, the City Council shall consider without limitation the suitability and adaptability of land within the site for the purposes listed in subdivision (a) of this section and criteria for land dedication in subdivision(a) of this section. [DRAFTING NOTES: Park dedication requirements are based on enabling legislation in. MN Stat. 462.358 Official controls: subdivision regulations; dedication. MN Stat. 462.358, Subd. 2b, Dedication, states that municipal subdivision "regulations may require that a reasonable portion of a proposed subdivision be dedicated to the public or preserved for conservation purposes or for public use as parks, recreational facilities as defined and outlined in section 471.191, playgrounds, trails, wetlands, or open space; provided that (1) the municipality may choose to accept an equivalent amount in cash form the applicant for part or all of the portion required to be dedicated to such public uses or purposes based on the fair market value of the land no later than at the time of final approval" (emphasis added). This provision gives the City Council the option of requiring a cash contribution in lieu of land dedication when land within the site would not be suitable or adaptable for the purposes listed in subdivision (a).] (d) Parkland dedication option; private land maintained for public use. The City Council may, at its discretion, waive all or a portion of the land or cash dedication required under subdivisions (b) or (c) of this section and enter into an agreement for the private development and/or maintenance of land for public use for parks, playgrounds, trails, open space, or conservation purposes within the proposed plat, subject to the following conditions: (1) The land area or value of the land and improvements privately developed and maintained for public use for parks,playgrounds, trails, open space, or conservation purposes must at least equal that required under this ordinance. (2) Land, facilities, and improvements accepted under this provision shall be accessible to the public in a manner similar to public land. (3) The City Council must find, after recommendation of the Director of Parks and Recreation and the Parks Commission, that such land and improvements will serve the purposes listed in subdivision(a) of this section; and (4) The City and the owners, subdividers, or developers of the land must have executed a parkland development agreement insuring that specified land shall be developed and maintained by the owners, subdividers, or developers, and any and all successors in interest thereof, of any type whatsoever, which includes, but is not limited to heirs and assigns, for the purposes listed in subdivision (a) of this section. The owners, subdividers, or developers must include a covenant running with the specified land indicating that the land to be developed and maintained for the purposes listed in subdivision (a) will revert to the City in the event of a failure to comply with this requirement. When a recordable covenant concerning the ownership, maintenance or use of private areas and facilities for parkland development is required, the covenant shall be submitted to the City for approval. Such covenant shall be recorded prior to or at the 6/22/06 DRAFT ORDINANCE Sec.69.511 Page 3 Zoning Code [DRAFTING NOTES: Park dedication requirements are based on enabling legislation in MN Stat. 462.358 Official controls: subdivision regulations; dedication. MN Stat 462.358, Subd. 1 a, Authority, states that a municipality may by ordinance adopt subdivision regulations to facilitate adequate provision for transportation, water, sewage, storm drainage, schools, parks, playgrounds, and other public services and facilities. MN Stat. 462.358, Subd. 2b, Dedication, states that municipal subdivision "regulations may require that a reasonable portion of a proposed subdivision be dedicated to the public or preserved for conservation purposes or for public use as parks, recreational facilities as defined and outlined in section 471.191, playgrounds, trails, wetlands, or open space; provided that . . . (4)the municipality reasonably determines that it will need to acquire that portion of land for the purposes stated in this paragraph as a result of approval of the subdivision." The criteria for land dedication listed here are consistent with the criteria listed in 3, 5, and 16 of the Parks and Recreation Plan chapter of the Saint Paul Comprehensive Plan. Policy 3 of the Parks and Recreation Plan states, "Pursue opportunities and partnerships to acquire land specifically for open space and natural resource protection according to any of the following criteria: a. Areas containing species included on the State of Federal list of endangered or threatened species; b. Areas representing significant landforms, native plant communities, or sensitive habitat; c. Areas that connect existing components of the open space network; and d. Areas adjacent to existing parkland/open space. Policy 5 of the Parks and Recreation Plan states, "Take advantage of opportunities that arise from redevelopment activities to add or enhance the city's open space and natural resources. Priority will be given to opportunities that do not add publicly-owned and developed parkland that will require additional public maintenance or operating expenses." Policy 16 of the Parks and Recreation Plan states, "Pursue opportunities and joint use partnerships to acquire or provide access to land for parks, open space, or recreation development according to the following criteria: a. Priority will be given to areas that are under-served due to distance to existing parks, population density, or inadequate size and condition of existing nearby park)s); b. Land parcels must be of adequate size to accommodate proposed development; c. Availability and commitment of resources, public and/or private, to develop, operate, and maintain new park facilities; d. Gifts of suitable land will be accepted when resources, public and/or private, are identified to maintain the property;.and e. Conformity with other applicable public policy.] (b) Parkland dedication formula. For platting of land for residential development that will increase the number of dwelling units, the property owners, subdividers or developers shall dedicate 0.008 acres (eight thousandths of an acre) of land per additional dwelling unit within the plat to a maximum of twelve (12) percent of the total acreage of the plat, on a one time basis, for the purposes listed in subdivision (a) of this section. [DRAFTING NOTES: MN Stat. 462.358, Subd. 2b, Dedication, states that municipal subdivision "regulations may require that a reasonable portion of a proposed subdivision be dedicated to the public or preserved for conservation purposes or for public use as parks, recreational facilities . . . playgrounds, trails, wetlands, or open space." For cities in the Metropolitan Area with percent of residential land park dedication requirements, 8% to 10% is the norm, one measure of what is a "reasonable portion." A few are lower (e.g., 6.8% in Arden Hills)and a few are higher. The few that are higher(Hastings, Hopkins, Lino Lakes, Plymouth, St. Louis Park, and Stillwater) have requirements with a range of generally about 9-15% of residential land based on development size and/or density. The 0.008 acres (348 sq. feet) per unit dedication requirement is 6.9% of a standard 5000 sq. foot one-family residential lot. For a duplex, it would be 11.6% of a 6000 sq. foot two-family residential lot. The 12% standard would mean more than 1 block of parkland for every 8 residential blocks, a development pattern in which on average every residential block would be adjacent to at least 1 block of parkland.] 6/22/06 DRAFT ORDINANCE Sec. 69.511 Page 2 Zoning Code An ordinance amending the Saint Paul Legislative Code by creating a new section, Legislative Code § 69.511, entitled "parkland dedication requirements, residential developments," pertaining to the dedication of land or, in some instances, the payment of cash in lieu of a land dedication, for public use when platting or replatting parcels of land for residential development which will result in an increase in the number of dwelling units, and establishing policies and procedures for these new requirements; and renumbering old Leg. Code § 69.511 and § 69.512. THE COUNCIL OF THE CITY OF SAINT PAUL DOES HEREBY ORDAIN Section 1 That the Saint Paul Legislative Code is hereby amended by adding the following new language to read as follows: Sec. 69.511. Parkland dedication requirements, residential developments. (a) Generally. Pursuant to Minn. Stat. Sec. 462.358, Subd. 2, as amended and as otherwise provided below,for platting of land for residential development that will result in an increase in the number of dwelling units, the owners, subdividers, or developers of the land shall convey to the city or dedicate to the public use a reasonable portion of the land for public use for parks,playgrounds, trails, open space, or conservation purposes. This requirement shall not apply to platting of land that does not increase the overall number of dwelling units. The City Council shall determine the location and configuration of any land dedicated, taking into consideration the suitability and adaptability of the land for its intended purpose, future needs of the proposed development, and following criteria: (1) conformance with the city's adopted comprehensive plan and development or project plans for sub-areas of the city; (2) areas identified for park or conservation purposes in an adopted city, regional, state, or national plan; , (3) areas that connect existing components of the open space network; (4) areas adjacent to existing public parks, trails, or open space; (5) areas representing significant landforms, native plant communities, sensitive habitat, or historical events; (6) areas containing vegetation identified as endangered or threatened, or that provide habitat for animals identified as endangered, threatened, or of special concern under 15 U.S.C. 5.1531 et. seq. or Minn. Stat. & 84.0895, and rules adopted under these respective laws; (7) availability and commitment of resources, public and/or private, to develop, operate, and maintain the new park land; (8) priority will be given to areas that are under-served by parks due to distance to existing parks,population density, or inadequate size of existing nearby parks; (9) land to be dedicated shall be large enough for its intended purpose; (10) land dedicated solely for roadway, stormwater retention, or utility purposes, or otherwise unsuitable for the purposes listed above, shall not be accepted;. (11) dedicated land shall be accessible to the public served unless the City Council determines that the dedicated land is an environmentally or ecologically sensitive area for which public access would be detrimental. 6/22/06 DRAFT ORDINANCE Sec. 69.511 Page 1 Zoning Code c PLANNING COMMISSION Brian Alton,Chair SAINT . PA U L CITY OF SAINT PAUL 25 West Fourth Street Telephone:651-266-6700 Christopher B. Coleman,Mayor Saint Paul,MN 55102 Facsimile:651-228-3220 0* AAAA • •w RC /frRo SAINT PAUL PLANNING COMMISSION 'ilk2 0 200 NOTICE OF PUBLIC HEARING C/7- 6 FRK Parkland Dedication Ordinance The Saint Paul Planning Commission will hold a public hearing on proposed amendments to Chapter 69, Subdivision Regulations, of the Zoning Code pertaining to parkland dedication requirements. The amendments would require dedication of parkland to the City for platting of land for residential use. Platting is required when a subdivision of land creates 5 or more lots,requires new paved streets or alleys, or is previously unplatted land. The proposed amendments also provide options for payment of cash for parkland acquisition and development, and agreements for development and maintenance of private land for public use open space use, in lieu of land dedication. The hearing will be held before the Planning Commission on: Friday, July 28, 2006 8:30 a.m. City Hall Conference Center, Lower Level, Room 40 15 West Kellogg Boulevard, Saint Paul The hearing record will be kept open and the hearing continued through the Planning Commission meeting on August 11, 2006, for any additional oral or written testimony. All comments concerning the proposed parkland dedication requirements will be heard at this hearing. Comments submitted in writing should be addressed to: Saint Paul Planning Commission 25 West Forth Street, Suite 1400 Saint Paul, MN 55102 or c/o allan.torstenson(a�ci.stpaul.mn.us Copies of the proposed amendments are available by calling Allan Torstenson, Senior Planner for Zoning, at 651-266-6579, or by e-mail to allan.torstenson@ci.stpaul.nm.us AA-ADA-EEO EMPLOYER same time as the finalplat. [DRAFTING NOTES: MN Stat. 462.358, Subd. 2b(b)(3) states that "in establishing the reasonable portion to be dedicated, the regulations may consider the open space, park, recreational, or common areas and facilities which the applicant proposes to reserve for the subdivision."] (e) Parkland dedication; conveyance standards. Prior to dedication and conveyance of the required property to the City,the owners, subdividers or developers shall provide the City with an acceptable abstract of title or registered property abstract for all land dedicated for park purposes, evidencing good and marketable title without liens or encumbrances of any kind except those encumbrances which the City Council has approved or required in connection with the proposed plat. The foregoing abstracts shall otherwise evidence good and marketable title free and clear of any mortgages, liens, encumbrances, assessments and taxes. For any required dedication of land that is not formally dedicated to the. City with the final plat, the landowner shall record all deeds for conveyance of the property to the City prior to or at the same time as recording the final plat. (f) Parkland dedication; parkland development special fund created. There is hereby established a parkland development special fund. All funds collected pursuant to the parkland dedication process shall be deposited in the parkland development special fund and used solely for the acquisition and development or improvement of lands dedicated for public use for parks, playgrounds, trails, open space, or conservation purposes in close proximity to the subdivision or development. Such funds may not be used for ongoing operations or maintenance. All fund expenditures shall be approved by the City Council upon recommendation of the director of parks and recreation in consultation with the parks and recreation commission. All fund contributions shall be paid as a condition of final City Council plat approval, except, when approved by the City Council, in the case of a development constructed in "phases," funds otherwise required for each construction phase of the development shall be collected prior to obtaining the first building permit for that phase. Payments made to satisfy the requirements of this section shall be made separately from any payments for building permits or any other payment. [DRAFTING NOTES: MN Stat. 462.358, Subd. 2b(b)(2) states that "any cash payment received shall be placed in a special fund by the municipality used only for the purposes for which the money was obtained, and may not be used for ongoing operation or maintenance." MN Stat. 462.358, Subd. 2c, Nexus, states that there must be an essential nexus between the fees or dedication imposed and the need created by the proposed subdivision or development.] Section 2 That Legislative Code § 69.511 and § 69.512 are hereby renumbered as follows: Sec. 69.511-2. Public sites. Where a proposed park, playground, school or other public site is wholly or partly within the boundary of a proposed subdivision and such proposed public site is not dedicated to the city, no action shall be taken towards approval of the preliminary plat for a period not to exceed ninety (90) days to allow the planning commission or board of education the opportunity to consider and to take action towards acquisition of such public site by purchase or other cause. Sec. 69.51;3. Monuments. 6/22/06 DRAFT ORDINANCE Sec. 69.511 Page 4 Zoning Code (c) Parkland dedication option; land and/or cash dedication. At the discretion of the City Council, the owners, subdividers, or developers of property subject to this section shall contribute an amount of cash in lieu of all or a portion of the land required under subdivisions. (a) and (b) of this section or an equivalent value of improvements as approved by the City Council. The amount of cash shall be based upon the County Assessor's estimated market value of the total acreage of the plat, at the time of City Council approval of the plat, multiplied by the percentage of the land that would otherwise be dedicated. Not withstanding the dedication formula in subdivision (b) of this section, the maximum amount of cash dedication required under this section shall not exceed three thousand dollars ($3000.00) per dwelling unit. The City Council may review this maximum cash dedication amount on a yearly basis and adjust it for inflation. In determining whether land dedication or cash in lieu thereof will be required, the City Council shall consider without limitation the suitability and adaptability of land within the site for the purposes listed in subdivision (a) of this section and criteria for land dedication in subdivision(a) of this section. [DRAFTING NOTES: Park dedication requirements are based on enabling legislation in. MN Stat. 462.358 Official controls: subdivision regulations; dedication. MN Stat. 462.358, Subd. 2b, Dedication, states that municipal subdivision "regulations may require that a reasonable portion of a proposed subdivision be dedicated to the public or preserved for conservation purposes or for public use as parks, recreational facilities as defined and outlined in section 471.191, playgrounds, trails, wetlands, or open space; provided that (1) the municipality may choose to accept an equivalent amount in cash form the applicant for part or all of the portion required to be dedicated to such public uses or purposes based on the fair market value of the land no later than at the time of final approval" (emphasis added). This provision gives the City Council the option of requiring a cash contribution in lieu of land dedication when land within the site would not be suitable or adaptable for the purposes listed in subdivision (a).] (d) Parkland dedication option; private land maintained for public use. The City Council may,at its discretion, waive all or a portion of the land or cash dedication required under subdivisions (b) or (c) of this section and enter into an agreement for the private development and/or maintenance of land for public use for parks, playgrounds, trails, open space, or conservation purposes within the proposed plat, subject to the following conditions: (1) The land area or value of the land and improvements privately developed and maintained for public use for parks, playgrounds, trails, open space, or conservation purposes must at least equal that required under this ordinance. (2) Land, facilities, and improvements accepted under this provision shall be accessible to the public in a manner similar to public land. (3) The City Council must find, after recommendation of the Director of Parks and Recreation and the Parks Commission, that such land and improvements will serve the purposes listed in subdivision(a) of this section; and (4) The City and the owners, subdividers, or developers of the land must have executed a parkland development agreement insuring that specified land shall be developed and maintained by the owners, subdividers, or developers, and any and all successors in interest thereof, of any type whatsoever, which includes, but is not limited to heirs and assigns, for the purposes listed in subdivision (a) of this section. The owners, subdividers, or developers must include a covenant running with the specified land indicating that the land to be developed and maintained for the purposes listed in subdivision (a) will revert to the City in the event of a failure to comply with this requirement. When a recordable covenant concerning the ownership, maintenance or use of private areas and facilities for parkland development is required, the covenant shall be submitted to the City for approval. Such covenant shall be recorded prior to or at the 6/22/06 DRAFT ORDINANCE Sec. 69.511 Page 3 Zoning Code • [DRAFTING NOTES: Park dedication requirements are based on enabling legislation in MN Stat. 462.358 Official controls: subdivision regulations; dedication. MN Stat 462.358, Subd. 1 a, Authority, states that a municipality may by ordinance adopt subdivision regulations to facilitate adequate provision for transportation, water, sewage, storm drainage, schools, parks, playgrounds, and other public services and facilities. MN Stat. 462.358, Subd. 2b, Dedication, states that municipal subdivision "regulations may require that a reasonable portion of a proposed subdivision be dedicated to the public or preserved for conservation purposes or for public use as parks, recreational facilities as defined and outlined in section 471.191, playgrounds, trails, wetlands, or open space; provided that . . . (4)the municipality reasonably determines that it will need to acquire that portion of land for the purposes stated in this paragraph as a result of approval of the subdivision." The criteria for land dedication listed here are consistent with the criteria listed in 3, 5, and 16 of the Parks and Recreation Plan chapter of the Saint Paul Comprehensive Plan. Policy 3 of the Parks and Recreation Plan states, "Pursue opportunities and partnerships to acquire land specifically for open space and natural resource protection according to any of the following criteria: a. Areas containing species included on the State of Federal list of endangered or threatened species; b. Areas representing significant landforms, native plant communities, or sensitive habitat; c. Areas that connect existing components of the open space network; and d. Areas adjacent to existing parkland/open space. Policy 5 of the Parks and Recreation Plan states, "Take advantage of opportunities that arise from redevelopment activities to add or enhance the city's open space and natural resources. Priority will be given to opportunities that do not add publicly-owned and developed parkland that will require additional public maintenance or operating expenses." Policy 16 of the Parks and Recreation Plan states, "Pursue opportunities and joint use partnerships to acquire or provide access to land for parks, open space, or recreation development according to the following criteria: a. Priority will be given to areas that are under-served due to distance to existing parks, population density, or inadequate size and condition of existing nearby park)s); b. Land parcels must be of adequate size to accommodate proposed development; c. Availability and commitment of resources, public and/or private, to develop, operate, and maintain new park facilities; d. Gifts of suitable land will be accepted when resources, public and/or private, are identified to maintain the property;.and e. Conformity with other applicable public policy.] (b) Parkland dedication formula. For platting of land for residential development that will increase the number of dwelling units, the property owners, subdividers or developers shall dedicate 0.008.acres (eight thousandths of an acre) of land per additional dwelling unit within the plat to a maximum of twelve (12) percent of the total acreage of the plat, on a one time basis, for the purposes listed in subdivision(a) of this section. [DRAFTING NOTES: MN Stat. 462.358, Subd. 2b, Dedication, states that municipal subdivision "regulations may require that a reasonable portion of a proposed subdivision be dedicated to the public or preserved for conservation purposes or for public use as parks, recreational facilities . . . playgrounds, trails, wetlands, or open space." For cities in the Metropolitan Area with percent of residential land park dedication requirements, 8% to 10% is the norm, one measure of what is a "reasonable portion." A few are lower (e.g., 6.8% in Arden Hills)and a few are higher. The few that are higher(Hastings, Hopkins, Lino Lakes, Plymouth, St. Louis Park, and Stillwater) have requirements with a range of generally about 9-15% of residential land based on development size and/or density. The 0.008 acres (348 sq. feet) per unit dedication requirement is 6.9% of a standard 5000 sq. foot one-family residential lot. For a duplex, it would be 11.6% of a 6000 sq. foot two-family residential lot. The 12% standard would mean more than 1 block of parkland for every 8 residential blocks, a development pattern in which on average every residential block would be adjacent to at least 1 block of parkland.] 6/22/06 DRAFT ORDINANCE Sec. 69.511 Page 2 Zoning Code An ordinance amending the Saint Paul Legislative Code by creating a new section, Legislative Code § 69.511, entitled "parkland dedication requirements, residential developments," pertaining to the dedication of land or, in some instances, the payment of cash in lieu of a land dedication, for public use when platting or replatting parcels of land for residential development which will result in an increase in the number of dwelling units, and establishing policies and procedures for these new requirements; and renumbering old Leg. Code § 69.511 and § 69.512. THE COUNCIL OF THE CITY OF SAINT PAUL DOES HEREBY ORDAIN Section 1 That the Saint Paul Legislative Code is hereby amended by adding the following new language to read as follows: Sec. 69.511. Parkland dedication requirements, residential developments. (a) Generally. Pursuant to Minn. Stat. Sec. 462.358, Subd. 2, as amended and as otherwise provided below, for platting of land for residential development that will result in an increase in the number of dwelling units, the owners, subdividers, or developers of the land shall convey to the city or dedicate to the public use a reasonable portion of the land for public use for parks, playgrounds, trails, open space, or conservation purposes. This requirement shall not apply to platting of land that does not increase the overall number of dwelling units. The City Council shall determine the location and configuration of any land dedicated, taking into consideration the suitability and adaptability of the land for its intended purpose, future needs of the proposed development, and following criteria: (1) ' conformance with the city's adopted comprehensive plan and development or project plans for sub-areas of the city; (2) areas identified for park or conservation purposes in an adopted city, regional, state, or national plan; . (3) areas that connect existing components of the open space network; (4) areas adjacent to existing public parks, trails, or open space; (5) areas representing significant landforms, native plant communities, sensitive habitat, or historical events; (6) areas containing vegetation identified as endangered or threatened, or that provide habitat for animals identified as endangered, threatened, or of special concern under 15 U.S.C. $1531 et. seq. or Minn. Stat. $ 84.0895, and rules adopted under these respective laws; (7) availability and commitment of resources, public and/or private, to develop, operate, and maintain the new park land; (8) priority will be given to areas that are under-served by parks due to distance to existing parks,population density, or inadequate size of existing nearby parks; (9) land to be dedicated shall be large enough for its intended purpose; (10) land dedicated solely for roadway, stormwater retention, or utility purposes, or otherwise unsuitable for the purposes listed above, shall not be accepted; (11) dedicated land shall be accessible to the public served unless the City Council determines that the dedicated land is an environmentally or ecologically sensitive area for which public access would be detrimental. 6/22/06 DRAFT ORDINANCE Sec. 69.511 Page 1 Zoning Code Saint Paul Planning Commission MASTER MEETING CALENDAR Steering Committee Meeting—8:00 a.m., Room 41 WEEK OF JULY 24-28, 2006 Mon 24 Tues 25 4:00- Comprehensive Planning Committee Room 1106- CHA 5:30 p.m. (Penny Simison, 651/266-6554) 25 W. Fourth Street -Discussion of the membership of the task forces. -Discussion of draft segments of the Scoping Report. 4:30- Downtown/Capitol Central Corridor LRT Task Force First Nat'l Bank Bldg. 6:30 p.m. (Lucy Thompson, 651/266-6578) 332 Minnesota Street Room N110 -Task force and project orientation 5:00- University Avenue Central Corridor Task Force MLK/Hallie Q. Brown 7:00 p.m. (Donna Drummond, 651/266-65560 Community Center 270 N. Kent St., Wilder Room -Presentations by Russ Stark, Midway TMO and Brian McMahon, University UNITED on recent studies and initiatives related to parking,property taxes,Dickerman Park, and design charettes at Snelling and Lexington. Weds 26 Thurs 27 Fri 28 8:00 a.m. Planning Commission Steering Committee Room 41 City Hall (Larry Soderholm, 651/266-6575) Conference Center 15 Kellogg Blvd. 8:30- Planning Commission Meeting Room 40 City Hall 11:00 a.m. (Larry Soderholm, 651/266-6575) Conference Center 15 Kellogg Blvd. PUBLIC HEARING: Item from the Comprehensive Planning Committee (Allan Torstenson, 651/266-6579) Parkland Dedication Ordinance Zoning . NEW BUSINESS # 06-101-526 Neighborhood Development Alliance—Conditional Use Permit for 2 unit cluster. 235 Belvidere St E between Harvard and Oakdale. (Merritt Clapp-Smith, 651/266-6547) # 06-103-980 Macalester College—Conditional Use Permit for expansion of college boundary to include 1653 Lincoln Avenue. 1653 Lincoln Avenue between Macalester& Cambridge. (Merritt Clapp-Smith, 651/266-6547) Resolution initiating zoning study of Conditional Use Permit regulations Neighborhood and Current Fitzgerald Park Precinct Plan Summary—Adoption of Resolution. (Lucy Thompson, 651/266-6578) Fleming\Calendars\July 24-28,2006