HomeMy WebLinkAboutPark and Recreation Advisory Commission Packet 04-02-1981Plymouth Pa*j and Recreation Advisory Commission
Regular Mee.,,g of April, 2, 1981 - 6:30 p.m.
Plymouth City Center Council Chambers
PLEASE NOTE, THAT THIS MEETING BEGINS AT 6:30 P.M. WITH A REVIEW OF THE
SCHMIDT LAKE PARK PLANS. REGULAR AGENDA ITEMS WILL BEGIN AT 8:00 P.M.
AGENDA
1. Call to Order
2. Approval of Minutes
3. Visitor Presentations
a. Athletic Association Representatives
b. OtheNs ----P 6. R
c. Rick Busch and Jane Sletten
4. Report on Past Council Actions
5. Unfinished Business
a. Playfield Update.
b. 1981 LAWCON East Beach Grant
c. Neighborhood Park Sete Development.
d.. PRAC Training Session
e. Comprehensive Park Flan Brauer
6. New Business
a. New Plats
D. Fall Youth Soccer Program
c. Annual Report
7. Commission Presentation
8. Staff Communications
9. Adjournment
Minutes of the
March 5, 1981
Page 1.1
Present:
Absent:
Regular Meeting of the Park and Recreation Advisory Commission
Betty Threinen, John Mullan, Frank Dvorak, Steve Chesebrough,
Barbara Edwards and Alan Brass
James Rice
Staff Present: Eric Blank, Rick Busch, Nancy Helgeson
Staff Absent: Jane Sletten
Others Present: Fred Haas, Mary Anderson Construction; John Worrall, Brauer
and Associates
1. CALL TO ORDER
Commissioner Threinen called the meeting to order at 7:35 p.m. in the City
Center Council Chambers in the absence of Chairman Rice.
2. APPROVAL OF MINUTES
A motion was made by Commissioner Edwards and seconded by Commissioner Brass
to approve the February minutes as read. Motion carried with all ayes.
3. VISITOR PRESENTATIONS
a. Athletic Association Representatives. None were present at this meeting.
b. Others, Their comments will be covered in later agenda items.
c. RRc Busch and Jane Sletten. Ms. Sletten was not in attendance at.this
meeting. Rick Buschannounced that our spring brochure had been mailed during
the last week in February and that registration began March 2. He has been
busy evaluating winter programs and terminating winter staff. Adult softball
registration begins March 1.6. He also discussed our 3 -Man, 3 -Woman Basketball
program. Twenty teams began playing on March 4, and although we had advertised
this program to include 3 -Woman Basketball, only men signed up.
5. UNFINISHED BUSINESS
d. Neighborhood Park Site Development _Udate. Director Blank ave a brief
back—ground on the progress o the ssion Hil-ls and the Timber Shores Park
site design process. Discussion then centered on the third park proposed
for development in 1981 - Schmidt Lake Neighborhood Park. Director Blank
indicated that he had brought the Schmidt Lake Park size and land dedication
question before PRAC because they had not previously reviewed this park
dedication item. Director Blank passed out maps showing the proposed land
dedication from the Schmidt Lake Woods Addition and the Zachary Hills
Addition. The Schmidt Lake Woods Addition is a five acre parcel of which
4.43 acres are above the 100 year flood mark. The Zachary Hills park
dedication was scheduled to be 3.44 acres.. Of this, 2.47 acres are above
the 100 year flood mark Director Blank then showed a series of slides
taken of this proposed park site showing some of the limitations for
development due to steep grades and other constraints on this particular
site. Director Blank indicated that the Zachary Hills development
consisted of 110 acres requiring a park charge of 10.1 acres of land
or cash. Twenty-five percent of this charge has currently been paid
in cash for lots developed north of Hamel Road. This left 7.5 acres of
land or cash to be dedicated. Director Blank suggested that PRAC should
consider not taking 2.47 acres of the land from Zachary Hills Development
but taking 7.5 acres for park dedication. This would increase the park
size and protect more of the shore line along Schmidt Lake. This would
require the developer to give. up the cul-de-sac and six houses, four of
which would have access to Schmidt Lake. Fred Haas, of Mary Anderson
Construction was present at this meeting to dis:.uss the proposed dedication.
PRAC Meeting of March 5, 1981
Page.l2
He pointed out that over the past four years, Mary Anderson Homes had
proposed several plats to the City of Plymouth, and that each time they
made this presentation, they showed a park. dedication of 2.47 acres
and the cul-de-sac with. the houses on Schmidt Lake.. Until this time,
no one on the staff had questioned the size of the park dedication.
His feeling was that it would be unfair of the City to ask for more
land dedication. from this particular plat. He was also worried that
this change in; his preliminary plat would delay final plat approval.
The commission then discussed the pros and cons of requesting additional
Land dedication from Zachary Hills plat for Schmidt Lake Park.
COMMISSIONER DVORAK MOVED AND COMMISSIONER CHESEBROUGH SECONDED A MOTION
THAT PRAC SUPPORT THE PARK AS ORIGINALLY DESIGNED UTILIZING THE SIZE
OF 6.9 ACRES FOR THE PARK. ZACHARY HILLS WOULD BE REQUIRED TO DEDICATE
2.47 ACRES FOR PARK AND 1.95 ACRES FOR A TRAIL. MOTION CARRIED WITH
ALL AYES.
In summary, PRAC generally agreed with staff's recommendation for increasing
the size of the park, but felt that it was inappropriate to make this change
after four years had elapsed since the initial preliminary plat showing
the land dedication for park had been presented to the Cita.
a. Park Rental Policies for 1981. This policy relates to the rental of
our facilities for tournaments only. Rick Busch presented this policy
to, the commissioners for their reveiw and approval. After reading
and discussing policy, Commissioner Brass requested some rearrangement
of priorities n terms of giving out permits. He felt that Plymouth
resident groups should be given consideration before non-profit civic.
organizations:. Commissioners also decided that a resident group should.
be made up of at least 50% Plymouth residents. Another item in the
policy dealt with the consumption of intoxicating beverages in the
parks, and the general consensus was that this item should be deleted
from the policy.; It was further decided that the subject of allowing
or disallowing alcohol in the parks should be discussed at the Joint
City Council/FRAC meeting.
A MOTION WAS MADE BY COMMISSIONER CHESEBROUGH AND SEL_aj,u BY COMMISSIONER
BRASS THAT PRAC ENDORSES THE PARK RENTAL POLICY AND FEE SCHEDULE P°
AMENDED, MOVING UP ITEM A-5, DELETING ITEM C-5, AND AMENDING A-5 TO
READ "PLYMOUTH RESIDENT GROUPS MADE UP OF AT LEAST 50% PLYMOUTH RESIDENTS."
MOTION CARRIED WITH ALL AYES.
6. NEW BUSINESS
b. PlyTouth Adult Softball Information. Rick introduced this item and
stated that this memorandum would be sent to all softball managers pending
PRAC's approval. Softball registration begins March 16, and this memo.
contains all the information that new and returning teams need to know
in order to register.
COMMISSIONER EDWARDS MOVED AND COMMISSIONER MULLAN SECONDED A MOTION THAT
PRAC APPROVES THE SOFTBALL MEMORANDUM AS PRESENTED BY RICK BUSCH. THE MOTION
CARRIED WITH ALL AYES.
PRAC Meeting of March 5, 1981
Page 13
4. PAST COUNCIL ACTION,
Director Blank announced that the City Council had passed a resolution
authorizing boat access to Bass Lake through the: Timber Shores park
with no changes to the topography. The Council also passed a resolution
autiorizing the City Manager to negotiate a contract with Brauer and
Assoziates for the completion of the Comprehensive Park Plan,
6. b. Playfield Update. Director Blank stated that lights are being installed
whenever possible at the various playfields, but some problems are arising
because the trucks have to drive over soft ground, which can cause damage
to the newly laid sod. The purchase of the Zachary Lane playfield site
has not been finalized yet.
c. 1981 LAWCON Grant for the East Beach, Director Blank announced that
President the Heritage onservation an Recreation Service (HCRS) thereby
freezing all 1981 funds. The 25% State matching grant money is. still
available, however. Director Blank said that this would delay the
beginning of construction until fall of 1981. He further stated that
design work had stopped, until we receive further word on this grant.
d. Neighborhood Park Site Development Update (coni.). On February
26, a meeting was held with t i`Centssoo fthe Timber Shores neighborhood
and the Mission Hills/Mission Ridge neighborhood for purposes of reviewing
concept plans. The Timber Shores residents were in favor of keeping the
area "natural" and they liked the idea of a fishing pier. The Mission
Hills residents were in favor of a tot lot, trails and also keeping
their park "natural." Commissioner Chesebrough stated that he greatly
appreciated all the work the'Missfon Hills residents put into their
questionnaire, and proof of its success was evident in the 186 returns
out of 200 questionnaires..
e. Update PRAC Trainin Syession. Director Blank announced that the PRAC
training session scheduled for April 4 from 9:00 to 2:30 would be held
here at the City Center. The morning session will be with John Schultz,
head of Leisure Studies at the University. Following a catered Lunch,
the afternoon session will be spent with Brauer and Associates.
f. Joint Meetino with the City Council - Review Agenda. This meeting
will.. be held on March 30 beginning at 0 p.m, in the conference room
adjacent to the Chambers. The commissioners discussed the agenda
and put items in the sequence they wished to follow, beginning with
a movie, "In Search of Balance," followed by grand opening of the
playfields, the City's relationship with youth athletic associations,
coordination of revie,, of development plans, Comprehensive Park Plan,
distribution of funds from Park Fund accounts, concession sales in
parks, survey of Plymouth residences, and others.
h. Comprehensive Park Plan Introductory Meeting with Brauer and Associates,
John Worrall, representing Brauer and Associates, was present at this meeting.
He passed out a calendar of his schedule and how Brauer sees things progressing.
He also showed the commissioners a chart that Brauer had prepared that
indicated where people have a tendency to spend their leisure time. He
stated that he would be attending all future PRAC meetings until the.
Comprehensive Park Plan is completed.
PRAG Meeting of March 5, 1981
Page 14
g., Park Dedication Policy. Council reviewed the current Park Dedication
Policy and identified some of its problems. Staff then rewrote it and sent
it back to the Council. It is now being presented to PRAC for their
review and approval.
COMMISSIONER DVORAK MOVED AND COMMISSIONER MULLAN SECONDED A MOTION TO
ENDORSE THE UPDATED VERSLON OF THE PARK DEDICATION POLICY TO THE CITY
COUNCIL.. THE MOTION CARRIED WITH ALL AYES.
6. NEW BUSINESS.
a. New Plats. There were no new plats for PRAC's review at this meeting..
7. COMMISSION PRESENTATION
Commissioner Brass questioned Plymouth's use of the new playfield at the
Prudential site. Director Blank stated that -Rick Busch would be contacting
Prudential regarding their policy on the use: of their playfield..
Commissioner Edwards requested that Director Blank speak to the police about
the problem of unleashed dogs in City parks.
Commission Mullan would like an update on the progress of the Hennepin County
Regional Park made available at the next meet.ina.
8. STAFF COMMUNICATION
Director Blank mentioned that we are already receiving requests from residents
for use of picnic tables. He stated that last summer our maintenance people
would deliver the tables to parties requesting them and then later pick up
the tables. This year, we will not be able to do this. He did say, hoever,
that private parties will be allowed to use them if they make their own
arrangements for getting them.
The next FRAC meeting will be Thursday, April 2.. Director Blank asked
commissioners to hold March 26 on their calendars for another neighborhood
meeting with the residents of Mission Hills and Timber Shores.
9. ADJOURNMENT
Commissioner Chesebrough moved and Commissioner Threinen seconded a motion
to adjourn at 10;00 p.m.
DATE:
TO•
FRO' 1 -
CITY OF PLYMOUTH
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55441
TELEPHONE. (612) 559-2800
April 2, 1981
PRAC
Jane Sletten.
MEMO
SUBJ: .: r: Quarterly Report for Spring Programs
SPRING 1981
Youth Classes/Activities i of Classes Enrollment
Baton 2 17
Creative Dance 2 17
Tap 5 45
Ballet 5 70
Disco 2 13
Danceline 1 9
Firearm Safety Training (to date-) 3 25
Gymnastics: Plymouth Jr. High 2 16
Wayzata Sr. High 5 107
Karate 1 27
Teeny Tumblers. 4 47
Kite Making i Flying 1 30
Easter Crafts (to date) 2 23
Mother's Day Gift Making (not yet.registered)
Horseback Riding Lessons 1 30
Jack and the Beanstalk (to date) 1 31.
Adult.Classes
Aerobic Dance 4 87
Ballet Tap and.Jazz 1 9
Bod Squad 2 45
CFR 1 15
Jazzerc se (st session only) 1 48
Racquetball (lst;session only) 1 12
Slimnastics 2 17
Scandinavian.Tour 1 45
Gals'' Getaway: March trip 1 22
April trip 1 24
May trip (to date) 1 25.
Denotes new program,.
other Involvement: 3 -Day Ski Trip to Indianhead, Adaptive Program, Seniors' Program,
Family Fare
Programs Offered but Cancelled Due to Lack of Enrollment: Wellness Program, Children's
Theatre Trip, Roller Skating Trip and Fun With Oils
See other side for additional information.)
lMwq to PRAC
ate:° 1980 Enrollment
Page 7;
April 2 1981
1980 ENROLLMENT
Youth Activities 4 of Sessions Participants
Baton 7 78
Dane Classes (Tap and Ballet) 25 261
Dance Clinics (Sumer) 4 49
Disco 4 63
Firearm Safety Training 5 110
Gymnastics 29 453
Play Pals 9 128
Puppetry Storytelling 1 9
Swimming 4 991
Teeny Tumblers 0 108.
Theatre Workshop l 9
Trips 2 80
Open Swim (Pool) 40 1,055
Downhill Skiing 1 63
Adult Activities
Aerobic Dance 8 216
Ballet 4 16
CPR 3 50
Cross Country Skiing 1 8
Fencing Clinic 1 8
Gals` Getaway 9 258
Gift Ideas 1 20
Gymnastics 1 8
Oils and Acrylic 1 10
Racquetball 24 261
Running Clinic 1 23
Slimnastics 3 38
Special Trip 1 34
Beach Attendances East Beach 18,779
West Beach 4,544
Other Program Involvement: Family Fare Trips, Adaptive Program, Senior Citizen
Program, Beaches, Ladies Ski Club, 3 -Day Ski. Trip
CITY OF PLYMOUTH
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55441
TELEPHONE (612) 559-2800
ATE: March 26, 1981 MEMO
TO: James G. Willis, City Manager
FROM: Eric Blank, Director of Park and Recreation
SUBJECT: Joint Meeting March 30th
FRAC suggests the following as the order of business at our joint
meeting scheduled for Monday, March 30th:
1. Movie "In Search of Balance"
2. Grand.opening of playfields
3. City's relationship with youth athletic associations
4. Coordination of review of development plans
5. Comprehensive Park Plan
6. Distribution of funds from Park Fund accounts
7. Concession sales in parks, i.e., beaches, playfields, etc.
8. Survey of Plymouth residences
9. Bass Lake —boat access
10. Medicine Lake: - beau access/ice house access, new beach facilities
nh
Att: Memo from Eric Blank
Letter about Youth Soccer
Time Line for Park System Study
Policy on Use of Park Dedication Fund.
Survey of Park Dedication Policies
Memo from Herbert P. Lefler
Letter from Donald Carlson, DNR
Two Letters on East Beach Grant
CITY OF PLYMOUTH
3400 PLYMOUTH. BLVD., PLYMOUTH, MINNESOTA 55441
TELEPHONE (612) 559-2800
DATE: March 26, 1981 MEMO
TO: James G. Willis, City Council, PRAC
FROM: Eric Blank, Director of Park and Recreation
SUBJECT: City Council/PRAC Joint Meeting
Listed below are issues, questions and thoughts that need to be explored
further at Monday's joint meeting:
1. Movie "In Search of Balance"
This National Park and Recreation Association film depicts the value of
recreation in our modern society.. The film is narrated by former NRPA
Board Member Eddy Albert.
2. Grand Opening of Playfields
I would recommend that we schedule one grand opening event to take place
at Fernbrook Park on Saturday, June.10 or 27. We should get City Council,
PRAC, staff and others to play a softball game. Also, the Youth Athletic
Associations could provide teams to play baseball, softball, soccer, etc.
I think it would be, a lot easier to coordinate this event at one site
rather than two or three.
3. City's Relationship with Youth Athletic Associations
Questions that need discussion and clarification are:
Does the City wish to continue to financially support the
various associations given the high cost of maintaining the
fields?
We are currently assigning facilities based on the percentage
of Plymouth residents in each program. Is there a more
equitable method?
We have received a written request to start a fall soccer program
in. the Wayzata School District area of Plymouth. Staff thinks
it may be appropriate for the City to provide this program.
One Athletic Association for Plymouth - how might we accomplish
this?
4. Coordimation of Review of Development Plans
How does the City Councilview PRAC's roll in the Development Review
process?
S. Comprehensive Park System Plan
This is a brief review of what will be taking place during the next
seven months as work progresses on the Park System Plan. We would like
to know if there are any particular areas of concern which should be
noted during the planning process.
Memo Re: Joint City Council/PRAC Meeting
Page 2
March 26, 1981
6. Distribution of Funds from Park Fund Accounts
Currently, Park. Dedication funds are divided 50% for Central Park,
33% for Community Parks and Trails, and 17% for Neighborhood Parks.
I would suggest that we explore dividing these funds into two funds.
One account for Neighborhood Parks would receive 501/10' and one account
for all. other developments would receive 50%. This would generate
more funds for neighborhood park development, which I believe should
be one of our top priorities during the next five years. This
would also free up a lot of funds that have sat in the Central Park
account. This would give us more flexibility to use our cash funds
as m; eds dictate.
7. Concession Sales in Parks
I think that it would be appropriate with controlled permits to allow
3.2 beer to be sold in Central Park and at the Zachary Playfield. All
other parks would not allow any alcohol
Should the City charge a fee to mobile concessionnaires who wish to stop
and do business in park parking lots?
With the construction of a bath house at East Beach, we will be selling
concessions to raise revenues for the Recreation Fund.
8. Survey of Plymouth Residences
When would be an appropriate time for a new survey? What kinds of
information should we be seeking from this survey?
9. Bass Lake Boat Access
Review letter from DNR dated March 19, 1981. Review Timber Shores
development plan.
10. Medicine Lake
As we develop plans for the East Beach Redevelopment, should we be
allowing an access for ice fishing?
I-%St.YZATq
PUBLIC
SCHOOLS
INDEPENDENT SCHOOL DISTRICT 284 WAYZATA, MINNESOTA 55391
REEE"PAL TO:
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POLICY ON USE OF PARK DEDI:CATiON FUND
Resolution No. 77-551
September 26, 1917 (Supersedes Res,. 73-190, May 21, 1973)
The City Manager shall recorr.end, to the Council from time to time appropriations
from the "Park Dedication Fund" for the acquisition of land for park and playground
purposes and for development of parks and playgrounds or 'for debt retirement it
connection therewith.
The. Council also desires to establish general guidelines for the distribution of
the "Park Dedication funds" to vario ls types of City parks.
In accordance with the foregoing, it shall be the policy of the City of Pl;yivi uth.
that the City Manager operate within the following guidelines. in making recon
w,ndati ons to the City Council for the apprepri ation of "Park Dedication Funds",
1) The Manager shall establish accurate financial records: for
transactions o'sth the following three categories of the
uPark 'Dedication Fund"
a. Central cormunit park
b. Community parks, comnunity playfieldc -nd trails
C. Neiynborhood parks
2) Appropriations from the "Park Dedication Fund" shall normally be
on an annual basis, as part of the annual City budget, and shall.
he coordinated with the City Capital Improvement Program.,
3) Appropriations from the "Park Dedication Fund" shall be for the
acquisition and development for City pzrks, and over a five-year
period shall be distributed as follc:rs:
a.. Central community park - 50%
b. Community parks, cornuni ty playfiel ds and trails 33%
C:, Neighborhood parks - 1.7%
4) In the acquisition and development of parks and tr=ils, Park
Dedication Funds will, be combined with other funds which might
be made available from the General Fund,. private donations and
Federal, State and County grants.
5) At the tine that a deveFloper`s "Park Gad ication Fund" co t0bution
and credit, is determined, it shall be further determined to which
account the remaining cash contribution shall be credited..
wy. 9 -
CITY OF PLYMOUTH
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55441
TELEPHONE (612) 5599-2800
DATE: Match 25, 1981
MEMO
TO: dames G. Willis, City Manager
FROM,. Eric Blank, Director of Park and Recreation
SUBJECT. Survey of park Dedication Policies
Below are listed the results of my phone survey on park dedic-.tion policies.
The CityCouncil wanted this information for the joint meeting with. PRAC. 1,
selected. Communities that are 2nd or 3rd tier suburbs and are experiencing
many of the same growing pains Plymouth is facing.
1. Woodbury
Single family residential 10% of land or cash not to exceed $4CO/lot.
Multiple: family 2 to 3 uni tslacre s 11%
Cash or land - 10 unfitslacre = 18
15 units/acre 24%
Industrial $1,200/acre.
Commercial - $1.500/acre.
Offic'e - $1,800/acre,,
2. Apple Valley
Residential 10% land for parks. Cash is based on the value of land.
This is reviewed with each development. The most recent cash charge
was $8,000/acre.
Commercial - none.
Industrial none.
3 Brooklyn Park
Residential 10% cash or land..
Commercial 10% not to exceed $2,500/acre
Industrial 10% not to exceed $2,500/acre.
4. Brooklyn Center
None.
5. Burnsville
Residential 10% of land or cash..
Commercial - 5% of lapd or cash - no limit.
Industrial 'fix of !kind or cash - no limit..
The latest cash fee based on the value of 2.6 acres was $65,000
Nemo 'to dames G. iii l l i
Re Survey of Park Dedication Policies
March 25, 1981
page 2`
6. Eagan
Single family - 5300/unit.
Townhouse - 5250/unit.
Apartment - 5187/bedroom,
Commercial - none.
Industrial none..
7. Cottage Grove
Residential 5275/unit or 10% of land plus S150/unit; for development.
Commercial 10% of land or cash to to exceed 5500/a.cre.
Ind;strial - 10% of land or cash not to exceed 5500/acre.
8, Eden Prairie 10% of land or cash,
Single family -5325/unit.
All other 5250/unit.
Commercial $1,400/acre.
Lndustrial 51,400/acre.
Office 51,400/acre
9. Golden Valley
Residential Commercial - Industrial
In all cases, 104% of land or cash as a. minimum. Each development
is reviewed for higher charges. No limits.
10. Maplewood
Single family 5317/unit.
Other units = sliding scale based on density.
Co+rmercial, industrial 3.11% of the land or cash - no limit.
11. Shoreview
Residential 3% to 10% of land or cash based.on the density. If cash
is taken, the fee is based on the fair market value at time offinal
platting.
Commercial', irdustrial 10% of land or cash no limit on amount.
12. Chanhassen
Residential single family - 5375/unit.
Multiple range $100, $185, $300. $370, $385
Commercial, industrial 5940/acre.
13 , New Hope
None
14. Maple Grove
Residential - 0 to 3 dwelling units/acre 7;1% land or cash based on
fair market value
4 to 5 dwelling units/acre 71x land or cash based on
fair market value
6 to 8 dwelling tri is/acre -- 10% land or crash based on.
fair market value
Memo to James G. Vil_lis
Re: Survey of Park Dedication Policies
Page. 3
March 25, 1481
g or more dwelling units/acre Add 1% of dedication require-
ment for each additional
dwelling unit/acre over
8.
Commercial, industrial 5% land or cash based on fair market
value no limit.
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s Community DevelopmentDirectorof :Planning
City of Plymouth ,. ,
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3025' Uarbor l ane,
Minnea.polis• Minnesota 55,441 .
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Dear Chuck:
For some: 'time no« the City of Plymouth has 1een obtaining
land or cash in lieu thereof for parr and other. purposes
Upon the. approval of the developmentt of subdivision plats
and PhDs. This practice. has become so refined.with. us. that
it has become sin* another, it in our check list and we;
Y impose .the .'requirement quite automatically. Aside from
occasional sounds of grumbling from some ofthe dei clop, rs
we have really expeA fenced no problem. and have Incorporated
y these: requirements in development contracts which the
Y'"?'developers have readily signed. and in consequence have ` `• ` ' '•
either received either the land or the •• cash from them.
i `', +, ,«` •" `« .
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Comes now the first 'decision of. our state "Supreme Court .
4 :
with respect to the. statute {Section 462.358, Subdivision 2
The,`case arose in the city of Bloomington and the issue was „'..
a rather narrow ane, `to wit„ whether or not on its face the
t statute was constitutional. The Court decided. that it was
without deciding whether or not the Bloomington City Gnunc 1 `„•,
had properly applied the statute to the plaintif V s land.
However, in, that decision the Court did enunciate a standard:
which, I am sure will be used in: any future challenges
Y 4
which seek to demonstrate that. the statute and ardinanoes :
pursuant thereto have been reasonably applied to particular^
developments, The standard is that such. dedication or the
payment of cash in. lieu thereof WOulBeup o i i cou d
p .,
be es a is e , a e muni.cl a ityoI be require o
ryreasoothe, uas orprovidemoreoensac
eve oper's project. The precise language w r chsetstKis
language out is as follows: '
UFEVPE LEFLER, PEARSON, dBRIM h DRAWZ
Mr. Charles Dillerud +,
Qt tobef r le 1976
i
Paige. ,
t J„
Zj
1.
1+
ti+,., e.'r,^". , ta• w , r s a; tw., .,. .R,n ,it.
ti ,,;
I `'w ^ v ,1S e \ t h. ': • l i 'r'ws `\,t. .. 1..,`{l.ati` .. 1. ,ti r. Cti '.
Y1 .
tThiae:n.general subdivision regulations. are
a validexercise of a police`power, made -
necessarynecessary by, the ;pioblems subdivisions
create::;-- greater ueeds for. municipal ` ^ , , •:; ' =
tX . services and 'facilities —, the possibility .;
of'arbitrariness`ind unfairness in their
t application is nonetheless substantial -A `
municipality could use dedication regulations `
to exact land or fees from a subdivider, far out
Of proportion to the needs created by his sub -
division in order to avoid imposing the burden ^`
of paying for additional services 'on all
x citizens via taxation. To tolerate this ^
situation would be to allow an otherwise `
acceptable exercise of police power to become
grand, theft: But the enabling statute here
prevents this from occurring'by authorizing
dedication of only a 'reasonable,portion' of
land for the purposes stated. W7therefore
uphold the statute as constitutional. A
qreasbnable portion'` 1's' cbn'strued' to mean ,
that 22rtion of lanwhch the evidence reason—
ably
eason—
a ly es ta lshes the municipals w a heed `
t to ac uire for I ie Pur oses stated—as 9 result ,
or a— roval of the subdivision.` (underlining
supplied)
r '
While the task of demonstrating that a new subdivision or ;.
PUD will create an impact upon the recreational needs of
the citizens of the city is not difficult, there may, be
trouble ahead for those.communities that seek*the same sort
of application for developments that are not residential
in nature but are institutional, co:mercial and industrial.
In those situations, it seems to me, considerably greater
difficulty will be encountered in any effort to demonstrate ;
that a hospital, warehouse, etc:., is going toimp-mc-
11-
1- upon
the recreation space in the community in the sante degree or
to the same extent as a residential subdivision.
l
i, .
LAW gEFICC9 ,
LcFEVs.. ft, LEFLER. PEARSON, dBRICn i QRA\VZ
R t`y
2'ix•° Cb, rlas Dil,lerucl
a
October It 1,976
Page 3
p S
a . ' . tl•: ptiti1
apt
ar . a . tri , t , r
1 `\. " ' `"! M ,
h ', ,
W tk G a. J. ` .. '• .." a , + t «s r tea.' + aa,.i a. r ..
The `case is entitled+?G_eoxge )C.' 'Co 1r1'is et 'al . vs. City of
w
Bloomington,, decided Au gsst 13, 1976.
I send t' is to you as an informational matter only believing
that -you may Find it useful; as future problems arise. : a
a.
Yours: very, truly, i= t
t `
j
40
Herbert. P. Lefler
WL
cc. Mr. James G. Willis
a 1
t , a , ,.p a-,
f rti
a
wL•
PCLICY ADORTIy„ STANDARDS AND GUIDELINES FOR
DETERMINING THAT PORTION O;' L vID D`I G RL ITTED:
SUBDIVIDED OR DE;?ELOPEO ta•,';HICH IS TO BF CON' EYED
OR DEDICATED TO ThE °UBLIC F 11 PARE; C> Pl,il'GRL'uk
POPOSES OR WITH FES; :CT •TCS ,:f IGh Cti IS iC Ee
COMMUTED TO T; `E CITY' I"' LIES! O SC(,H CO'' 1EYAINCE
OR D"D;CHi Mi, ALL AS PROVIDED BY SE*CTiON 7.06 OF
Chi RV11 OF TH27TTLLT;-c COE
Resolution No. 73-243 ,
July 2, 1,973 (Originally R.es 72-42 (January 17, 1972)
and amended by Res. 73-145 (April 6, 1.9,3)
and amended by Res. 74-51 t' January 21, 1974;;
1. The City Council recognizes that it is essential to the health, safety and
welfare of the residents of,the. City of Plymouth that the character and quality
of the environment be considered! to be of major irportance in the planning .
I
nd development of the City, In this regard the manner in which land is
developed and used is a matter of high priority. The preservation ofland
for park, playground, pohl i c. open space. and stone grater holding purposes as
It relates to the use and, development of land for residential,,co rre•cial and
industrial purposes is essential to the maintaining of a healthful and desir-
able environment for all of the citizens of the City. We must not.onlynprovide
these, amenities for our citizens today, %-,e must a so be mindful of our future,
oitizeris•
It is recognized by the City Council that the demand for pari;, playground,
public open space and storat mater holding areas cithin a municipality is ;
directly related to the density and: intensity of development perr ittEd and
allowed with n any given area. Urban type developments paean greater numbers
of people and higher demands.for public recreational facil-ies and storm
water holding areas. To disregard this principle is to inevitably over -tax
existing facilities and thus dininish the quality of the environment for al.l. ,
It is therefore determined to be the public policy of the City of P1ar,,outh `
that the folloding standards and guidelines for the dedication of land for
park, playground, public open;sPace and storm water holding purposes (or Gash.
contributions in lieu of such dedication) -in the subdividing and developing ,
of land within the City shall be directly related to the density and -
intensity of each residential, c -ercial and industrial subdivision and
devel oFnent.
2. Subdividers and developers of residential land within the City of Plymouth
shall be required to dedicate to the City of Plyryouth for park, playground,
public open space and storm, %..ater holding purposes that amount of land equal
to the value of that percentage of land` within the development as set out
belot;:
k
r '
VNIELLUM G ,1TS PER ACRE LAND TO E QcDICATEQ
2; 12
3 14%
5.6 16% ,
7-8 ,18%
9-1 i 2011-12 ,
13-1421% ,
22% ,
For each unit` above 4.6 add .5
30.. Subdividers and developers of commercial and industrial: land within
the City ;of P!y, outjr sh.all.be required to dedicate at the tine the
property is developed and site plan approved to the City of P1yri=th
for park, playground* public open space and storm vtater•holding purposes.
that ar.ounk of lard having a value equal to ten percent of the land value
within the devolopncnt, or cash to lieu thereof-as provided In Paragraph 5.
In those-cases %here subdividers and developers of land within the City of
Plymouth provide a,;cnities, such as,, but not limited to, swimming pools,
tennis Courts, harRclball ccL,rts, bai;lrields, etc., within the development
forthe benefit of those resieir g or working thzr•Pin, and where, in the
Judgment of ahe City t,,anagen, such amenities significantly reduce the
demands ,for pubo is recreational fecil ides to .serve the ,development, there,,
and in that case, he mai' reco=nend to the Cit, Council that the amount
of land to be dedicated for park, playgr'ound., public open space and. storm
water holding purposes (or cash contributions in Lieu of such dedication)
w be'reduced by an count not to exceed. twenty-five percent (253) of the
araunt calculated above.
S. In those cases whereit is, determin_d that a cash contribution' shall be, trade
in lieu of land d£dication, it shahl be. understood that cash contributions
shall not exceed a raxirnin of $150 per d;pllin} unit for residential or
per acre foto lar being Subdivided or developedor commercial or in
purposes to meet the regUire,,e;tts of this pa ;. ,.
6. 7ha policy is to be construed as a part of and administered in conjunction,
Mi `h Section 7.06, Chapter Mof the. City ,Code..
See next page for examples..
I.
R
y
TTA?'E OF
7=.=DEPARTMENT
DNR INFORMATION
612) 246-6157
City Council
City of Plymouth
Plymouth, Minnesota
NATURAL RESOURCES
Cj c rn l
1 Vaq
planning staff forwarded a copy of Resolution 81-822 approving
concept of a public access on Bass Lalm with certain restrictions.
While we are pleasad you recognize the public's right to use pu'alc
water#, your resolution does not meet the criteria for a publi(; acce
established by the Metropolitan Council,; State planning Agency ))nd t
Department of Natural.Resources. The criteria require a.launed ramp
for trailered boats-- one parking place for each 20 acres of lake
surface.. (See Attached) Resolution 81-822 states there shall be no
change in the topography of the site which eliminates construction o
launch ramp or parking lot.
The Resolution.adopted also r stricts the access to small boats ani
canoes. The criteria states there can be no special regulations a,
the access that do not apply equally to all riparian boaters. If
apecial,regulations on the lake are necessary,, they can be adopted,
tbrough surface use zoning. A copy of the rules is attached.
Because of the controversy over using the Boyer Palmer site for an
access, we agreed to extend tae deadline for accepting his donation
until April 19 19811. In the meantim, we met withypur Parks and
Recreation Commission city staff and the Bass 'bake Improvement ,Association.
The recommendation froa this comittee was an alternative site on the
southwest side of the lake. We believe this site to be a reasonable
alternative. It will cause a uinimal amount of disturbance to the area,.
is vacant land, adjacent to a major street and physical characteristics
are acceptable except for water depth. Dredging for a ramp would be
required, due to poor water depth.
Citr Oouncil
city of Plymouth
xwmh,1911981
2-
V* have operated in good faith with all the parties involved. in
this acooss proposal. However, based on the Resolution, it does not
appear we we. any closer to a free and adequate public water access than.
3 or 4 sonths ago.
If the city does not agree to follow the criteria as previously stated for
an soctosq, we will have no alternative but to accept the Palmer donation.
Mr, Palmer gay* us aL deadline: of .April l 1980. We would appreciate a
response to our concerns as soon. as possible.
very tray Vis,
DaRAhD'4. CIlRLS0 1
Special Assistant to the Comminnioner
Trails Waterways Unit
Box 52 - Centomial Building
St. Paul, Minnesota 55155
612)296-4822
MC/'1MVrjb
CCs Cocmissioner Alexander
Stere Thorne
aren. laechler
Attacbosat
QVWXCM 03[r LOC Ir &XqX) TTIME3.&N .,&3Er2.&XnG
WISOTA STATE FLANNINC AGENCY • CAPITOL SQUARE BUILDING • M PAUL, MINNESOTA $5101 0 PHONE (6121238.2091
Manch 20, 1981
Eric Blank Director.
Parks: and Recreation
3400 Plymouth Boulevard
Plymouth, MN 554.47
1 `
t: „
j .
RE: 27-01078@A, East Medicine Lake Beach
City of Plymouth, Hennepin County
3i
Dear Mr. Blank:,
We are ,leased to inform you that the Heritage: Conservation and Recreation.
Service (HCRS) has recently approved a Land and.Water Conservation Fund.
LA CM) grant for the project identified above. The beginning date is
February 17, 1981. Therefore any expenses incurred after that date can be
charged against the project.
En,losed are four copies of the state/local agreement. Please have all four
copies signed by the: person authorized by the governing body to sign on behalf
of your unit of government. The. Precor:struction Certification, which is also
enclosed, is to be signed by the engineer or architect. Please return all
four copies (and the Preconstruct on Certificate) as soon as possible.. After
the agreeslent has been signed by the remaining parties: a copy will. be returned
to you for your files.
If you have any questions, please: call Peter W. Klose at 298-1145.
Sincerely,
0.140,1f1Jit4-V -s rsrvi e
Leland E. Newman, Director
Office of Local and Urban.Affairs.
eak
Enclosures
AK G"L. OPPORTUNITY EN1Pt.0YER
Q331PXC3 OF' McOC.A.L .&W3 TJlM MA&W .A.FFAIRB
MWISOTA. STATE PLANNING AGENCY s CAP1TOh SQUARE BUILDING i ST. PAUL. MINNESOTA 35101 • PHONE (412) 2%-3041
March 20, 1981
Eric Blank, Director'
Parka and Recreation
3400 Plymrxth Boulevard
Plymouth, MN 55447
RE: 27-01078@A, East Medicine Lake Beach
City of Plymouth, Hennepin County
Dear Mr. Blank:.
t C+t'Y C INICIL
FARX CIA44-KVi a .
CITY A"_VR R
lLairg
OAIE 4,.
Enclosed are four copies of the Agreement for State Grant -In -Aid for Outdoor
Recreation Projects to be used for outdoor recreation purposes.
Please have the authorized public officials for your project sign all copies
of the agreement and return all of them to this office within 30 days.
After we receive the signed agreement, it must be routed for the remaining
state signatures. When fully executed we will return one copy to you for
your files. At the same time we will take the steps which will. result in
the state grant beingsent directly to the treasurer of your unit of govern-
ment. The check for the state grant should be received about 7 to 10 working
days after you receive the fully signed grant agremmt.
Sincerely,
Je f Hanson, Grants Administrator
Parks and Recreation Crants Section
cak
Enclosures
AN E01 AL: OPPORTUNITY EMPLOYER