11-13-1990 Information Items - Council Meeting

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Mr. Lee Ashenbeck f roir the Long I.ake Park Commssion then a|;peared and made some brief comments concerning Long Lake boat access monitoring. A short discussion foJJowed concerning jet skis. It appeared that both the City of I.ong Lake and the City of Orono would have to approve any joint ordinances for that lake because the lake is in both jurisdictions. Once that is done, the DNR would also have to aj-prove any final ordinances for use on that lake. More information is going to be obtained, including the Long Lake ordinance, which is already drafted and can he reviewed. Dick Flint asked that John Gerhardson get a coi. y of that ordinance for our review before the next meeting. 3. PARK DEDICATION FEE ORDINANCE. There was a discussion concerning the recently adopted park dedication fee ordinance. Jim Gilbert and Dick Flint met as a subcommittee meeting last week to discuss the concerns of one of the developers in Orono, and also the opinion of the City ^^^otney of Orono. There was also a discussion about the valuation process used by the current appraiser. First of all, in regard to Ordinance Sectior 11.62, subd. 2 (f), which relates to previously subdivided property not having P>^®viously paid a fee, there was a recommendation for amendment. The ordinance, as drafted, recommended that if one lot previously subdivided had not previously paid a park dedication fee, upon the application for a building permit, they would th^n be called upon to pay the new fee in effect based on the value of the property at the time of the initial subdivision. Thiu provision was used in two other municipal ordinances, namely the cities of Greenfield and Minnetrista. However, the City Attorney felt that there was not appropriate authority for this provi’sion, pursuant Minn. Stat. 462.356. That statute appears to allow a city to impose dedication requirements on proposed subdivisions. It is not a retroactive situation and, if one was grandfathered in before, the City apparently does not have authority to impose the new fees at this point in time. Accordingly, upon motion by James Gilbert, seconded by Dick Flint, it was unanimously approved to recommend that Section 11.62, subd. 2 (f) be deleted from the Ordinances by the City Council. Additional policy guidelines will be addressed at the next commission meeting for recommendations to be sent to the City Council.