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ARDEN HILLS CITY COUNCIL - February 25, 2008 6 added the Planning Commission unanimously recommended approval of the Preliminary and Final Plat subject to the ten conditions contained in the planning case report. Councilmember McClung requested further information regarding the park dedication fee. City Planner Lehnhoff explained that when staff first reviewed this property, the value was approximately listed at $30,000 which seemed low for the property; as a result, staff requested an appraisal which determined the current value of the entire property to be $250,000. He stated that state statutes require the City to use the value of the property prior to execution of the final plat when determining park dedication fees, resulting in a maximum park dedication fee for the entire property of $17,500 or $4,375 for each of the lots; however, the City can only charge the fee for three net new lots and exempting one of the lots reduces the maximum park dedication fee to $13,125. He added that staff compared the proposed park dedication fee to recent plat approvals and noted the City cannot go higher than seven percent of the property's land value at the time the final plat is approved based on the subdivision code. He stated at $4,375 per lot, the park dedication fee for Christensen Estates is below the average park dedication fee required in other recently approved plats; however, to stay in conformance with City Code and state statutes, the park dedication fee cannot be raised higher than $4,375 for each of the three net new lots. He indicated the park dedication fee can be reduced by the City Council if deemed appropriate; staff is not recommending reducing the park dedication fee and the applicant is aware of the park dedication fee. Councilmember Holden asked if there were any additions or revisions to the ten conditions. Planner I Beekman stated that the Preliminary Plat approved in July 2007 contained a condition that the Final Plat must be submitted within 90 days of approval of the Preliminary Plat; that condition was removed. She stated that the Preliminary and Final Plat now contain a condition that the lots must meet any landscape and tree preservation requirements, as well as a condition that the lots shall not be graded or cleared prior to the issuance of building or grading permits for a particular lot. Councilmember Holden stated the landscape and tree preservation ordinance has not yet been adopted by the City Council and asked how a developer could be required to comply with a regulation that is not currently in place. Planner I Beekman stated the development of the lots will have to be in accordance with any regulations in place at the time of submittal. City Planner Lehnhoff stated the reason for the condition is to make certain the applicant is aware of the pending landscape and tree preservation ordinance. Mayor Harpstead asked if any trees could be removed from the property prior to obtaining a permit.