HomeMy WebLinkAbout79-016
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STATE OF MINNESOTA
COUNTY OF RAMSEY
CITY OF ARDEN HILLS
RESOLUTION NO. 7'-/0
RESOLUTION RELATING TO ACCEPTANCE OF CASH
CONTRIBUTION IN LIEU OF PARK DEDICATION
MADE BY EAST SIDE BEVERAGE PURSUANT TO
SECTION 22-9 ChI OF THE ARDEN HILLS CODE
OF ORDINANCES
WHEREAS, PHILIP T. RESHA and WILLIAM F. FARHET, SR.,
d/b/a EAST SIDE BEVERAGE CO., hereinafter referred to as "East
Side", are developing a 5.19 acre tract of land located on
Grey Fox Road in the City of Arden Hills, and
WHEREAS, East Side has indicated to the City that as
many as 10 to 15 families will move into the City as a result
of East Side's development and approximately 70 employees will
work at East Side's facility in the City, and
WHEREAS, both the families who will be moving into
the City and the employees of East Side will utilize the City's
park facilities and program, and
WHEREAS, it has been a long established policy of the
City's Parks and Recreation Department to provide facilities,
programs and services not only for residents of the City but
also persons who are employed by businesses located within the
City, this policy being consistent with statewide parks and
recreation policy, and
WHEREAS, employees of other businesses in the City of
Arden Hills participate in the softball, volleyball, broomball,
soccer, and basketball leagues established and conducted by the
City; take golf and tennis lessons offered by the City; use the
City's parks for picnics and unstructured athletic activities;
and utilize the City's system of walking and jogging paths, and
WHEREAS, commercial and industrial developments augment
the flow of storm water drainage from the sites on which they
have been located and usually because they consist of a preponder-
ance of impervious surfaces they create a greater flow of storm
water drainage than residential developments, which usually con-
sist of a preponderance of turfed areas, and
WHEREAS, Section 22-9(b} of the Arden Hills Code
requires that, among others, commercial and industrial developers
such as East Side must, in connection with their development of
land within the City, either dedicate a certain proportion (not
to exceed 15%1 of their development tract to the City for park,
recreational, open space or storm drainage purposes or pay an
amount in cash equal to the product of the percentage of land
required to be dedicated multiplied by the undeveloped land value
of the development tract, and
WHEREAS, the City Council has determined that no portion
of the development tract would be suitable for dedication because
of its locale and size and because the City has established parks
which are available for use by employees of East Side and are only
a five minute drive from East Side's facility, and
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WHEREAS, the city council has accordingly required the
cash equivalent of East Side's dedication of land, and
WHEREAS, because East Side's development will increase
the number of residents and workers who will be utilizing the
city's parks and recreational programs, a requirement that East
Side dedicate 10% of its development tract--which is the applic-
able requirement for a low density residential subdivision--
would not be unreasonable, and
WHEREAS, in determining the cash contribution which is
equivalent to a dedication pursuant to Section 22-9 (b1 (41 and (5)
the city Council has determined that the undeveloped land value
of the development tract is the sum of $33,082.85 per acre, that
10% of the number of developable acres in the development tract
(i.e., 4.89 acres) is .489 acres, and that the cash contribution
to be made by East Side (i.e., the product of $33,082.85 and
.489) is the sum of $16,177.51, which East Side deems to be a
reasonable figure, and
WHEREAS, East Side takes issue with the applicability
of Section 22-9(b) to its development and wishes to seek a
judicial determination of the validity of such Section and its
applicability to its development tract, and
WHEREAS, East Side wishes to pay the aforesaid cash
contribution to the City under protest in order to secure a
certificate of occupancy and to be assured that by making such
contribution it will not be deemed to have waived its right to
seek a judicial determination of the validity of the aforesaid
Section and applicability thereof to East Side's development
tract,
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Arden Hills
city council that East Side's payment under protest of the sum of
$16,177.51 as its cash contribution in lieu of dedication pur-
suant to Section 22-9(b1 of the Arden Hills Code is hereby
acknowledged.
BE IT FURTHER RESOLVED that the Clerk-Administrator of
the City is hereby authorized and directed to issue to East Side
a certificate of occupancy upon confirmation by the city staff
that improvements on East Side's property are in compliance with
all applicable City requirements.
BE IT FURTHER RESOLVED that the Arden Hills city
council understands that East Side, by making the aforesaid
contribution under protest, is not agreeing that the aforesaid
Section is valid or applicable to it or its development tract
nor will it have been deemed to have waived its right to seek a
judicial determination of the validity and applicability of said
Section.
Passed by the City council this 30th day of April, 1979.
(Jl~yq;;W~L.
Charlotte McNiesh,
Clerk-Administrator
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