2000-12-14 Memorandum Park Dedication
MEMORANDUM
TO: ALBERTVILLE CITY COUNCIL~ LINDA GOEB, CITY
ADMINISTRA TOR~
FROM: MIKE COURI, CITY ATTORNEY
SUBJECT: PARKS IDE COMMERCIAL PARK DEDICATION
DATE: DECEMBER 14, 2000.
On March 6, 2000, the City Council granted Pilot Land Development
preliminary and final plat approval on the Parkside Commercial Center plat,
consisting of two lots. At the time of the approval, the City's park dedication
ordinance called for a dedication of 10% of the value of the land at the time of
platting. At the time of the approval, Pilot Land Development Company had a
contract for the sale of one of the lots to Casey's General Stores for a set price
(which also set the park dedication fee for this lot), but did not have a prospective
purchaser for the other lot. At the same March 6, 2000 meeting, the City Council
authorized the acceptance of a letter of credit from Pilot to secure the park
dedication for the second lot. On April 3, 2000, a Developer's Agreement
containing this language was approved by the City Council. Casey's later
withdrew and the Developer's Agreement was never signed or recorded.
Also at the April 3, 2000 meeting, the City Council set ajoint meeting with
the planning commission to study, among other things, park dedication fees (that
meeting was set for May 9, 2000). On July 5, 2000, the City Council passed a
motion applying any reduction in park dedication fee requirements to commercial
and industrial property platted during the park dedication fee study period. On
August 21, 2000, the City Council reduced the park dedication fees to $7,385 for
commercial and industrial properties.
In talking to Don Jensen in September of this year, I suggested that he
request that the City Council clarify whether the reduced park dedication fee
applies to the Parkside Commercial property, which was granted formal plat
approval prior to the joint Council/Planning Commission park dedication fee
meeting of May 9,2000. In December of this year I again suggested to Don that
he bring this issue to the cutTent City Council prior to Council member changes
that will occur on J anuaIY 2, 2001. Don' s letter dated December 7, 2000 to the
City followed.
From the above time-line, it is unclear when the City's park dedication fee
study began. Is it the Council's intent that the reduced park dedication fee apply
to Parkside Commercial Center?
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PILOT
LAND DEVELOPMENT COMPANY
December 7, .2000
Mr. Mayor & Council Members
City staff
CIa Ms. Linda Goeb
City Administrator
AJbe~lk,~ 55301
RE: Parkside Commercial Center plat & CUP
Dear :Mr. Mayor, Council, Staff & Commission members:
Pilot Land has previously submitted plans for the proposed Parkside Commercial Center, which was
approved for subdivision this year. At the time our draft development agreement was reviewed by
Council, a debate was begun regarding how park dedication fees were to be charged for Commercial
property. Over the last three months, we have patiently waited for our development agreement to be
amended to match the City agreed upon rates as it related to this project. To date, it has still not
happened.
We request the following in order to finalize the development agreement to record on December 20th:
1. Please amend the proposed park dedication fees for Lot 1, Block 1 of Parks ide Commercial to the per
acre rate.
2. Review the applicability of the per acre rate against Lot 2 in light of the existing 1.5 Acre wetland
and required 3\4 acre water quality pond. We believe that the acre fee should be calculated against
the usable acreage, not gross. This would create a park dedication obligation of between 3.5 to 4.33
acres times the commercial rate, paid in order to release the plat for recording.
Currently, we have re-entered into an agreement with Casey's General Stores for Lot 1, Block 1. Casey's
will separately submit plans for their store on Lot 1. Pilot will coordinate the required ofIsite plans such
as the grading of a water quality pond and storm sewer piping. Pilot will be responsible for park
dedication fees in order to record the plat. Plans submitted have been previously reviewed with staff.
Please schedule us on the December 18th meeting and contact me if you have any questions about the
project.
Cc:
Cindy Shennan -NAC
John Wilczek - Meyer Roblin Charles Twedt - Casey's
Pete Carlson - SEH
Attachments:
plat, concept plan, development agreement park dedication pages.
\\ServerOl\don\LANDDEV\LETfERS\PROJECTS\ALBRTVLE\COMMERC1\PSIDCOMM.DOC
13736 Johnson Street NE . Ham Lake, MN 55304 . 763-772-1001 . Fax: 763-757-4094
1-18-00
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PRELIMINARY PLA T
FOR
P ARKS/DE COMMERCIAL CENTER
ALBERTVILLE, MINNESOTA
GRADrNG PLAN
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A. In the case of default by the Developer, its successors or assigns, of any of the
covenants and agreements herein contained, the City shall give Developer
thirty (30) days mailed notice thereof (via certified mail), and if such default
is not cured within said thirty (30) day period, the City is hereby granted the
right and the privilege to declare any deficiencies governed by this Agreement
due and payable to the City in full. The thirty (30) day notice period shall be
deemed to run from the date of deposit in the United States Mail. Upon
failure to cure by Developer, the City may thence immediately and without
notice or consent complete some or all of the Developer's obligations under
this Agreement, and bring legal action against the Developer to collect any
sums due to the City pursuant to this Agreement, plus all costs and attorney's
fees incurred in enforcing this agreement. The City may also specially assess
all said costs incurred upon default against the properties in Said Plat pursuant
to the terms of this agreement.
B. Notwithstanding the 30-day notice period provided for in paragraph 11(A)
above, in the event that a default by Developer will reasonably result in
irreparable harm to the environment or to public property, the City may
immediately exercise all remedies available to it under this agreement in an
effort to prevent, reduce or otherwise mitigate such irreparable harm,
provided that the City makes good-faith, reasonable efforts to notify the
Developer as soon as is practicable of the default, the projected irreparable
harm, and the intended actions of the City to remedy said harm.
C. Breach of any of the terms of this Contract by the Developer shall be grounds
for denial of building permits and/or occupancy permits until said breach is
remedied.
12. Dedications to the City.
A.
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Developer acknowledges and agrees that it must satisfy the City's park r -
dedication requirements for Said Plat, which currently are J..QIYc)of the cash
value of land in Said Plat at the time of platting. Developer agrees to
provide the City with a letter of credit in the amount of $
as security for the park dedication due on the plat. Said letter of credit shall
remain open for a minimum of one year. Developer and City anticipate that
within said one-year period, the lots in Said Plat will be sold, in which case
the sale price of said lands (less the park dedication owed) shall constitute
the value of said lands for park dedication purposes, provided the sale( s)
constitute arm's length transactions. Upon the sale of said lands, the
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. .x /) . ~ t:veloper shaIl pay 10% of the sale price of said land to the City as park
\))\ 1/ dedication fee, plus 5% annual interest on said park dedication fee. In the
event that any portion of Said Plat is not sold within one year, the City shall
have the unsold property in Said Plat appraised at Developer's expense by
William Waytas (appraiser), and said appraisal shall be deemed to be the
value of the remaining land for park dedication purposes. Within 30 days
of receipt of said appraisal, Developer shall pay 10% of the amount of the
appraisal, plus 5% annual interest to the City in satisfaction of Developer's
park dedication requirements for Said Plat.
B. Developer agrees that prior to and after all utility easement dedications to
the City, Developer shall remain responsible for all maintenance required of
the drainage pond shown on Exhibit C.
13. Phased Development. If the plat is a phase of a multi-phased preliminary plat, the City
may refuse to approve final plats of subsequent phases until public improvements for all
prior phases have been satisfactorily completed. Development of subsequent phases
may not proceed until Development Contracts for such phases are approved by the City.
Approval of this phase of the Development shall not be construed as approval of future
phases nor shall approval of this phase bind the City to approve future Development
phases. All future Development phases shall be governed by the City's Comprehensive
Plan, Zoning ordinance, Subdivision ordinance, and other ordinances in effect at the
time such future Development phases are approved by the City.
14. Indemnity. Developer shall hold the City and its officers and employees harmless from
claims made by Developer and third parties for damages sustained or costs incurred
resulting from Said Plat approval and development. The Developer shall indemnify the
City and its officers and employees for all costs, damages or expenses which the City
may payor incur in consequence of such claims, including attorney's fees. Third parties
shall have no recourse against the City under this contract.
15. Assignment of Contract. The obligations of the Developer under this Contract cannot
be assigned without the express written consent of the City Council through Council
resolution.
16. Limited Approval. Approval of this Agreement by the City Council in no way
constitutes approval of anything other than that which is explicitly specified in this
Agreement.
17. Professional Fees. The Developer will pay all reasonable professional fees incurred by
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