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City Council Ordinance 501ORDINANCE NO. 501 CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA AN ORDINANCE AMENDING CHAPTER 11 OF THE MONTICELLO CITY CODE, KNOWN AS THE SUBDIVISION ORDINANCE, BY PROVIDING FOR PARK DEDICATION REQUIREMENTS THE CITY COUNCIL OF THE CITY OF MONTICELLO HEREBY ORDAINS: Section 1: Section 11-6-1 is hereby amended to read as follows: 11-6-1: DEDICATION REQUIREMENT (A) Pursuant to Minnesota Statutes 462.358, Subdivision 2b, the City of Monticello shall require all developers requesting platting or replatting of land in the City of Monticello to contribute an amount of land for public park and trail purposes. The location of said land shall be at the discretion of the City Council. The amount of said land shall be reasonably commensurate with demand that the platting or replatting places on the City park system, as described in the Comprehensive Plan. For purposes of this section, an amount of land equal to eleven percent (11 %) of the total gross land area of the plat shall be presumptively defined as "reasonably commensurate." In the event that the subdivider objects to the eleven percent (11%) standard, the City shall, at the developer's request and expense, conduct a specific dedication study of the park system and the demand placed on the system by the proposed plat. Prior to conducting the study, the City shall obtain a waiver of statutory time lines for plat approval during the conduct of the study. No approval of final plats, nor construction of any improvements, shall occur until the park dedication study is completed. In lieu of land dedication, the City Council may require a cash contribution in accordance with Minnesota Statutes, or a combination of both. The City Council's decision on land and/or cash shall be made following recommendations from the City's Park Commission and staff, in accordance with the Comprehensive Plan. (B) In accordance with Minnesota Statutes, where the City Council determines that the park dedication requirements shall be paid in a cash contribution, the amount of said contribution shall be based on the market value of the raw land not later than at the time of final plat. The City may require that the subdivider provide an appraisal to determine the market value. In the alternative, the City may, by Ordinance, establish a fee per residential unit that will meet the cash dedication requirement. The determination of the appropriate fee calculation shall be made by the City Council. Section 2: This ordinance shall take effect and be in full force from and after its passage and publication. Adopted by the Monticello City Council this 22"d day of June, 2009. ATTEST: Clint Herbst, Mayor Jeff O'NSA Administrator