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Agenda - Council Work Session - 08/27/2013
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Agenda - Council Work Session - 08/27/2013
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Meetings
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Agenda
Meeting Type
Council Work Session
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08/27/2013
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Minn. Stat. § 475.521. <br />Minn. Stat. § 462.358. <br />LMC information memo, Zoning <br />Guide for Cities. <br />Handbook, Chapter 21. <br />Minn. Stat. § 462.358, subd. 2b. <br />Ruzic v. City of Eden Prairie, 479 <br />N.W.2d 417 (Minn. Ct. App. 1991). <br />LMCIT risk management memo, <br />Subdivisions, Plats and <br />Development Agreements. <br />Minn. Stat. § 462.358, subd. 2b. <br />HANDBOOK FOR MINNESOTA CITIES <br />CHAPTER 25 <br />D. Capital improvement <br />Cities may issue capital improvement bonds for specific purposes. It is <br />essential that cities follow statutory procedures (such as providing notice <br />and a public hearing) when issuing this, or any, type of bond. In this <br />context, "capital improvement" means acquisition or betterment of public <br />lands, buildings, or other improvements for the purpose of a city hall, town <br />hall, library, public safety facility, and public works facility. An <br />improvement must have an expected useful life of five years or more to <br />qualify. Three -fifths of the members of a five- member governing body <br />must vote to approve the bonds. In the case of a governing body having <br />more or less than five members, at least two - thirds of the council must vote <br />to approve them. Capital improvement does not include light rail transit or <br />any activity related to it, or a park, road, or bridge. City halls or town halls <br />qualify as capital improvements as well as the land for any of these public <br />facilities. These bonds are not subject to a vote unless voters petition for a <br />reverse referendum. <br />V. Land use related tools <br />A. Development contracts <br />Cities may, by ordinance, regulate subdivisions of land encouraging orderly <br />development and planning for all the related necessities such as streets, <br />parks, water, sewer, stormwater, and open spaces. City authority to adopt a <br />subdivision ordinance includes setting out the standards and requirements <br />to subdivide land in the city. As part of this process, cities may enter into <br />development contracts requiring that a developer install local <br />improvements in a new subdivision. Or, the city may enter into an <br />agreement with a developer, requiring that the developer pay the special <br />assessments if the city puts in the improvements. Development agreements <br />are sophisticated, legally binding contracts that may govern everything <br />from lampposts to financial protections for the city and the developer. Seek <br />legal advice from the city attorney long before entering into a development <br />agreement. <br />B. Land and park dedication or fees <br />As another way to fund local improvements in a newly developing area, a <br />city subdivision ordinance may require that a developer dedicate a <br />reasonable portion of buildable land of any proposed subdivision to the <br />public for use as: <br />• Streets, roads, sewers, electric, gas, and water facilities, stormwater <br />drainage and holding areas or ponds, and similar utilities. <br />• Parks, certain recreational facilities, playgrounds, trails, wetlands, or <br />open space. <br />This chapter last revised 12/1/2012 <br />25:11 <br />
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