(A) Findings and policy declaration. It is necessary and consistent with the Comprehensive Plan of the city and it is further in the interest of the health, welfare and safety of the people of the city that the city promulgate and establish a new Park Land and Recreational Area Acquisition and Development Program; that it is equitable and consistent with the benefits received that the owners of land upon which new residential dwelling units are to be constructed be assessed and pay for a portion of the cost of the acquisition and development of new park land and recreational area.
(B) Terms of payment and consent assessment option.
(1) All such assessments shall be paid to the city prior to the issuance of any building permit except that the record owner of the land upon which the building permit is to be issued may, at his or her option, elect and consent to have such assessment placed on the tax rolls against such property for a period of 10 years as a special assessment to be collected and paid in the same manner as provided in M.S. § 429.061, as it may be amended from time to time, for the collection and payment of special assessments for other improvements. Such an assessment shall be called a "Consent Assessment." On or before November 15 of each year, the City Building Inspector shall prepare and present to the Council a Consent Assessment Roll containing all such consent assessments spread over 10 equal annual installments, together with interest thereon at the same rate that regular special assessments for other improvement projects are required to bear in that year.
(2) Any owner electing such consent assessment shall execute a consent assessment agreement in a form consistent with this section and prepared and furnished by the City Finance Director. Upon the execution of such agreement, the owner shall be conclusively deemed to have waived, on behalf of himself or herself, his or her heirs, successors and assigns, any and all right to hearings or notices of hearings on the consent assessment and any and all right to contest the consent assessment in any way before the Council or before any Court of competent jurisdiction. The owner shall thereby further waive any objection to the consent assessment or to the use of any funds derived thereby by reason of unequal apportionment of benefits accruing to his or her land or the total absence thereof. All matters of location, purchase, condemnation or improvement of any land for park land or recreational areas shall remain the sole and exclusive prerogative of the city and this section shall not require the city to acquire or develop lands in any particular location for such purpose. In no event, however, shall any owner waive any rights he or she may have with respect to the condemnation of lands owned by him or her or her.
(C) Park Land Fund - restricted use. There is established the Park Land Fund which shall consist of any and all assessments collected hereunder, together with such amounts as may from time to time be placed in such Fund upon act of the Council. Park land funds shall be used and disbursed solely and exclusively for the acquisition, development and improvement of any park land or recreational areas acquired by the city after the effective date of this section.
(D) Comprehensive Park Plan. The Council, upon the recommendation of the Planning Commission, may establish, adopt and from time to time update a Comprehensive Park Plan for the city which shall locate and identify proposed parks and recreational areas for neighborhood use and for city-wide uses and benefits. Such plans shall take into account the residential growth of each particular neighborhood area of the city as well as the recreational needs of the city as a whole. Whenever the Comprehensive Park Plan shows the proposed park or recreational area partially or completely within a proposed subdivision, the preliminary and final plats of said subdivision shall show the proposed site and the city shall have 1 year from the date of approval of the final plat by the Council in which to purchase said land or to initiate condemnation proceedings with respect thereto.
(1975 Code, § 2.72) (Ord. 472, passed 7-7-1969; Am. Ord. 489, passed 4-20-1970)