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submitted to the City after November 28, 1979 be <br />on the basis of $100.00 per unit unless the <br />condominium conversion is part of a subdivision <br />or development which has previously been assessed <br />for park charges and in that case there will be no <br />park charge and that the park charges be paid by <br />the person who is making the subdivision." <br />6. On January 9, 1980 the Little Canada City Council adopted <br />Ordinance 161 which amended Little Canada Municipal Code <br />Section 2101 by including non - subdivision developments as <br />being subject to the park charge and also amending Section <br />2101.050 to include condominium conversions as subject to <br />the park charge.Said ordinance became effective upon publication <br />which plaintiff believes to have been on or about January 15, <br />1980. A copy of said Ordinance 161 is attached hereto, <br />made a part hereof and identified as Exhibit A. <br />7. The inconsistencies between Council Resolution 79 -11 -537 <br />and Ordinance 161 make it difficult for plaintiff to <br />ascertain whether defendant is attempting to impose park <br />charges on plaintiff's apartment building because conversion <br />thereof to condominiums is a "subdivision" or if the park <br />charges are being imposed against plaintiff's apartment <br />building even though conversion to condominiums is not <br />a "subdivision." <br />8. Defendant's November 28, 1979 Resolution No. 79 -11 -537 <br />deems the conversion of an existing apartment building <br />to a condominium to be a "subdivision" thereby entitling <br />defendant to impose a land dedication requirement, or cash <br />in lieu thereof (park charge), as authorized by enabling <br />legislation, Minnesota Statutes Sec. 462.358. <br />9. Defendant's Ordinance 161 amended Little Canada Municipal <br />Code Section 2101.050 to impose land dedication requirements <br />or park charges on additional residential dwellings to be <br />constructed but which are "not part of a subdivision." <br />Section 2101.050 Subsection 4 applies park charges to <br />condominium conversions but specifically states, "It is <br />intended that this subsection be in accord with Council <br />Resolution 79 -11- 537." Said Resolution specifically deems <br />condominium conversions to be "subdivisions." <br />10. Minnesota Statutes do not authorize a municipality to take <br />private property in the form of land, or cash in lieu thereof, <br />unless the municipality adopts a subdivision ordinance which <br />is in accord with Minnesota Statutes Sec. 462.358. <br />2 <br />16 <br />