10/03/1994 Park Board Packet - Laserfiche WebLink

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KN OW', ? cash in lieu of the land. Under the place on new development,it is Dedication subdivision regulations,cities often important to consider that government requirements for require developers to put in place may not require a person to give up a public improvements such as roads, constitutional right in exchange for a developments sewer,and water and then dedicate discretionary benefit conferred by the these to public use. government where the property sought cause new While these regulations are still by the government has little or no f, permitted,the United States Supreme relationship to the benefit. There must concern Court recently issued an opinion which be"an essential nexus"existing requires cities to justify the conditions between the legitimate state interest imposed on developers. Although the and the permit or zoning condition. If CARL,A HEYL U.S.Supreme Court was considering this essential nexus exists,the court will conditions placed on building permits then examine the regulation to under Oregon law in Dolan v. City of determine whether the degree of f Tigard,the same rationale will be exaction under the subdivision regula- nder Minnesota law,cities applied to Minnesota cities in deter- tion bears the required relationship to can require subdividers mining that the conditions they impose the projected impact of the proposed requesting platting or on new development are justifiable and development. replatting of land to permissible under the United States What does an"essential nexus"and dedicate land for parks, Constitution. the"required relationship"mean to public open space,storm In considering what restrictions and specific cases in Minnesota? In the water holding areas or to contribute dedication requirements a city may Oregon case,the U.S.Supreme Court Providing Public Finance Greater Protection-By-Annual Attention Solutions for Nearly A Proven Yearly Maintenance E Half a Century Plan For Your Elevated •Represent issuers on competitive and negotiated WatertowerS general obligation and revenue bond issues. •Coordinate capital improvement program preparation. Servicing Municipalities •Develop cash flow modeling for capital projects. Since 1921 • Evaluate refunding and restructuring of bond Issues. l • Develop debt management policies. WatertOwer Paint& Repair Co., Inc. •Review economic development and "The Tank With the Red Roof" j public/private partnership projects. i Providing dependable service to municipalities since •Assist in referendum approval of capital 1921 and offering the experience,skilled workmen, projem• adequate insurance coverage and the best of equipment and materials to perform the highly specialized trade of painting and repairing elevated watertowers.Prompt z SPRINGSTED service on emergency winter work. PUBLIC FINANCE ADVISORS Interior Inspection By Color 85 East Seventh Place,suite 100 Video Camera Available. Saint Paul,Minnesota 55101-2143 (612)223-30M Area Code P.O. Box 67 515-357-2101 Clear Lake, Iowa 50428 Saint Paulo Milwaukes•Minneapolis*Kansas City-Washington, Member of American Waterworks Association