03/06/1995 Park Board Packet - Laserfiche WebLink

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TKDA TOLTZ,KING,DUVALL,ANDERSON AND ASSOCIATES,INCORPORATED ENGINEERS•ARCHITECTS• PLANNERS 1500 PIPER JAFFRAY PLAZA 4"CEDAR STREET SAINT PAUL,MINNESOTA55101-2140 PHONE:612292-4400 FAX'612292-0083 MEMORANDUM Marty Asleson To: Parks Superintendent Reference: Park Dedication Requirements Randy Schumacher, Copies To: City Administrator, _ Lino Lakes,Minnesota Bill Hawkins, City Attorney From: John Powell i Date: March 6, 1995 Commission No. 10414-950 Recently, I attended a seminar on Land Development specifically relating to the impact of a recent US Supreme Court decision regarding land dedication requirements. Attached are copies of the presentation notes from the panelist specifically discussing the impact on park dedication. My general comments are as follows: 1. Minnesota State Statutes allow cities to promulgate rules for land subdivision including requiring subdivisions to dedicate land for public uses such as streets,utilities, drainage,or parks. 2. The land dedicated must be a "reasonable portion" having a "reasonable relationship" to the proposed subdivision. 3. "A dedication requirement is reasonable if the requirement is no more than what is borne by other developers. If it is unreasonable, the dedication requirement is a taking." 4. It appears Minnesota may not be as affected by the Dolan decision as some other states because the "reasonable relationship" standard already used in Minnesota is similar to the"rough proportionality" standard indicated in the Dolan case. 5. The City may want to consider refining its Comprehensive Park Plan to determine specific service areas for each park and the total cost of the proposed park system. This has likely been done informally as part of the plan preparation; formal documentation of this information may be useful in the future. 6. The recent court decision appears to be more applicable to cities who overstep their bounds in dedication requirements and has less impact on cities requesting reasonable dedications. I have provided my comments on this topic strictly from a layman's point of view. You must consult the n City Attorney for a formal opinion on what impact, if any, the recent Supreme Court decision has on the City. You may also want to clarify what statute authority the City has when requiring park dedication from commercial-industrial developments.