03/02/2009 Council Packet - Laserfiche WebLink

Home Search

February 24, 2009 Lino Lakes City Council 600 Town Center Parkway Lino Lakes, MN 5 503 8 RE: Minor Subdivision Escrow Our File No. 4021 -0001 Dear Council Members: R R M Ratwik, Roszak & Maloney, P.A. You asked that I respond to Mr. DeHaven's request for a refund of a portion of the $630.02 withdrawn from his minor subdivision escrow. For the reasons set forth below, I find the requirement of the escrow and the charges to the account to be appropriate. The processing of land use applications, such as the minor subdivision request, necessitates review by City staff for compliance with City ordinances. There is a cost to the City for the use of staff tune, whether that staff is a City employee or outside consultant. State law allows a city to prescribe fees to defray the costs incurred by it for reviewing and administrating an application as long as the fees have a nexus to the actual cost of the services. Minn. Stat. § 462.353, subd. 4. Note that actual costs are not only the direct salary costs but also a portion of benefits, the cost of supplies and equipment, and general overhead. For outside consultants, the cost is what the City is billed. The rationale for requiring the fees is that the public does not benefit from the proposed project and therefore should not pay for the costs associated with the application. This concept is reflected in Section 214 of the City Code, which requires the benefiting landowner to pay for the City's costs in processing the landowner's request. This is a very common provision that protects the City from having to bear the financial burden of private development. 730 Second Avenue South, Suite 300, Minneapolis, MN 55402 • p (612) 339 -0060 • f (612) 339 -0038 • www.ratwiklaw.com Paul C. Ratwik John M. Roszak Patricia A. Maloney* Terrence 3. Foy* Stephen G. Andersen ** Scott T. Anderson Kevin J. Rupp Jay T. Squires *t Ann R. Goering Nancy E. Blumstein* Joseph J. Langel* Michael J. waldspurger* Margaret A. Skelton Amy E. Mace Eric J. Quiring Kimberley K. Sobieck Sonya J. Guggemos Erin E. Ische Andrea N. Amidon Christian R. Shafer Trevor S. Helmers Matthew J. Bialick * Also admitted in w1 ** Civil Trial Specialist Certified by the MN State Bar Association t Real Property Specialist Certified by the MN State Bar Association