03/05/2001 Park Board Packet - Laserfiche WebLink

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• • STATUTE / CASE LAW The City authorized this study to be conducted by NAC to review current regulations and dedication requirements to determine if current practices are adequately providing for existing and future anticipated park and trail demands. This Report will summarize the objectives of the 1992 Park Comprehensive Plan and provide updated inventory information to establish a base line for future dedication needs. Factors including property valuation, service area needs, facility cost analysis, future development and implementation strategies will be reviewed. Recommendations will be set forth establishing mechanisms for the City to provide park and trail facilities in a manner that meets Comprehensive Plan goals, establishes a relationship between park /trail need and development impact and that will accomplish the system in an equitable manner, consistent with Minnesota Statutes and recent case law. Minnesota Statutes — Park Dedication Minnesota Statutes 462.358 Subd. 2b., provides the enabling legislation that allows municipalities to extract parkland or cash dedications for park acquisition and development. The statute specifically provides: "that a reasonable portion of any proposed subdivision be dedicated to the public or preserved for conservation purposes or for public use as parks, recreational facilities, playgrounds, trails, wetlands, or open space." The statute further provides that the municipality may: a. choose to accept an equivalent amount rin,cash from the applicant for part or all of the portion required to be dedicated to such public uses or purposes based on the fair market value of the land no later than at the time of final approval, b. any cash payments received shall be placed in a special fund by the municipality used only for the purposes for which the money was obtained, c. in establishing the reasonable portion to be dedicated, the regulations may consider the open space, park, recreational, or common areas and facilities which the applicant proposes to reserve for the subdivision, and d. the municipality reasonably determines that it will need to acquire that portion of land for the purposes stated in Subd. 2b. as a result of approval of the subdivision. Collis v. City of Bloomington (1976) The statute described above was further interpreted by the case of Collis vs. City of Bloomington. In this case, the Minnesota Supreme Court upheld the constitutionality of Bloomington's Ordinance, which set forth a ten (10) percent park dedication requirement "as a general rule." The Court found for this particular case and developer /project, that "as a general rule, it was reasonable for the City to require dedication of ten percent of land or payment of ten percent of the value of undeveloped land for park dedication." The Court noted that the ten percent requirement might be arbitrary as a matter of law because it does not consider the relationship between the 3 of 14