Agenda Packets - 2004/04/12 - Laserfiche WebLink

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Kennedy Scott J. Riggs 470 Pillsbury Center 200 South Sixth Street Minneapolis MN 55402 & Graven (612) 337-9260 telephone (612) 337-9310 fax sriggs@kennedy-graven.com C H A R T E R E D MEMORANDUM TO: Honorable Mayor and Council Members of the City of Mounds View DATE: April 7, 2004 RE: Park Dedication Process Review In response to the City Council’s request for a legal opinion regarding the current park dedication process in the City of Mounds View (the “City”) and legal challenges associated with its potential revision, please note the following information and recommendations. Park dedication process in general In Minnesota, cities may adopt regulations requiring subdivisions to dedicate a portion of their land to the public use for parks pursuant to statutory authority in Section 462.358, subdivision 2b of the Minnesota Statutes. Cities may also accept cash in lieu of land. In determining the reasonable portion to be dedicated, cities may consider • the municipal need to acquire that portion of land as a result of approval of the subdivision; and, • the open space, park, recreational, or common areas which the applicant proposes to reserve for the public within the subdivision. Establishing a park dedication fee in lieu of the land may be broken into the following components: • a “reasonable” amount; • of all the land within the subdivision; • based on its fair market value; • at a time no later than the time of final approval. Chapter 1204 of the City’s code of ordinances was adopted pursuant to Section 462.358 of the Minnesota Statutes. The ordinance allows the City to require dedication of a “reasonable portion of each proposed subdivision” for “public use as parks, playgrounds, public open space, wetlands or storm water holding areas or ponds.” It also gives the City an option to accept cash in lieu of