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Item No: 4 <br />Meeting Date: Feb 19, 2002 <br />Type of Business: Worksession City of Mounds View Staff Report <br />To: Honorable Mayor and City Council <br />From: James Ericson, Community Development Director <br />Item Title/Subject: Review and Discussion Regarding Section 1204.02 <br />Date of Report: Feb 13, 2002 <br /> <br />Background: <br />At a recent City Council meeting, the requirements of the Park Dedication Fee were <br />briefly discussed. I thought it would be a good idea to briefly review this section with the <br />Council and seek input as to whether these requirements need any revision. This <br />Section is attached for your review. <br /> <br />Discussion: <br />This part of the Code was last revised in 1997 with the adoption of Ordinance 604. The <br />revisions were put into effect at the suggestion of the City Attorney, who had some <br />concern regarding the legality and enforceability of the then-existing code. Developers <br />have litigated the issue of Park Dedication fees, yet if the fee is reasonable and related to <br />the impact of the development, the fees are generally upheld as valid. <br /> <br />There are two changes staff would recommend making, if changes are to be made, and <br />one subdivision that the Council should review regarding allowed expenditures: <br /> <br />1. Subd. 2 requires that the Park and Recreation Commission review all subdivisions <br />where a dedication would be applied. Staff has not brought a subdivision to the PRC <br />since 1996, partly because the Park and Rec Director at the time instructed that the <br />PRC would ALWAYS be in favor of the maximum cash dedication, as no additional <br />park land was desired. Should requirement be eliminated? <br /> <br />2. Staff would suggest that a dedication NOT be applied in instances where the purpose <br />of the subdivision is simply to change a lot line, where no additional development <br />would be contemplated or possible. There has to be a reasonable connection <br />between the fee imposed and the impact to the city’s facilities. <br /> <br />3. Subdivision 1b lists the types of expenditures that can be made within the park <br />dedication fund. While the list is pretty broad, does it adequately represent the <br />Council’s park spending philosophy? <br /> <br />Recommendation: <br />Review and Discuss attached Section 1204.02, Park Dedication Requirements. <br /> <br /> <br />_____________________________________ <br />James Ericson <br />Community Development Director <br />Section 1204.02, Park Dedication Requirements.