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the appropriate park dedication fee in this minor subdivision was <br />$1574. Staff is recommending that you approve 5305 resolution, <br />and resident Dan Danielson is in the audience if there are any <br />questions. <br />Dan Danielson, 8444 Greenwood Drive. Mr. Daniel requests <br />consideration on the amount of the actual park fee being quite <br />high. There have been prior subdivisions on this property in the <br />past. They have been residents of the City of Mounds View since <br />1962. I understand many of the adjoining communities and also <br />properties by the acre are approximately around $700 for a <br />typical park fee. Mr. Daniel requests consideration of <br />decreasing the amount of the actual park fee. <br />Mayor Coughlin asks Mr. Long if there is something in the code. <br />Mr. Long states he looked at the code and it is not an option. <br />It is a specified amount in the ordinance. Five percent of <br />market value on less than an acre, and 10 percent on parcels <br />bigger than an acre. <br />Mayor Coughlin stated this is the code and this is what must be <br />paid. Mayor Coughlin sympathizes with six prior subdivisions in <br />the same lot that is occurring. This is the code and we are here <br />to enforce the code. <br />David Jahnke, 8428 Eastwood Road. Question directed to the Mayor <br />to ask the attorney if the park fee has ever been challenged, or <br />any court case about a park fee? <br />Mr. Long indicated not to his knowledge in the City of Mounds <br />View. There have been challenges to park dedication fees in <br />other cities, I think typically, it was happening with commercial <br />developers buying to require that the City show the basis for <br />arriving at the cash value. Mr. Long states the cases he is <br />Mounds View City Council <br />January 25, 1999 <br />Page 9 <br />aware of, in Minnesota, all City ordinances have been upheld. <br />The cities have authority to do it, but the percentage is what <br />has been called to question in different cases. In some cities <br />there are higher requirements for dollar values and percentages, <br />and that has been subject to litigation. To Mr. Long s <br />knowledge, they have all been successfully upheld. <br />Julie Olson, 2663 Lake Court Circle. Ms. Olson stated in records <br />. to the park dedication dollar amount, when the City just got done <br />doing seven subdivisions on the O'Neil property, did Mrs. O'Neil <br />