CC WORKSESSION 10042005 - Laserfiche WebLink

Home Browse Search

Council does need to be aware that Minnesota Statutes requires that an increase in park dedication fees must comply with the "Nexus Test." The requirement of the Statute establishes that a municipality must reserve and use a reasonable portion of the fee for a related public purpose such as parks, recreational facilities, streets, roads, sewer or storm water improvements and cannot be excessive beyond the scope of the intended improvements. The Statute also prevents cities from redirecting or transferring the funds for other uses and the funds collected through dedicated fees must be used for their intended purpose. Based on St. Anthony's use of current park dedication fees the City is in compliance with the Statute (100% of the monies are going to park and public improvements). However, the current fee structure is much lower than the fair market or average fee charged In addition, staff contacted Jerry Gilligan from Dorsey & Whitney. He indicated that given the amount that the City has paid in park improvements, the costs necessary to maintain those parks and our current fee structure the City can easily justify an increase in fees. Recommendation: Council discusses and directs staff to amend ordinance Section 1500, Subsection 12 (Park Dedication Fees). A proposed fee schedule is as follows: Single Family $1,500 Unit Duplex $1,300 Unit Townhouse Development $1,000 Unit Mobile Home $1,000 Unit Multi Family Apartment/Condo $ 700 Unit Commercial/Industrial $2,500 Per Acre