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MINUTES OF THE REGULAR ORONO PARK COMMISSION <br /> MEETING HELD ON NOVEMBER 3, 1997 <br /> (#3 - Park Dedication Fees Report - Continued) <br /> Beal was informed that park dedication is part of the subdivision ordinance but the <br /> Comprehensive Plan must include a plan that justifies what the funding is used for. This <br /> change will be reflected by all cities as ruled by the court system. Beal indicated that <br /> $20,000,000 has been collected in Eagan by road impact fees and are being questioned by <br /> developers. Gappa indicated that all fees are being questioned nationwide. McDermott <br /> noted the City does not have such a plan currently for parks and open space, but Wilson <br /> indicated that much of the work has been done toward this plan. <br /> Wilson showed the progression on what is occurring regarding such plans. Wilson said <br /> there were only two challenges currently in the court system in the country but it would <br /> behoove the City to develop a plan and move forward. The City is temporarily <br /> maintaining a fee limit. <br /> Flint said there are cases where the City must show a nexus between what the developer <br /> is doing and the impact on park and open spaces. A direct benefit would be shown where <br /> a park is located within a subdivision, but when that is not so, there needs to be shown a <br /> benefiting relationship between the subdivision and parks. Wilson noted open space can <br /> be shown as a benefit for all of the residents as it is a community asset. Trails connecting <br /> the Luce Line have similar benefit. Flint questioned why new development should pay <br /> for it and not the entire community. McDermott said parks have always been paid for in <br /> this manner. Flint said in the future the benefit to the subdivision needs to be specifically <br /> addressed. <br /> Flint said the plan must include the need for funds for a specific park plan. Wilson said <br /> park dedication has not been specific to a park improvement in the past. Gappa cited an <br /> example where a subdivision would show a percentage of additional use at a park and <br /> park dedication is prorated from the projected cost for a park for the additional use. <br /> Welles speculated that the reasoning behind the Fullerton challenge was that the cost of <br /> projected park dedication was more than the cost to litigate it. <br /> Wilson said this is a reason why the open space plan is being developed and needs to be <br /> completed as soon as possible. <br /> McDermott noted that the project of determining open space and what should be acquired <br /> is a major undertaking. Wilson asked if there was a possibility of hiring a professional <br /> consultant to aid in this plan. Gappa said the entire Comprehensive Plan must be updated <br /> in 1998 and since parks are a part of that plan, it is logical to get advice regarding open <br /> space and parks. <br /> (Van Erickson arrived at this time.) <br /> 2 <br />