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TTh '■<'SXJT <br />April 25, 1990 <br />HAY 1 1990Mr. Jira Grabeck <br />3050 Jamestown Road <br />Long Lake, MN 55356 <br />Dear Jim: <br />It seems to me that any reasonable reading of the <br />statutes and case law leaves some serious questions as to the <br />validity of the recently enacted Park Dedication Ordinance. <br />I am f'/ruly behind park land acquisition and development, br* <br />am str figly opposed to any ordinances that may not be h'jr <br />defensible. <br />1 would like an explanation of the appa ^nt <br />incompatibility between tha ordinance and che statutes and <br />case law. I have noted the statute lar aage and ordinance <br />language by reference number. <br />1) The statute has no provisions for park iedication <br />for previously divided or p^^itted lands. <br />'<2) The statute does not allow for nark dedicatioi j.,mds <br />~to be used for de/elopment or roaintena^c'^ This provision <br />was included prior to '980 but was repexl^d in 1981 by the <br />Minnesota legislature <br />3) The prepon <br />Wry clear that th^ <br />must be directly ^ *1. <br />subdivision on tl o\ <br />few areas to supp* <br />xaw and the statute are <br />ed, if cash is collected, <br />ii\ipt*ct of the affected <br />i..-.stem. I have highlighted a <br />viLument. <br />Many -‘ities that e idopxed Park Dedication Ordinances <br />that seem wO be consistent with the statutes have first <br />determined their land acquisition costs, estimated the total <br />potential resiaential units and divided to obtain the costs <br />per unit and thus assesses this flat fee per unit as <br />development occurs. Your response to these concerns will be <br />appreciated. <br />Since^velj <br />C.B. Vai. Eeckhout <br />CEV/sjc <br />\ZO BrtooUAj w. <br />kj <br />. ♦1 <br />02^itJC\AjOc, 1 <br />sr <br />4(aZ.,h^ 2-b <br />(^-1 c-ou«^r <br />‘COLL.IS \/5 ■TT’UAlmlta fbtj <br />8-10 MiJ. Sup. r\<>s*0 Uv^rrUit <br />/