July 2024 – Parks & Recreation - 29

park dedication fee is proper only
when there is a " direct link that the
subdivision is the cause of needing
more parks. "
In response, the City maintained
" there's a need for open space created
any time that open land is developed
or redeveloped and used
at a higher intensity than previously
used. "
The City later recalculated and
reduced the fee to $11,700 because
Puce's land value was less than
the commercial property average.
The City typically used average
commercial property values to calculate
park dedication fees. Based
upon Burnsville, Minn., Code § 114-8.E,
the City had reduced the fee
to reflect " the scope of the development,
the needs of the City. "
Reserve Available
Green Space
At a subsequent city council meeting,
Puce requested a waiver of the
reduced park dedication fee. When
asked by a council member where
a new park would be designated,
the city attorney conceded there
was no planned " actual land acquisition "
at the time.
The
city
attorney,
however,
pointed out that the addition of
" a substantial amount of building
structure, 7,254 additional square
feet, and a substantial amount of
impervious
surface parking
lot
area " would eliminate much of
the green space of the property. As
characterized by the city attorney,
the City's park dedication formula
was intended to " reserve green
space and parkland and have amenities
available. "
While acknowledging the park
dedication funds cannot be used
for maintenance, the city attorney
claimed the City was seeking to
expand and fix a gap in its regional
trail system near the proposed development.
The city attorney went
on to note that " many residents "
could use these trails, including
users of Puce's development. In
response, Puce argued that the
City's proposed expansion was
not a permissible use of the park
dedication fee because these trail
plans existed before Puce's proposed
development.
The city council ultimately approved
Puce's plat and conditional
use permit, including the $11,700
park dedication fee. Puce challenged
the imposition of this park
dedication fee in state district court.
Park Dedication
Fee Lawsuit
The state district court held a trial
and found that the park dedication
fee was lawful. In so doing,
the court found that there was " an
essential nexus between the fee imposed
and the City's purpose of imposing
the fee " because " the City
planned to build a trail next to the
property and Puce's development
would draw more traffic to nearby
parks and trails. " Puce appealed.
The issue before the state court
of appeals was " whether the imposition
of the $11,700 park dedication
fee
violated
Minnesota
Statutes
section 462.358, subdivisions
2b(e). " As cited by the court,
Subdivision 2b(e) provided:
[T]he municipality must reasonably
determine that it will need
to acquire that portion of land for
the purposes stated in this subdivision
as a result of approval of the
subdivision.
The court of appeals reversed
the district court because the City's
imposition of a park dedication
fee on Puce's application violated
state
law. While acknowledging
there was an " essential nexus " between
the park dedication fee and
the City's purpose for imposing
the fee, the appeals court held the
City's decision to " impose a park
dedication fee did not have a sufficient
legal or factual basis. "
In the opinion of the appeals
court, the City had violated state
law because there was " no 'rough
proportionality' between the park
dedication fee and the need created
by the proposed subdivision or
development. " The state supreme
court granted the City's petition
to review this decision by the appeals
court.
" Collis " Constitutional Test
In the state supreme court, the City
argued imposition of a park dedication
fee on Puce's development
application was lawful under the
" essential nexus " and " rough proportionality "
requirements, as well
as the " reasonable determination "
requirement under state law.
In response, Puce claimed " the
City's use of a percentage-based
formula to calculate the fee failed
to consider the need, if any, created
by his development. " Puce, therefore,
claimed the court of appeals
had " correctly determined that the
imposition of the fee was unlawful "
under state law.
Prior to analyzing current state
law, the state supreme court found
it " helpful to first summarize our
precedent on park dedication
fees " in order to " capture the
evolution of the statute. " Specifically,
in the case of Collis v. City
of Bloomington, 310 Minn. 5, 246
N.W.2d 19 (Minn. 1976), the state
PARK S ANDRECRE AT ION . OR G | JULY 2 0 2 4 | Parks & Recreation
29

July 2024 – Parks & Recreation

Table of Contents for the Digital Edition of July 2024 – Parks & Recreation

July 2024 – Parks & Recreation - Intro
July 2024 – Parks & Recreation - Cover1
July 2024 – Parks & Recreation - Cover2
July 2024 – Parks & Recreation - 1
July 2024 – Parks & Recreation - 2
July 2024 – Parks & Recreation - 3
July 2024 – Parks & Recreation - 4
July 2024 – Parks & Recreation - 5
July 2024 – Parks & Recreation - 6
July 2024 – Parks & Recreation - 7
July 2024 – Parks & Recreation - 8
July 2024 – Parks & Recreation - 9
July 2024 – Parks & Recreation - 10
July 2024 – Parks & Recreation - 11
July 2024 – Parks & Recreation - 12
July 2024 – Parks & Recreation - 13
July 2024 – Parks & Recreation - 14
July 2024 – Parks & Recreation - 15
July 2024 – Parks & Recreation - 16
July 2024 – Parks & Recreation - 17
July 2024 – Parks & Recreation - 18
July 2024 – Parks & Recreation - 19
July 2024 – Parks & Recreation - 20
July 2024 – Parks & Recreation - 21
July 2024 – Parks & Recreation - 22
July 2024 – Parks & Recreation - 23
July 2024 – Parks & Recreation - 24
July 2024 – Parks & Recreation - 25
July 2024 – Parks & Recreation - 26
July 2024 – Parks & Recreation - 27
July 2024 – Parks & Recreation - 28
July 2024 – Parks & Recreation - 29
July 2024 – Parks & Recreation - 30
July 2024 – Parks & Recreation - 31
July 2024 – Parks & Recreation - 32
July 2024 – Parks & Recreation - 33
July 2024 – Parks & Recreation - 34
July 2024 – Parks & Recreation - 35
July 2024 – Parks & Recreation - 36
July 2024 – Parks & Recreation - 37
July 2024 – Parks & Recreation - 38
July 2024 – Parks & Recreation - 39
July 2024 – Parks & Recreation - 40
July 2024 – Parks & Recreation - 41
July 2024 – Parks & Recreation - 42
July 2024 – Parks & Recreation - 43
July 2024 – Parks & Recreation - 44
July 2024 – Parks & Recreation - 45
July 2024 – Parks & Recreation - 46
July 2024 – Parks & Recreation - 47
July 2024 – Parks & Recreation - 48
July 2024 – Parks & Recreation - 49
July 2024 – Parks & Recreation - 50
July 2024 – Parks & Recreation - 51
July 2024 – Parks & Recreation - 52
July 2024 – Parks & Recreation - 53
July 2024 – Parks & Recreation - 54
July 2024 – Parks & Recreation - 55
July 2024 – Parks & Recreation - 56
July 2024 – Parks & Recreation - Cover3
July 2024 – Parks & Recreation - Cover4
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/july-2024
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https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/may-2024
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/april-2024
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/march-2024
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/february-2024
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/january-2024
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/december-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/november-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/october-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/september-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/august-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/july-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/june-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/may-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/april-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/march-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/february-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/january-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/december-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/november-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/october-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/september-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/august-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/july-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/june-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/may-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/april-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/march-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/february-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/january-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/december-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/november-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/october-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/september-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/august-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/july-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/june-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/may-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/april-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/march-2021
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