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City of Ramsey <br /> <br />15153 NOWTHEN BOULEVARD N.W., RAMSEY, MINNESOTA 55303 · (612) 427-1410 <br /> <br />MEMORANDUM <br /> <br />DATE: <br /> <br />TO: <br /> <br />FROM: <br /> <br />RE: <br /> <br />November 6, 1986 <br /> <br />Ramsey Park and Recreation Commission <br /> <br />City Attorney William Goodrich <br /> <br />Park Land Dedication <br /> <br />Anne Norris has requested that I respond to the question: 'May the City <br />require the developer of a subdivision to both dedicate land and donate <br />money for park improvements?' ', <br /> <br />To answer this question, reference is made to the City ordinance and State <br />statute on this subject, copies of which are attached. <br /> <br />The controlling State statute which enables the City to require either a <br />land or cash donation is MSA 462.358(2.b). That statute states in part, <br />"(a) The municipality may choose to accept an equivalent amount in cash <br />from the applicant for Dart or all of the portion required to be <br />dedicated to such public uses . . ." (emphasis added). Based on this <br />language, it is my opinion that the City can require a partial land <br />dedication with the balance of the requirement being met by cash donation. <br /> <br />Next, the City's ordinance on this subject, Ordinance #83-13, must be <br />examined. Although this ordinance is not as clear on the subject as it <br />could be, I see nothing in the ordinance which would prohibit the <br />dedication of land and cash donation combination. <br /> <br />There have been some fairly recent Minnesota Supreme Court cases which have <br />reviewed municipal requirements for park dedication. In light of their <br />decisions, the City should redraft its park dedication ordinance, <br />Ordinance #83-13, in order to make it mo~re clear and precise. This will be <br />accomplished shortly as the City revises~ its Subdivision Ordinance. <br /> <br />WG:sf <br /> <br /> <br />