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CHAI~T[7, R i 0 <br /> <br />Minn $~at. j 4~2.~5;-3. sund. ~h <br /> <br />Fees paid in lieu of dedication of land under a subdivision regulation must <br />not be used for onsoing ooeration or-maintenance. The basis [''or calculating <br />the amount to be dedicated or preserved must be established by ordinance ct <br />pursuant to the statutory procedures for adopting a land use tee schedule. <br />There must be an essential next, ts between fees or dedication and the <br />municipal purpose to be achieved by the Fee or dedication. The fee or <br />dedication rnusZ bear rough proportionaiit'y to the need created by the <br />proposed subdivision. <br /> <br />Cities must repo~z annuaJl? to the Depam-nent of Administration ali <br />construction and development-related fees collected, intb['mation on the <br />number and valuation of tine units for which fees were paid, the amount of <br />permit.fees, plan review fees, administrative fees. engineering fees, <br />inf~structure tees. other related tees. and the expenses associated witiq the <br />municipal activities for which the fees were collected. Although this <br />requirement applies primarily to building permit fees, it also includes certain <br />land use tees. Cities that collect $5,000 or less in fees are exempt fl'om this <br />filing requirement. <br /> <br />XVlli. Citizen opposition <br /> <br />While anyone can speak at the public iqearing on a !and use iSSLtq, there is a <br />new cause of action that discoura_~es public testimony, called tortious <br />interference with economic relations or strategic lawsuits against public <br />participation (SLAPs). While Minnesota Jaw seems to promct tiaose who <br />testi~j at pubiic i~earings on land use makers from these type ct' [awsuks <br />(LiilJeSS their conduct or speech constitutes a separate violation of law or <br />constitutional rights), threats of' being sued may discourage persons who wish <br />to oppose a land use fi'om testifying. <br /> <br />Councils should avoid making a decision on a !and use issue based on citizen <br />opposition alone. Citizens should be encouraged ~o present t~cts and evidence <br />ti;at supports [i~eir opposition to a land use. rather dmn just stating an <br />objection. A decision-makin~ body cannot use va,me and soeculative <br />opinions and unsubstantiated concerns as the basis fora decision. Expert <br />testimony supposing the citizens' point ofiview may not be necessary if'there <br />is a factual basis fbt' the opposition. <br /> <br />io-36 <br /> <br />[ J,~./ql)l)OOK :OR ,'ViiNNI:,SOT4 !=[']'IES <br /> <br />108 <br /> <br /> <br />