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HomeMy WebLinkAboutNo 361 Amending the Maplewood Code by Creating Section 211, Which Recognizes the Need for Neighborhood Parks, Establishes Standards and Improvement Guidelines for Such...ORDINANCE NO. 361 AN ORDINANCE AMENDING THE IiAPLEW00D CODE By CREATING SECTION 2i/, WHICH RECOGNIZES 711E NEED FOR NEIaMORHOOD PARIS, ESTABLISHES STANDARDS AND IMPROVEMENT GUIDELINES FOR S1JC11 AND PROVIDES METHODS OF ACQUISITION AM DEVELOPMENT. The City Council of Maplewood, Minnesota, does ordain as follows: Section I. Section 211.010: Findings and Policy Declaration,. (1� Rapid Community_ Growth: The City of Maplewood, beim; a suburb of the twin cities metropolitan region, has been experierc4nS unprecedented and rapid growth with respect to population, housing and general land development. (2) Public Facilities Unable to.K2tep Pace with Ca i nity Growth: The City has been and is developing and constructing public facilities and pro- viding public services to meet the needs of the cormimity's growtng population, but these services Ind facilities have been unable to keep pace with the ever growing need. (3) Council PolicyConcern for !overall Land Develo,mient: Faced with a ntunber of major physical, social and fiscal problems caused by this rapid and unprecedented growth in relation to pari --open space and its develop- ment within the community and being concerned with existing, as well as, future overall quality and character, of land development within the City, the City Council has undertaken a prarram to develop a policy statement which will act to guide the acquisition and development of neighborhood parks throughout the City by providing a policy that explains the obligation and requirements that will be expected of all housing development within the Community. (4) Policy intention: It is the intention of the City Council to develop and implement a park -open space acquisition and development policy which ass, -ns a function of neighbor - hoed pari: acquisition and development responsibility to all housing dwelling units. (5), Reasonableness o ?nliY: Such policy intent is considered reasonable to protect the public interest and welfare of the co-murity; and to secure a better totnled planned enviroament for all neighborhoods throughout- the City; and to establish a viable neighborhood pari: acquisition and development program that is relative and meaningful to the people who live thro:,jiout the City. (6) Polis Clarification: This policy is intended and designed to focus upon providing a publicly adopted strategy which will cause all housing developments to bear an obligation to the acquisition and development of "neighborhood parizs". Such clarification is needed so as to indicate that the only function and Purpose of which this policy applies shall be to acquire park space and develop such park areas in such a manner so as they are solely planned, designed, constructed with facilities, and programmed with neighborhood services. This Policy application, in no way, applies to or satisfies for the acquisition and/or development of "Community", "District", or "Regional" parks. Nor does this policy apply to the maintenance of existing neighborhood parks or such neighborhoods parks that may be acquired and/or devel- oped by this policy. (7) Policy Consistent With Overall Community Development Plansr It is necessary and consistent with the overall community development plans of this City to provide Neighborhood Parks and it si further in the interest of the health, welfare and safety of the people of the City of :,Uplewood that the City promulgate and establish a Neighborhood Park Acquisition and Development Program; that such Program is equitable and consistent with the benefits received that the owners of land, upon which residential dwelling exist or are to be contructed, pay for a portion of the cost of the acquisition and development of the Neighborhood Park lands within the City. II Park Demand and Charge Methodology (1) Neighborhood Park Acre Demand Formula This Policy provides that the amount of land space needed for neighborhood Park purposes shall be based upon, and determined by relating land area to population resulting from residential developments. For neighborhood park. space purnoses, the City establishes the standard that there shall be one acre of neighborhood park land area for each 100 persons of population resulting from residential devel- opment. In order to determine the Neighborhood Park Acres demanded by any residen- tial development the following formula is established: Yo _dwellinr� units Xopulation/dwelling, unit Acre Demand population standard of 100 (2) Dwelling Unit Park Charge Formula For purposes of determining each dwelling unit's nark charge responsibility for both acquisition and development the following formula is established: AC+ DC 1 Park Charge/Dwelling Unit - An 2 DTI "AD" is the acre demand of park land space required as a result of the formula established which relates development population to neighborhood park space demand. "AC" is the estimated average cost of land per acre for park purposes. This figure is based upon an estimated average cost to acquire an acre of land for neighborhood park purposes. This estimate recognizes that the costs rill vary erectly in dif- ferent areas of. the City. Thus an average was arrived at which allows for feasibil- ity in increases in land costs. "DC" is one-half the estimated average cost for park development per acre for neighborhood park purposes. This figure represents 50- of the average type of neighborhood park development that the Village wants reflected in dollar amounts per acre. - 2 - "DU" respresents the number of dwelling units proposed in any development which this charge would be applicable. (3) Population/Dwelling Unit Determination This policy provides a population per dwelling unit table in order that the Acre Demand Formula may be converted and utilized in determining each dwelling unit's neighborhood pari: charge. The following table is established as the basis for computing and calculating the population for the type of dwelling unit listed: Dwelling Unit Type Single Family detached dwelling Double Family attached dwelling 11obile Home dwelling unit Multiple Dwelling (3 or more dwelling units occupying independent floor levels) Efficiency Dwelling 1 bedroom dwellin, 2 bedroom dwelling 3 bedroom dwelling 4 bedroom dwelling Townhouse dwelling (3 or more dwelling units attached or not occupying independent floor levels) 1 bedroom dwelling 2 bedroom dwelling 3 bedroom dwelling . bedroom dwelling III Joint Agency Development 7ersons/Unit 4.1/unit 4.1/unit 2.5/unit 1.1/unit 1.4/unit 2.5/unit 3.3/unit 4/unit 2/unit 3.3/unit 4/unit 4.2/unit In order to maximize the total available resources within each neighborhood in terms of space, facilities, and development this Neighborhood Park policy encourages and takes into considgration the potential of joint development of neighborhood park and recreation facilities which may tal=e place between the City and other park agencies, schools, churches, etc., so that the size of the joint development will be less, than if separate sites were developed by each. The facilities included, will represent the functional needs of each agency. The intent of Toint Development is to shtisfy one of the following requirements: to avoid duplication of facilities (unless exist- ing facilities are over used), coordinate services, and/or deminish the land needs of each agency. IV Financial Policies to Implement Neighborhood Park Poli (1) Time Neighborhood Par::_ Charges Due: Charges for neighborhood par':, acquisition and/or development as applied to re- sidential developments should be made in the case of new developments at the time of building permit issuance. (2) Securities Required: - 3 - The charges shall be based upon the formula method outlined in Section II of this policy document and securities in this amount guaranteeing such shall be made at the time of building, permit issuance. (3) fey_ a of Securities Acceytablei Securities to cover these charges in the case of new residential dwellings shall be in the fora of cash or cashiers check, at the time of building permit issuance. (4) Assessment Guidelines: If neighborhood parks are needed they may be acquired and developed and as- sessed through the assessment program as outlined under the assessment policies of this City. (5) Establishment of Park Acquisition and Development Fund: The City Manager is hereby authorized to establish a Neighborhood Park Acquisition and Development Fund. The purpose of such fund shall be to: 1 -Account for monies received on each dwelling unit park charge; 2 -Act as the fund from which neighborhood park land acquisition and development shall be disbursed; 3 -Account for public participation monies received for each dwelling unit park charge. (6) Disposition of Park Acquisition and Development Funds: It is the intention of this ordinance that whenever possible and reasonable, but not mandatory funds collected from developers and/or residences of any particular development or particular neighborhood should be, designated and used to serve that particular neighborhood. (7) Gifts and/or Donations: Land offered as a gift or donation for neighborhood park but not related to any specific development project may only be accepted when such gift or donation of land conforms to one of the followinn: 1 -Such donation or gift of land is not provided as a means to defray the costs of an existing or future neighborhood park charge. ?[awever, the City may accept gift or donation lands if they are within an area designated neighborhood park site area. 2 -Such donations or land gifts should not be less than one acre in size. 3 -If such donation or land Rift is to defray the costs of an existing or future neighborhood pari: charge, then such should be accepted only under the following conditions: a. Such land or lands must be within an area designated for a neighborhood park. b. Financial arrangements must be made either in the form of cast; or additional lands in accordance with this policy. - 4 - �(8)"_iesntiahla Services-ln_Rinc; Vhere land is available and development plans adopted, neighborhood park charge for facilities may be accepted in the form of services -in-kind rendered by the developer through his contractors. Such services might include gradin,,, landscaping, installation of utilities, or ther services essential to implementation of the rnrlr plan. Rcrvices-in-kind nerformed by the developer or his representatives in lieu of the neighborhood park charge shall be equal to the calculated neighborhood park charge and shall he approved by the City t'rrouph negotiation. (9) '1 iFh:nrhoocl Parr Joint_ e_v_elopment ,:ncouraged The City actively endorses the coordination of neiohborhooc part, 1cquisition and development with other groups and agencies, such as other ,governmental :grits, churches, schools, and public interest croups. Sack coordinated activities may l!e able to lower neighborhood park costs through grants, leases, Soinino usage, ,,ifts and, also strengthen neighborhood identity and community particiration. (10) Annual Resolution Stating Aversfie Acre Acouisition and Development Costs:_ The City Council at it's first regular meeting, of each c_nlen<!ar year shall act to aeopt, by resolution, the .nvorage acre acquisition cost and the avarase acre development cost for neighborhood parks throughout the City. Only �'J.4 of development cost will h:sve to be financed ly other 'means. These annual cost determinations shall be used for calrailatinq each dwelling unit's neighborhood pari: charge for the ensuing year. The method of utilizin- an nnnnal resolution ie. hase3 upon the following reasons! I T e resolution -Wore closely relates to the actisal costs to acquire lanes necessary and meet half of the dcvelo..mmpnt cost of each acre of land. 2 -The r�+sollution allows for greater flexibility to account for increases in actual neighborhool park costs which can then he Incorporated into the nei&hborhood park charge formula. V Validi� Subsections and provision of this Oa dinance are deemed to be severable and should any such item be declared unconstitutional or invalid by court of competent jurisdiction, said determination shall not effect the validity of this ordinance as a whole or any part thereof other than the part so declared unconstitutional or invalid. VI Adoption and Zanlementation of tieilrhhorh<±od Park Charav Ordinance (1) Policy, Effective Immediately Upon Adoption: The Village shall impose such policy inmiadiately upon adoption and itn effects shall be bindin^ upon all new housing units issuer! building per, - wits and/or new mobile home spaces isaved buiidino permits. (2) Neighborhood Park Cost Charged at Time of Building rernit_ Tssuance: All housing units or mobile home spaces constructed hereafter, shall., at the time of building permit issuance, be charged a "Neighborhood Park Charge." (3) Those new housing units to be built in sub -divisions which have been platted and dedicated acceptable public park land as part of the plat shall be given credit to the extent of land dedicated and/or cash paid on a pro rata basis. Section 2. This ordinance shall take effect upon passage and publication. Passed by the City Council of the City of Maplewood, Minnesota, this 4th day of April, 1974. Attest: 541 Ayes - 3 Nava - 2 ORDINANCE N0. 361 AN ORDINANCE WHICH RECOGNIZES THE NEED FOR NEIGHBORHOOD PARKS, ESTABLISHES STANES FOR DDS ANDH AND PROVIDES METHODSGUIDELOF SUCH OF ACQUISITION AND DEVELOPMENT. The City Council of Maplewood, Minnesota, does ordain as follows: Section 1. Findings and Policy Declaration (1) Rapid Community Growth: The City of Maplewood, being a suburb of the twin cities metropolitan region, has been experiencing urn precedented and rapid growth with respect to population, housing and general land development. (2) Public Facilities Unable to Keep Pace with community Growth: The City has been and Is developing and constructing public facilities and providing public services attonmeet the needs of the community's growing pop these services and facilities have been unable to keep pace with the ever growing need. (3) Council Policy Concern for Overall Land Development: Faced with a number of major physical, social and fiscal problems caused by this rapid and unprecedented growth in relation to parkopenspace and its development within the community and being con- cerned with existing, as well as, future overall quality and character of land development within the City, the City Council has undertaken a program to develop a policy statement which will act to guide the acquisition and development of neighborhood parks throughout the City by providing a policy that explains the obligation and requirements that will be expected of all housing development within the Community (4) Policy Intention: It is the intention of the City Council to develop and implement a park -open space acquisition and development policy which assigns a function of neigh- borhood park acquisition and development respon. sibility to all housing dwelling units. (5) Reasonableness of Policy: Such policy intent is considered reasonable to protect the public interest and welfare of the community; and to secure a better totaled planned environment for all neighborhoods throughout the City: and to establish a viable neighborhood park acquisition and development program that is relative and meaningful to the people who live throughout the City. (6) Policy Clarification: This policy is intended and designed to focus upon providing a publicly adopted strategy which will cause all housing developments to bear an obligation to the acquisition and development of "neighborhood parks." Such clarification is needed so as to indicate that the only function and purpose of which this policy applies shall be to acquire park space and develop such park areas in such a manner so as they are solely planned, designed, constructed with facilities, and programmed with neighborhood services. This policy application, in no way, applies to or satisfies for the acquisition and -or development of "Community," "District," or 'Regional" parks. Nor does this policy apply to the maintenance of existing neighborhood parks or such neighborhoods parks that may be acquired and -or deveinnnrl by this Policy. AFFIDAVIT OF PUBLICATION State of 'Min oom 1 County of Ramsey N77 J} . Theo. Lillie .................................................................n.................1... '.1...., being duly sworn, on oath says he is and during all the times herein stated has been the .........?'!..S.at st ... b.jjS.her ......... . ............ .................................................... publisher and printer of the newspaper known as Maplewood Review, and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week. (3) Said newspaper has 50 percent of its news columns devoted to news of local interest to the com- munity which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local oust -office. (5) Said newspaper purports to serve the Village of Maplewood in the County of Ramsey and it has its known office of issue in the Village of North St. Paul in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and main- tained by the publisher of said newspaper or persons in his employ and subject to his direction and control during all such regular business hours at which said newspaper is printed. (6) Said news- paper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publi- cation mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966, and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the publisher and sworn to before a notary public stating that the newspaper is a legal newspaper. �61 He further states on oath that the printed ..........Ordinanc.e NOo ... .................... ...................................... .......... .... ................... ......... hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, for .............. Q:Rd...... ................ successiveweeks; that Itwas first sopublished onWednesday the j.7-th.... day of ............. April ............................................ of 19. 74nd was thereafter printed and pub - fished on every Wednesday to and including Wednesday the .............. ... day of .................................... .......... . ........ ................ 19.... and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit: abcdefghilklmnopgrstuvwxyz Subscribed and sworn to before me this ... . .. .. I !rhday of ... Apr.1l.............. ...................... 19.1.4 . . ..93'; . ..1/[/ .............. EEATRiCE S. E ;C Notary public, .......... ...: C inty, Minnesota Nti4�ry Pu6Gc; Rai. sey County, ii✓;i i; i. My Commission Expires MK.Commission•ExpiFes• Sep#:•6;•?-9749. - V (7) Policy Consistent With Overall Community Development Plans: It is necessary and consistent with the overall com- munity development plans of this City to provide Neigh- borhood Parks and it is further in the interest of the health, welfare and safety of the people of the City of Maplewood that the City promulgate and establish a Neighborhood Park Acquisition and Development Program, that such program is equitable and corn sistent with the benefits received that the owners of land, upon which residential dwelling exist or are to be constructed, pay for a portion of the cost of the acquisition and development of the Neighborhood Park lands within the City - II Park Demand and Charge Methodology (1) Neighborhood Park Acre Demand Formula This policy provides that the amount of land space needed for neighborhood park purposes shall be based upon and determined by relating land area to population resulting from residential developments. For neigh borhood park space purposes, the City establishes the standard that there shall be one acre of neighborhood park land area for each 100 persons of population resulting from residential development. In order to determine the Neighborhood Park Acres demanded by any residential development the following formula is established Acre Demand equals No. dwelling units X population - dwelling unit divided by population standard of 100. (2) Dwelling Unit Park Charge Formula For purposes of determining each dwelling unit's park charge responsibility for both acquisition and development the following formula is established: OC AC+— Park Charge equals AD 2 Dwelling Unit DU "AD" is the acre demand of park land space required as a result of the formula established which relates ,lopment population to neighborhood park space no. is the estimated average cost of land per acre fur park purposes. This figure is based upon an estimated average cost to acquire an acre of land for neighborhood park purposes. This estimate recognizes that the costs will vary greatly in different areas of the City. Thus an average was arrived at which allows for feasibility in increases in land costs. "DC" is One half the estimated average cost for park development per acre for neighborhood park purposes. This figure represents 50 percent of the average type of neighborhood park development that the Village wants reflected in dollar amounts per acre. "DU" represents the number of dwelling units proposed in any development which this charge would be applicable. (3) Population. Dwell ing Unit Determination This policy provides a population per dwelling unit table in order that the Acre Demand Formula may be converted and utilized in determining each dwelling unit's neighborhood park charge. The following table is established as the basis for computing and calcu. lating the population for the type of dwelling unit listed: Dwelling Unit Type Persons -Unit Single Family detached dwelling 4.1 unit Double Family attached dwelling 4.1 unit Mobile Homedwelling unit 2.5 -unit Multiple Dwelling (3 or more dwelling units occupying independent floor levels) Efficiency Dwelling 1.1 -unit 1 bedroom dwelling 1.4 -unit 2 bedroom dwelling 2.5 -unit 3 bedroom dwelling 3.3 -unit 4 bedroom dwelling 4 -unit Townhouse dwelling (3 or more dwelling units attached or not occupying independent floor levels) 1 bedroom dwelling 2 -unit 2 bedroom dwelling 3.3 -unit 3 bedroom dwelling 4 -unit 4 bedroom dwelling 4.2 -unit illJoint Agency Deveropmeni In order to maximize the total available resources within each neighborhood in terms of space, facilities, and development this Neighborhood Park policy en. courages and takes into consideration the potential of joint development of neighborhood park and recreation facilities which may take oface between the City and other park agencies, schools, churches, etc., so that the size of the joint development will be less, than if separate sites were developed by each. The facilities included, will represent the functional needs of each agency. The irAent of Joint Development is to satisfy one of the following requirements. to avoid duplication of facilities (unless existing facilities are over used), coordinate services, and -or deminish the land needs of each agency. IV Financial Policies to Implement Neighborhood Park Policy (1) Time Neighborhood Park Charges Due: Charges for neighborhood park acquisition and -or development as applied to residential developments should be made in the case of new developments at the time of building permit issuance. (2) Securities Required: The charges shall be based upon the formula method outlined in Section II of this policy document and securities in this amount guaranteeing such shall be made at the time of building permit issuance. (3) Types of Securities Acceptable: Securities to cover these charges in the case of new residential dwellings shall be in the form of cash or cashiers check, at the time of building permit issuance. (4) Assessment Guidelines: If neighborhood parks are needed they may be acquired and developed and assessed through the assessment program as outlined antler the assessment policies of the City. (5) Establishment of Park Acquisition and Development Fund: The City Manager is hereby authorized to establish a Neighborhood Park Acquisition and Development Fund. The purpose cif such fund shall be to 1. Account for monies received on each dwelling unit Park charge. 2. Act as the fund from which neighborhood parkland acquisition and development shall be disbursed; 3. Account for public participation monies received for each dwelling unit park charge. (6) Disposition of Park Acquisition and Development Fundi: It is the intention of this ordinance that whenever possible and reasonable, but not manditory funds collected from developers and -or residences of any particular development or particular neighborhood should be designated and used to serve that particular neighborhood. (7) Gifts and -or Donations: Land offered as a gift or donation for neighborhood park but not related to any specific development project may only be accepted when such gift or donation of land conforms to one of the following: 1. Such donation or gift of land is not provided as a means to defray the costs of an existing or future neigh borhood park charge. However, the City may accept gift or donation lands are within an area designated as a neighborhood park location. Or upon acceptance by the City, the land donated or received by gift may be sold by the City in order to purchase a designated neighborhood park site area. 2. Such donations or land gifts should not be less than one acre in size. 3. If such donation or land gift is to defray the costs of an existing or future neighborhood park charge, then such should be accepted only under the following con- ditions: a. Such land or lands must be within an area designated for a neighborhood park. b. Financial arrangements must be made either in the form of cash or additional lands in accordance with this Policy. (8) Negotiable Services - In - Kind: Where land is available and development plans adopted, neighborhood park charge for facilities may be accepted in the form of services -in-kind rendered by the developer through his contractors. Such services might inciude grading, landscaping, installation of utilities, or other services essential to implementation of the park plan. Services -in kind performed by the developer or his representatives in lieu of the neighborhood park charge shall be equal to the calculated neighborhood park charge and shall be approved by the City through negotiations. (9) Neighborhood Park Joint Development En- couraged: The City actively endorses the coordination of neigh- borhood park acquisition and development with other groups and agencies, such as other governmental units, churches, schools, and public interest groups. Such coordinated activities may be able to lower neigh- borhood park costs through grants, leases, joint usage, gifts and, also strengthen neighborhood identity and community participation. (10) Annual Resolution Stating Average Acre Acquisition and Development Costs: The City Council at it's first regular meeting of each calendar year shall act to adopt, by resolution, the average acre acquisition cost and the average acre development cost for neighborhood parks throughout the City. Only 50 percent of the average acre develop ment cost will be used in this formula each year. The other 50 percent of development cost will have to be financed by other means. These annual cost deter- minations shall be used for calculating each dwelling unit's neighborhood park charge for the ensuing year. The method of utilizing an annual resolution is based upon the following reasons. 1. The resolution more closely relates to the actual costs to acquire lands necessary and meet half of the development cost of each acre of land. 2. The resolution allows for greater flexibility to ac count for increases in actual neighborhood park Costs which can then be incorporated into the neighborhood park charge formula. V validity: Subsections and provision of this Ordinance are deemed to be severable and should any such item be declared unconstitutional or invalid by a court Of competent jurisdiction, said determination shall not effect the validity of this ordinance as a whole or any part thereof other than the part so declared un- constitutional or invalid. VI Adoption and Implementation of Neighborhood Park Charge Ordinance: (1) Policy Effective Immediately Upon Adoption: The Village shall impose such policy immediately upon adoption and its effects shall be binding upon all new housing units issued building permits and or new mobile home spaces issued building permits. (2) Neighborhood Park Cost Charged at Time of Building Permit Issuance: All housing units or mobile home spaces Constructed hereafter, shall, at the time of building permit issuance, be charged a "Neighborhood Park Charge." (3) Those new housing units to be built in subdivisions which have been platted and dedicated acceptable public park land as part of the plat shall be given credit to the extent of land dedicated and or cash paid on a pro rata basis. Passed by the City Council of the City of Maplewood, Minnesota, this 4th day of April, 1974. Ayes -5 Nays 0 S - Robert T. Bruton Mayor Attest. s- Mrs. Lucille E. Aurelius City Clerk (Review: April 10, 1974) ORDINANCE NO. 361 AN ORDINANCEeu!eEeCOGNIZES THE NEED FOR PARKS, ESTABLISHES S ANDARDS ANDHOOD IMPROVEMENT GUIDELINES AFFIDAVIT OF PUBLICATION FOR SUCH AND PROVIDES METHODS OF ACQUISITION AND DEVELOPMENT. The City Council of Maplewood, Minnesota, does Ordain as follows: Section 1. Findings and Policy Declaration (1) Rapid Community Sfate Dl i tT 1 Growth: The City of Maplewood, being a suburb of the twin cities metropolitan region, has been CNs experiencing un- precedented and rapid growth with Count D^�- Jy y Of PAmsO y respect to Population, housing and general land development. (2) Public Facilities Unable to Keep No lilted Lillie Pace with Community Growth: The City has been and is developing """"""'........•.....••••..••• .............••• A } ...,beingdulysworn,onoathsays A'66 ".. * Riblibher and constructing Public facilities and providing P 9 public services to meet heisandduring all the times herein stated has beenthe................................................................ the needs of the community's growing population, but these services and facilities have been unable to keep""'.,...... publisher and printerofthenewspaperknown asMaplewood Review, Pace with the ever growing need. Council Policy and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the Engl(3) in newspaper and tis Concern for Overall Land Development: east�s900asquare inches, (2) Sanguage id newspapers isolamweekly and distriform buted et leastt in once nce se each Faced with a number of major physical, serial and fiscal problems caused by this week, (3) Said newspaper has 50 percent of its news columns devoted to news of local interest to the com- munity which it purports to serve and does not wholly duplicate any other publication and is not made rapid and unprecedented growth in relation to park open space and its up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 development within the community and being con- cerned with existing, as well as, future copies regularly delivered to paying subscribers, has an average of at least 75 percent of its total circulation currently paid or no more than three months in arrears and has entry as second-class overall quality and character of land development within the City, the matter in its local Dost -office. (5) Said newspaper Purports to serve the Village of Maplewood in the County of Ramsey and it has its known office City Council has undertaken a program to develop a policy statement which will act to guide the acquistition buof siness hoursissue in hfor thVillage t North St. n Paul in said county, established and open during its regular gathering news, sale advertisements and sale subscriptions and main tained and development of neighborhood parks throughout the Cif b Y Y providing b the - newspaper b his direction and V g allbllsuch oregular bus nshours or persons at which hisemploy control Burin newspaperld is a policy that explains the obligation and requirements that will be expected of all housing a printed. (6) said news paper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for least two development within the Community. (4) Policy Intention: at Veers preceding the day or dates of publi- cation mentioned below. (B) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966, and each January 1 thereafter an in It is the intention of the City Council to develop and implement affidavit the form prescribed by the Secretary of State and signed by the publisher and sworn to before a notary public stating that the newspaper is a park open space acquisition and development policy which assigns a function of neigh- borhood a legal newspaper. He further Ordinane.e 100 park acquisition and development respon- States printed ���• s P " "................ .............................•.,,,._............. sibility to all housing dwelling units. (5) Reasonableness of Policy: Such policy intent is considered reasonable to protect . . . . . . . • . . . . . . . . . ........ hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein In the English language, once each week, for the public interest and welfare of the community; and to secure a better totaled planned environment for all ' • •""""""' one ........... successive weeks; that It was first so published on Wednesday the 10th.. neighborhoods throughout the City; and to establish a viable neighborhood park acquisition and development program that pp ................................. day of ...................A�2'.Z.l. ... of 19.�. and was thereafter printed and is relative and meaningful to the people who live throughout the City. pub- lished 0n every Wednesday to and including Wednesday 6 Policy Clarification: the ...... _ _ . .. day of This policy is intended and designed to focus upon providing a publicly adopted strategy which will cause all housing developments ........... 19.... and that the to] lowing is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in to bear an obligation to the acquisition and development of "neighborhood the Composition and publication of said notice, to wit: parks." Such clarification is needed so as to indicate that the abcdefghijklmnopgrstuvwxyz only function and purpose of which thispolicy applies shalt be to acquire park space •� - fl ��---�"��'"-v- and develop such park areas in such a manner so as they are solely planned, designed, constructed with facilities, and programmed with neighborhood services. This policy application, in no way, applies ... .............' """•""....••••••••••••••• ••• •••••••••• Subscribed to "`Qay to or satisfies for the acquisition and or development of "Community,,, '"District," and sworn before me this .... .. Of .... PT�•1 ••••• ........ 19..74 "Regional" s hor 9 parks. Nor does this policy to ice e r �A-T maintenance of existing neighborhood parks or such parks parks that e ./.6-d✓.....�.... •••••-••••neighborhoods RICE may be acquired andor """a^^ort by this oolicv. S. EN HT Notary public, ..... Notary, -Public;• Ra County, Mi nnesotay Minn. Commission ExpY PRCMjSSton.Expires. Sept:6;.97S.. 19 (7) Policy Consistent With Overall Community Development Plans: It is necessary and consistent with the overall com- munity development plans of this City to provide Neigh- borhood Parks and it is further in the interest of the health, welfare and safety of the people of the City of Maplewood that the City promulgate and establish a Neighborhood Park Acquisition and Development Program; that such program is equitable and con- sistent with the benefits received that the owners of land, upon which residential dwelling exist or are to be constructed, pay for a portion of the cost of the acquisition and development of the Neighborhood Park lands within the City. II Park Demand and Charge Methodology (1) Neighborhood Park Acre Demand Formula This policy provides that the amount of land space needed for neighborhood park purposes shelf be based upon and determined by relating land area to population resulting from residential developments. For neigh borhood park space purposes, the City establishes the standard that there shall be one acre of neighborhood park land area for each 100 persons of population resulting from residential development. In order to determine the Neighborhood Park Acres demanded by any residential development the following formula is established: Acre Demand equals No. dwelling units X population dwelling unit divided by population standard of 100. (2) Dwelling Unit Park Charge Formula For purposes of determining each dwelling unit's park charge responsibility for both acquisition and development the following formula is established: DC AC+— Park Charge equals AD 2 Dwelling Unit DU "AD" is the acre demand of park land space required as a result Of the formula established which relates development population to neighborhood park space demand. "AC" is the estimated average cost of land per acre for park purposes. This figure is based upon an estimated average cost to acquire an acre of land for neighborhood park purposes. This estimate recognizes that the costs will vary greatly in different areas of the City. Thus an average was arrived at which allows for feasibility in increases in land costs. "OC" is one-half the estimated average cost for park development per acre for neighborhood park purposes. This figure represents 50 percent of the average type of neighborhood park development that the Village wants reflected in dollar amounts per acre. "DU" represents the number of dwelling units proposed in any development which this charge would be applicable. (3) Population -Dwelling Unit Determination This policy provides a population per dwelling unit table in order that the Acre Demand Formula may be converted and utilized in determining each dwelling unit's neighborhood park charge. The following table is established as the basis for computing and calcu- lating the population for the type of dwelling unit listed: Dwelling Unit Type Persons -Unit Single Family detached dwelling 4.1 -unit Double Family attached dwelling 4.1 -unit Mobile Home dwelling unit 2.5 -unit Multiple Dwelling (3 or more dwelling units occupying independent floor levels) Efficiency Dwelling 1.1 -unit I bedroom dwelling 1.4 -unit 2 bedroom dwelling 2.5 -unit 3 bedroom dwelling 3.3 -unit 4 bedroom dwelling 4 unit Townhouse dwelling (3 or more dwelling units attached or not occupying independent floor levels) 1 bedroom dwelling 2 -unit 2 bedroom dwelling 3.3-untt 3 bedroom dwelling 4 -unit 4 bedroom dwelling 4.2 -unit III Joint Agency Development In order to maximize the total available resources within each neighborhood in terms of space, facilities, and development this Neighborhood Park policy en courages and takes into consideration thepotential of joint development of neighborhood park and recreation facilities which may take place between the City and other park agencies, schools, churches, etc., so that the size of the joint development will be less, than if separate sites were developed by each. The facilities included, willrepresent the functional needs Of each agency. The intent Of Joint Development is to satisfy one of the following requirements: to avoid duplication of facilities (unless existing facilities are over used), coordinate services, and or deminish the land needs Of each agency. tV Financial Policies to Implement Neighborhood Park Policy (1) Time Neighborhood Park Charges Due: Charges for neighborhood park acquisition and -or development as applied to residential developments should be made in the case of new developments at the time of buittli ng permit issuance. (2) Securities Required: The charges sall be based upon the formula method outlined in Section II of this policy document and h securities in this amount guaranteeing such shall be made at the time of building permit issuance. (3) Types of Securities Acceptable: Securities to cover these charges in the case of new residential dwellings shall be in the form of cash or cashiers check, at the time of building permit issuance. (4) Assessment Guidelines: If neighborhood parks are needed they may be acquired and developed and assessed through the assessment program as outlined under the assessment policies of the City. (S) Establishment of Park Acquisition and Development Fund: The City Manager is hereby authorized to establish a Neighborhood Park Acquisition and Development Fund. The purpose of such fund shall be to: I. Account for monies received on each dwelling unit park charge. 2. Act as the fund from which neighborhood park land acquisition and development shall be disbursed; 3. Account for public participation monies received for each dwelling unit park charge. (6) Disposition of Park Acquisition and Development Funds: it is possible and intention reasonable, this sbut ordinance notwhenever tory funds collected from developers and -or residences of any particular development or particular neighborhood should be designated and used to serve that particular neighborhood. (7) Gifts and -or Donations: Land offered as a gift or donation for neighborhood park but not related to any specific development project may only be accepted when such gift or donation Of land conforms to one of the following'. 1. Such donation or gift of land is not provided as a means to defray the costs Of an existing or future neigh borhood park charge. However, the City may accept gift or donation lands if they are within an area designated neighborhood park site area. 2. Such donations or land gifts should not be less than one acre in size. 3. If such donation or land gift is to defray the costs of an rhood carge, the suchxisting or shou d befaccepted Onlyuture underunder the kfollowing conn ditions: a. Such land or lands must be within an area designated for a neighborhood park. b. Financial arrangements must be made either in the form of cash or additional lands in accordance with this policy. (B) Negotiable Services - In - Kind: Where land is available and development plans adopted, neighborhood park charge for facilities may be accepted in the form of services -in-kind rendered by the developer through his contractors. Such services might include grading, landscaping, installation of utilities, or other services essential to implementation of the park plan. Services -in-kind performed by the developer or his representatives in lieu Of the neighborhood park charge shall be equal to the calculated neighborhood he it rough charge and shall be approved by Y negotiations. (9) Neighborhood Park Joint Development En- couraged: The City actively endorses the coordination of neigh borhood park acquisition and development with other groups and agencies, such as other governmental units, churches, schools, and public interest groups. Such coordinated activities may be able to lower nioint igh borhood park costs through grants, usage, gifts and, also strengthen neighborhood identity and community participation. (lo) Annual Resolution Stating Average Acre Acquisition and Development Costs: The City Council at it's first regular meeting fach calendar year shall act to adopt, byresolution, he average acre acquisition cost and the average acre development cost for neighborhood parks throughout the City. Only 50 percent of development cost will have to be financed by other means. These annual cost determinations shall be used for calculating each dwelling unit's neighborhood park charge for the en- suing year. The method of utilizing an annual resolution is based upon the following reasons. 1, The resolution more closely relates to the actual costs to acquire lands necessary and meet half of the development cost of each acre of land. 2. The resolution allows for greater flexibility to ac count for increases in actual neighborhood park costs which can then be incorporated into the neighborhood park charge formula. V Validity: Subsections and provision of this Ordinance are deemed to be severable and should any such item be declared unconstitut'onal or invalid by a court of competent jurisdiction, said determination shall not effect the validity Of this ordinance as a whole or any part thereof other than the part so declared un constitutional or invalid. VI Adoption and implementation of Neighborhood Park Charge Ordinance: (1) Policy Effective Immediately Upon Adoption: The Village Shall impose such policy immediately upon adoption and its effects shall be binding upon all new housing units issued building permits and -or new mobile home spaces issued building permits. (2) Neighborhood Park Cost Charged at Time of Building Permit Issuance: All housing units o- mobile home spaces constructed hereafter, shall, at thetime of building permit issuance, be charged a ,Neighborhood Park Charge." (3) Those new housing units to be built in sub -divisions which have been platted and dedicated acceptable public park land as part of the plat shall be given credit to the extent of land dedicated and -or cash paid on a pro rata basis. Section 2. This ordinance shall take effect upon passage and publication. Passed by the City Council of the City Of Maplewood, Minnesota, this 4th day of April, 1974. Ayes -3 Nays 2 Robert T. Bruton, Mayor Attest: Lucille Aurelius City Clerk (Review: April 17, 1974)