Agenda - Parks and Recreation Commission - 02/08/2018

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conferred on the park that are consistent with the Council -approved master plan. To encourage prompt payment of special assessments by the regional park implementing agency, regional funds will not be used for penalties and interest charges resulting from late payments unless the regional park implementing agency has requested funds from the Council to pay the special assessments and did not receive them. Under the provisions of Minn. Stat. 473.334: ...the governing body [charging the assessment] shall not consider any use of the property other than as regional recreation open space property at the time that the special assessment is determined. The Metropolitan Council shall not be bound by the determination of the governing body of the city but may pay a lesser amount, as agreed upon by the Metropolitan Council and the governing body of the city, as they determine is the measure of benefit to the land for the improvement. This statute does not pertain to assessments on Bald Eagle -Otter Lake Regional Park land located in White Bear Township. Special assessments on that park are governed by Minn. Stat. 435.19. If a regional park implementing agency challenges a special assessment to determine the measure of benefit to the regional park unit, regional funds may be used to pay the assessment and for any penalties and interest incurred during the time of challenging the assessment, as well as for the regional park implementing agency's legal costs in challenging the assessment if agreed to previously by the Council. Payment in Lieu of Local Property Taxes Under the provisions of Minn. Stat. 473.341, 180% of the property taxes due to the city or township are paid when land is acquired for the Regional Parks System. This provides a financial cushion to the city or township for the loss of tax base. The payment in lieu of taxes is an eligible land acquisition grant expenditure. Revenue from Nonrecreational Uses Lands acquired with regional funds are to be used for Regional Parks System purposes. On occasion, usually during but not limited to a period prior to development, land may be used in various other ways. The Council has defined the following nonrecreational uses as consistent with Regional Parks System purposes: • Sale of buildings, equipment or materials acquired with land • Rent or lease of buildings to protect structures or secure services for the park, and • Rent or lease of land for park benefits All uses of this kind must be consistent with the Council -approved master plan. Revenue that regional park implementing agencies receive from such uses may be used in regional park lands for land stewardship or for the capital costs of providing recreation opportunities. Otherwise they will be returned to the Council. Any other use requires prior Council consent.