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Home My WebLink About2006/08/28 - ADMIN - Minutes - City Council - Study Session OFFICIAL MINUTES CITY COUNCIL STUDY SESSION August 28, 2006 The meeting convened at 7:02 p.m. Councilmembers present John Basill, C Paul Carver, Phil Finkelstein, Paul Omodt, Loran Paprocki, Susan Sanger, and Mayor Jeff Jacobs. Staff present: City Manager (Mr Harmening); Community Development Director (Mr. Locke); Senior Planner(Mr. Walther); and Recording Secretary(Ms. Samson). 1. Park Property Sale Procedure (Ordinance) Community Development Director Kevin Locke presented the staff report, which included a draft ordinance Councilmember Omodt asked how parks and open space are defined. Mr. Locke said, basically, Park is land the city owns and it is listed in the Comprehensive Plan as designated for Park and Open Space, in the Comprehensive Plan, Park and Open Space is the same, which is a broad category. Councilmember Finkelstein wants to make it clear that this would also apply to open space because it appears there is an active use in the parks and the Planning Commission is coming up with a more passive use of just open space. This was an issue that the City Council had been talking about doing since they realized the parks and open space needed more protection. Councilmember Sanger said it is premature to be coming up with a sale process before knowing the charactenstics of a park or open space. It is Councilmember Sanger's understanding that the ordinance would apply only to park and open space that is owned by the city. Not all parks are owned by the city and that would need to be addressed Councilmember Carver asked how the notice requirements in the draft ordinance compare with other city ordinances. Mr. Locke said these requirements are much more extensive. Councilmember Finkelstein asked if notice could be placed on the city's website. Councilmember Basill said it is necessary to establish intent in regard to a zoning district. Councilmember Carver said he would be interested in knowing what the costs would be to give a broader notice than required by current ordinance He urged caution about what goes into an ordinance regarding notice requirements; avoid ordinance violation which would have a ripple affect Councilmember Basill is okay with stricter requirements because he thinks park property sale will not happen often. Councilmember Omodt commented that the city should not tie its hands for the smaller things, therefore, include language regarding sale to other park distracts or government entities; he specifically cited trail usage and creek usage, or a compatible use clause. Mayor Jacobs said it would need to be similarly encumbered, and not used as a subterfuge. Study Session Minutes -2- August 28, 2006 Councilmember Sanger said the purchasing entity would have to ensure a proper and compatible usage. She cautioned against generic information in regard to selling of parcels. Councilmember Paprocki asked if the goal could be accomplished by keeping stricter requirements on rezoning but less stnngent requirements on sale. City Manager Tom Harmening said the ordinance language could be crafted to include an exemption for certain situations, e.g , a sale to another public entity that would use the property for a like purpose, etc Mr. Locke said staff can talk to the city attorney, Tom Scott. Councilmember Finkelstein said along with the word sale, also include lease or joint venture. Councilmember Omodt asked how utility easements would be handled. Mr. Harmening said in the future, staff and Council will discuss privately-owned, commercial open space enterprises. Mr. Harmening summarized: Add an exemption piece where the city sells or leases property to a public or private entity that will basically use the property in a way that is allowed by the city's future zoning ordinance(s); staff should include leases (if the city ever wants to sell or lease). Mr. Harmening will bnng this back to the Council. Mr. Harmening noted that this is not a zoning ordinance. Councilmember Carver suggested a joint track for park property sale procedure (ordinance) and update on park zoning district Councilmember Basill and Councilmember Paprocki agreed. 2. Update on Park Zoning District Senior Planner Sean Walther presented the staff report. Councilmember Sanger has concerns about putting police and fire stations in parks, she would prefer to draw boundaries around the stations Mr. Locke said staff tned not to be so specific as to have the zoning ordinance design the park system Mr. Locke would like to know if Council desires one or two park districts, and there are four parcels that require special attention. Councilmember Finkelstein would like to zone for police and fire stations. Referring to page 4 of the staff report, Councilmember Carver favors that parks and open space not be separated; it would be futile to do so Councilmember Omodt doesn't want to make things harder to accomplish. Councilmember Sanger needs more information to make an informed choice regarding one versus two zoning districts; she would like to know what the Planning Commission had to say about it. Staff had not provided the Council with the minutes of the Planning Commission meeting, so it was not clear why Planning Commission had made the recommendation to have both passive space and park space districts. Therefore, she thought it was premature to make the decision until they had the benefit of the Planning Commissions analysis of the subject. Councilmember Paprocki said it appears the two districts are parks and wetlands For Councilmember Basill, one district is fine, for Councilmember Finkelstein, two districts make it more confusing. Councilmember Omodt and Mayor Jacobs favor one district. Study Session Minutes -3- August 28, 2006 Councilmember Omodt said he wants to see non-exclusivity in the parks. He would like to add language to the ordinance regarding the use of city parks by youth groups in St. Louis Park who benefit all kids and not make it exclusive Councilmember Basill is aware of a dichotomy. In regard to that, Councilmember Basill would like to add Carpenter Park as a park and not have it guided as civic in the Comprehensive Plan. Councilmember Finkelstein commented that no one park belongs to any one organization. Mr. Walther said the Planning Commission's position on the following three parcels is to leave them zoned R-1, which would provide maximum flexibility Those parcels are: 1608 Utah Avenue South, 9258 Club Road (next to Cedar Manor Park) and 2600 Natchez Avenue. Councilmember Basill suggested a public process for 1608 Utah Avenue South. Mayor Jacobs wants to proceed with a public process for 9258 Club Road, and Councilmember Finkelstein suggested put that parcel under park. Councilmember Sanger suggested it may be conducive to become a dog park, however, she suggested reviewing city documents and or minutes Councilmember Sanger is concerned about the lack of clear notice and treating 2600 Natchez Avenue differently than anything else that is guided as park. She said it should go back for a neighborhood process and consider the environmental process She again pointed out that permitting construction on this site could threaten the adjacent wetland and contribute to flooding problems in the area, and would require the removal of two large mature oak trees Councilmember Basill said the additional public process is yet to come. Councilmember Finkelstein would like to call it a park and move on. Councilmember Carver expressed his displeasure in regard to citing vote tallies, it is unproductive. Councilmember Omodt agreed. Mr Harmening said the question to the Council is: As we move ahead with the park zoning process, should we keep the corner piece at 2600 Natchez Avenue out of the process? Mr. Harmening said staff and Council need to take steps to re-guide this parcel, which would take five votes. Mr. Harmening understands that staff will need to proceed with a Comprehensive Plan amendment. Mayor Jacobs asked if there are still title issues on this lot Mr Locke responded yes. Mr. Locke said the DNR would have to sign off on the appraisal process and the issue regarding tax forfeiture 3. Future Study Session Agenda Planning Mr. Harmening and the Council discussed study session agenda planning. The meeting ended at 9:32 p.m. -y? - 04 City Clerk Ma .r IP