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Home My WebLink About2321-06 - ADMIN Ordinance - City Council - 2006/12/04• • ORDINANCE NO. 2321-06 CITY OF ST. LOUIS PARK HENNEPIN COUNTY, MINNESOTA ORDINANCE ESTABLISHING THE CRITERIA AND PROCEDURAL REQUIREMENTS THAT THE CITY COUNCIL MUST MEET BEFORE CONSIDERING THE SALE OF ANY CITY PARK PROPERTY, AMENDING CHAPTER 20 OF THE ST. LOUIS PARK CODE OF ORDINANCES THE CITY OF ST. LOUIS PARK DOES ORDAIN: SECTION 1. Chapter 20 of the St. Louis Park Code of Ordinances relating to "Parks and Recreation" is amended by adding the following section. Sec. 20-7 Sale of Park Property (a) Purpose. The purpose of this section is to recognize that public parks and open space are essential for the well-being of the city and that their protection and enhancement is a City pnonty. (b) Definitions. For purposes of this section, the following definitions shall apply Park Property The term "park property" shall mean any city -owned land that, at the time of any proposed sale, either is or has been within the last five years zoned Parks and Open Space. Sale of Park Property The term "sale of park property" shall mean the transfer of legal or equitable title to the property, the approval of a joint venture or other similar legal relationship with a third party which involves the use and control of the property, or a lease of the property, including any renewal options, for five years or more. The term shall not include a lease to a third party for an allowed use in the Parks and Open Space Distnct. (c) Exception. This section shall not apply to the sale of park property to another governmental entity or non-profit corporation so long as the sale requires the acquiring entity to continue the use of the property for public park purposes consistent with the uses allowed in the Parks and Open Space Distnct with title reverting to the City if such park use is discontinued. (d) Procedure. In addition to any procedural requirements under state statute and city code relating to comprehensive plan or zoning amendments, before the City Council can consider the sale of any park property to which this section applies, the following procedures must be followed: Ordinance No. 2321-06 -2- (1) Public Information Meeting a. A Public Information Meeting shall be conducted by City Staff. The process shall be initiated by the City Manager or its designee at the direction of the City Council. The purpose of the meeting is to inform and receive feedback from the community on the proposed land sale. b. The notice of the meeting shall be given in the same manner as the notice of the public heanng before the Planning Commission, except that the published and mailed notice shall be given twenty- one (21) days before the meeting. (2) Planning Commission hearing. a. After the Public Information Meeting, a public heanng shall be conducted by the Planning Commission. b. A notice of the time, place and purpose of the hearing shall be published in the official newspaper of the City and posted on the city web site at least ten days pnor to the date of the hearing. c. A notice of the hearing shall also be mailed at least two weeks before the date of the hearing to each owner of record of property located wholly or partly within 1,320 feet of the park property being considered for sale. A notice shall also be mailed to the chair person (if any) of the neighborhood association within which the park property is located. d. The notice shall use the records of the County Auditor's office or other appropnate records to determine the names and addresses of owners entitled to written notice A copy of the notice and a list of the owners and addresses to which the notice was sent shall be attested to by the person giving the notice and shall be made a part of the record of the proceedings. The failure to give mailed notice to individual property owners or defects in the notice shall not invalidate the proceedings provided a bona fide attempt has been made to comply with this section. e. A sign shall be posted by the City on the property clearly visible from the street advising the public that the property is being considered for sale and appropnate contact information. This sign shall be posted at least two weeks pnor to the hearing. f The heanng under this section shall be conducted concurrently with the public heanng required for a comprehensive plan amendment and rezoning of the park property being considered for sale • • Ordinance No. 2321-06 -3- (3) g. After closing the public heanng, the Planning Commission shall make its recommendations to the City Council. The matter shall then be referred to the Park and Recreation Advisory Commission for its review. h. In making its recommendation, the Planning Commission shall consider the information and comments expressed at the public heanng, the cntena relating to comprehensive plan and rezoning amendments and all other factors the Commission deems relevant based upon the specific proposal being considered. Parks and Recreation Advisory Commission Review. a. After the Planning Commission has made its recommendation, the Parks and Recreation Advisory commission shall review the matter and provide its comments and recommendation to the City Council. b The Commission shall consider the impact of the proposed sale on the current and long range parks and recreation plans for the City. (4) City Council consideration. a. Except as provided for in Subsection 4(0 herein, the City Council may consider the sale of park property only after the Planning Commission has completed the public heanng and made its recommendation and the Parks and Recreation Advisory Commission has completed its review. b. A notice of the time, date, and place of the City Council's first reading of a resolution considering the sale of park property shall be mailed at least ten (10) days in advance of the meeting to each owner of record of property located wholly or partially within 1,320 feet of the park property being considered for sale and the neighborhood president (if any). c. Consideration of the sale of park property may occur concurrently with the Council's consideration of a comprehensive plan and rezoning amendments d. The Council's action shall be by resolution requiring a first and second reading separated by a minimum of fourteen (14) days. e. An affirmative vote of at least five (5) council members at both the first and second reading of the resolution is required to approve the sale of park property. Ordinance No. 2321-06 -4- f. If the Planning Commission and Parks and Recreation Commission have not made their recommendations and comments within 75 days of the date of the public hearing, the City Council at its discretion may act on the proposed sale without such recommendations and comments. SECTION 2. This Ordinance shall take effect fifteen days after its publication. First Reading November 20, 2006 Second Reading December 4, 2006 Date of Publication December 14, 2006 Date Ordinance takes effect December 29, 2006 ed for Administration. Cit Attest: er City Clerk Adopted by the City Council December 4, 2006 Ma or Appro ed as to form and execution: City Attorney • • • • STATE OF MINNESOTA) e-lp,Ii mu newspapers AFFIDAVIT OF PUBLICATION ss COUNTY OF HENNEPIN) Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief Fi- nancial Officer of the newspaper known as and has full knowledge of the facts stated below (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minn Stat §331A 02, §331A 07, and other applic- able laws, as amended (B) The printed public notice that is attached was published in the newspaper once each week, for one successive week(s), it was first published on Thursday, the 14 day of December , 2006, and was thereafter printed and published on every Thursday Sun -Sailor to and including Thursday, the day of , 2006, and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowl- edged as being the size and kind of type used in the composition and publication of the notice abcdeigh q kl m nopq rstuvwxyz BY Subscribed and sworn to or affirmed before me on this 14 day of December , 2006 Notary P"ubh MARY ANN CARLSON NOTARY PUBLIC — MINNESOTA MY COMMISSION EXPIRES 1-31-09 RATE INFORMATION (1) Lowest classified rate paid by commercial users efor comparable space (2) Maximum rate allowed by law (3) Rate actually charged $ 2 85 per line $ _ _ 6 20 per line $ 1 30 per line City of St. Louis Park (Official Publication) SUMMARY ORDINANCE NO 2321-06 AN ORDINANCE AMENDING CHAPTER 20 ST LOUIS PARK ORDINANCE CODE ESTABLISHING CRITERIA AND PROCEDURAL REQUIREMENTS FOR CONSIDERING SALE OF CITY PARK PROPERTY This ordinance establishes criteria and procedural re- quvements that must be met before considering the sale of any City park property This ordinance shall take effect 15 days after puolicatwn Adopted by the City Council December 4, 2006 Jeffrey W Jacobs /s/ Mayor A copy of the full text of this ordinance is available for in- spection with the City Clerk Published in St Louis Park Sailor December 14, 2006 (Dec 14, 2006) a3 -Ord 2321-06 summ