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HomeMy WebLinkAbout97-30 - ADMIN Resolution - City Council - 1997/03/03f 10 RESOLUTION NO97 -30 RESOLUTION ESTABLISHING POLICY FOR THE DISPOSITION OR USE OF PUBLIC LAND WHEREAS, the purpose of a disposition or use of public land is to provide fair and uniform treatment of all requests for the private use of public land; and WHEREAS, the City Council is granted the authority, to approve or deny all requests for the private use of public land; and WHEREAS, it is felt that adoption of a Policy will equitably guide the City in disposing of said requests. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that: All private use of public land requests will be reviewed by staff, but requests will only be considered and processed if supported by staff, by Council, or in accordance with said Policy. Requests for private use of public land are hereby classified in four (4) basics areas 1. Permanent disposition by vacation. 2 Permanent disposition by sale. 3. Temporary public service use 4 Temporary private use. Adopted by the City Council March 3, 1997 Attest: Cit" Clerk Reviewed for administration. Resolt.ibion No. 97-30 2/25/97 POLICY FOR THE DISPOSITION OR PRIVATE USE OF PUBLIC LAND Policy Statement Property owners adjacent to City owned land or public easements will from time to time request considerationfrom the City to allow the owner to acquire a portion of the City land, vacate a City right of way or easement, or authorize temporary use of City land. The City acknowledges that it only desires to own land or easements that serve a present or future public purpose, meet the goals of the Comprehensive Plan, or provide open space for flora and fauna, and provide environmental protection. In response, the City will allow the release or use of public iana and easements in accordance with this policy and its established criteria. Permanent Disposition By Vacation (Applies to easements and dedications, not ownership by deed or title.) Intent There are occasions when property owners desire the use of City owned right of way or easements for permanent structures or other permanent uses. Examples of this include the de,ire to expand existingstructures or add garages or LlPcks which would encroach onto an easement, City right of way, or into a required setback; or for commercial uses, the need to meet the requirement for additional parking . The City will not allow private permanent uses of any public land. The City will instead consider the permanent disposition of such land by vacation or sale if it meets with the requirements set forth below. Eligibility A. Eligibility of an applicant to request vacation of public land. I Applicant shall be the owner of land adjacent to and abutting the land requested to be vacated. 2. The applicant's.property shall not be delinquent on any property taxes. B. Eligibility of the land to be vacated. 1. The City Council must find that the easement in question has no existing or future public need or use. 2. The easement must not have been acquired by the City through tax forfeiture or dedication. Resolution No 97-30 3. The land must not be designated on the Comprehensive Plan as park Iand. 4. The easement requested to be vacated must be under the jurisdiction of the City. 5. The City shall not vacate easements across any wetland. 6. A resulting right of way vacation will not landlock any existing parcel or lot of record. Requirements. A. Applicant must present documentation justifying the need for the additional land. B. All structures, existing or proposed must be in conformance with all applicable codes and ordinances (Comprehensive Plan, Zoning Ordinance, Uniform Building Code) C. Applicant must provide the following: 1. Proof of ownership of the adjacent private property. 2. Legal description of the adjacent private property. 3. Survey of the adjacent private property showing all boundaries, structures, topographic contours, and if in a floodplain. building elevations. 4. Legal descnption of the public property being requested. 5. Survey of public prope.-ty beim., c:quest..d. 6. Application fee. D. If request is determined to be eligible for vacation of street, alley or easement, applicant inust comply with City Ordinance Section 6-110 and City Charter Section 11.03. hardship - The applicants need for the land to be sold or vacated shall be based on the same principles as those used to issue a Zoning Variance, i.e. hardship due to the unique nature of the applicant's existing parcel that iimits the ability of the applicant to enjoy the same liberties as other property owners within the general area. example: The need for additional living space that cannot be accommodated on the existing lot due to unusual conditions such as shape of the lot, water conditions, grade changes, etc. 1 . Resolution No. 97-30 Procedure A. All requests must comply with or bring the properties into conformance with all applicable City, County, State, and/or Federal laws, codes and ordinances. B. Petition for vacation of property shall be in conformance with the provisions of City Ordinance Section 6-110, City Charter Section 11.03 and shall be processed in accordance with procedures set by Community Development Department. C. All requests for vacation shall be brought to the Development Review Committee for review by all City departments. Permanent Disposition By Sale Intent Whenever the City holds fee ownership of property which has no current or future public need, and the sale of which shall not conflict with the Comprehensive Guide Plan, the City may choose to sell the property for development or other use. The City will consider the permanent disposition of land by sale if it meets with the requirements set forth below. Eligibility A. Eligibility of an applicant to request sale of public land. 1 If the applicant is ,in abutting property owner. the eligibility is the same as for a vacation above. 2. If the applicant is not an aoutting property owner, eligibility requirements are the same as for ownership of any real property. B. Eligibility of the land to be sold. 1. The City Council must find that the land in question has no existing or future public need. 2. The land must not have been acquired by the City through tax delinquency (forfeiture) or dedication. 3. The land must not be designated on the Comprehensive Plan as park or open space. 4. Land requested -to be sold or vacated must be under the jurisdiction of the . City. 5. The land shall not contain any wetland. 6 The parcel must meet all of the size requirements of the Zoning Ordinance for a buildable parcel, except that an unbuildable parcel may be sold to an abutting property owner. 3 Resolution No. 97-30 7. The sale will not result in a remnant parcel that does not meet Zoning Ordinance requirements for a buildable parcel or which does not have direct access from a public street. Requirements. The applicant must provide the following: 1. Proof of ownership of the aajacent private property if the applicant is the abutting property owner. 2. Legal description of the adjacent private property if the applicant is the abutting property owner. 3. Survey of public property being requested. Procedu re A. All requests must comply with or bring the properties into conformance with all applicable City, County, State, and/or Federal laws, codes and ordinances. B. Requests for the sale of public property shall be processed in accordance with requirements of the City Charter Section 11.02. All requests shall be taken to the Planning Commission for review and recommendation. C. All requests for the sale of City property shall be brought to the Development Review Committee for review by all City departments. Temporary Public Service Use Temporary public service uses are those uses which utilize public rights of way to offer a service to the general public. These uses include phone booths, vending machines, mail boxes, automatic cash machines, bus benches, etc. which are not owned or operated by an abutting property owner. It is the policy of the City to allow these uses when the use promotes the general welfare and safety of the public as long as the location of any structures does not impede any other public use or inhibit safety or maintenance of the public right of way. Eligibility A. Eligibility of an applicant to request temporary use of public land. 4 Resolution No. 97-30 1. Applicant shail be a vendor whose product, service. or facility provices a public service. B. Eligibility of the land to be temporarily used 1. Except for bus benches, land must be located within the C- I , C-2, 0, I -P, or I- G Zoning District. 2. Land must be within a public right of way or easement for street or pedestrian purposes. Location Restrictions A. Bus Benches - Bus benches shall comply with all of the provisions of Ordinance Code 13-740 through 13-744. B. Vending Machines, ATM Machines, Phone Booths, Mail Boxes, Bus Shelters 1. The use cannot be located between the street and sidewalk. In the event a sidewalk does not exist. the use is prohibited. 2. The use cannot block visibility at intersections and shall comply with visibility requirements of the Zoning Ordinance. 3. The use cannot be located within 5 feet from a fire hydrant. 4. All structures must be in conformance with all applicable codes and ordinances (Comprehensive Plan, Zoning Ordinance. Uniform Building Code) 5 If more than one vending machine is located abutting a single property. these shall be grouped. However, no more than five (5) vending machines or ten (10) feet in overall length, whichever is less, shall be located within a single bank. Other Restrictions A. The location of any structure shall not impede other public uses or maintenance of the street or sidewalk. B. No signs may be located upon a vending machine or phone booth, except to display the publication or item within the vending machine. C. No reflective or fluorescent materials or colors shall be used on the vending machine. D. No vending machine shall exceed a heiiznt of 2.5 feet. unless it is located within one foot of a building wall, then the height shall not exceed 6 feet. Procedure A. The applicant shall submit to the Department of Public Works an application for the private use of public property together with applicable fees and the application requirements under B. and C. below. 5 Resolution No. 97-30 R B. The applicant shall provide to the City a site plan indicating the proposed location of any structures to be placed on public land. This site plan shall show the location of all property lines, curbs, sidewalks, fire hydrants, light poles, trees, etc. C. The applicant shall provide to the City evidence of approval from the abutting property owner. D. After all of the application materials are received, the Department of Public Works shall determine whether the application meets all of the requirements for the temporary use of public land and also determine what fees, if any should be charged to the applicant to cover any City costs which may be associated with the proposed use or structure being placed on City right of way. E. If the applicant's request is granted, the applicant shall execute an Encroachment Agreement, in the form approved by the City, for the use of public property. (This agreement contains a clause which exempts the City from any responsibility for loss or damage to any structure. The agreement also contains a clause which allows the City to terminate the agreement with a 60 -day notification.) F If the Department of Public Works denies any application for the temporary public service use of a public right of way or easement, the applicant may appeal the decision to the City Council within 30 days of that decision. Temporary Private Use An abutting property owner may desire the temporary use of public land. Temporary private use of public land are those uses which provide a convenience to a property owner, but are not essential for the operation of business or residential use of the property. These uses include commercial uses such as outdoor seating for restaurants, fences, canopies, irrigation systems, sidewalk sales, etc; or residential uses such as driveways, sidewalks, retaining walls, shrubs. or gardens. Eligibility A. Eligibility of an applicant to request private temporary use of public land. 1. Applicant shall be the owner of land adjacent to and abutting the land requested to be temporarily used. 2. The applicant's pioperty shall not be delinquent on any property taxes. B. Eligibility of the land to be temporarily used. 1. The land must not have been acquired by the City through tax delinquency (forfeiture) or dedication. 2. The [and must not be designated on the Comprehensive Plan as park land. 3. Land must be under the jurisdiction of the City. 6 Resolution No. 97-30 4. The private use of the property shall not impede any public use of the property. ApplicatioCReq_uirements, A. Applicant must present documentation justifying the need for the additional land. B. All structures or uses proposed must be temporary in nature, and shall be in conformance with all applicable codes and ordinances (Comprehensive Plan, Zoning Ordinance, Uniform Building Code, etc.) C. Applicant must provide the following: 1. Application Fee 2. Proof of ownership of the adjacent private property. 3. Legal description of the adjacent private property. 4. Description of the public property being requested. 5. A site plan, drawn to scale, indicating the proposed location of any structures/uses to be placed on public land. This site plan shall show the location of all property lines, curbs, sidewalks, fire hydrants, light poles, trees, utilities, etc. Procedure A. The applicant shall submit an application to the Department of Public Works for the private use of public property together with all application requirements. B. The Department of Public Works shall determine whether the application meets all of the requirements of this policy and also determine what appropriate fees, if any should be charged to the applicant to cover any City costs which may be associated with the proposed use or structure being placed on City land or right of way. C. If the applicant's request is granted, the applicant shall execute an Encroachment Agreement. in the form approved by the City, for the use of public property. (The agreement contains a clause wnich exempts the City from any responsibility for loss or damage to any structure. The agreement also contains a clause which allows the City to terminate the agreement with a 30 -day notification.) D. If the Department of Public Works denies any application for the temporary public service use of a public right of way or easement, the applicant may appeal the decision to the City Council within 30 days of that decision. C97/useland doL 7 b U2/06:07 Tar 1U:33 FAX 612 452 5550 C 1C S & F -- ST LUt'IS PARR mUU2 ENCROACHMENT AGREEMENT AGREEMENT made this day of , 19 , by and between the CITY OF ST. LOUIS PARK, a Minnesota municipal corporation ("City"), and , husband and wife ("Owner"). 1. BACKGROUND. Owner is the fee owner of in the City of St. Louis Park, County of Hennepin, and State of Minnesota ("subject property"). The City owns an easement for drainage and utility purposes over part of the subject property. Owner wants to construct a on the subject property which would encroach on the City's easement. 2. ENCROACHMENT AUTHORIZATION. The City hereby approves the encroachment on its easement for the construction of a , except over existing utilities. 3. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to encroach on the City's easement, Owner, for themselves, their heirs and assigns, hereby agree to indemnify and hold the City harmless from any damage caused to the subject property, including the on the subject property, caused in whole or in part by the encroachmenronto the City's easement. 4. TERMINATION OF AGREEMENT. The City may, at its sole discretion, terminate this Agreement at any time by giving the Owner of the subject property thirty (30) days advance written notice. The property owner shall remove the by the effective date of the termination of this Agreement. If the owner fails to do so the City may remove the at the Owner's expense. 47276 02/06/97 THU 10:34 FAN 612 452 5350 CAS & F »»» ST LOUIS PARK tib 003 5. RECORDING. This Agreement shall be recorded against the title to the subject property. (SEAL) STATE OF MINNESOTA ) ( COUNTY OF HENNEPIN ) ss. CITY OF ST. LOUIS PARK BY: , Mayor AND , City Manager PROPERTY OWNER: The foregoing instrument was aclazowledged before me this day of ,19 ,by and by , respectively the Mayor and City Manager of the City of St. Louis Park, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC 47276 2