HomeMy WebLinkAbout2006/11/20 - ADMIN - Agenda Packets - City Council - RegularAGENDA SUMMARY
CITY COUNCIL MEETING
ST. LOUIS PARK, MINNESOTA
November 20, 2006
7:30 PM
7:30 p.m. CITY COUNCIL MEETING
1. Call to Order
1a. Pledge of Allegiance
1b. Roll Call
2. Presentations
3. Approval of Minutes
3a. Study Session Minutes of October 16, 2006
3b. Study Session Minutes of November 6, 2006
Action: Corrections/amendments to minutes - Minutes approved as presented
4. Approval of Agenda and Items on Consent Calendar
NOTE: The Consent Calendar lists those items of business which are considered to be routine
and/or which need no discussion. Consent items are acted upon by one motion. If discussion is
desired by either a Councilmember or a member of the audience, that item may be moved to an
appropriate section of the regular agenda for discussion.
Action: Motion to approve the agenda as presented and to approve items listed on
the consent calendar
(Alternatively: Motion to add or remove items from the agenda, motion to
move items from consent calendar to regular agenda for discussion and to
approve those items remaining on the consent calendar).
5. Boards and Commissions
5a. Appointment of Citizen Representative to Boards and Commissions
Recommended
Action:
Motion to appoint citizen representative to the Police Advisory
Commission.
6. Public Hearings
6a. Continuation of Public Hearing to Consider the 2007 Property Owner
Service Charges for Special Service District No. 4
This report considers the approval of the 2007 Property Owner Service Charges
for Special Service District No. 4.
Recommended
Action:
Close Public Hearing. Motion to approve resolution setting
the 2007 Property Owner Service Charge for Special Service
District No. 4 and directing staff to certify the annual service
charges to Hennepin County.
7. Requests, Petitions, and Communications from the Public – None
8. Resolutions, Ordinances, Motions and Discussion Items
8a. First Reading Parks and Open Space Zoning Text and Map Amendment
Case No. 06-56-Z and 06-64-ZA
Recommended
Action:
Motion to approve the first reading of the Zoning Ordinance
and Zoning Map Amendments to create a Park and Open
Space Zoning District.
8b. First Reading of an Ordinance Establishing Criteria and Procedural
Requirements for Sale of City Park Land
Recommended
Action:
Motion to adopt first reading of the Ordinance establishing
criteria and procedures for the sale of City owned park and
opens space and setting the second reading for December 4,
2006.
9. Communications
10. Adjournment
Auxiliary aids for individuals with disabilities are available upon request. To make arrangements, please call
the Administration Department at 952/924-2525 (TDD 952/924-2518) at least 96 hours in advance of meeting.
ST. LOUIS PARK CITY COUNCIL
MEETING OF NOVEMBER 20, 2006
SECTION 4: CONSENT CALENDAR
NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which need no
discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a
member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion.
4a. Motion to approve Resolution to suspend collection of the Local Tax on Lawful
Gambling through 2007
4b. Motion to approve the Second Amendment to the Vehicle Towing and Impounding
Agreement between the City and All Hours Towing and; Motion to approve the
revised Lease Agreement between the City and All Hours Towing.
4c. Motion to approve Planning Commission Minutes of October 18, 2006.
4d. Motion to approve Vendor Claims for Filing.
AGENDA SUPPLEMENT
CITY COUNCIL MEETING
***November 20, 2006***
Items contained in this section are those items
which are not yet available in electronic format
and which are identified in the individual reports
by inclusion of the word “Supplement”.
St. Louis Park Council Meeting
Item: 112006 - 3a - Study Session Minutes Of October 16, 2006
Page 1
UNOFFICIAL MINUTES
CITY COUNCIL STUDY SESSION
October 16, 2006
The meeting convened at 7:06 p.m.
Councilmembers present: John Basill, Phil Finkelstein, Paul Omodt, Loran Paprocki, Susan
Sanger, and Mayor Jeff Jacobs.
Councilmember Carver was absent.
Staff present: City Manager (Mr. Harmening); Community Development Director (Mr. Locke);
Housing Supervisor (Ms. Schnitker); Housing Programs Coordinator (Ms. Larsen); and
Recording Secretary (Ms. Samson).
1. Housing Matrix Presentation
Housing Supervisor Michele Schnitker presented a draft of the Housing Matrix October 2006.
Ms. Schnitker said the purpose of the matrix is to act as a tool for policy makers to monitor
housing development within the City and to report the progress being made on maintaining or
meeting housing goals. Staff would like to present a housing matrix to Council bi-annually.
Housing Programs Coordinator Kathy Larsen gave the particulars of the Housing Matrix.
Councilmember Finkelstein said work needs to be done to increase the number of owner-
occupied affordable housing units.
Councilmember Sanger asked if the goals set by the Metropolitan Council can be renegotiated
and asked how St. Louis Park compares with other cities in meeting goals. Ms. Schnitker said
the Metropolitan Council is proposing new goals for 2010 and 2020, and staff will renegotiate
the goals.
The meeting ended at 7:23 p.m.
______________________________________ ______________________________________
City Clerk Mayor
St. Louis Park Council Meeting
Item: 112006 - 3b - Study Session Minutes Of November 6, 2006
Page 1
UNOFFICIAL MINUTES
CITY COUNCIL STUDY SESSION
November 6, 2006
The meeting convened at 6:30 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);
Planning and Zoning Supervisor (Ms. McMonigal); Senior Planner (Mr. Walther); Economic
Development Coordinator (Mr. Hunt); and Recording Secretary (Ms. Samson).
1. Bass Lake/EDI Concept Plan
Community Development Director Kevin Locke presented background information. Mr. Locke
said there are several site challenges. Any construction on the Bass Lake site would require
pilings, 60-70 feet. There will be a need for a certain level of protection and separation between
the dump materials, i.e., the old ash, and the surface. MPCA is applying an industrial standard to
the Bass Lake site. At the request of Parks and Recreation, staff has produced plans that show
two tennis courts remaining on this site. There should be some surface parking.
Councilmember Carver asked about the value of surface parking. Mr. Locke said the cost of
providing surface parking is less than the cost of providing spaces in the ramp, and surface lot
parking works well for short-term.
Mr. Locke said staff has asked SRF to look at changing the intersection configuration at Belt
Line Blvd and 36th Street into the Rec Center. There is only one exit from the Rec Center. Mr.
Locke said the Bass Lake site for the EDI would require re-platting and no more than half of the
site would be owned by United Properties.
Councilmember Paprocki asked staff and Council if they were sure that there should be no single
family residential built on this property. Staff indicated that aside from land use matters, given
the environmental conditions on the property, accommodating single family homes was difficult.
Economic Development Coordinator Greg Hunt responded that the MPCA views this property as
under an industrial standard, so the standard in regard to pollutants is less restrictive. If single
family homes were proposed to be built, the environmental standards are much more stringent.
Councilmember Finkelstein likes Options 1 and 2 best because he doesn’t want the ramp to be
the first thing people see.
Councilmember Finkelstein wants to make it clear that a title reverted clause would be
required—if not used as an EDI, the City has some version of a put so the City can buy it back.
Councilmember Sanger suggested taller buildings to generate more money and to eliminate the
need for TIF funding and save on green space. Councilmember Sanger asked what thought has
been given to adding height to some of the buildings, and asked about TIF. Mr. Locke said he
thinks TIF was not discussed but it comes out of getting a better understanding of what it will
take to build on this site. Mr. Locke said more financial analysis will have to be done.
St. Louis Park Council Meeting
Item: 112006 - 3b - Study Session Minutes Of November 6, 2006
Page 2
Councilmember Carver said, in general, the plans are exciting. He doesn’t like surface parking
because it takes away from the green space; he likes the circle feature for purposes of traffic
movement; and it makes sense to review the intersection to improve ingress and egress at the Rec
Center. He said Council will have to discuss a use for the civic space. Councilmember Carver
said it should be different from Excelsior & Grand but very complementary to Excelsior &
Grand, e.g., in earlier discussions he stated that this could be an extension of a “dinner and”
theme; connectivity through the passes are important. He added, if the tennis courts fit, there
doesn’t seem to be any problem with using that space.
Councilmember Basill likes the green space that opens to 36th Street versus an internal location.
Tennis courts are acceptable as long as St. Louis Park meets its obligation to Benilde-St.
Margaret’s. Councilmember Basill wants to keep civic closer to the Rec Center. He is
comfortable with a little more height to increase green space but probably not more than four
stories due it its proximity to the Minikahda Oaks neighborhood. Depending on how the
intersection would be reconfigured, a little more parking on the north side of the Rec Center
would be helpful.
Councilmember Finkelstein wants to be sure the EDI building will be entirely EDI.
Councilmember Sanger asked if TIF financing could be used for a building that at some point
could be transferred back to a nonprofit organization. Mr. Hunt responded that Park Nicollet
pays property taxes and TIF wouldn’t work if the property were to be conveyed to an entity that
is tax exempt—it wouldn’t work and the developer is aware of this.
Mayor Jacobs likes the idea of re-engineering the intersection for easier ingress and egress to the
Rec Center. The civic use should be on the south end of the site; and a little more height is a
good idea. He agrees with Councilmember Basill about neighborhood meetings. Mayor Jacobs
would like to incorporate public art and sculpture through out the entire development and asked
staff to minimize the surface parking.
Councilmember Paprocki said all traffic in and out must cross up to four lanes of roadway,
which is problematic. Mr. Hunt said staff would encourage SRF to look at the traffic patterns
and whatever is done be done in conjunction with the Rec Center expansion.
Councilmember Omodt said the civic use is not necessarily a building.
Mayor Jacobs suggested the tennis courts be situated near some parking. Mr. Locke said the
Parks and Recreation Department is working with Benilde-St. Margaret’s.
Councilmember Sanger commented don’t forget other parts of the City in regard to the civic use.
Mayor Jacobs said the Council consensus is to move forward.
The meeting ended at 7:15 p.m.
______________________________________ ______________________________________
City Clerk Mayor
St. Louis Park Council Meeting
Item: 112006 - 4a - Suspension Of Local Gambling Tax
Page 1
4a. Adoption of a Resolution to suspend collection of the Local Tax on Lawful
Gambling through 2007
BACKGROUND:
Staff presented information last year regarding the positive fund balance used to enforce and
administer gambling in the city of St. Louis Park. Cities which collect a local gambling tax to
pay for administrative costs are required to submit an annual report showing the fund balance. If
a positive fund balance exists, the city must justify the reason for maintaining the positive fund
balance, or refund the money directly to the organizations that contributed to the fund.
Due to the existence of a positive fund balance, Council suspended the local tax on lawful
gambling on September 19, 2005 and suspended the collection of the tax through 2006. In
addition, Council amended the ordinance on October 10, 2005, changing the tax from 2% of
gross receipts to three-quarter of a percent (0.0075%).
Staff has conducted a preliminary review of the fund balance and determined that the current
balance (approximately $14,000) will cover administration and enforcement costs related to
charitable gambling for 2007.
Finance and Administrative Services staff will be revisiting this issue after the first of the year
and will return with recommendations for Council’s consideration prior to the 2008 budgetary
discussions. Staff is recommending that Council adopt the attached resolution to suspend
collection of the local gambling tax for 2007.
Attachments: Resolution
Prepared By: Marcia Honold, Management Assistant
Approved By: Tom Harmening, City Manager
St. Louis Park Council Meeting
Item: 112006 - 4a - Suspension Of Local Gambling Tax
Page 2
RESOLUTION NO. 06-180
RESOLUTION SUSPENDING COLLECTION OF
THE LOCAL CHARITABLE GAMBLING TAX
WHEREAS, St. Louis Park City Code Section 15-9 requires that charitable gambling
organizations operating in the city pay a tax to the city which can only be used to fund the city’s
efforts in administration and enforcement of gambling; and
WHEREAS, a positive tax fund balance exists which will adequately provide the city
with resources needed to fully fund gambling administration and enforcement operations through
2007.
NOW THEREFORE BE IT RESOLVED that collection of the charitable gambling tax
is hereby suspended for the calendar year 2007 effective upon passage of this resolution.
LET IT BE FURTHER RESOLVED that the suspension be reevaluated prior to
calendar year 2008.
Reviewed for Administration:: Adopted by the City Council November 20, 2006
City Manager Mayor
Attest:
City Clerk
St. Louis Park Council Meeting
Item: 112006 - 4b - All Hours Towing Contract Amendment And Lease Agreement
Page 1
4b. Motion to approve the Second Amendment to the Vehicle Towing and Impounding
Agreement between the City and All Hours Towing and; Motion to approve the
revised Lease Agreement between the City and All Hours Towing.
BACKGROUND:
On October 3, 2006 the City Council approved a First Amendment to the Vehicle Towing and
Impound Agreement and a Lease Agreement between the City and All Hours Towing. Staff
subsequently was informed that in order for the City to be in compliance with Hennepin County
property tax requirements a Payment In Lieu of Taxes (PILOT) needs to be collected in addition
to monthly rent for the new Impound Lot at 5100 Park Glen Road. The County requires a
payment equal to 30% of the rent. This is a significant additional expense for All Hours. The
towing contractor is uncomfortable signing a Lease Agreement for a property that is smaller and
more expensive than what it had in its former location especially since there are no guarantees
that it would retain its contract with the City beyond the current agreement which expires in just
three years (December 31, 2009). To create a more equitable agreement for All Hours and also
to ensure the City receives quality towing services and recoups the expenses it incurred in
developing the Impound Lot, an amendment to the Towing Agreement and a revised Lease
Agreement have been prepared for the Council’s consideration. The proposed Second
Amendment to the Towing Agreement extends the term of the current Towing Agreement and
the Lease Agreement four years until December 31, 2013. It also requires All Hours to continue
to satisfactorily fulfill its obligations under the Towing Agreement. This proposed contract
extension has mutual benefits. From the City’s perspective:
1. It allows for All Hours to compensate the City for the PILOT payments required by the
County.
2. It provides the City with a constant lease revenue stream that can be used to defray the
costs associated with the construction of the new Impound Lot. Based upon projected
monthly lease payments of $1,885, with annual 1% increases, it is estimated that the new
Impound Lot would be fully paid for in 2013.
3. It provides for an impound lot within the City limits that is easily accessible and
convenient to both residents and police.
From All Hours’ perspective:
1. Extending the Towing and Lease Agreements provides it with the assurance that it will be
able to continue providing its services to the City for another four years beyond the
expiration of its current contract.
2. It spreads the costs incurred from relocating to the new property over more time.
3. It delays any potential need for relocation for about seven years.
In the event All Hours failed to fulfill its service obligations, the Towing Agreement and the
Lease Agreement could be terminated and All Hours would be required to vacate the property
within 30 days. Based upon All Hours’ current performance under the existing Towing
Agreement, the Police Department is confident that All Hours will continue to perform well. For
this reason the Police Department is supportive of the proposed contract extension.
There is nothing in the current Towing Agreement that precludes the proposed extension or
requires that the Towing Agreement be rebid upon its expiration.
St. Louis Park Council Meeting
Item: 112006 - 4b - All Hours Towing Contract Amendment And Lease Agreement
Page 2
Beyond the change in the termination date and the continuation of the cost of living increases set
forth in the current Towing Agreement, all other terms and conditions of that agreement remain
unchanged.
RECOMMENDATION:
The City Attorney and staff prepared the attached Second Amendment to the Vehicle Towing
and Impounding Agreement and the revised Lease Agreement with All Hours Towing and
recommend their approval.
ATTACHMENTS: Second Amendment to Towing Agreement
Lease Agreement
Prepared by: Greg Hunt, Economic Development Coordinator
Reviewed by: Kevin Locke, Community Development Director
Approved by: Tom Harmening, City Manager
St. Louis Park Council Meeting
Item: 112006 - 4b - All Hours Towing Contract Amendment And Lease Agreement
Page 3
SECOND AMENDMENT TO CITY OF ST. LOUIS PARK
VEHICLE TOWING AND IMPOUNDING AGREEMENT
(City Contract No. 126-04)
The Agreement made as of January 1, 2005, by and between the City of St. Louis Park
(“City”) and All Hours Towing, Inc., a Minnesota corporation (“Contractor”) for Vehicle
Towing and Impounding Services, and amended on October 3, 2006, is hereby further amended
as follows:
1. Paragraph 2 of the Agreement which now states:
This Contract will be for a term of five (5) years commencing January 1,
2005 and ending December 31, 2009, unless terminated earlier pursuant to
Paragraph 12 of this Contract.
is amended to read as follows:
This Contract will be for a term of nine (9) years commencing January 1,
2005 and ending December 31, 2013, unless terminated earlier pursuant to
Paragraph 12 of this Contract.
2. Exhibit E of the Agreement captioned “Addendum to Vehicle Towing &
Impounding Agreement” relating to price adjustments for towing charges which
now states:
Following are the price adjustments expected during the 5-year contract:
Towing charges will be increased by $5.00 at the beginning of year 3 and
again year 5.
Storage charges will be increased by $5.00 at the beginning of year 4.
is amended to read as follows:
Charges for service provided by the Contractor may be adjusted as follows:
Towing charges may be increased by $5.00 on January 1, 2007, January 1, 2009,
January 1, 2011 and January 1, 2013.
Storage charges may be increased by $5.00 per day on January 1, 2008 and
January 1, 2012.
St. Louis Park Council Meeting
Item: 112006 - 4b - All Hours Towing Contract Amendment And Lease Agreement
Page 4
3. Paragraph 12.2 of the Agreement which now states:
Contractor currently subleases a portion of property commonly referred to as the
Golden property located adjacent to its office at 3635 Hampshire Avenue South
upon which its required storage facility is located. All or a portion of the Golden
property may be redeveloped during the five-year term of this Contract. If the
redevelopment of the property occurs and causes the termination of the sublease
and Contractor is unable to relocate the storage facility to another site meeting the
Contract requirements, then this Contract shall terminate at the time Contractor’s
sublease terminates, and neither party will have any claims against the other
relating to the Contract termination.
is amended to read as follows:
Contractor is leasing from the City a portion of the property commonly referred to
as the Water Tower property located at 5100 Park Glen Road upon which its
required storage facility is located (“Water Tower Lease”). The City’s early
termination of the Water Tower Lease from a default of the Lease terms by
Contractor shall constitute a breach of this Contract entitling the City to early
termination pursuant to Paragraph 12.1 herein, regardless of whether or not
Contractor has another site for its storage lot that meets the requirements of this
Contract.
All other terms and conditions of the Contract should remain in full force and effect.
CITY OF ST. LOUIS PARK
Dated: By:
Jeffrey W. Jacobs, Mayor
By:
Thomas K. Harmening, City Manager
St. Louis Park Council Meeting
Item: 112006 - 4b - All Hours Towing Contract Amendment And Lease Agreement
Page 5
ALL HOURS TOWING, INC.
Dated: By:
Its:
St. Louis Park Council Meeting
Item: 112006 - 4b - All Hours Towing Contract Amendment And Lease Agreement
Page 6
LEASE AGREEMENT
THIS LEASE (the “Lease”), made as of this ___ day of _____________, 2006, by and
between the CITY OF ST. LOUIS PARK, a Minnesota municipal corporation (the “City”), as
Lessor and ALL HOURS TOWING, INC., a Minnesota corporation (“All Hours”), as Lessee.
WHEREAS, the City is the owner of the real property located at 5100 Park Glen Road and
legally described as Lot 3, Block 2, Beltline Business Park Addition, Hennepin County,
Minnesota, (the “Water Tower Property”); and
WHEREAS, All Hours has a towing contract with the City that commenced on January 1,
2005 and terminates, as amended, on December 31, 2013 (or earlier for non-performance) (“City
Towing Contract”); and
WHEREAS, All Hours is in need of a relocation site for its towing and impounding
operation; and
WHEREAS, All Hours desires to lease approximately three-fourths of an acre of the Water
Tower Property as shown on Exhibit “A” hereto (“Subject Property”) from the City, and the City
desires to lease the Subject Property to All Hours, under the terms and conditions hereinafter set
forth.
NOW, THEREFORE, the parties hereto agree as follows:
1. Demise of Subject Property. Subject to and upon the terms, conditions, covenants
and undertakings hereinafter set forth, the City hereby leases to All Hours, and All Hours hereby
leases from the City, the Subject Property.
2. Lease Term. The term of this Lease shall commence on December 1, 2006 and
terminate upon expiration or early termination of the City Towing Contract, except that All
Hours shall have thirty (30) days after such expiration or termination to remove its office trailer
and personal property from the Subject Property and otherwise complete its operations.
3. Rent. The rent for the term of this Lease shall be One Thousand Eight Hundred
Eighty-five and No/100 ($1,885.00) Dollars per month, payable on the first day of each month
commencing December 1, 2006, with one percent (1%) annual increases on January 1, 2008 and
continuing each January 1 through the term of the Lease.
4. Real Estate Taxes. In addition to rent, All Hours will pay to the City at the time of
each monthly rent payment an additional thirty percent (30%) of the rent payment as reimbursement
to the City for its “payment in lieu of taxes” to Hennepin County.
St. Louis Park Council Meeting
Item: 112006 - 4b - All Hours Towing Contract Amendment And Lease Agreement
Page 7
5. Site Improvements. Prior to the Lease commencement date, City will, at its
expense, construct a fenced vehicle storage lot, a paved area designated for customer parking, and
related site improvements on the Subject Property in accordance with the Approved Plans agreed to
by the parties. The site shall also include a location for All Hours’ office trailer which will be
moved and permanently attached to the Subject Property for the duration of the lease.
6. Use. All Hours may use the Subject Property for the operation of its towing
business. No other use will be permitted without the written consent of the City.
7. Maintenance and Upkeep. All Hours is responsible, at its expense, for maintenance
and upkeep of the Subject Property, including, but not limited to fencing, lighting, landscaping, and
snowplowing. All Hours is also responsible, at its expense, for maintenance and upkeep of the
asphalt customer/employee parking areas and driveways into and out of the Subject Property
including sweeping, snowplowing, patching, and seal coating.
8. Utility Charges. During the term of this Lease, All Hours shall pay or cause to be
paid when due all gas, water, steam, electricity, heat, power, sewer, and other charges incurred in
the operation, maintenance, use, occupancy, and upkeep of the Subject Property.
9. Quiet Enjoyment. The City covenants that upon All Hours’ paying the rent reserved
herein, and performing all conditions and covenants set forth in this Lease, All Hours shall and may
peaceably have, hold, and enjoy the Subject Property for the term of this Lease. All Hours
covenants that upon expiration of this Lease, it shall give the City peaceable possession of the
Subject Property, together with the Improvements constructed thereon pursuant to this Lease.
10. Insurance. All Hours will comply with all insurance requirements contained in the
City Towing Contract which are specifically incorporated herein by reference.
11. Indemnification. All Hours will indemnify and hold City harmless from any and all
claims, including attorneys fees and costs, arising out of All Hours’ use of the Subject Property,
except to the extent caused by the negligence or willful misconduct of City or its officials,
employees, contractors or invitees.
12. MNDot Acquisition. The parties acknowledge that the Minnesota Department of
Transportation (MNDot) may need to acquire and utilize all or a portion of the Subject Property
during the term of this Lease for storm water ponding purposes. If MNDot acquires all or a portion
of the Subject Property by eminent domain or negotiation, this Lease will terminate in all respects
six (6) months after the City gives All Hours written notice of MNDot’s intent to acquire all or a
portion of the Subject Property. All Hours will not be entitled to any compensation paid by MNDot
to the City. Additionally, All Hours waives any and all claims against the City if the termination of
the Lease under this section results in the termination of the City Towing Contract because All
Hours is unable to locate another site in compliance with the requirements of the City Towing
Contract. City will in its sole discretion assist All Hours in finding another location.
13. Assignment. All Hours may not assign this Lease without the written consent of the
City.
14. Events of Default Defined. Any one or more of the following events shall be an
St. Louis Park Council Meeting
Item: 112006 - 4b - All Hours Towing Contract Amendment And Lease Agreement
Page 8
"Event of Default" under this Lease:
(a) Failure by All Hours to pay any payment required to be paid hereunder at the
time specified herein; and
(b) Failure by either party to observe and perform any covenant, condition or
agreement on its part to be observed or performed.
15. Remedies on Default. Whenever any Event of Default shall have happened and be
continuing, the nondefaulting party may take, but only upon not less than five (5) days' written
notice to the defaulting party, one or any combination of the following remedial steps:
(a) If All Hours is in default, the City may: (i) without terminating this Lease,
re-enter and take possession of the Subject Property and exclude All Hours from using the
Subject Property until the Event of Default is cured; or (ii) terminate the Term of this Lease
and exclude All Hours from possession of the Subject Property.
(b) Take any action at law or in equity which may appear necessary or desirable
to enforce performance and observance of any obligation, agreement, or covenant contained
herein
16. No Remedy Exclusive. No remedy herein conferred upon or reserved to either party
is intended to be exclusive and every such remedy shall be cumulative and shall be in addition to
every other remedy given under this Lease or now or hereafter existing at law or in equity. No
delay or omission to exercise any right or power accruing upon any default shall impair any such
right or power or shall be construed to be a waiver thereof, but any such right and power may be
exercised from time to time and as often as may be deemed expedient.
17. Binding Effect. This Lease shall inure to the benefit of and shall be binding upon
All Hours and the City and their respective successors and assigns.
18. Severability. In the event any provision of this Lease shall be held invalid or
unenforceable by any court or competent jurisdiction, such holding shall not invalidate or render
unenforceable any other provision hereof.
19. Amendments, Changes and Modifications. This Lease may be amended or any of
its terms modified only by written amendment authorized and executed by the City and All Hours.
20. Notices and Demands. Except as otherwise expressly provided in this Lease, a
notice, demand, or other communication under the Lease by either party to the other shall be
sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid,
return receipt requested, or delivered personally, to the following addresses (or to such other
addresses as either party may notify the other):
To All Hours: 5100 Park Glen Road
St. Louis Park, Minnesota 55416
To City: City of St. Louis Park
St. Louis Park Council Meeting
Item: 112006 - 4b - All Hours Towing Contract Amendment And Lease Agreement
Page 9
Attn: City Manager
5005 Minnetonka Boulevard
St. Louis Park, Minnesota 55416-2518
IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the date first
above written.
CITY OF ST. LOUIS PARK
By:
Jeffrey W. Jacobs, Mayor
By:
Thomas K. Harmening, City Manager
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ___ day of __________, 2006,
by Jeffrey W. Jacobs and Thomas K. Harmening, 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
St. Louis Park Council Meeting
Item: 112006 - 4b - All Hours Towing Contract Amendment And Lease Agreement
Page 10
ALL HOURS TOWING, INC.
By:
Its:
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ______ day of
______________, 2006, by _____________________, the _________________ of All Hours
Towing, Inc., a Minnesota corporation, on behalf of said corporation.
Notary Public
St. Louis Park Council Meeting
Item: 112006 - 4b - All Hours Towing Contract Amendment And Lease Agreement
Page 11
Exhibit A
(Attached)
St. Louis Park Council Meeting
Item: 112006 - 4c - Planning Commission Minutes Of October 18, 2006
Page 1
OFFICIAL MINUTES
PLANNING COMMISSION
ST. LOUIS PARK, MINNESOTA
October 18, 2006 – 7:15 P.M.
COUNCIL CHAMBERS
MEMBERS PRESENT: Claudia Johnston-Madison, Robert Kramer, Richard Person,
Dennis Morris, Carl Robertson, Jerry Timian
MEMBERS ABSENT: Lynne Carper
STAFF PRESENT: Meg McMonigal, Sean Walther, and Nancy Sells
1. Call to order - Roll Call
Vice Chair Morris opened the meeting.
2. Approval of Minutes of September 20, 2006
Commissioner Person moved approval of the minutes of September 20, 2006.
Commissioner Johnston-Madison seconded the motion. The motion passed on a vote of
6-0.
3. Public Hearings
A. Comprehensive Plan Amendment from Civic to Parks and Open Space
Location: 5005 Minnetonka Boulevard (Carpenter Park)
Case No.: 06-62-CP
Applicant: City of St. Louis Park
Senior Planner Sean Walther presented the staff report.
Commissioner Kramer asked if, other than making a correction, is there a material reason
why the proposed amendment is better or worse. Mr. Walther said there is no difference
except in the case that the property cannot be rezoned as park because that would be
inconsistent with the current Comprehensive Plan designation.
Commissioner Person said on the Comprehensive Plan map, the term Park is used but the
documents list Parks and Open Space. Planning and Zoning Supervisor Meg McMonigal
said staff will correct that.
Vice Chair Morris opened the public hearing. With no one wishing to speak Vice Chair
Morris closed the public hearing.
Commissioner Person made a motion to recommend a Comprehensive Plan amendment
for a portion of 5005 Minnetonka Boulevard from Civic to Parks and Open Space.
Commissioner Johnston-Madison seconded the motion. The motion passed on a vote of
6-0.
St. Louis Park Council Meeting
Item: 112006 - 4c - Planning Commission Minutes Of October 18, 2006
Page 2
B. Zoning Text and Map Amendment for New Zoning District -
Parks and Open Space
Case Nos.: 06-64-ZA and 06-56-Z
Applicant: City of St. Louis Park
Mr. Walther presented the staff report.
Commissioner Kramer asked for clarification of Parks and Open Space.
Mr. Walther said the definitions come from the code. The definitions make a distinction
between the level of activity.
Commissioner Robertson said not all open spaces are parks and he doesn’t understand the
reasoning for not having two separate districts. Commissioner Robertson said parks have
a little higher degree of protection. He said he felt he didn’t have all the information
regarding the Parks & Recreation Commission’s recommendation for one district only.
He regretted that the joint study session had not been held.
Ms. McMonigal said one option is to reschedule a meeting with the Parks and Recreation
Commission.
Vice Chair Morris opened the public hearing.
Malcolm Chatfield, 4252 Toledo Avenue South, said he would like to speak in favor of
this zoning amendment. Mr. Chatfield said he helped to write the draft language with
City Manager Tom Harmening and the City Attorney. Mr. Chatfield said it is important
for the future to preserve park land and open space. He said the process to sell park land
needs to be more disciplined and more deliberate.
Vice Chair Morris said the amendment is a start to build on. He said he favors adopting
the amendment and seeing how it works. Historically he has seen how zoning changes
have evolved.
Terry Jacobson, 3340 Rhode Island Avenue South, lives across from Oak Hill Park. She
asked why it is so difficult to zone parks. Ms. Jacobson said parks must be protected.
She stated that the Council and Planning Commission are not doing enough to protect
parks and open space.
Commissioner Johnston-Madison said in previous study sessions she thought two
separate districts were needed, however, she now supports one district. She commented
that uses do change. She said she feels the proposal provides enough review and she
would like it to move forward to Council.
Commissioner Robertson said his caution regards zoning parks that are not parks. He
asked if we know enough to call them all parks right now and is that what we want to do.
He said he wants to move forward but would prefer to table the item and hold more
discussion. He wishes the Commission could have discussed the amendment with the
Parks and Recreation Advisory Commission.
St. Louis Park Council Meeting
Item: 112006 - 4c - Planning Commission Minutes Of October 18, 2006
Page 3
Chris Garwick-Foley, 5100 Morningside Road, also worked on crafting language for this
zoning ordinance. Ms. Garwick-Foley said the goal is to try to protect the land by
creating one designation.
Commissioner Person said he is inclined to support the staff recommendation and move
this item forward.
Commissioner Kramer would like to study this item with the Parks and Recreation
Advisory Commission, therefore, he would like to continue the public hearing to
November 1st. Commissioner Robertson seconded the motion. The motion passed on a
vote of 6-0.
Commissioner Robertson made a motion to table this item to the next Planning
Commission meeting. Commissioner Johnston-Madison seconded the motion. The
motion passed on a vote of 6-0.
4. Other Business
5. Communications
6. Adjournment
The meeting adjourned at 8:15 p.m.
Minutes prepared by, Respectfully submitted,
Linda Samson Nancy Sells
Recording Secretary Administrative Secretary
St. Louis Park Council Meeting
Item: 112006 - 5a - Appointment To Boards And Commissions
Page 1
5a. Appointment of Citizen Representative to Boards and Commissions
Recommended
Action:
Motion to appoint citizen representative to the Police Advisory
Commission.
BACKGROUND:
The City Council interviewed Kelly Lund for the Police Advisory Commission on August 21,
2006. At the time of the interview, there was only one vacancy on the PAC. Since that time,
Commissioner Karen Bream has resigned creating an additional vacancy. There are two
commissioner openings on the Police Advisory Commission.
Adult Commissioner Vacancies:
PAC (vacated by Molly Altorfer) Vacancy, expires December 31, 2007
PAC (vacated by Karen Bream) Vacancy expires December 31, 2006
RECOMMENDATION:
It is recommended that the Council make a motion to appoint a citizen representative to the
Police Advisory Commission with a term expiration of December 31, 2007.
Prepared By: Marcia Honold, Management Assistant
Approved By: Tom Harmening, City Manager
St. Louis Park Council Meeting
Item: 112006 - 6a - Continuation Public Hearing 2007 Budget And Service Charge Special
Service District 4
Page 1
6a. Continuation of Public Hearing to Consider the 2007 Property Owner Service
Charges for Special Service District No. 4
This report considers the approval of the 2007 Property Owner Service Charges for
Special Service District No. 4.
Recommended
Action:
Close Public Hearing. Motion to approve resolution setting the 2007
Property Owner Service Charge for Special Service District No. 4 and
directing staff to certify the annual service charges to Hennepin
County.
BACKGROUND:
The Public Hearing regarding approval of the 2007 Property Owner Service Charges for Special
Service District No. 4 was opened on November 6, 2006 (Special Service District No. 4 is
located along Excelsior Blvd, west of Hwy. 100). At this meeting Staff requested the Public
Hearting be continued until November 20, 2006 to ensure all property owners were properly
notified.
On July 18, 2005, the City Council approved a resolution imposing a service charge for Special
Service District No. 4 (this district is located on Excelsior Blvd west of Hwy 100). Annually, the
City Council must adopt a service charge for the District following a public hearing on the
proposed charge. The notice of public hearing was published in the Sun Sailor on October 12,
2006 and October 26, 2006. The pubic hearing notice was sent to all property owners within the
District more than ten (10) days prior to the meeting.
Special Service District No. 4 Financial Position:
As Special Service District No. 4 is a new district for which the first expenses will occur in 2008,
Staff is recommending 50% of the anticipated annual operating budget be set as the service
charge for 2007 so that sufficient funds are available in 2008 until such time as the 2008 service
charges are reviewed. Two properties are not included in the first phase of constructing of the
streetscape, 6500 and 6600 Excelsior Boulevard and therefore will not be assessed a service
charge in 2007. These properties will be assessed a service charge in 2008, as the second phase
of the streetscape construction is completed.
Proposed 2007 Service Charges:
The proposed 2007 service charge in the amount of $14,941 is to develop sufficient reserve
funds to cover the initial expenses anticipated in 2008.
2007 City Portion of Service Charge:
The City incurs service charges for the City Municipal Parking Lot located on Excelsior Blvd.
The proposed fee for 2007 is $553.
St. Louis Park Council Meeting
Item: 112006 - 6a - Continuation Public Hearing 2007 Budget And Service Charge Special
Service District 4
Page 2
RECOMMENDATION:
Staff is not aware of any issues associated with this item and recommends Council approve the
resolution as presented.
Attachments: Resolution
2007 Proposed Service Charges
Prepared by: Ann Boettcher, Inspections Administrative Supervisor
Through: Brian Hoffman, Director of Inspections
Approved by: Tom Harmening, City Manager
St. Louis Park Council Meeting
Item: 112006 - 6a - Continuation Public Hearing 2007 Budget And Service Charge Special
Service District 4
Page 3
RESOLUTION NO. 06-______
RESOLUTION APPROVING 2007 BUDGET
AND SERVICE CHARGES FOR
SPECIAL SERVICE DISTRICT NO. 4
WHEREAS, pursuant to Ordinance No. 2298-05, the City Council created Special
Service District No. 4 (the “District”). The specific properties located within the District are
identified on Exhibit “A” attached hereto; and
WHEREAS, pursuant to Resolution No. 05-100, the City Council is authorized to
impose service charges within the District on a multi-year basis through and including the year
2015 for taxes payable in said year; and
WHEREAS, pursuant to Section 3 of Resolution No. 02-043, the Service Charges shall
be payable and collected at the same time and in the same manner as provided for payment and
collection of ad valorem taxes; and
WHEREAS, the City is required by Statute to certify assessments to the County by
December 6, 2006.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis
Park as follows:
1. The authorized 2007 Service Charge for Special Service District No. 3 is $14,941
being charged against the properties specified on Exhibit “A” attached to this Resolution.
Reviewed for Administration: Adopted by the City Council November 20,006
City Manager Mayor
Attest:
City Clerk
St. Louis Park Council Meeting
Item: 112006 - 6a - Continuation Public Hearing 2007 Budget And Service Charge Special
Service District 4
Page 4
Special Service District #4 Attachment A
2007 Proposed Service Charges
PID #Owner Front Ft.2,007
SSD Annual
Charge
2111721320022 6127 Excelsior Blvd Gregory White 78 $360
2111721320021 6121 Excelsior Blvd Hung LLC 97 $445
2111721320006 6111 Excelsior Blvd Blaeser Properties LLC 157 $726
2111721230100 6011 Excelsior Blvd Ward Properties Inc Kathleen Hames 155 $716
2111721230097 6001 Excelsior Blvd Sew What Corporation 75 $347
2111721240195 5925 Excelsior Blvd Dys Properties 206 $949
2111721240185 5825 Excelsior Blvd Kil-Ben Excelsior, LLC 197 $910
2111721240209 5813 Excelsior Blvd Universal Outdoor, Inc.10 $45
2111721240208 5809 Excelsior Blvd C.B.S. Real Est Prtnr II LLP 67 $308
2111721240161 5801 Excelsior Blvd Hentges Properties, Inc.77 $356
2111721240193 5717 Excelsior Blvd LMC, Inc 175 $807
2111721240141 5707 Excelsior Blvd Len Paul/Gene Pretty Good 133 $614
2111721240205 4015 Xenwood Ave. So.Len Paul/Gene Pretty Good
2011721410009 6600 Excelsior Blvd G & N Limited Partnership 569 $2,621
2011721140023 6550 Excelsior Blvd City of St. Louis Park
Wetland City of St. Louis Park
2011721140026 6500 Excelsior Blvd Asbury Methodist Hospital 301 $1,388
6200 & 6250 Excelsior Blvd *432 $1,990
2111721230130 6112 Excelsior Blvd Snyder Electric Co.86 $396
2111721230155 6100 Excelsior Blvd James & Laurene Meger 60 $276
2111721230128 6006 Excelsior Blvd Lamert Canine LLC 43 $199
2111721230127 6002 Excelsior Blvd Himmelman Properties 83 $383
City Municipal Parking Lot City of St. Louis Park 120 $553
2111721230011 5930 Excelsior Blvd Leonard C Riley 59 $272
2111721230010 5922 Excelsior Blvd Gerald B. Frederick 28 $128
2111721230156 5916 Excelsior Blvd Rackner & Rackner 145 $670
2111721240083 5900 Excelsior Blvd Speedway Superamerica, LLC 131 $606
2111721240067 5810 Excelsior Blvd 5812 Excelsior Blvd. Co 111 $511
2111721240066 5804 Excelsior Blvd 5804 Excelsior Blvd., LLC 95 $436
2111721240040 5720 Excelsior Blvd Holiday Stationstores Inc 167 $771
2111721240202 5608 Excelsior Blvd Helmut Mauer 103 $475
2111721240019 5600 Excelsior Blvd Trestman Music Center Sharon Trestman 150 $692
4,110 $18,950
Denotes other non-SSD properties
Denoted properties in Phase 2 construction, so will not be charged until 2008 $14,941
* 6200 and 6250 Excelsior Blvd Charges
2111721320133 6200 Excelsior Blvd 101 RE 1 LLC $116
2111721320134 6200 Excelsior Blvd 102 Charles and Janice Woodson $121
2111721320135 6200 Excelsior Blvd 103 Laurie G Holasek $117
2111721320136 6200 Excelsior Blvd 104 Laurie G Holasek $132
2111721320137 6200 Excelsior Blvd 201 Dennis and Lois Schlutter $112
2111721320138 6200 Excelsior Blvd 202 Dennis and Lois Schlutter $118
2111721320139 6200 Excelsior Blvd 203 United Rope Holland Dist $152
2111721320140 6200 Excelsior Blvd 204 Dennis and Lois Schlutter $136
2111721320141 6250 Excelsior Blvd 101 Nemer Fieger & Assoc Inc $124
2111721320142 6250 Excelsior Blvd 102 Lgh Properties LLC $115
2111721320143 6250 Excelsior Blvd 103 Donald J & Joyce E Borgen $126
2111721320144 6250 Excelsior Blvd 104 Lgh Properties LLC $114
2111721320145 6250 Excelsior Blvd 201 James V and June M Fieger $121
2111721320146 6250 Excelsior Blvd 202 Skads Travel Service Inc $110
2111721320147 6250 Excelsior Blvd 203 Lgh Properties LLC $162
2111721320148 6250 Excelsior Blvd 204 Joseph Urista $114
Total Charged to equal as stated in the above table $1,990
Address
St. Louis Park Council Meeting
Item: 112006 - 8a - Park & Open Space Zoning District
Page 1
8a. First Reading of Parks and Open Space Zoning Text and Map Amendment
Case No. 06-56-Z and 06-64-ZA
Recommended
Action:
Motion to approve the first reading of the Zoning Ordinance and
Zoning Map Amendments to create a Park and Open Space Zoning
District and set second reading for December 4, 2006.
DESCRIPTION OF REQUEST:
The proposed ordinances will create a new Parks and Open Space District and related regulations
in the Zoning Code, as well as amend the Zoning Map to establish the boundaries of the new
zoning district. The proposal includes only city-owned parks and open spaces.
BACKGROUND:
The City Council asked staff to create a new park zoning district classification to identify and
protect City-controlled park properties. The purpose of this amendment is to conspicuously
identify park and open space property on the zoning map and protect these properties from
private development. Under a separate agenda item, the City Council will also be asked to
consider a separate ordinance (not a zoning ordinance) regarding the sale of city-owned land
zoned POS - Park and Open Space.
Over the past several months staff reviewed City park properties and uses, the Comprehensive
Plan Land Use Map, other cities’ ordinances, and City Council resolutions relating to the Excess
Land process. Based upon our research, staff proposed a Parks and Open Space District based
on the Comprehensive Plan. Staff also consulted with the City Council, Planning Commission,
Parks and Recreation Advisory Commission and City Attorney.
The City Council provided input to City staff at the August 28, 2006 Study Session. The Parks
and Recreation Advisory Commission supported the proposal for a Parks and Open Space
Zoning district at its September 20, 2006 regular meeting, and met with the Planning
Commission on November 1, 2006.
The Planning Commission held three study sessions on this topic, including the joint study
session with the Parks and Recreation Advisory Commission. The Planning Commission held a
public hearing on October 18 and November 1, 2006. The Planning Commission unanimously
recommended approval of the amendments.
There were three residents who attended and spoke at the public hearing. All three supported
protecting the parks; although, one resident wished there could be an even more permanent
means of protecting park land.
ANALYSIS:
The proposed zoning map and zoning text amendment would create a POS – Parks and Open
Space Zoning District. The proposal would rezone city-owned parks and open space. The
proposal excludes State, County, School District, Minneapolis Park Board, or private recreation
and open space land based on the advice of the City Attorney.
St. Louis Park Council Meeting
Item: 112006 - 8a - Park & Open Space Zoning District
Page 2
Zoning Map
The attached map identifies the parcels proposed to be rezoned Park and Open Space. The map
reflects staff research as well as the Planning Commission’s recommendations. The basis for the
proposed zoning map amendments is the existing Comprehensive Plan and recent direction from
the City Council.
Zoning Text
The proposed text was written to be as simple and straight forward as possible. The zoning code
describes and defines the permitted, conditional and accessory uses. The proposed regulations
maintain the City’s existing ability to put public service structures and similar facilities on park
and open space properties. The rules are designed specifically for city-owned parks and open
space and would not be sufficient if private property were included in the district.
The new zoning will help identify City parks and open space and protect these areas from future
private development. The proposed ordinance will continue to rely on the Comprehensive Plan
to define and distinguish the purpose and character of these lands as either passive or active
recreation areas.
PROCESS:
The Planning Commission held a public hearing on October 18 and November 1, 2006
The City Council’s first reading of the ordinance is November 20, 2006
The City Council’s second reading of the ordinance would be December 4, 2006
The ordinance would be effective January 3, 2007
RECOMMENDATION:
The City Staff, Park and Recreation Advisory Commission and Planning Commission
recommend approval of the proposed zoning map and text amendments.
ATTACHMENTS:
Draft Zoning Ordinance Text
Related Zoning Code Land Use Descriptions
City Council Study Session Minutes 08/28/06
Park & Rec Advisory Commission Unofficial Minutes 09/20/06 excerpt
Planning and Park & Rec. Advisory Commissions Joint Study Session Minutes 11/01/06
Planning Commission Regular Meeting Minutes 10/18/06 and 11/01/06
Comprehensive Plan Land Use Map (supplement)
Proposed Zoning Map-New POS District (supplement)
Prepared by: Sean Walther, Senior Planner
Reviewed by: Meg McMonigal, Planning and Zoning Supervisor
Kevin Locke, Community Development Director
Approved by: Tom Harmening, City Manager
St. Louis Park Council Meeting
Item: 112006 - 8a - Park & Open Space Zoning District
Page 3
ORDINANCE NO.__________-06
AN ORDINANCE AMENDING THE ST. LOUIS PARK ORDINANCE CODE
CHANGING BOUNDARIES OF ZONING DISTRICTS
THE CITY OF ST. LOUIS PARK DOES ORDAIN:
Section 1. The City Council has considered the advice and recommendation of the
Planning Commission (Case Nos. 06-56-Z and 06-64-ZA ).
Section 2. The St. Louis Park Zoning Ordinance adopted December 28, 1959,
Ordinance No. 730; amended December 31, 1992, Ordinance No. 1902-93, amended December
17, 2001, Ordinance No. 2216-01, as heretofore amended, is hereby further amended by
changing the zoning district boundaries as shown on the attached map.
Section 3. The contents of Planning Case Files 06-56-Z and 06-64-ZA are hereby
entered into and made part of the public hearing record and the record of decision for this case.
Section 4. This ordinance shall take effect fifteen days after its publication.
Reviewed for Administration: Adopted by the City Council November 20, 2006
City Manager Mayor
Attest: Approved as to form and execution:
City Clerk City Attorney
First Reading November 20, 2006
Second Reading
Date of Publication
Date Ordinance takes effect
St. Louis Park Council Meeting
Item: 112006 - 8a - Park & Open Space Zoning District
Page 4
ORDINANCE NO.______-06
AN ORDINANCE AMENDING THE ST. LOUIS PARK
ORDINANCE CODE RELATING TO ZONING BY
INSERTING A NEW DIVISION AND SECTIONS 36-150 AND 36-151 CREATING A
PARKS AND OPEN SPACE ZONING DISTRICT
THE CITY OF ST. LOUIS PARK DOES ORDAIN:
Findings
Sec. 1. The City Council has considered the advice and recommendation of the Planning
Commission (Case No. 06-56-Z and 06-64-ZA).
Sec. 2. The St. Louis Park Ordinance Code, Chapter 36, Article IV is hereby amended to
insert the following new Division and Sections 36-150 and 36-151 creating a Parks and Open
Space Zoning District and renumbering subsequent Divisions accordingly:
Division 3.
Section 36-150. Purpose of Division.
(a) Purpose. The provisions of this division deal with the City-owned park,
open space and recreation use of land and structures in the city.
Sec. 36-151. POS park and open space district.
(a) Purpose and effect. The purpose of the POS parks and open space district
is to identify and preserve City-owned parks, undevelopable land and areas with
valuable environmental qualities as open space to ensure the continued health,
safety and welfare of the community and to provide a location for recreational
activities. This district recognizes existing parks and protects those locations for
local park use and related facilities.
(b) Permitted uses. The following uses are permitted in the POS district:
(1) Parks and open space.
(2) Parks and recreation.
(3) Golf course.
(4) Community center.
(5) Country club.
(6) Park buildings.
St. Louis Park Council Meeting
Item: 112006 - 8a - Park & Open Space Zoning District
Page 5
(7) Other uses customary to parks, open space and recreation.
(c) Uses permitted with conditions. The following uses are permitted with
conditions in the POS district:
(1) Police/fire stations.
a. Buildings shall be located at least 25 feet from a lot in an R
district.
b. Access shall be to a roadway identified in the
comprehensive plan as a collector or arterial or shall be
otherwise located so that access can be provided without
generating significant traffic on local residential streets.
c. Unobstructed visibility shall be provided from the driveway
to the adjacent streets for emergency vehicles and a traffic
light shall be installed at the entrance to the facility to
control non-emergency traffic if recommended by the
Director of Public Works.
(d) Accessory uses. The following uses shall be permitted accessory uses in a
POS district:
(1) Public service structure.
(2) Utility substation.
(3) Communication tower.
(4) Signs.
(5) Parking.
(6) Offices.
(7) Gardening and other horticultural uses.
(8) Decorative landscape features.
(9) Other uses incidental to parks, open space and recreation.
(e) Dimensional standards/densities.
(1) The principal structure shall be located at least 25 feet from a lot in
an R district.
St. Louis Park Council Meeting
Item: 112006 - 8a - Park & Open Space Zoning District
Page 6
Sec. 3. The contents of Planning Case File 06-52-ZA are hereby entered into and made
part of the public hearing record and the record of decision for this case.
Sec. 4. This Ordinance shall take effect fifteen days after its publication.
Reviewed for Administration: Adopted by the City Council November 20, 2006
City Manager Mayor
Attest: Approved as to form and execution:
City Clerk City Attorney
First Reading November 20, 2006
Second Reading
Date of Publication
Date Ordinance takes effect
St. Louis Park Council Meeting
Item: 112006 - 8a - Park & Open Space Zoning District
Page 7
Zoning Code Land Use Descriptions related to the Parks & Open Space District
(c) Institutional uses. The following are typical of the institutional uses referred to in this
chapter.
(1) Communication tower means a free-standing tower which supports antennae for
broadcasting, receiving or relaying waves or signals through the air; including accessory uses
directly related to those activities. The tower and antennae heights result in negative visual and
sight line impacts.
(2) Community centers means a place, structure, area or other facility which is open to the public
and designed to accommodate and serve significant segments of the community and which is
used for educational, religious, fraternal, social and recreational programs. This use may include
accessory food service and accessory retail shops.
(6) Parks/open space means passive recreation including hiking trails, natural areas, wild life
areas, arboretums, open grass areas and tot lot.
(7) Parks/recreation means areas for active outdoor recreation activities such as baseball
diamonds, tennis courts, basketball courts, playfields, playgrounds, outdoor swimming pools,
fitness courses and driving ranges.
(8) Police/fire stations means facilities designed to serve the public health and safety. They may
include an office component, the storage of fire trucks, police cars and equipment, and the
boarding of personnel within an enclosed building. Characteristics may include sporadic periods
of loud noise, sirens, and activity.
(9) Public service structure means facilities which include water towers, utility and public
service related distribution facilities, and wastewater and storm drainage structures, but exclude
utility substations. These facilities are normally serviced by small trucks several times per day
and by larger vehicles or equipment on a periodic basis. Associated buildings typically have
large windowless walls and an institutional appearance.
(11) Utility substation means a structure of electrical components to transform high voltage
electricity into lesser voltages to make it suitable for distribution to end users. The use consists of
a large structure and numerous power lines which are difficult to screen and are classified as land
use intensity 10. This use has minimal outdoor activity and traffic generation.
(12) Golf course means a facility for playing golf outdoors which consists of golf holes,
clubhouse facilities which may contain lockers, shower rooms and incidental sale of golf related
items, and off-street parking facilities.
(13) Country club means a golf course and associated clubhouse which may contain locker and
shower rooms, dining and bar facilities, meeting rooms and other spaces for large social
functions. Country clubs are typically open only to members and characteristics may include
significant trip generation on evenings and weekends.
St. Louis Park Council Meeting
Item: 112006 - 8a - Park & Open Space Zoning District
Page 8
EXCERPT OF 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).
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 tried 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.
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.
St. Louis Park Council Meeting
Item: 112006 - 8a - Park & Open Space Zoning District
Page 9
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.
St. Louis Park Council Meeting
Item: 112006 - 8a - Park & Open Space Zoning District
Page 10
EXCERPT OF OFFICIAL MINUTES
PARKS AND RECREATION ADVISORY
COMMISSION MEETING
Wednesday, September 20, 2006
Rec Center Programming Office
1. Call to Order
Chair Tom Worthington called the meeting to order at 6:56 p.m.
Commission members present: Bruce Cornwall, George Hagemann, Steve Hallfin,
Lauren Webb-Hazlett and Tom Worthington.
Staff present: Cindy Walsh, Director of Parks and Recreation; Rick Beane, Park
Superintendent Sean Walther, Senior Planner; and Stacy Voelker, Recording Secretary.
5. New Business
a. Park and Open Space Zoning District
Ms. Walsh introduced Sean Walther, Senior Planner from Community
Development Department. Ms. Walsh advised members the Planning Commission
would like to meet with the Parks and Recreation Advisory Commission at 7 p.m.
on Wednesday, October 4 at City Hall in the Council Chambers to discuss park
and open space zoning.
Mr. Walther briefly described the excess land process the city has been working
on and indicated some zoning does not reflect land use. For example, parks can
exist in any zone (residential, business, etc.). Staff proposes to create a new park
and open space district which would target city owned parcels only. Initially, staff
discussed creating one district for open space and parks. Recently, discussions
have occurred to create two separate zoning areas for open space and parks. The
creation of a district would add another level of protection for the kind of uses at
these areas. Mr. Hagemann inquired if this is based on problems of use on these
parcels or excess land and Mr. Walther indicated the issue may be the sale of the
land. Parallel to the zoning proposal is including restrictions on when and how the
city would sell park property. The zoning of parks and open space will create
additional notice requirements in the event the city would sell parcels and require
a majority of council votes to pass.
Mr. Hallfin inquired if a majority of the properties that were up for sale due to the
excel land task force have sold. Mr. Walther indicated they have not. Some
parcels are in the process of being sold. Members discussed parcels studied in the
excess land task force and surface of land in St. Louis Park. Mr. Cornwall feels
value is to have continuous, natural flowage versus covering the land with
St. Louis Park Council Meeting
Item: 112006 - 8a - Park & Open Space Zoning District
Page 11
pervious material. Mr. Walther indicated there is a storm water management plan
through public works.
Mr. Worthington inquired on the Cedar Knoll property. Mr. Walther indicated it
is zoned low density/residential property but not park property. Council has
discussed in the past and recommended using for single-family homes if not used
for a dog park. Mr. Worthington inquired about Cedar Manor Park and feels it
should be a designated park and to make no changes to it. Members discussed
other parcels with Mr. Walther.
Mr. Worthington inquired on the agenda for the October 4 meeting. Mr. Walther
indicated staff wants to have both boards together to discuss the parks and open
space zoning plus any other potential items. Members would like to receive an
agenda prior to the meeting and will advise if able to attend.
Ms. Walsh advised staff discussed and prefers one zoning district versus two. An
example is on the other side of Dakota Park there could be a dog park since there
would be minimal impact on people. This would be more challenging if that area
is zoned as open space. Open space does not allow for active uses as park space
does. Mr. Worthington inquired what zoning districts other cities have in the area
and Mr. Walther indicated all are different.
Mr. Walther indicated the two zones proposed are “Parks and Recreation” which
is active recreation and “Parks and Open space” which is passive recreation.
Members discussed and feel one district for both would provide control for zoning
plus flexibility for departments. The boards will make recommendations but the
Council makes the final decision. Mr. Cornwall inquired the process for turning
land into park land. Mr. Walther indicated it depends on the type of request. The
Commission or staff would need to present a proposal to the Planning
Commission. There have always been processes to go through.
Mr. Walther advised this item will also be brought to the Planning Commission
on October 18 in the form of a public hearing.
Commission member Mr. Cornwall motioned to keep parks and open space under
one zoning district, Mr. Hagemann seconded. Motion passed 5-0.
St. Louis Park Council Meeting
Item: 112006 - 8a - Park & Open Space Zoning District
Page 12
UNOFFICIAL MINUTES
JOINT MEETING - STUDY SESSION
PLANNING COMMISSION AND PARKS AND
RECREATION ADVISORY COMMISSION
ST. LOUIS PARK, MINNESOTA
November 1, 2006--6:00 p.m.
MEMBERS PRESENT: Claudia Johnston-Madison, Robert Kramer,
Richard Person, Carl Robertson, Jerry Timian
George Foulkes, Steve Hallfin, George Hagemann,
Kirk Hawkinson, Tom Worthington, Lauren Webb-Hazlett
STAFF PRESENT: Rick Beane, Meg McMonigal, Cindy Walsh, Sean
Walther, Nancy Sells
1. Parks and Open Space Zoning District
Mr. Walther, Senior Planner, provided background on the request to create a new park zoning
district classification.
Commissioner Robertson discussed his reasons for recommending two separate zoning
classifications (Parks District and an Open Space District) rather than a single Parks and Open
Space District. He spoke about the subtle differences between parks and open space. He
mentioned the Excess Land process and controversy regarding what was park and what was not
park. He discussed active outdoor recreation activities and passive recreation. He discussed
expectations regarding facilities and maintenance on open space if there is only one zoning
classification. Commissioner Robertson said he didn’t see a reason not to have two districts.
There was a discussion about having just one district and two different colors on the map which
would delineate parks from open space.
Commissioner Worthington said he was concerned about removing administrative process from
staff. He said using two districts rather than one wouldn’t add enough clarity to make it
worthwhile. He mentioned that it will be difficult to designate many parks.
Commissioner Robertson said much of the property is clearly park or open space. He
commented that most of the property would be designated as park. He spoke about Utah Pond.
Mr. Walther showed a map which showed proposed classifications for each property.
Ms. McMonigal asked Commissioner Robertson if he envisioned that an open space district
would have a different amount of protection than a parks district.
Commissioner Robertson said it would have a little more protection.
St. Louis Park Council Meeting
Item: 112006 - 8a - Park & Open Space Zoning District
Page 13
A discussion was held regarding the 5-year Capital Improvements Project (CIP) process.
Commissioner Hallfin stated that one district seemed to be in the best interest for the City. He
suggested that within the recommendation to Council for one district, language be added
regarding identification of active and passive properties.
There was a discussion about interim use and temporary use signage in parks.
There was a discussion about public land, private land, and golf course property.
Ms. McMonigal said the 2008 Comprehensive Plan update, which will include public
participation, will be an opportunity to take a closer look at the designations.
The meeting was adjourned at 6:55 p.m.
Respectfully submitted,
Nancy Sells
Administrative Secretary
St. Louis Park Council Meeting
Item: 112006 - 8a - Park & Open Space Zoning District
Page 14
EXCERPT OF OFFICIAL MINUTES
PLANNING COMMISSION
ST. LOUIS PARK, MINNESOTA
October 18, 2006 – 7:15 P.M.
COUNCIL CHAMBERS
MEMBERS PRESENT: Claudia Johnston-Madison, Robert Kramer, Richard Person,
Dennis Morris, Carl Robertson, Jerry Timian
MEMBERS ABSENT: Lynne Carper
STAFF PRESENT: Meg McMonigal, Sean Walther, and Nancy Sells
B. Zoning Text and Map Amendment for New Zoning District -
Parks and Open Space
Case Nos.: 06-64-ZA and 06-56-Z
Applicant: City of St. Louis Park
Mr. Walther presented the staff report.
Commissioner Kramer asked for clarification of Parks and Open Space.
Mr. Walther said the definitions come from the code. The definitions make a distinction
between the level of activity.
Commissioner Robertson said not all open spaces are parks and he doesn’t understand the
reasoning for not having two separate districts. Commissioner Robertson said parks have
a little higher degree of protection. He said he felt he didn’t have all the information
regarding the Parks & Recreation Commission’s recommendation for one district only.
He regretted that the joint study session had not been held.
Ms. McMonigal said one option is to reschedule a meeting with the Parks and Recreation
Commission.
Vice Chair Morris opened the public hearing.
Malcolm Chatfield, 4252 Toledo Avenue South, said he would like to speak in favor of
this zoning amendment. Mr. Chatfield said he helped to write the draft language with
City Manager Tom Harmening and the City Attorney. Mr. Chatfield said it is important
for the future to preserve park land and open space. He said the process to sell park land
needs to be more disciplined and more deliberate.
Vice Chair Morris said the amendment is a start to build on. He said he favors adopting
the amendment and seeing how it works. Historically he has seen how zoning changes
have evolved.
St. Louis Park Council Meeting
Item: 112006 - 8a - Park & Open Space Zoning District
Page 15
Terry Jacobson, 3340 Rhode Island Avenue South, lives across from Oak Hill Park. She
asked why it is so difficult to zone parks. Ms. Jacobson said parks must be protected.
She stated that the Council and Planning Commission are not doing enough to protect
parks and open space.
Commissioner Johnston-Madison said in previous study sessions she thought two
separate districts were needed, however, she now supports one district. She commented
that uses do change. She said she feels the proposal provides enough review and she
would like it to move forward to Council.
Commissioner Robertson said his caution regards zoning parks that are not parks. He
asked if we know enough to call them all parks right now and is that what we want to do.
He said he wants to move forward but would prefer to table the item and hold more
discussion. He wishes the Commission could have discussed the amendment with the
Parks and Recreation Advisory Commission.
Chris Garwick-Foley, 5100 Morningside Road, also worked on crafting language for this
zoning ordinance. Ms. Garwick-Foley said the goal is to try to protect the land by
creating one designation.
Commissioner Person said he is inclined to support the staff recommendation and move
this item forward.
Commissioner Kramer would like to study this item with the Parks and Recreation
Advisory Commission, therefore, he would like to continue the public hearing to
November 1st. Commissioner Robertson seconded the motion. The motion passed on a
vote of 6-0.
Commissioner Robertson made a motion to table this item to the next Planning
Commission meeting. Commissioner Johnston-Madison seconded the motion. The
motion passed on a vote of 6-0.
St. Louis Park Council Meeting
Item: 112006 - 8a - Park & Open Space Zoning District
Page 16
EXCERPT OF UNOFFICIAL MINUTES
PLANNING COMMISSION
ST. LOUIS PARK, MINNESOTA
November 1, 2006 -- 7:15 P.M.
COUNCIL CHAMBERS
MEMBERS PRESENT: Claudia Johnston-Madison, Robert Kramer, Richard Person, Carl
Robertson, Jerry Timian
MEMBERS ABSENT: Lynne Carper, Dennis Morris
STAFF PRESENT: Meg McMonigal, Sean Walther, and Nancy Sells
3. Hearings:
A. Zoning Text and Map Amendment for New Zoning District -
Parks and Open Space (tabled from 10/18/06)
Case Nos.: 06-64-ZA and 06-56-Z
Applicant: City of St. Louis Park
Senior Planner Sean Walther presented background information. Mr. Walther said the
public hearing, opened at the October 18th Planning Commission meeting, is still open.
As no one was present wishing to speak, Commissioner Kramer closed the public
hearing.
Commissioner Robertson spoke about the joint study session held with the Parks and
Recreation Advisory Commission. He said he is feeling confident that the differences
between park and open space can be handled within the park regulations. Commissioner
Robertson is comfortable with a single zoning district and he supports the creation of the
Park and Open Space Zoning District to create a layer of protection for this resource for
the City.
Commissioner Person agreed. He said the Parks Department and the Park Commission
are already managing the park lands as if there were two designations, active and passive,
which correspond with the two definitions in the Zoning Code. Commissioner Person
said a single definition would suffice and he supports that.
Commissioner Johnston-Madison made a motion to recommend approval of the zoning
text and zoning map amendments to create a Parks and Open Space Zoning District.
Commissioner Robertson seconded the motion. The motion passed on a vote of 5-0.
St. Louis Park Council Meeting
Item: 112006 - 8a - Park & Open Space Zoning District
Page 17
St. Louis Park Council Meeting
Item: 112006 - 8a - Park & Open Space Zoning District
Page 18
St. Louis Park Council Meeting
Item: 112006 - 8b - Ordinance Establishing Criteria And Procedure Sale Of City Park
Land
Page 1
8b. First Reading of an Ordinance Establishing Criteria and Procedural Requirements
for Sale of City Park Land
Recommended
Action:
Motion to adopt first reading of the Ordinance establishing criteria and
procedures for the sale of City owned park and opens space and
setting the second reading for December 4, 2006.
PURPOSE:
The purpose of the proposed ordinance is to establish the procedures that would need to be
followed if the City ever decided to sell or lease (for a period of five years or more), all or a
portion park and open space owned by the City. The ordinance is proposed in recognition of the
importance of the City’s parks and open space to the overall success of the community and the
well being of our residents.
BACKGROUND:
At the August 28, 2006 Council Study Session a proposed park land sales ordinance was
discussed by the City Council. The Council supported bringing the ordinance forward for action
at a regular City Council meeting; and suggested a couple of ordinance changes. The suggested
changes were:
1.) An exemption for the sale or lease of property to a public or private entity for a use
allowed in a Park and Open Space zoning district; and,
2.) Establishment that this ordinance would apply to long term leases as well as actual
land sales.
Both of these changes have been incorporated into the attached proposed ordinance. The actual
ordinance has been prepared by the City Attorney with the help of a group of residents concerned
about the future of our parks. The result of those efforts is the attached draft ordinance.
Summary of Proposed Ordinance
The proposed ordinance requires a lengthy and comprehensive review of any proposal to sell or
lease any city park land. A super-majority vote of the Council would be required to approve a
sale or lease. The review process includes:
1. A public information meeting with published and mailed notice to residents within 1320
feet of the property in question, at least 21 days in advance of the meeting;
2. A public hearing at the Planning Commission with published and mailed notice must be
held after the informational meeting; and,
3. Review of the proposed action by the Parks and Recreation Advisory Commission after
the Planning Commission makes its recommendation.
All three of these opportunities for public input and advisory commission review would occur
prior to Council action on any proposed park land sale or longer term lease.
The City Council itself will be required to approve both a first and second reading of the
resolution of approval of a proposed park land sale or lease. The readings will need to be at
meetings separated by a minimum of 14 days; and, both readings will require a super majority (5
affirmative votes) for approval. A separate notice of the time, date, and place of the City
Council’s first reading of the resolution of approval will also be required to be mailed to each
property owner and the neighborhood president (if any exist) within 1,320 feet of the park
property being considered for sale, at least 10 days in advance of the meeting.
St. Louis Park Council Meeting
Item: 112006 - 8b - Ordinance Establishing Criteria And Procedure Sale Of City Park
Land
Page 2
Any sale or lease of city park land to another government entity or non-profit corporation for a
purpose allowed in the city’s Park and Open Space zoning district would be exempted from these
requirements. However if the other government entity or non-profit corporation ever
discontinued park zoned use of the land, the title to the property would be required to revert back
to the City.
Connection with Proposed New Park Zoning District
The proposed ordinance is designed to work in conjunction with the new park zoning district.
The park property sales ordinance would only apply to city land that is zoned park and/or open
space. It would not apply to other city owned property.
Next Steps
The item before the City Council tonight is the first reading of the park land sales ordinance. If
the City Council approves the first reading of the ordinance, the second reading of the ordinance
will be scheduled for the City Council meeting December 4, 2006, followed by publication of the
ordinance in the City’s official newspaper. The new ordinance would take effect 15 days after
publication.
RECOMMENDATION:
Staff recommends adoption of the ordinance establishing criteria and procedures for the sale of
City park land.
Attachments: Ordinance Establishing the Criteria and Procedural Requirements for
Considering the Sale of any City Park Property
Prepared by: Kevin Locke, Community Development Director
Approved by: Tom Harmening, City Manager
St. Louis Park Council Meeting
Item: 112006 - 8b - Ordinance Establishing Criteria And Procedure Sale Of City Park
Land
Page 3
ORDINANCE NO._________-06
CITY OF ST. LOUIS PARK
HENNEPIN COUNTY, MINNESOTA
AN 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. 20-6 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 priority.
(b) Definition. For purposes of this section, the following definitions shall apply:
The term “park property” shall mean any city-owned land that is zoned “Park and Open
Space.” The term “sale of park property” shall mean the transfer of legal or equitable title to
the property, or a lease of the property for five years or more.
(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 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:
(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 hearing before the Planning Commission,
except that the published and mailed notice shall be given twenty-
one (21) days before the meeting.
St. Louis Park Council Meeting
Item: 112006 - 8b - Ordinance Establishing Criteria And Procedure Sale Of City Park
Land
Page 4
(2) Planning Commission hearing.
a. After the Public Information Meeting, a public hearing 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 prior 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 appropriate 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 appropriate contact information. This sign
shall be posted at least two weeks prior to the hearing.
f. The hearing under this section shall be conducted concurrently
with the public hearing required for a comprehensive plan
amendment and rezoning of the park property being considered for
sale.
g. After closing the public hearing, 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
hearing, the criteria relating to comprehensive plan and rezoning
amendments and all other factors the Commission deems relevant
based upon the specific proposal being considered.
(3) 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.
St. Louis Park Council Meeting
Item: 112006 - 8b - Ordinance Establishing Criteria And Procedure Sale Of City Park
Land
Page 5
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(f) herein, the City Council
may consider the sale of park property only after the Planning
Commission has completed the public hearing 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.
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.
Reviewed for Administration: Adopted by the City Council November 20, 2006
City Manager Mayor
Attest: Approved as to form and execution:
City Clerk City Attorney