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90-1060 Q� f V� N•A� Counc i l F i l e # �� Green Sheet # 7�� RESOLUTION - ITY OF SAINT PAUL, MINNESOTA ,�� Presented By Referred To � .c,.c�. Comni ttee: Date �O �� Resolved, That the Council of the City of Saint Paul hereby requests the Saint Paul Charter Commission to review and recommend for unanimous Council adoption pursuant to Minnesota Statutes Section 410.12, subdivision 7, the attached proposed City Charter amendment relating to the disposal of park lands; and be it Further Resolved, T'hat the City Clerk is hereby directed to transmit a copy of this resolution with the attached ordinance to the Secretary of the Saint Paul Charter Commission. --------------- ------- ------ --------- Yeas Na s Absent Requested by Department of: Dtmond Goswitz Lon ! Maccabee � Rettman � Thune '� Wi lson �-. BY= O Adopted by Council: Date DE C 1 � 1990 Form Appr by City Atto ney Adoption ; Certified by Council Secretary By. i By' �" Appro � by Mayor for Submission to Approved y Mayor: Date DEC � 2 �ggp Counci By: i��f// By. PUBIISHFD �--'`�� ;' 1990 , . � . � ��D �/� DEPARTMENTlOFFICE/COUNCIL DATE INITIATED Councilmember Bob Long GREEN SHEET N° _10389 INITIAUDATE INITIAVDATE CONTACT PERSON 8 PHONE �DEPARTMENT DIRECTOR �CITY COUNCIL Councilmember Bob Long x4473 ASSIGN �CITVATfORNEY �CITYCLERK NUMBER FOR ❑BUDCaET DIRECTOR �FIN.&MaT.SERVICES DIR. MUST BE ON COUNCIL AOENDA BY(DATE) ROUTING ORDER �MAYOR(OR ASSISTANn � TOTAL#OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION REQUE3TED: RECOMMENDATIONS:Approve(A)or ReJect(R) PERSONAI SERVICE CONTRACTS MUST ANSWER THE FOLLOWING GUESTIONS: _PLANNING COMMISSION _ CIVIL SERVICE COMMI3310N 1. Has this person/firm Bver worked under e coM►ect for this depertment? _CIB COMMITTEE _ YES NO 2. Has this person/firm ever been a city employee? _STAFP — YES NO _DIS7RIC7 COUaT _ 3. Does this person/firm possess a skill not normally possessed by any current cMy employee7 SUPPORTS WHICH COUNCIL OB,IECTIVE? YES NO Explaln all yes answera on separats ahest and attach to green shest INITIATINO PROBLEM,ISSUE,OPPORTUNITY(Who,Whet,When,Where,Why): General concern that with so little buildable space available in the city, park land would become attractive choice for private development. ADVANTAGES IF APPROVED: There will be a policy to address any loss of park land so there will not be a net loss of park space without a replacement plan in place. DISADVANTAGES IF APPROVED: It would place restriction and budget obligations on the City Council in the event it decides to dispose of or divert park land in St. Paul. DI3ADVANTAQE3 IF NOT APPROVED: There may be more pressures to develop park and open spaces in the future if there is no policy to protect open spaces owned by the City of St. Paul. , RECEIVED �uur�cii Kesearch Cente� ,IUN 181990 JUN 14,� TOTAL AMOUNT OF TRANSACTION $ COST/REVENUE BUDGETED(CIRCLE ONE) YES NO FUNDING SOURCE ACTIVITY NUMBER FINANCIAL INFORMATION:(EXPLAIN) r� Q NOTE: COMPLE'FE bIRECTIONS ARE INCLUDED IN THE GREEN SHEET INSTRUCTIONAL � ' MANUAL AVAILABLE IN THE PURCHASING OFFICE(PHONE NO.298-4225). ROUTING ORDER: Below are c�rrect routings for the five most frequent types of documents: CONTRACTS(assumes authorized budget exists) COUNCIL RESOLUTION (Amend Budgets/Accept. Grants) 1. Outside Agency 1. Department Director 2. Department Director 2. City Attorney 3. City Attorney 3. Budget Director 4. Mayor(for contracts over$15,000) 4. Mayor/Assistant 5. Human Rights(for contracts over$50,000) 5. Ciry Council 6. Finance and Management Services Director 6. Chief Accountant, Finance and AAanagement Services 7. Finance Accounting ADMINISTRATIVE ORDERS(Budget Revision) COUNCIL RESOLUTION (all others,and Ordinances) 1. Activiry Manager 1. Department Director 2. Department Accountant 2. City Attorney 3. Department Director 3. Mayor Assistant 4. Budget Director 4. City Council 5. City Clerk 6. Chief Accountant, Finance and Management S6rvices ADMINISTRATIVE ORDERS(all others) 1. Department Director 2. City Attorney 3. Finance and Management Services Director 4. Ciry Clerk TOTAI NUMBER OF SIGNATURE PAGES Indicate the#ot pages on which signatures are required and paperclip or flag sach of these pages. ACTION REQUESTED Describe what the projecVrequest seeks to accomplish in either chronologi- cal order or order of importance,whichever is most appropriate for the issue. Do not write complete sentences. Begin each item in your list with a verb. _ RECOMMENDATIONS Complete if the issue in question has been presented before any body, public or private. SUPPORTS WHICH COUNCIL OBJECTIVE? Indicate which Council objective(s)your projecUrequest supports by listing the key word(s) (HOUSING, RECREATION, NEIGHBORHOODS, ECONOMIC DEVELOPMENT, BUDGET,SEWER SEPARATION). (SEE COMPLETE LIST IN INSTRUCTIONAL MANUAL.) PERSONAL SERVICE CONTRACTS: _ This information will be used to determine the city's liabiliry for workers compensation claims,taxes and proper civil service hiring rules. INITIATING PROBLEM, ISSUE,OPPORTUNITY Explain the situation or conditions that created a need for your project or request. ADVANTAGES IF APPROVED Indicate whether this is simply an annual budget procedure required by law/ charter or whether there are specific ways in which the Ciry of Saint Paul and its citizens will benefit from this project/action. DISADVANTAGES IF APPROVED What negative effects or major changes to existing or past processes might this projecUrequest produce if it is passed(e.g.,traffic delays, noise, tax increases or assessments)?To Whom?When?For how long? DISADVANTAGES IF NUT aPPROVED What will be thQ negative consequences if the promised action is not approved? Inabixty to deliver;service?Continued high traffic', noise, accident rate?Loss of revenue? FINANCIAL IMPACT Although you must tailor the information you provide here to the issue you are addressing, in general you must answer two questions: How much is it going to cost?Who is going to pay? . . ��- ,a� o CITY OF �AINT PAUL ��ii'ii" OFFICE OF THE CITY COLJNCIL Members: Dave Thune, Chair Janice Rettman DAVE THUNE , Roger Goswitz Counc�7member Date: November 8, 1990 REGEIVEn COMMITTEE REPORT: Date: November 7, 1990 NpV09�ggo Time: 2:00 p.m. CITY CLERK Place: Council Chambers 3rd Floor City Hall NEIGHBORHOOD SERVICES COMMITTEE 1. Approval of October 17, 1990, meeting minutes. APPROYED 2. Resolution #90-1729 - Ratifying assessments for summary abatements (property clean-up) from mid-June to August, 1990, and boardings-up of vacant buildings for June and July, 1990. APPROVED 3. Appeal to the Order of a Summary Abatement concerning property at 407 Eichenwald Street. WITHDRAWN 4. Discussion to determine if graffiti located on the garage at 792 Lake Street is racial or not racial and make a recommendation to the City Council . WITHDRAWN 5. Ordinance #90-1114 - An ordinance amending Section 231.02 of the Legislative Code to add a provision for mandatory minimum fees for permitting a public nuisance. (Referred to Neighborhood Services Committee on 7/3%90; Heard in Committee on 8/15/90; Laid over to September 5, 1990; Author requested Further Layover.) APPROVED AS AMENDED � -�_ �esolution #90-1060 - Requesting the St. Paul Charter Commission to review and � make recommendations to the Council on a proposed City Charter Amendment relating to the disposal of park lands. RESOLUTION APPROVED AS AMENDED 7. Resolution #90-1366 - Adopting the Plan for Fire and Emergency Medical Services as part of the St. Paul Comprehensive Plan - discussion of "Communications and Facilities". (heard in Committee on September 5, 1990; Heard in Committee on October 17, 1990, Continued to November 7, 1990.) LAID OVER TO NEXT MEETING, NOVEMBER 21, 1990 CITY HALL SEVENTH FLOOR SAINT PAUL,MINNESOTA 55102 612/298-5679 s�,se Prtnted on Rccycied Paper R � ` � '� ►. � �� _ . . , , , , Doc.�ab�r 17, 1990 Mr. Mark Get�an, Jr. Chairp�r�on, st. Pa�ui t�art�rr Ccamiie�sion . c/o Nancy Ac�lerson. ttooim 706� City �Hall . . Dear Mr. Gehan: , ,. Attached"for cansidetation by the Charter Caaomi+a�ion ia a copy of �City Council reaolution 90-1060 requestinq the St. Paui Ch�cter Commisaian . to revie�r and make recommendatione on a propoa�d a�3msnt to Saction 13.OZ.1 of the St. Paul City Charter rolating to the c�iipo�►1 of park° l�. Alao attached ia a copy of the proposed ord�nance. t�ety�truly youra� � C��,�.�: �- ��C�-�a � � - ; Alk�ec't B. 03son � � City Cl�tk : ABO2th . _ _ � �. y . . . . . . . _ . Attact�n+ants - � ,.-- .� �• -��-��, />:� - �� r,,�''� ,..a,��.�.,��.�_�� .�r. � � ' Counci l Fi le �! ��[/ Ordinance # Green Sheet # ORDINANCE _, CITY OF SAI P U , MINNESOTA �`_ `- Presented By � i----____ �"�� Referred To Comnittee: Date 1 2 An ordinance amending the Saint Paul City Charter, Section 13.01.1, pertaining to 3 disposal or diversion of park property. 4 The Council of the City of Saint Paul Does Ordain: 5 Section 1 6 Pursuant to Minnesota Statutes, Section 410.12, Subdivision 7, and upon 7 recommendation of the Charter Commission of the City of Saint Paul, chapter 13 of the 8 Charter of the City of Saint Paul is hereby amended to add a new section 13.01.1 9 thereto: 10 PROPOSED CHARTER AMENDMENT FOR PARKS 11 Sec. 13.01.1. Lands which may have been heretofore acquired by any means or 12 which may hereafter be acquired by any means for park purposes shall not be diverted 13 to other uses or disposed of by the City except in the following manner. "Park purposes" 14 shall mean playground, trail, parkways, open space and any other recreational purpose. ...:..r,....:,.::>�. 15 (A) The saint paul parks commission;:::�F;:��*r':::�m�tt�e: ...:...:........:........::........�:::...........:. 16 established by the city council shall be asked to review the 17 proposed diversion or disposal, and submit its 18 recommendation to the city council. 19 (B) After receiving the ' ' ......<.>:.>:.:a:.>:.:;.::.::;:.>:.x.::::::::.>:.;:::::..>:a�:::.:::::.: 20 recommendation:��:�€SS�E�1�..:'t3x:�:;G?��3,`€�1;��; a public hearing 21 shall be conducted by the city council for the purpose of 22 considering the proposal and the recommendation�e 23 pxr . Notice of the hearing shall be published 24 at least 10 working days prior to the hearing, and all 25 interested persons shall be given an opportunity to present 26 their views. 27 (C) The council may, by resolution adopted by at least 2/3 of 28 the total council, authorize the diversion or disposal in the 29 event it is determined to be in the best interests of the public 30 to do so. The council shall require that additional park lands 31 be acquired to replace those lands diverted or disposed. 32 Consideration shall be given to replacing park land within 33 the same district planning council area and to replacing lands 34 with similar lands to maintain the balance within the park 35 system. • � � �� /�� 1' ' (D) The Council shall obtain from a qualified independent 2 appraiser-an appraisal of the market value of the park lands 3 to be diverted or disposed and in the event the City receives 4 less than the appraised market value the Council shall 5 allocate funds from the capital budget to equal that 6 deficiency. 7 (E) The net proceeds or funds received or allocated, and interest 8 earned thereon, from the diversion or disposal of park lands 9 shall be maintained in a separate fund and shall be used only 10 for the purpose of acquiring additional park lands. ,.......:;.::.::.::.::.:.....:.::.::.::.;:.;:::.;;:.::..:.>: <.::.;:.;;::.;:�:.;:.;:.;:.:.;;:.;:.; :.:.>;:.>:.;:<.:>;;:.>:.;:.;:.;>;:.;:.;:.;:.:�:.;:.;:.;:.;;:.;;�>:.;:.: �:.;:.;:.>::::.;:.:��.;:_:.;;:.;:.;.::.;:.;:.:<.;:.;_.;:.;:.; 11 >: .;:»»>::>::;::;>:::.::>�: :>::..::;::> �:�:>::>:.:......:... ..... .;...........:....:..:.;.:. ..,.;..;..:::.:...: ;.,..;.: ..:..:.;......:: F::<:::>::::>::::>::�`��::<vf::<�I�:::��ud::::J��r�a�t��::>��:;��:>:��`::::c��c�c�;t�d:::::��:::;�fi�::>��::.<: �.:::�:::::::::::::::.::::::::.:::::::::::::::::.;>:::;:::::::::::::::.::::::.:::::::::.:;:.;:.::.:;:;:.:.Y.;:.::.::.:.:.:.:.;:.;:.:.;::.::<:::.::.;::::::::::.:::::::::.::::.::::::::::.:� :: �::.::. ;:.>:.;:.;:.: .;:.;:.;: .;:.;:.; .;:.;:.;:.:;;:«.;:.;::.::.::.::.::.:.:.::;.;:.::.::.::.;:.;;:.;:.;:.::.;;:, .:::.:.;:.;:.;:.:::.::.:;::.:::<:>::>.<:::::>:::»::>::>::>::>::>::>:>::>::>::»>::::.. . 12 �>:e�;►��I�:�::>::�ox�:>: a��::::: ;i�< :.>��::::��::::b�::::x��r�� :<::�� :::.<:::: ::::> > <: <.�._:::::::::.:.::::::.�::.:.:::..:<:.�::::::::::.:�!::.:�!:.:::.:.::.::.::::<:«.::««««<::::.::,:::::.::<.::<��«��<:t�::��'�, .;;::<.:.::.;:.;:.::.:;:.::.::.::.;::.::.;:.;::: ;.:::.::.::.::.::.::.;:.::.;:.::.:.:.:;.: .::.:::.::.:;:.:::.;:.:,:.:::::::::::.:_:.._::::::::::.:::::.;:.::::::::.:::::.:::::. .._::.:::.�. 13 ::. .:::>; : >:::..:.. ::>::: :. ::>:..:.�.. :.::>: >.: :::.: : ::�>::...:;: ...::>: ,....>:::: : ::::.>:x:::::::::..;...; ��p��s;.::b�r:.:>��::��,�:::��::::�� ac��c� � �� 1�h� 14 I` n� �::::rria':;;::�'::::::::::'::::: ,.;.,::.:<:,.;:. ::..::::;: <::::...;>::;:.:::::>: ,.,;:,.: ::,,.,;:.;,:� :.;;,::.;>:.>:>�;::;:.;,.;,.:>>::>::: >�.;:.:�>;:.;:.;:.;:;:;:�':»>:<'�� th�r��s�c�� r�� m�n�er: . ...... .... . 15 ::'r��:`:'�i�;::t�is::;�cfiiaz��:: F:::::..:::::......:..........:...::.:::.....::..::......:.:.... 16 Section 2 17 This ordinance shall take effect and be in force ninety days from and after its 18 passage, approval and publication. ---------------------------------------- --------------- ------- ------ --------- Yeas Na s Absent Requested by Department of: Dimon Goswitz Lon Maccabee Rettman Thune Wilson BY= Form A ved by City Attorney Adopted by Council: Date Adoption Certified by Council Secretary BY: r� ;' BY' Appro by Mayor for Submission to Council Approved by Mayor: Date By: By: O R ` �� • ° � Counci l Fi le # �/�� Ordinance # Green Sheet # �`� ORDINANCE � ITY OF SAINT PAUL, MINNESOTA Presented By Referred To Committee: Date An ordinance amending the Sai t Paul City Charter, Section 13.01.1, pertaining to disposal or diversion of park property. The Council of the City of Saint Pa Does Ordain: ection 1 Pursuant to Minnesota Statutes, Section 4 .12, Subdivision 7, and upon recommendation of the Charter Commission of the City of Saint Paul, chapter 13 of the Charter of the City of Saint Paul is hereby amended to add a new section 13.0 1 thereto: PROPOSED CHARTER AME DMENT FOR PARKS Sec. 13.01.1. Lands which may have been heretofo acquired by any means or which may hereafter be acquired by any means for park purposes sha not be diverted to other uses or disposed of by the City except in the following manner. "P k purposes" shall mean playground, trail, parkways, open space and any other recreational purpo . (A) The saint paul parks commission, established by th city council, shall be asked to review the proposed diversion or disposal, d submit its recommendation to the city council. (B) A public hearing shall be conducted by the city council r the purpose of considering the proposal and the recommendation of the arks commission. Notice of the hearing shall be published at le st 10 days prior to the hearing, and all interested persons shall be give an opportunity to present their views. (C) The council may, by resolution adopted by at least 5 affirmative votes, authorize the diversion or disposal in the event it is determined t be in the best interests of the public to do so. The council shall require that additional park lands be acquired to replace those lands diverted o disposed. (D) The Council shall obtain from a qualified independent appraiser an appraisal of the market value of the park lands to be diverted or dispos d and in the event the City receives less than the appraised market value t e Council shall allocate funds from the capital budget to equal that � deficiency. (E) The net proceeds or funds received or allocated from the diversion or disposal of park lands shall be maintained in a separate fund and shall be used only for the purpose of acquiring additional park lands. O ` ` I �� . Section 2 � �`a/ � , . � �v This ordinance shall take effect and be in force ninety days from and after its passage, approval and publication. ., w � §�\ `, \ _______-__'__=c______________c________'-_=c=__�_'_____'c=_____'____'_____ _______'________ _________ ____�__ __��__ __��____ Yeas Na s Absent Requested by Department of: Dimon Goswttz Lon Maccabee Rettman 7hune Wilson BY� Form Approv by City Attorney Adopted by Council: Date Adoption Certified by Council Secretary By: ' � By: t � Appro4ed/ by Mayor for Submission to Approved by Mayor: Date Counci�, By: By: ^ � ;;;, �r%., , �i �pIT!OP �� :, CITY OF SAINT PAUL ° � "' � ��'�, OFFICE OF THE CITY ATTORNEY a i�[��Ai��li ^v' Q �; t r+ �j' '� e �� 0�� ca�t � �:�.� ,••• JANE A. MC PEAK, CITY ATTORNEY N Ov � `' '�:` `� 647 City Hall,Saint Paul,Minnesota 55102 � i::,� 612-298-5121 JAMES SCHEIBEL FAX 612-298-5619 �YOR COU�iCl L�'�i��fll��`, JANICE RETTMAt� November 16, 1990 Councilmember Janice Rettman 7th Floor City Hall Re: Charter Amendment-Park Lands/Disposal Dear Councilmember Rettman: You and Councilmember Maccabee had raised concerns about the pending and proposed charter amendment regarding the disposal of park lands. At your request, I have prepared a draft amending the proposed ordinance so as to add a new subsection F, which reads as follows: (F) Use of all land hereafter conveyed or dedicated to the city specifically for park purposes shall be restricted only to park purposes by the city, and upon acceptance by the council the lands may not be thereafter disposed of in the manner provided in this section. Is this what you had in mind? I do have a question for you about this language. This subsection prohibits the disposal of newly acquired parks "in the manner provided in "this section of the charter, and it is possible to interpret the subsection as meaning that the park lands may be disposed on in some other manner. QUESTION: Is that what you had in mind? Or was it your intention to prohibit the city from EVER disposing of the newly acquired park lands? The changes to subsections A and B are intended to address the concerns of Councilmember Maccabee as to whether the language of the charter amendment would by implication establish a parks commission. ��-'�� , .�� . . . �� co = <�.. , e Q��LM��Ne� <oN� ,,R . � � �U -��%��' Bob Piram, Supervisor of Parks and Recreation, has made inquiries of ine as to the progress made in preparing any amendments for you and for Councilmember Maccabee, as he would like to see the proposal considered by the Charter Commission. I have not shared with him a copy of this draft, and you may wish to do so. Please advise me if there is anything else that I may do to assist you in this matter. Yo s truly, �' i , �, ; J O � J. SEG P�'ssisitant City Attorney ! JYS�