94-1088 ORIGINAL Council File # 4`"`
Green Sheet # 0 �p7 (p/
0,T, RESOLUTION
4 ' F - AINT PAUL, MINNESOTA ZI
(7 Ilk 1 111 .
Presented By b
Referred to Committee: Date
WHEREAS, in May 1991, the Char er Commission recommended a proposed amendment to
section 13.01.1 of the City Charter !ertaining to the disposal or diversion of park
property, and which amendment was su.sequently enacted by the Saint Paul City Council; and
WHEREAS, subsections A -E of section 13.01.1 specify under what conditions park lands
may be disposed of by the City; and
WHEREAS, subsection F inadvertently nullifies the authority specified in subsections
A -E; and
WHEREAS, the following amendment is necessary to correct the conflicting provisions
in section 13.01.1 of the Charter; a.d
Sec. 13.01.1 Disposal or diversion o park property.
Lands which may have been here acquired by any means or which may hereafter be
acquired by any means for park purpo es shall not be diverted to other uses or disposed of
by the city except in the following anner. "Park purposes" shall include, but not be
limited to mean, playground, trail, •arkways, open space and any other recreational
purpose.
(A) The Saint Paul Parks Co . ssion, or if no parks commission exists, then
another committee establ'shed pursuant to section 3.01.8 of this Charter,
shall be asked to review the proposed diversion or disposal and submit its
recommendation to the ci.y council.
(B) After receiving the reco endation of the commission or committee, a public
hearing shall be conduct :d by the city council for the purpose of considering
the proposal and the recommendation. Notice of the hearing shall be published
at least ten (10) workin' days prior to the hearing, and all interested
persons shall be given a opportunity to present their views.
(C) The council may, by reso ution adopted by at least two - thirds of the total
council, authorize the d version or disposal in the event it is determined to
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 or
disposed. Consideration shall be given to replacing park land within the same
district planning counci area and to replacing lands with similar lands to
maintain the balance wit the park system.
(D) The council shall obtain from a qualified independent appraiser an appraisal
of the market value of t e park lands to be diverted or disposed and in the
event the city receives ess than the appraised market value the council shall
allocate funds from the 'apital budget to equal that deficiency.
(E) The net proceeds or fund- received or allocated, and interest earned thereon,
from the diversion or di -posal of park lands shall be maintained in a separate
fund and shall be used o ly for the purpose of acquiring additional park
lands.
Page 1 of 2
ORIGINAL qq -1
(F) All lands conveyed or dedicated at any time to thc city apccifically for park
acceptance by thc council thc lands may not be thereafter disposed of in the
manner provided in thin *cation or in any other manner.
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NOW, THEREFORE BE IT RESOLVED, that the Council of the City of Saint Paul hereby
recommends the Charter Commission reiiew and recommend for unanimous City Council
adoption, pursuant to Minnesota Statutes Section 410.12, subd. 7, the above amendment to
the Saint Paul City Charter, and
FURTHER RESOLVED, that the City Clerk is hereby directed to transmit a copy of this
resolution to the Secretary of the Saint Paul Charter Commission.
Page 2 of 2
Yeas Nays Absent
Blakey 1/ Requested by Department of:
Grimm Division of Parks &Recreation
Guerin
Harris
Megard — 7/ / —
Thune n_ g
Thane �/
/ a 0
/l 7 i a , 1 ,"1 Form Appr• ed by / ity torney
Adopted by Council: Date /� J t �
Adoption Certified by Council Secretary By: / y A nd
By `. _ _ _ ` � �� �__ Appro' -• b ., / o fo - Su• : ssi n to
Approved i,.� May• : Iat g:// iq Counc, / /
By: il if
G 5'I cm- bee
DEPARTMENT/OFFICE/COUNCIL DATI INITIATED No o 2 8 2 6 1
Parks and Recreation 6/8/94 GREEN SHEET
CONTACT PERSON & PHONE INITIAUDATE INITIAL/DATE --
DEPARTMENT DIRECTOR CITY COUNCIL
Bob Pi ram 266 -6404 ASeGN ITYATTORNEY D CITY CLERK
MUST BE ON COUNCIL AGENDA BY (DATE) NUMBER FOR
Rpt TING BURG RECTOR E] FIN. & MGT. SERVICES DIR.
June 29, 1994 t)RIER YOR(ORASSISTANT) E
TOTAL # OF SIGNATURE PAGES 1 (CLIF ALL LOCATIONS FOR SIGNATURE)
ACTION REQUESTED:
Approval of City Council Resolutior
RECOMMENDATIONS: Approve (A) or Reject (R) P?RSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS:
_ PLANNING COMMISSION _ CIVIL SERVICE COMMISSION 1. Has this person/firm ever worked under a contract for this department?
_ CIB COMMITTEE YES NO
_ STAFF 2. Has this person/firm ever been a city employee?
YES NO
— DISTRICT COURT 3, Does this person/firm possess a skill not normally possessed by any current city employee?
SUPPORTS WHICH COUNCIL OBJECTIVE? YES NO
Etplaln all yes answers on separate sheet and attach to preen sheet
INITIATING PROBLEM, ISSUE. OPPORTUNITY (Who. Whet. When, Where, Why)
The current City Charter provision governing disposal or diversion of park property,
section 13.01.1, subsection F, conflicts with preceding subsections A -E and must
be revised.
ADVANTAGES IF APPROVED:
Clarification of City Charter provisions for parkland.
DISADVANTAGES IF APPROVED:
Cowell Research Center
None
JUL201994
DISADVANTAGES IF NOT APPROVED:
Continued conflict among City Charter provisions for parkland.
TOTAL AMOUNT OF TRANSACTION S NA COST /REVENUE BUDGETED (CIRCLE ONE) YES NO
FUNDING SOURCE ACTIVITY NUMBER
FINANCIAL INFORMATION: (EXPLAIN)