Memo - Discussion Topics - C.C. and Park Board joint meeting
Public Works Department
Memorandum
From:
Honorable Mayor and Members of the City Council
Park Board Members
Rick Getschow, City Manager ~
Steven J, Stadler, Public Works Director
To:
Copy:
Date:
August 25, 2005
Subject:
Discussion Topics - Joint Meeting between City Council and Park Board
1) ManaQement of remaininQ natural areas/qreen spaces within the city
City Council has asked staff to look into what ability the City has to control or influence
development of the City's remaining non-city owned natural areas or green spaces.
Below is a listing of possible methods the City may use to gain control or influence of future
development of natural/green areas.
1, If the development request requires a rezoning, the City could deny the request or grant
the rezoning conditional on certain restrictions to the development to retain natural areas
or buffer areas
2. The City could identify high priority areas and attempt to purchase conservation
easements over the property
3, The City could specifically identify areas on the "official map", per MN Statutes 394.361,
giving the City the ability to deny development and the right to acquire the property
through eminent domain proceedings.
2) Park Dedication Fee policv
See attached memo from Nancy Anderson, City Planner.
3) Role of Park Board
The Park Board Commission Bylaws, Article III - Duties and Objectives read, in part, as follows:
"The objectives of the Commission are to advise the Council in conducting a public
recreation program for the City and its immediate vicinity; and to that end shall advise in the
providing, conducting and supervising of recreation areas, facilities, services and programs
for public recreation in its broadest sense, including playgrounds, parks, playfields,
swimming pools, beaches, camps, indoor recreation centers, and any and all other
recreation facilities and activities either within or outside the corporate limits of the City... To
bring about the achievements of these objectives the Commission shall:
. Establish objectives and policies,
. Make development plans,
. Increase public understanding and acceptance of practices and policies,
. Coordinate actions of the Hopkins/Minnetonka Joint Rec Board
. Make recommendations relating to acceptance of Park Dedication land or funds,
. Advise the Council in the operation of parks and recreations areas and facilities now
owned or hereafter acquired by the City...
. Review all matters relating to or affecting the physical development of park and forestry
land in the city,
. Serve as a forum for citizen, business, and community involvement and expression on
the above-mentioned elements, "
The Park Board has expressed interest in having a greater role in recreational programming at
Hopkins facilities not under the purview of the Joint Recreation Board, i.e., Hopkins Pavilion,
Hopkins Center for the Arts, Senior Activity Center, and SkatePark. Historically, the HCA,
Pavilion and the SkatePark have been enterprise fund facilities not supported by the General
Fund. The Activity Center has been operated like an enterprise fund facility but the General
Fund subsidizes it.
The Park Board would like to discuss this matter with the City Council.
4) Park Board and City Goals and Obiectives
In July 2005, City Council adopted 2005 and 2006 goals and objectives for the City. Goal IV is
"Improve the Quality of Life in Hopkins" and includes an objective to improve bicycle and
pedestrian safety and access. See attached sheet showing the goals and objectives,
5) Hiawatha Oaks Resolution
Staff has prepared a resolution (attached) that provides, we believe, the maximum possible
protection against future development of this valuable natural area. The City is currently waiting
for review, comment and/or approval from the Hiawatha Oaks organization prior to moving
forward with adoption of this resolution.
6) City Council liaison to the Park Board
The Park Board would like to discuss whether or not City Council would be interested in re-
establishing a liaison position.
Hopkins City Code
505.01
Section 50S - Official Map
505.01. Authority for official maps and plans. This section is adopted
pursuant to Minnesota Statutes, section "'61. D 1. 3'14. '3c:. c
505.03. Definitions. Subdivision 1.
have. the meanings given them.
The terms defined in this subsection
Subd. 2. "Planning agency" or "commission" means the planning and zoning
commission.
Subd. 3. "Platting authority" means the city councilor any other agency
responsible under statute, charter or ordinance for the approval of plats of
land within the city or within its area of platting control.
Subd. 4. "Official map" means the official map adopted in accordance with
this section.
505.05. Initiation of proceedings. Proceedings for adoption, amendment or
repeal of an official map or of any part thereof may be initiated by a recommen-
dation from the commission, action of the council on its own initiative,
recommendation of an advisory commission, request of another governmental body
or other public agency, or petition of five or more persons owning three or more
affected parcels of property.
505.07. Sketch maps and reports. Proposals or requests for proceedings for
official maps, or amendments, or changes thereto, however initiated, shall be
accompanied by a sketch map or plat showing the lands proposed to be included
and the public purpose to be served prior to any hearing thereon. The council
may request a report of the city engineer as to the feasibility of any
construction involved, and the city planner shall submit a written report on the
effect of the proposal on the comprehensive plan.
505.09. Reference to planning commission. A proposed official map or any
proposed amendment or change thereof shall be referred to the commission for
study and recommendation thereon, and such recommendation shall be submitted to
the council within 60 days after such reference by the council to the
commission. The commission may on its own motion submit proposed maps or
changes thereto to the council at any time. If after reference to the
commission by the council no recommendation is received by the council from the
commission within 60 days after such reference, the council may take such action
as it may deem proper upon any such proposed official map or amendment without
further action by the commission.
.
!
505.11. Notice and hearing. The council, upon rece1v1ng a recommendation from
the commission as hereinabove set forth, or at any time after 60 days from the
date of any referral of any proposed change or map by the council to the
commission without receipt of any recommendation thereon from the commission,
may consider such proposed change at any regular or special meeting of the
council. If a majority of the members of the council are in favor of the
proposal, a public hearing shall be held thereon at any regular or special
meeting of the council, notice of which public hearing shall be given by a
publication thereof once in the official newspaper not less than ten or more
than thirty days prior to the date of such hearing and such notice shall further
~opkins City Code
505.13
be mailed not less than ten days prior to such hearing to all persons appearing
on the records of the county to be the owners of property affected by such
proposed map or change. Such mailing shall be made by regular mail addressed to
the last known address of each such owner. In lieu of such mailing, such
notices may be served upon any such owner in the same manner as service of
process in any civil court action. Failure or inability to serve or mail any
such notices shall not invalidate the proceedings. Proof of any service shall
be by affidavit. Such notice shall include the time and place of the public
hearing, a general description of the property affected, and a general statement
of the nature and purpose of the hearing. A copy of the published notice as
hereinabove set forth thus served or mailed shall be sufficient. Any such
hearing may be continued from time to time not exceeding 60 days from the
original hearing date without further publication, mailing, or service. At any
such public hearing, the council shall receive evidence and hear arguments
concerning any such proposed map or amendment thereto. A final vote on any such
proposal shall be taken by the council not later than the first regular meeting
thereof following the final adjournment of the public hearing thereon.
505.13. Maps. The official map or maps shall be prepared in sufficient detail
to permit the establishment of the future acquisition boundary lines on the
ground. In unplatted areas, a minimum of a central line survey shall have been
made prior to the preparation of the final draft of the official map. The
accuracy of the future acquisition boundary lines shown on the official maps
shall be attested to by the engineer. After adoption, amendment or repeal of an
official map, a certified copy of the official map or sections thereof. with a
copy of the adopting, amending or repealing ordinance attached shall be filed
with the county recorder as provided in Minnesota Statutes, section 462.359.
.
505.15. Effect of official map adoption. After any official map including any
amendment thereto has been adopted and filed as provided in this section, the
issuance of all building permits by the city shall be subject to the provisions
of this section. The building official shall deny all applications for permits
to erect new buildings or to expand existing buildings within any area iden-
tified or set aside on such official map or any future public use or purpose,
unless such application and permit is for an erection, addition or alteration to
be completed in not more than 12 months from the date of such permit and the
total cost of which shall not exceed $15,000. The issuance of any permit so
granted shall not impair or in any way change or amend the full force and
effectiveness of the official map. Whenever any street or other thoroughfare is
established, constructed, widened, or otherwise improved or whenever any inter-
est in any land for any other public purposes is acquired by the city or any
governmental subdivision, within the limits of any area identified or set aside
upon said official map to be used for future public purposes, such governmental
subdivisions shall not be required in any acquisition proceedings to pay for any
buildings, structures, or other improvements which were erected, placed,
altered, or improved thereon without a building permit or in violation of any
condition in any permit. The adoption of an official map or any amendment
thereto does not transfer to the city or other public governmental subdivision
any right, title, or interest to any areas identified or set aside thereon for
public purposes. The adoption of such map, plan, and any amendments thereto
does hereby authorize the municipality or other governmental subdivision to
acquire interests therein for public purposes without paying compensation for
any buildings, structures, improvements, or alterations erected in any such
areas without a building permit or in violation of any condition or conditions
contained in any building permit pertaining to such areas.
. ,
Hopkins City Code
505.17
505.17. Appeals. Subdivision I. Hearing: notice. Whenever an application
for any building permit is denied pursuant to this section the applicant ma)'
appeal from such denial to the council. The council shall hold a public hearing
on such appeal at any regular or special meeting of the council, notice of which
hearing shall be made in the same manner as set forth in subsection 505.11 in
connection with public hearings on the official map.
Subd. 2. Grant. The council may grant such building permit upon evidence
presented to it-as-follows:
a) that the entire tract owned by the appellant by a denial of its use of
that portion thereof for public purposes pursuant to the official map,
cannot yield a reasonable return to the owner unless such building
permit is granted, and
b) that balancing the interest of the city in the preservation of the
comprehensive plan established by the official map against the inter-
est of the owner of the property in his proposed use thereof, the
granting of such building permit is required by the considerations of
justice and equity, or the acquisition of such property PUrsuant to
the comprehensive plan shall be commenced forthwith. If the appellant
prevails and his application for a building permit is granted, its
issuance shall not impair the full force, intent, and effectiveness of
the official map.
Subd. 3. Denial. If the council denies the issuance of such permit, the
city shall within six months from the date of such denial institute proceedings
in eminent domain or otherwise to acquire the land or interest therein set aside
for public use upon the official map and if no such proceedings are commenced
within said time, the officer responsible for issuing building permits shall
issue the permit if the application therefor otherwise conforms to all other
pertinent provisions of this code. The building official shall specify the
exact location, ground area, type of construction, and other details necessary
for the construction of the building for which the permit is granted all within
the provisions of the various statutes and provisions of this code pertaining
thereto.
505.19. Map adopted. The 1972 official map of the city was duly adopted by
ordinance no. 72-369 and amended by ordinance no. 84-540. Copies of the
official map as amended are on file for public inspection in the office of the
clerk.
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