PUBLIC HEARING - Cathy Sorensen, City Clerk
Title
FIRST READING
ORDINANCE AMENDING CHAPTER 12, MISCELLANEOUS AND TRANSITORY PROVISIONS, SEC. 12.05 SALES OF REAL PROPERTY OF THE CITY CHARTER OF THE CITY OF BLAINE
Background
At the May 14, 2019, annual Charter Commission meeting, the Commission unanimously voted to approve language changes regarding sales of real property. Current Charter language states that removal of park or open space designation requires approval by the voters of 51%; the Commission is recommending changes to state the majority of those voting instead.
This ordinance, adopted in January 2000, was a result of direction of then Open Space Committee members and had three components:
1. All park and open space land would be designated by the City Council by ordinance to provide for public input following the introduction of park/open space land designation.
2. The City could not sell lands designated as parks or open space.
3. Removal of a park or open space designation would require approval of 51% of votes at a regular municipal election.
The Charter Commission is suggesting amending language from the current specific percentage of voters of 51% to a majority of voters. This amendment would capture the intent of the ordinance as the majority of voters and not a specific percentage of voters, which in some cases could require to be more than a majority.
The Commission directed staff to bring the item forward for public hearing and Council consideration as outlined in Statute. Notice of this public hearing was published in the Blaine Spring Lake Park Life and posted at City Hall and electronically. The proposed language was sent to the Natural Resources Conservation Board and input/comments will be shared prior to second reading.
Recommendation
Take public comment then hold first reading of the proposed Charter amendment with second reading and recommended adoption at the June 17 meeting. The vote for adoption must be unanimous and would become effective 90 days after passage and publication.
Body
THE CITY OF BLAINE DOES ORDAIN: (Added portions are underscored and deleted portions are shown in brackets with overstrike.)
Chapter 12, Miscellaneous and Transitory Provisions, Sec. 12.05 Sales of Real Property of the City Charter of the City of Blaine is amended to read, as follows: (added portions are underscored and deleted portions are shown in brackets with overstrike).
Sec. 12.05. - Sales of real property.
No real property of the city shall be disposed of except by ordinance. The proceeds of any sale of such property shall be used as far as possible to retire any outstanding indebtedness incurred by the city in the purchase, construction, or improvement of this or other property used for the same public purpose. If there is no such outstanding indebtedness the proceeds shall be placed in the general fund.
All park and open space land shall be designated by the City Council by ordinance.
The city shall not sell lands designated as parks or open space.
Removal of a park or open space designation from lands owned by the city shall require the approval of [fifty-one percent (51%)] the majority of those voting on the question at a regular municipal election.
INTRODUCED AND READ in full the 3rd day of June, 2019.
PASSED by the City Council of the City of Blaine this ___day of ___, 2019.