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4.4. SR 09-17-2001TO: FROM: DATE: SUBJECT: MEMORANDUM Mayor and Council Pat Klaers, City Administrator September 17, 200 I Consider Bailey Purchase Agreement Item~ 4.4. This past winter the City Council reviewed an appraisal (by Jerry Smith) for the Bailey property. The City Council authorized and paid for this appraisal. The Bailey property is on Quinn Avenue between 5th Street and 4th Street and is adjacent to the southwest part of the library parking lot (sec attached map). After review of the appraisal, it was the consensus of the City Council to pursue the purchase of the Bailey property. The purchase of this property makes good planning sense for the future library expansion. Last spring, the city and the attorney for Mrs. Bailey looked at a draft standard purchase agreement. After discussion of the purchase agreement and evaluation of the situation it was decided to consider a life estate arrangement. Staff feels that this is the best type of arrangement for the city as we pay now for the property (at the appraised value) and the city obtains the property when Mrs. Bailey moves out or is no longer living. With this arrangement the city has no issues with leasing or renting the property back to Mrs. Bailey, dealing with maintenance of the property, insurance, taxes, etc. The city has no immediate plans for expansion of the library or its parking lot and we can wait a number of years to obtain control of this property. The total amount of funds for this purchase is available in the library reserves. If this transaction moves forward, the city will continue to look at the site configuration and will have discussions with adjacent property owners as appropriate. One final item to note, and this relates to the Planning Commission review of land transactions. The City Council can waive Planning Commission (review by resolution adopted by two-thirds vote) if the Council finds that the acquisition has no relation to the comprehensive plan. If Council wants to dispense with the Planning Commission review, it can adopt the attached resolution and subsequently approve the purchase agreement. I think that the Council could make this finding, as the library is not specifically mentioned at all in the comprehensive plan. Parks and Streets and Utilities are the only government facilities that are reviewed in the Comprehensive Plan. If the City Council wants the Planning Commission to review this proposed acquisition, then staff should just receive Council input on the attached proposed purchase agreement. We will then have the Planning Commission comment on the acquisition at its September 25 meeting and the Council can then reconsider this purchase agreement at its October 8 meeting. T RESOLUTION 01 - CITY OF ELK RIVER A RESOLUTION WAIVING THE REQUIREMENT FOR THE PLANNING COMMISSION REVIEW OF THE BAILEY PROPERTY ACQUISITION WHEREAS the City Council of the City of Elk River has discussed library expansion plans at capital improvement meetings; and WHEREAS the only reasonable expansion for the library is to the west of its existing facilities; and WHEREAS the Bailey property west of the library parking lot has recently become available; and WHEREAS acquisition of the Bailey property for the expansion of the library and/or its parking lot has no relationship to the Comprehensive Plan; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, Minnesota: That the requirement for review by the Planning Commission of the acquisition of the Bailey property for the future expansion of the library and/or parking lot is hereby waived. Passed and adopted this 17th day of September 2001. Stephanie A. KAinzing, Mayor AT'I'EST: Sandra A. Peine, City Clerk