RES 12-58 Resolution No. 12- 58
• City Council
City of Elk River
A Resolution finding that acquisition of the Property known as Bailey Point for Park
purposes has no relationship to the City of Elk River Comprehensive Plan and authorizing the
Mayor and City Clerk to execute the necessary documents to purchase Bailey Point.
RECITALS
WHEREAS,the City was approached by the current owners of the property known as
Bailey Point(the "Property")to inquire as to the City's interest in acquiring the Property for
public park purposes; and
WHEREAS, the City Council, by prior action, directed that negotiations proceed for the
acquisition of the Property; and
WHEREAS, City staff has worked with the owners of the Property and the Minnesota
Land Trust to structure a transaction pursuant to which the owners will grant a conservation
easement to the Minnesota Land Trust and sell the Property to the City subject to the
conservation easement; and
• WHEREAS, Bailey Point is a 26-acre property at the confluence of the Mississippi and
Elk rivers which has been used for private recreational purposes for many years; and
WHEREAS, acquisition of the Property subject to the conservation easement will ensure
that the Property remains used for passive recreational purposes; and
WHEREAS,the Property is designated in the City of Elk River Comprehensive Plan as
within the "Old Town" area of the City; and
WHEREAS,the Old Town designation of the Comprehensive Plan includes the use of
land for public or private parks; and
WHEREAS, the property is currently zoned by the City of Elk River Zoning Ordinance
R1-C, which also allows public or private parks; and
WHEREAS, acquisition of Property for a passive recreational public park will not change
the existing use of the Property for passive recreational purposes and will be consistent with the
City of Elk River Comprehensive Plan.
NOW THEREFORE,the City Council of the City of Elk River finds:
•
That the proposed acquisition of the Property for passive recreational purposes subject to
a conservation easement in favor of the Minnesota Land Trust is consistent with the current use
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of the Property as well as the City's Comprehensive Plan and Zoning Ordinance.
That acquisition of the Property has no relationship to the Comprehensive Plan and
therefore it is not necessary for the Elk River Planning Commission to review the proposed
acquisition and report to the City Council on its finding as to the compliance of the proposed
acquisition with the Comprehensive Plan.
The City Council hereby authorizes the Mayor and City Clerk to execute the necessary
documents to complete the purchase of the Property known as Bailey Point.
Adopted this 5th day of November, 2012, by the affirmative vote of no less than four
members of the City Council.
41%,
Ji J. Di: ayor
Tina All , City Clerk
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