6.12A. SR 04-19-2004MEMORANDUM
Item # 6.12.A
TO:
FROM:
DATE:
SUBJECT:
Mayor and City Cou~ncil
Michele McPhers~, Director of Planning
April 19, 2004
Consider Resolution Regarding Excess Property
Attachments
· Minnesota Statutes 462.356
· Resolution 04 -
Request
The City Council is asked to adopt a resolution dispensing with the requirement that the
Planning Commission review the disposal of excess property for its compliance with the
Comprehensive Plan.
Analysis
Minnesota Statutes requires the Planning Commission to review all actions regarding public
property for compliance with the local Comprehensive Plan. The Commission reviewed the
land use request that brought the land use and zoning designations in compliance with each
other. The site is proposed to be sold for economic development purposes; consistent with the
comprehensive plan.
Recommendation
Staff recommends that the City Council approve the attached resolution dispensing with
Planning Commission review of the disposal of excess property.
S:kPLANNING\Case Files\2004\LU 04-02 City of Elk River\4 19 04 CC Memo re Res.doc
Minnesota Statutes 2003, 462.356 Page 1 of 1
Minnesota Statutes 2003, Table of Chapters
Table of contents for Chapter 462
462.356 Procedure to effect plan: generally.
Subdivision 1. Recommendations for plan execution.
Upon the recommendation by the planning agency of the
comprehensive municipal plan or sections thereof, the planning
agency shall study and propose to the governing body reasonable
and practicable means for putting the plan or section of the
plan into effect. Subject to the limitations of the following
sections, such means include, but are not limited to, zoning
regulations, regulations for the subdivision of land, an
official map, a program for coordination of the normal public
improvements and services of the municipality, urban renewal and
a capital improvements program.
Subd. 2. Compliance with plan. After a
comprehensive municipal plan or section thereof has been
recommended by the planning agency and a copy filed with the
governing body, no publicly owned interest in real property
within the municipality shall be acquired or disposed of, nor
shall any capital improvement be authorized by the municipality
or special district or agency thereof or any other political
subdivision having jurisdiction within the municipality until
after the planning agency has reviewed the proposed acquisition,
disposal, or capital improvement and reported in writing to the
governing body or other special district or agency or political
subdivision concerned, its findings as to compliance of the
proposed acquisition, disposal or improvement with the
comprehensive municipal plan. Failure of the planning agency to
report on the proposal within 45 days after such a reference, or
such other period as may be designated by the governing body
shall be deemed to have satisfied the requirements of this
subdivision. The governing body may, by resolution adopted by
two-thirds vote dispense with the requirements of this
subdivision when in its judgment it finds that the proposed
acquisition or disposal of real property or capital improvement
has no relationship to the comprehensive municipal plan.
HIST: 1965 c 670 s 6
Copyright 2003 by the Office of Revisor of Statutes, State of Minnesota.
http://www.revisor.leg.state.mn.us/stats/462/356.html 4/6/2004
RESOLUTION 04-
A RESOLUTION OF THE CITY OF ELK RIVER
A RESOLUTION DISPOSING THE REQUIREMENTS OF MINNESOTA
STATUTES SECTION 462.356 SUBD.2
WHEREAS, the City owns real property described as Lot 1, Block 2 Country Crossing
Business Center, and
WHEREAS, the City has deemed this property excess and proposes to sell it for economic
development purposes, and
WHEREAS,
the Planning Commission has considered a land use amendment for this
property in order to bring the land use designation in compliance with the
zoning designation and has recommended approval of the land use
amendment, and
WHEREAS, the City Council has considered and approved the land use amendment,
NOW, THEREFORE, BE IT RESOLVED that the City Council dispenses with the
requirements of Minnesota Statutes Section 462.356 Subd. 2 regarding the
disposal of real property.
Passed and adopted this 19th day of April 2004.
ATTEST:
Stephanie Klinzing, Mayor
Joan Schrnidt, City Clerk
S:\Resolutionsk2004 Resolutions\Unapproved\Excess Property.doc