3.5. SR 11-15-2004
1IJtem # 3.5. *
MEMORANDUM
FROM:
Mayor and City Council
Michele MCPherso~ctor of Planning
TO:
DATE:
November IS, 2004
SUBJECT:
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 City Council is exchanging the
lot it owns in Fox Haven Commercial for an adjacent lot in order to construct a municipal liquor
store. Both lots are guided and zoned commercial. The liquor store construction will require a
Conditional Use Permit, which requires Planning Commission and City Council review and
approval.
Recommendation
Staff recommends that the City Council approve the attached resolution dispensing with
Planning Commission review of the disposal of excess property.
S: \PLANNING \ Case Files \2004\ 11 15 04 Lqr Res Memo.doc
Page I of I
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.
http://www.revisor.leg.state.mn.us/cgi-bin!getstatchap.pl
7/23/2004
RESOLUTION 04-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ELK RIVER
A RESOLUTION ADDRESSING THE REQUIREMENTS OF MINNESOTA
STATUTES SECTION 462.356 SUBD.2
WHEREAS, the City owns real property described as Lot 2, Block 1 Fox Haven
Commercial (Lot 2), and
WHEREAS, the City proposes to exchange Lot 2 for an adjacent parcel described at Lot
3, Block 1, Fox Haven Commercial (Lot 3) to construct a municipal liquor
store, and
WHEREAS, Lots 2 and 3 are both guided and zoned for commercial uses in the adopted
Comprehensive Plan and zoning ordinance of the City of Elk River.
NOW, THEREFORE, BE IT RESOLVED that the City Council finds that the
exchange of Lot 2 for Lot 3 is in compliance with and has no relationship to
the Comprehensive Plan of the City of Elk River, and that therefore no
further review by the Planning Commission is necessary to meet the
requirements of Minnesota Statute 462.356 Subd. 2.
Passed and adopted this 15th day of November 2004.
Stephanie Klinzing, Mayor
ATTEST:
Joan Schmidt, City Clerk
S:\PLANNING\Case Files\2004\Resolution Lqr Store.doc