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5.1 Item 5.1. ity of , ,lk� River MEMORANDUM TO: Planning Commission FROM: Stephen Rohlf, BZ Administrator DATE: November 28, 1995 $K SUBJECT: Acquisition of Park Land from the Shiely Company/ Public Hearing Items 5.1. and 5.2. on the Planning Commission's November agenda both involve acquisition of land for park purposes by the City of Elk River. The details of the purchase of property from Cass for park land are explained in a memo from Pat Klaers which is included in the agenda packet. The purchase of park land from the Shiely Company involves approximately . 30 acres of dry subtype oak forest identified as naturally significant by the Minnesota Department of Natural Resources. The purchase of this property will also preserve significant geological features of moraine, which is one of the highest points in Elk River. Additionally, the purchase of this property will provide approximately 2.5 kilometers of recreational trail for wildlife watching, environmental education, hiking, and skiing. There is a map attached to this memo showing the location of the property. The second attachment to this memo is a copy of the revised Comprehensive Park Plan. You will note in the location of the Cass property, an athletic complex was identified. You can also note that where the proposed purchase of the Shiely property is, an additional park with trail was identified. This trail is a link in an important future east/west corridor tying into the railroad hiking trail and Woodland Trails and Top of the World Parks. The Park and Recreation Commission has recommended the city purchase both the Cass and Shiely property for park purposes. The last attachment to this memo is a copy of State Statute 462.356 titled Procedures for Plan Effectuation. The following discussion elaborates on the duties of a Planning Commission according to the above-referenced State Statute as they relate to the acquisition of property by the city and staff's • recommendations as they relate to those duties: 13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425 • 1. The Planning Commission or agency must recommend a comprehensive municipal plan to the City Council. An addendum to this comprehensive plan is the Master Park Plan. Both the Cass and Shiely properties in question are identified in the Master Park Plan as a site for potential parks. 2. The Planning Commission shall study and propose to the governing body reasonable and practical means for putting the plan into effect. Pat Klaers elaborates in his memo on how the Cass property will be purchased. In regard to the Shiely property, the city has been successful at obtaining a $45,500 Natural and Scenic Grant from the Department of Natural Resources. The proposed purchase price for the Shiely property is $91,000 according to an appraisal. The grant is a matching grant; the other $45,500 is proposed to come from park dedication fees. 3. The Planning Commission is supposed to review a proposed acquisition for compliance with the comprehensive municipal plan. Once again, both the Cass property and Shiely property are identified in the proposed Master Park Plan. Staff feels these purchases are in compliance with the intent of the city's Comprehensive Plan. • III _41 ----------,0, ,,o • • c (4_ 01 0( l'4 , .., . ..,. _ . .,. :,. _ . CONCORD STREET . ---------.."-',;-- ----...----'---.._. - ---'-:-:-..7- 111 0 0 G 4) s, : - ' /. -,... -.: , 1.11101111 (pRivArE) , ---*04l ' . .•••:•::::::•:::::::•:- . ... 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OCERFEAD,„D PAM, �N15�0"G) PARK SYSTEM PLAN 1095 0 t! `�< ''_ • 5. DaRCRww ART PARK F. NEADO.vNE SOT03C ��� �/ 3 •Y 1- fly TOLLS PARK G. PNC.ODD GOLF COUPS( /l �� /// _-... U.. K. 0 OOt CANPUS(uN,OB CRQ MC SNR.P POTS [ //� \ 00 f HARRIS ISLAM PARK D 13X RNR SPAM P01) ♦ / AC 5. PLLSOE PARC CityOI _-'e °• [COSTING FUNK T�- - 10.JACKSON AND NUN STREET PYMS PYMS Elk TT,EONS PARK PLAYLDT fiver i-- i k L 52.11CADON PARS 5L1rnBCPUOAC PurK N 0 /d AW/N ,E ,< t7.N[MOWN[NEICNiS PARS ! COC 2.54 I,ARy ... ,.- IA.YOIDCNNAuq PARK .;5, IS.KWH TERRACE TOT O, 0 I I ";','/-11111111E111111 :. ,.,, 1._ri - ..— IS. couPctx AC ..,_� y' - 1•.OAR KNOLL AR.EM WADS ® 1, t- 'c-'€e 11�::-:�1 s; • s L AU Roc P [ %` :;:'E'©fi p2E::;": ea- 11.CRMO PARKI ARx AW _ I I1 .:x:,ca::;> [;t;t€ V. `Yi'; 1B.RARROID MIL UNCAP PUN O I I I —/,! i:g""Y•c - a- ll PAM/ © II ......J f/...y _..�__ �iN[NNW NYC PSTORC PAfi I [I _— _t•..��/�{�\:l• W. ..la PARK CONSCRVANr PARK C O I I t' -- '_ C I I( i yr— ,..c SPECIN USC PUN - ^`"�'� I __ ;; I` .00Nm SPOuIDFR --- - 15. I --,,,,;,:y.,-;,/, M- MEAD O I S I I l 1 i ,, CS,ACKD aN. ... on, s I ' t 1 L 1 NAK N I ! , I [ 111111 a r R - 3 ` ff 462.355 HOUSING,REDEVELOPN1ENT,PLANNING.ZONING 868 :C f - _V of the municipality. The governing body may propose the comprehensive municipal ' , plan and amendments to it by resolution submitted to the planning agency. Before :� t . t adopting the comprehensive municipal plan or any section or amendment of the plan, aj tliit the planning agency shall hold at least one public hearing thereon.A notice of the time, , j i place and purpose of the hearing shall be published once in the official newspaper of / " 1 It. j the municipality at least ten days before the day of the hearing. �• ,: II ; Subd. 3. Adoption by governing body. A proposed comprehensive plan or an $ amendment to it may not be acted upon by the governing body until it has received • ,..., ". t it i the recommendation of the planning agency or until 60 days have elapsed from the date - '_ ': an amendment proposed by the governing body has been submitted to the planning 1 tr ' • agency for its recommendation. Unless otherwise provided by charter, the governing body may by resolution by a two-thirds vote of all of its members adopt and amend 4:1 r r . the comprehensive plan or portion thereof as the official municipal plan upon such L notice and hearing as may be prescribed by ordinance. _ F Subd. 4. Interim ordinance. If a municipality is conducting studies or has autho- C t rized a study to be conducted or has held or has scheduled a hearing for the purpose - of considering adoption or amendment of a comprehensive plan or official controls as t defined in section 462.352, subdivision 15, or if new territory for which plans or con- Yi trols have not been adopted is annexed to a municipality, the governing body of the , k.. municipality may adopt an interim ordinance applicable to all or part of its jurisdiction •. 'i for the purpose of protecting the planning process and the health, safety and welfare a;: of its citizens. The interim ordinance may regulate,restrict or prohibit any use, devel- z; opment, or subdivision within the jurisdiction or a portion thereof for a period not to exceed one year from the date it is effective,and may be extended for such additional periods as the municipality may deem appropriate, not exceeding a total additional 'a, [ ' period of 18 months. No interim ordinance may halt, delay, or impede a subdivision Al which has been given preliminary approval prior to the effective date of the interim ___ lr ordinance. • S , ,!, - 1. History: 1965 c 670 s 5; 1976 c 127 s 21; 1977 c 347 s 68; 1980 c 566 s 24; 1983 c ; �; ;1' 216 art 1 s 67; 1985 c 62 s 1,2 at 1 :462: 56`;=PROCEDURE FOR PLAN,EFFECTUATION; GENERALLY J - ,t ` u tvtslon 1`.'412. mmendations`for plan execution:"Upon the recommendation by .I, ; the planning agency of the comprehensive municipal plan or sections thereof,the plan- si E I Ining agency shall study and propose to the governing body reasonable and practicable Ill', means for putting the plan or section of the plan into effect. Subject to the limitations tr# ,E ! of the following sections,such means include,but are not limited to,zoning regulations, t2. ;w"" regulations for the subdivision of land. an official map, a program for coordination of n .. ..',:i1;11,;',;11the normal public improvements and services of the municipality, urban renewal and =v a capital improvements program. it- �� 1''' Subd. 2. Compliance with plan. After a comprehensive municipal plan or section _it' i thereof has been recommended by the planning agency and a copy filed with the govern- - `_ IdL :' ing body, no publicly owned interest in real property within the municipality shall be ¢;.. II'il,i, acquired or disposed of,nor shall any capital improvement be authorized by the munic . 1, .. ipality or special district or agency thereof or any other political subdivision having :r.1 Pi :j, jurisdiction within the municipality until after the planning agency has reviewed the �` ;t proposed acquisition, disposal, or capital improvement and reported in writing to the rt_. 'it'2i' governing body or other special district or agency or political subdivision concerned, -'' ` �, ;j its findings as to compliance of the proposed acquisition,disposal or improvement with S �;; the comprehensive municipal plan.Failure of the planning agency to report on the pro- .i I E osal within 45 days after such a reference, or such other period as may be designated :r. At,33,' I.,: p + t 1 by the governing body shall be deemed to have satisfied the requirements of this subdi- 2' vision. The governing body may, by resolution adopted by two-thirds vote dispenser .e1 a ,"� with the requirements of this subdivision when in its judgment it finds that the pro- posed acquisition or disposal of real property or capital improvement has no relation i ( ship to the comprehensive municipal plan. '_ '1" ,t!'":- Q, ..-:'-:JP .,,,! kf; History: 1965 c 670 s 6 I 'Ff