11-17-2021 Workshop Packet - Laserfiche WebLink

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The Planning Commission was informed of the potential purchase of this site at their last Planning Commission meeting on November 10. According to Minn. Stat. § 412.211, any municipality that has an adopted Comprehensive Plan is required to consult their Planning Commission to determine if a purchase of real property would be in compliance with the City’s Comprehensive Plan. General Procedures City Ordinance Chapter 202, Section 202.070 for Planning Commission Recommendations of Commission states the following: The Advisory Planning Commission shall, pursuant to Council directives, Council resolutions, or City ordinances, propose, draft or recommend, overall or partial plans for future physical development and improvements of the City, including all matters relating to zoning and planning as cities are authorized and empowered to undertake pursuant to state statutes and laws. This Commission shall also consider all plats submitted by private property owners, all plans and proposals for development of private or public property within the City as required by City Ordinance, and shall advise the Council on any and all matters referred to it by the Council. The review of the Planning Commission is further instructed in State Statute § 462.356, Subd. 2 Procedure to Effect Plan: Generally which requires that, before a City acquire or dispose of any interest in property that the Planning Commission review the proposed transaction for consistency with the comprehensive plan. Below is the language in its entirety from this subdivision: 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. In addition, Minn. Stat. § 412.211 states the need to notify the Planning Commission and request their review regarding conformance with the Comprehensive Plan. In this case, the parcel has been identified in a TIF District for redevelopment since 1995. V. Real estate acquisitions, sales, and other dispositions Statutory cities are authorized to acquire real property within or outside their corporate limits by purchase, gift, devise, condemnation, lease, dedication, or otherwise. The law permitting the conveyance of tax-forfeited land to a city may also be used to acquire land. Statutory cities are free to hold, manage, control, sell, convey, lease, or otherwise dispose of real and personal property as required by the city’s interest. With the council’s authorization, no consideration is required when a city conveys land for the public use to another public corporation, any governmental subdivision, or the Minnesota Armory Building Commission. Generally, a city