04-13-2022 Council Packet - Laserfiche WebLink

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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 council can decide to buy or sell property without seeking permission. The statutes do not require the council to submit the question to voters unless bonds are issued to purchase property. If a city has a comprehensive plan however, it must usually notify the planning commission of the intent to purchase or sell land, and allow 45 days for comment from the planning commission. Planning Commission Action: The Planning Commission was asked to make a finding as to whether or not the proposed acquisition of real property is in compliance with the City’s Comprehensive Plan based on the aforementioned factors. The Planning Commission unanimously adopted a motion to recommend City Council approval of the acquisition of property 2750 Rice Street and that the purchase of this parcel is compliance with the City’s 2040 Comprehensive Plan. Findings of Fact: • The property at 2750 Rice Street is located in a PUD, Planned Unit Development (underlying Commercial) District and is .21 acres. PID 062922330002. • The Little Canada 2040 Comprehensive Plan has the property guided toward C-2, Corridor Mixed Use (Commercial) on the Future Land Use Plan. • The subject property is currently a pawn shop. • The adjacent properties are developed as Commercial. • The purchase of the parcel at 2750 Rice Street is determined to be consistent with the City’s Comprehensive Plan.