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HomeMy WebLinkAbout2011-045 Council Resolution• Council Member Gallup moved for adoption of the following resolution: CITY OF LINO LAKES RESOLUTION NO. 11 -45 A RESOLUTION AUTHORIZING THE CITY ATTORNEY AND CITY STAFF TO ACQUIRE AN OUTLOT FOR ROADWAY AND DRAINAGE PURPOSES WHEREAS, the owner of a small parcel of land requested the City to acquire from her a piece of property, and WHEREAS, the property is described as That part of Outlot A, Lino Air Park North, lying in the Northwest 1/4 of the Southeast 1/4 of Section 7, Township 31, Range 22, Anoka County, Minnesota and WHEREAS, the 2011 estimated market value of the property according to Anoka County is $100.00, and WHEREAS, the property is only two feet wide and runs along the north edge of Carl Street, and WHEREAS, the property is entirely covered by or bordered by roadway or drainage ditch; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Lino Lakes that it is in the public interest to acquire the property described above. BE IT FURTHER RESOLVED that the proposed acquisition of real property has no relationship to the comprehensive municipal plan and therefore the requirement of MN Statute 462.356 for a recommendation from the Planning & Zoning Board does not apply. BE IT FURTHER RESOLVED that the City Attorney and City Staff are hereby authorized and directed to perform appropriate due diligence and, in cooperation with the property owner, prepare the necessary documents to acquire the property described above for the purchase price of its estimated market value. BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized and directed to execute the necessary documents. BE IT FURTHER RESOLVED that the City will also pay all fees and costs of the acquisition. A est: lianne Bartel C Clerk Adopted by the Lino Lakes City Council this 11 th day of April 2011. The motion for the adoption of the foregoing resolution was duly seconded by Council Member 0' Donn611 and upon a vote being taken thereon, the following voted in favor thereof: Gallup, O'Donnell, Rafferty, Roeser, Reinert The following voted against same: none Whereupon said resolution was declared duly passed and adopted. • • • • AGENDA ITEM 6 C STAFF ORIGINATOR: Jeff Smyser C. C. MEETING DATE: April 11, 2011 TOPIC: Resolution No. 11 -45 Approving the Acquisition of a Two -Foot Strip of Property at the Request of the Property Owner VOTE: 4/5 BACKGROUND A former resident of Lino Lakes visited City Hall recently asking about a piece of property she owns. She believed she owned an easement that she doesn't want, and she wanted to give it to the City. Staff determined it is not an easement but a small piece of land that lies along the north edge of Carl Street. This outlot is only two feet wide. The north side of the Carl Street right of way is a drainage ditch. It is logical that the City acquire this two -foot strip of land for roadway and drainage purposes. The market value of this strip of land is $100 according to Anoka County. Staff has discussed the situation with the owner and she agreed to sell it to the City for $100. She originally wanted to just give it to the City, so the money is a bonus for her. The City will cover any fees and legal costs of the property transfer. The property owner asked to get this done as soon as possible to relieve her of the inconvenience of paying the $1.48 in taxes every year. The reason this action requires a 4/5 vote is that the City Attorney alerted us to a provision in Minnesota Statute 462.356. Whenever the City is acquiring publicly owned interest in real property the P & Z Board is to make a recommendation as to compliance with the comprehensive municipal plan. However, if there is no relationship to the comprehensive plan, the city council can dispense with that requirement with a 2/3 vote. OPTIONS 1. Approve Resolution No. 11 -45 authorizing staff to proceed with the steps necessary to acquire the property. 2. Return to staff with direction. RECOMMENDATION Option 1 1 • 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. History: 1965 c 670 s 6 1,1•Idocincio thi Vikb six of Anoka Conn Minnosors Property Account Summary Current General info on Prope rty ID 07-31-22-42-0019 Situs Address UNASSIGNED SITUS , LINO LAKES, MN 00000-0000 Property Description Lest Sale Price Last Sale Date THAT PRT OF OUTLOT A LINO AIR PARK NORTH LYG IN NW1/4 OF SE1/4 SEC 07-31-22; SUB] TO EASE OF REC Last Sale Document Type Linked Property Group Position Status Active Abstract/Torrens Abs Property Values Tax Year Desciptton Amount 2012 EstMerketLand MK Est Market (MKTTL) 00 100 2012 2011 Est Market (MICTTL) 100 2011 Taxable Market (TMTV) 100 • Tax Amounts for MiPla Tax Year Description Amount 2011. Total Tax Amounts - Before Payments 1.48 2011 Special Assessments (Included In Total) 0,00 Payment History for Past Three Year Date Paid Tax Y ear Principal Interests, Penalties and Costs Amount Paid 06/08/2010 2010 1,32 0.10 1.42 06/24/2009 2009 1,26 0.10 1.36 05/15/2008 2008 1.27 0.00 1.27 Inatallmants Payable Tax Year 1ntaIIment Due Date Principal Interest, Penalties and Costs Installment Total CumutatIvl Ouc Select to Pay 2011 1 05/15/2011 1.48 0.00 1.48 1.48 g • • AIR PARK NORTH LAKES CENTER SECTION 6EC, T -31-22 AHOKA, COUNTyMN. .0 .1 4 4 N. LINE RD. RAY 2.00FEET S. Of N• LINE t"11 /2 SE I/4 • NST °32'. WE N. LINE N I/2 BE V4 DETAIL $ -- 21232.99 -- 7.73 T W OETso. f I E !7 bs4 .10 a c4144-. OLSrL0T A . ETRE T E 114 CORNER 133)33 66.C. Z -31-22 II JJJ CAST t oat 3668.15 --- 130.1 35 172.29 IE .29 W2 SN g N b t� g 14 1QZ9 3892.38- -- 8229 1 17223 a 11 B sal° 30 39" W 1�3.bZ IS$67 1°0337 1560 8 192,357 12544 • • DETAIL g i NI 1 i. WI 1-2. c 5-.1\17 ER ." c.. i t O 11 ' 1--' SEC R . -1,T.3t ,.zZ, v RORZN LIi" ,1\kfa,SEiti,5G.C.-7,`t',31,R.2Z W %., '4z_9 __ _ --a t 0 -.0_ 0 ,, OUTLOT A 0 (\i -- 01- , „, . .„---L-co ur.-- — ,-, °`.--- 125TH AVENU 1.E: oRX ti e t VAR. :2A 1g] C•1 M IL IJI�IM NC iIF t�:E E� �M. L41 LINO AIR PARK NORTH OUTLOT I - --, STREET 4I4 C *61 Cl1 k PALOMINO [321 124],) A LANE A D ] Cast rA � e