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.
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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
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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
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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
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