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HomeMy WebLinkAbout2009-013 Council OrdinancesReading: November 9, 2009 2nd Reading: November 23, 2009 Council Member Reinert Publication: December 1 , 2009 Effective: December 31, 2009 moved for adoption of the following ordinance: CITY OF LINO LAKES ORDINANCE NO. 13-09 APPROVING THE SALE OF OUTLOT B, HIGHLAND MEADOWS WEST 3RD ADDITION SECTION 1: FINDINGS The City Council makes the following findings: 1. In 2002, Outlot B of Highland Meadows West - 3rd Addition (PIN 08-31-22-13- 0139) was quit claim deeded by TSM Development, Inc. to the City with no restrictions. 2. Mr. and Mrs. Judd (670 Arlo Lane) are interested in acquiring Outlot B, Highland Meadows West 3rd Addition to provide the necessary setback for an addition to their garage. 3. Selling Outlot B will have no effect on the functionality of Highland Meadows Park. 4. The City Charter language regarding sale of property is as follows: Section 12.05. Sales of Real Property. No real property of the City shall be disposed of except by ordinance. The proceeds of any sale of such property shall be used as far as possible to retire any outstanding indebtedness incurred by the City in the purchase, construction or improvement of this or other property used for the same public purpose. If there is no such outstanding indebtedness, the Council may by resolution designate some other public use for the proceeds. SECTION 2 The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: 1. The City Council has approved the sale of Outlot B, Highland Meadows West 3rd Addition for $4,000 with the following conditions of approval: • The property that is sold be combined with the existing Judd parcel. • The City retains a drainage and utility easement covering the western 5 feet of the newly combined property. 2. All related expenses will be the responsibility of the City. John„Y Ber sod(, Mayor ATTEST: n e Bartell, City Jerk Adopted by the Lino Lakes City Council this 23rd day of November, 2009. The motion for the adoption of the foregoing ordinance was duly seconded by Council Member Roeser and upon vote being taken thereon, the following voted in favor thereof: Reinert, Roeser, O'Donnell, Gallup, Bergeson The following voted against same: none Whereupon said ordinance was declared duly passed and adopted. AGENDA ITEM NO. 5A STAFF ORIGINATOR: Rick DeGardner, Public Services Director COUNCIL MEETING DATE: November 23, 2009 TOPIC: Consider Second Reading of Ordinance No. 13-09, Sale of Outlot B, Highland Meadows West 3rd Addition VOTE REQUIRED: 4/5ths Majority BACKGROUND: The first reading of Ordinance No. 13-09 was approved at the November 9th City Council meeting. Mr. and Mrs. Judd, 670 Arlo Lane, are interested in acquiring Outlot B, Highland Meadows West 3rd Addition to provide the required setback for an addition to their garage. Outlot B is approximately 20' X 148' and is adjacent to Highland Meadows Park. Attachment A shows the existing layout of Highland Meadows Park. The original 4.6 acres of land was dedicated to the city to fulfill park dedication requirements for the Highland Meadows West development (cash was also received). Outlot B (.07 acres) of Highland Meadows West 3rd Addition was retained by the developer with the intent of selling the strip of land to the Judd's to create a buffer between their home and the parkland. Final terms between the developer and the Judd's didn't come to an agreeable conclusion so in 2002, the developer deeded Outlot B to the City with no restrictions. When contemplating the sale of city owned property, it's important to be mindful of the inherent value of public land. Even if a small segment of public property is going to be sold, the City needs to demonstrate a clear and substantive benefit to the general public. Any financial gain should provide for some significant enhancements (landscaping, benches, etc) to Highland Meadows Park. Administrative fees are estimated to be approximately $1,000. City Charter language regarding sale of property is as follows: Section 12.05. Sales of Real Property. No real property of the City shall be disposed of except by ordinance. The proceeds of any sale of such property shall be used as far as possible to retire any outstanding indebtedness incurred by the City in the purchase, construction or improvement of this or other property used for the same public purpose. If there is no such outstanding indebtedness, the Council may by resolution designate some other public use for the proceeds. Staff is typically guarded recommending the sale of parkland. However, in this particular situation, Outlot B was not part of the City's plan for this neighborhood park. Rather, it was a result of the developer deeding Outlot B to the City after the original intent (selling it to the adjacent property owner) didn't materialize. Selling Outlot B will have no effect on the functionality of this park. Outlot B currently consists of non - maintained prairie grass with its western boundary 70+ feet from the paved trail. Attachment B shows the master plan of Highland Meadows Park. Staff recommends the following conditions of approval: 1. Outlot B be combined with the existing Judd parcel. This will require the Judd's submitting a lot combination form to Anoka County. 2. The City retains a drainage and utility easement covering the western 5 feet of the newly combined property. This is required by ordinance for a minor subdivision and is standard procedure. OPTIONS: 1. Approve Second Reading of Ordinance No. 13-09. 2. Do not approve Second Reading of Ordinance No. 13-09. 3. Return to staff for further review. RECOMMENDATION: Option 1