Resolution 6650A - Laserfiche WebLink

Home Browse Search

review, contemplated the subdivision of the Property. This review, and the public hearings, satisfy the underlying goals of the regulations. (See City Code Section 1201.01, subd. 2). The subdivision of the Pro ert was also contem lated b the s ecial le islation p Y p Y p g regarding the Property adopted in 2005. Minnesota Session Laws 2005, Chapter 152, section 26 establishes a tax increment district that, by the express language in the legislation, necessitates this subdivision. The special legislation also authorizes the conveyance of the State's interest to the City in preparation for the sale of the Property to Medtronic. See Minnesota Session Laws 2005, Chapter 152, section 27. The deed, authorized by the statute and issued by the state (see the deed from the State set forth within this Staff Report), contemplates the subdivision of the Property because it releases the right of reverter only on that part of the Property that {ies north of State Highway No. 10. The proposed subdivision of the Property is consistent with the goals of the City's subdivision regulations. The City Code indicates that the regulations are not intended to "repeal, abrogate, annul or in any way impair or interfere with: a) existing provisions of other laws or ordinance". Since the State law authorizing the creation of the TIF district and the removal of the reverter contemplated the subdivision, approval of the subdivision is in order to comply with the statutory requirements. The approval is consistent with the exceptions set forth in Minnesota Statutes Section 462.358, subd. 4b(b) and (c). In addition, the Property is part of a proposed plat and planned unit development that is presently subject to the City's development review process. Recommendation: Based on the above-referenced discussion and on the following findings, it is recommended that the Council approve Resolution No. 6650 approving the subdivision of the Property: Findings: 1. The Property has historically been treated as though it was two separate parcels as it is severed and divided by State Highway No. 10; 2. The subdivision is consistent with the actions contemplated in 2005 Minnesota Session Laws Chapter 152; 3. The Planning Commission reviewed the proposed subdivision on July 20, 2005, when the Planning Commission reviewed the proposed sale of Property to Medtronic, which sale includes only a portion of the existing tax parcel; 4. The City Council held public hearings which necessarily contemplated the subdivision on May 23, 2005 (comprehensive plan amendment); July 11, 2005 (sale of land); and August 22, 2005 (establishment of TIF district); SJR-269118v1 MU205-30 D-3