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10-06-21-Planning Commission
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10-06-21-Planning Commission
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Page 2 of 3 <br /> <br /> <br />General Procedures <br />City Ordinance Chapter 2, Section 220.03 Subd.2.B for Planning Commission Powers and <br />Duties states the following: <br />B. The Planning Commission shall review the proposed acquisitions and disposal of real <br />property and proposed public improvements to real property and shall advise the City <br />Council in writing whether such acquisitions, disposals, or improvements are in compliance <br />with the City's Comprehensive Municipal Plan. Failure of the Planning Commission to <br />report on the proposal within forty-five (45) days after referral by the City Council or within <br />such other reasonable period as may be designated by the City Council shall be deemed to <br />have satisfied this review requirement. The City Council may, by resolution adopted by an <br />affirmative vote of four (4) Council Members, dispense with this review requirement if in its <br />judgment the City Council determines that such proposal has no relationship to the City's <br />Comprehensive Municipal Plan. <br />The review of the Planning Commission is further instructed in State Statute 462.356, Subd. 2 <br />Procedure to Effect Plan: Generally which requires that, before a City acquire or dispose of any <br />interest in property that the Planning Commission review the proposed transaction for <br />consistency with the comprehensive plan. Below is the language in its entirety from this <br />subdivision: <br />Subd. 2. Compliance with plan. <br /> After a comprehensive municipal plan or section thereof has been recommended by the <br />planning agency and a copy filed with the governing body, no publicly owned interest in <br />real property within the municipality shall be acquired or disposed of, nor shall any capital <br />improvement be authorized by the municipality or special district or agency thereof or any <br />other political subdivision having jurisdiction within the municipality until after the <br />planning agency has reviewed the proposed acquisition, disposal, or capital improvement <br />and reported in writing to the governing body or other special district or agency or political <br />subdivision concerned, its findings as to compliance of the proposed acquisition, disposal <br />or improvement with the comprehensive municipal plan. Failure of the planning agency to <br />report on the proposal within 45 days after such a reference, or such other period as may <br />be designated by the governing body shall be deemed to have satisfied the requirements of <br />this subdivision. The governing body may, by resolution adopted by two-thirds vote <br />dispense with the requirements of this subdivision when in its judgment it finds that the <br />proposed acquisition or disposal of real property or capital improvement has no <br />relationship to the comprehensive municipal plan. <br />The City Attorney has advised that a public hearing is not required for the disposal of city <br />property. Notification was prepared in accordance with City policy and neighboring property <br />owners were notified. <br />Findings of Fact <br /> <br />The Planning Commission must make a finding as to whether or not the proposed disposal of <br />real property is in compliance with the City’s Comprehensive Plan based on the aforementioned <br />factors. Staff offers the following findings for consideration: <br /> <br />
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