Agenda - Council - 09/07/2010 - Special

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CASE # ~ CONSIDER ADOPTION OF SALE ORDINANCE FOR CITY OWNED PROPERTY By: William K. Goodrich, City Attorney Background: As the City Council is aware, the then City Council in February, 2006 approved a purchase agreement with Rivers Bend Holdings, LLC for the sale of certain real property in Government Lots 3 and 6, Section 36, Township 32, Range 25. A copy of the referenced purchase agreement is attached for your review. A review of Council minutes reveals that the mandatory sale ordinance for the pazcel has never been adopted by the City Council. Therefore, that sale ordinance is now being presented to the City Council for introduction and then adoption at a subsequent meeting. For your information, if the sale ordinance is adopted, it does not become effective for 30 days after publication during which time, as with any City ordinance, citizens may petition to have a referendum on whether or not the ordinance is to take effect. At the August 24, 2010 City Council meeting, the proposed sale ordinance received a split 3-3 vote. Staff is bringing the ordinance back in hopes for an actual motion either in support or denial. Should the ordinance pass, Staff will proceed forwazd with the application for Site Plan Review and Minor Plat. Should the ordinance not pass, Staff will withdraw the application for both, as the City is the current property owner of the Subject Property. Enclosure: Proposed Sale ordinance February, 2006 Purchase Agreement Map showing Subject Property Recommendation: Pursuant to City Council discussion. Funding Source: N/A Council Action: Motion to introduce/not introduce Ordinance 10-XXX which is an ordinance authorizing the sale of the property legally described as (see attached Exhibit A) and which real property is being platted as Outlot B, River's Bend 5~' Addition, Anoka County, Minnesota and direct Staff to either proceed forward of withdraw the current land use applications. Review Checklist: City Administrator CC: 9/7/2010