08-26-2019 Council Work Session Packet

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Policy guiding the Sale or Vacation of City Property Adopted by resolution Date Purpose and Need. The purpose of this policy is to provide fair and uniform treatment of all requests for private acquisition of public land. Policy. The City acknowledges that it only desires to own land or easements which serve a present or future public purpose and meet the goals of the Comprehensive Plan, including transportation and environmental protection. III. Review Criteria. Where City owned or City controlled property is to be disposed of, the Council may consider the following criteria. a. If the City owns the property (parcels): i. There is no existing or future public need for the land. ii. The land must not have been acquired by the City through tax delinquency forfeiture or dedication. iii. The Land must not be identified in the Comprehensive Plan as Park, Recreation, or Open Space. iv. The parcel requested to be sold or vacated must be under the jurisdiction of the City. v. The parcel must meet all of the size requirements of the Zoning Ordinance for a buildable parcel, except that an unbuildable parcel may be sold to an abutting property owner with the condition that the parcels be combined within 60 days. b. If the city controls the property (Easements, including Right of Way): i. There is no existing or future public need or use for the easement. ii. The easement must not have been acquired by the City through tax delinquency forfeiture or dedication. iii. The easement must not be identified in the Comprehensive Plan as Park, Recreation, or Open Space. iv. The easement requested to be vacated must be under the jurisdiction of the City. v. The easement must meet all of the size requirements of the Zoning Ordinance for a buildable parcel, except that an unbuildable easement may be vacated to an abutting property owner with the condition that the parcels are combined within 60 days. c. Lake Accesses. In addition to III b. above, the City Council may consider the following when responding to lake access vacation requests. i. The topography of the access, improvements within the access, and the proximity of other lake accesses providing similar or improved public need. IV. Procedure. a. Vacations of easements shall be as prescribed in section 78-9 of the City Code. b. Sale of property requests must include a written narrative justifying need, sketch of the proposed development, if applicable, and legal descriptions of the subject property. c. The City Council will review the request at a regular scheduled City Council meeting. d. If a majority of Council members approve, a resolution vacating or selling the legally described property must be adopted.