105.02 PROCEDURE FOR ACQUISITION AND USE OF REAL ESTATE.

   When real estate is either to be purchased by the city or the city is to be the beneficiary of donated land, the proposed use or uses of said real estate shall be clearly stated in the legislation authorizing either the purchase of land or the acceptance of donated land. Once an "option to purchase" land has been obtained, or an offer of a donation of land to the City has been received, the city shall conduct an evaluation of the property to ascertain the desirability of the city acquiring such land. Exercise of the "option to purchase" or to accept donated land, shall be based upon the "Criteria for Evaluating Property" set forth in subsection (a) hereof. Furthermore, in evaluating the potential purchase or acceptance of real estate, the city shall consider the proposed use or uses of the land relative to its consistency with the goals and objectives of the city's Master Plan and the Parks and Recreation Master Plan. Each ordinance which authorizes the purchase and/or acceptance of real estate under this section shall contain a separate evaluation of the property being acquired by the City.

   (a)    Criteria for Evaluating Property. The following are criteria by which such properties are to be evaluated. Additional criteria may be utilized depending upon the characteristics of a particular property:

         A.   Size of parcel.

         B.   Zoning on and adjacent to the parcel(s).

         C.   potential use (consistent with zoning classification).

         D.   Short term changes / immediate needs.

         E.   Long term obligations as a result of ownership.

         F.   Presence or absence of structures on the property; if present, how they are to be used.

         G.   Should buildings/structures be demolished?

         H.   What are impacts of contemplated use on surrounding properties?

         I.   Immediate needs for improvements.

         J.   Annual cost(s) of ownership and maintenance.

         K.   Required improvements (such as lawn care, snow removal, ADA, etc.)

         L.   Any unique environmental features which require permanent protection.

         M.   Any other criteria necessary to suitably evaluate the property.

The Departments of Planning and Zoning and Parks and Recreation shall have joint responsibility for completing property evaluations under this section. In addition the departments, when appropriate, may consult with other city departments as well as outside agencies or organizations to facilitate the completion of these evaluations.

   (b)   Property Plans.  

      (1)   Upon completion of the required evaluation in Section 105.02(a) hereof and following the exercise of the option to purchase, an individual property plan shall be completed for the parcel(s). Such plan shall be drawn to indicate any areas of the property subject to conservation easements, activity areas, structures (existing and proposed), parking areas, trails, bike paths and any other information which clearly identifies all aspects of the parcel with its use (or uses).

      (2)   The Departments of Planning and Zoning and Parks and Recreation shall oversee the completion of all property plans, and to that end may retain the services of outside consultants to accomplish this work. In the formulation of individual property plans, any existing or proposed plans from other potentially affected city departments shall be considered, and where appropriate, incorporated.

      (3)   Where conservation easements are proposed on all or portions of a given property, the boundaries of such easement shall be surveyed and identified in the field with boundary markers delineating the protected area. The conservation easement shall be held by a qualified independent conservator selected by the Planning Commission.

      (4)   Property plans developed under this section shall be completed according to the following categories of intended use:

         A.   Open Space/Passive Recreation. Such properties or portions thereof, shall be protected by conservation easements and are intended for such low impact activities as hiking and nature study, and limited agricultural activities, such as orchards and community gardens and other comparable uses, as determined by the Planning Commission. Properties or portions thereof protected by conservation easements shall not be utilized, for any agricultural activities unless so specified in the easement.

         B.   Active Recreation. Such uses may include ballfields, playgrounds and other amenities customarily found in a city park.

         C.   Other Municipal Use. Such uses are intended to provide land for municipal wastewater treatment facilities, equipment and material storage, various utility installations, police facilities, fire facilities, administrative office use and other uses deemed a comparable or similar municipal use, as determined by the Planning Commission with the approval of City Council.

         D.   All properties currently owned by the city will be classified according to the above classification system, but subject to applicable deed restrictions, if any.

   (c)   Required Approvals.

      (1)   The plan(s) for the use or uses which the city proposes to apply on the subject parcel(s) shall be reviewed and approved by the Planning Commission, the Parks and Recreation Board and City Council. In the event the city decides to divest itself of any property or portions thereof, which property is considered to possess unique and/or high quality environmental features, such as wetlands, as determined by the Department of Planning and Zoning, City Council shall submit the matter to the electorate for approval of this change following approval by the Planning Commission and the Parks and Recreation Board.

      (2)   Should the Planning Commission and the Parks and Recreation Board fail to reach consensus on any property use, plan or evaluation, then the matter shall be submitted to City Council for resolution.

         (Ord. 2003-039. Passed 3-10-03.)