02-007 RES RESOLUTION NO. 0 2- 0 7
CITY OF ELK RIVER
COUNTY OF SHERBURNE
STATE OF MINNESOTA
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ELK RIVER
AUTHORIZING EMINENT DOMAIN AND ACQUISITION OF REAL PROPERTY IN
ACCORDANCE WITH MINN. STAT. § 117.042
RECITALS
WHEREAS, the City of Elk River is a statutory city organized and existing under the
laws of the State of Minnesota with all powers, rights and authority of a statutory city and is a
public body corporate and politic;
WHEREAS, the City of Elk River has the authority to acquire real property by
condemnation in accordance with Minnesota Law including Minn. Stat. § 412.211, Minn. Stat.
§§ 465.01 and 465.16, and Minn. Stat. § 469.126;
WHEREAS, the City of Elk River, by previous action, has designated Municipal
Development District No. 1 ("Development District") which Development District is
coterminous with the city limits of the City of Elk River;
WHEREAS, the City of Elk River has adopted a development program for the
Development District ("Development Program");
WHEREAS, in accordance with the Development Program, the City of Elk River has
deemed it advisable to encourage development within the Development District in an effort to
increase the tax base of the City of Elk River, provide for employment opportunities within the
City of Elk River and otherwise benefit the health, safety, morals and welfare of the residents of
the City of Elk River in accordance with the public purpose provisions of applicable state and
local laws;
WHEREAS, the City of Elk River adopted the Elk River 1995 Comprehensive Plan
("Comprehensive Plan") on December 18, 1995;
WHEREAS, the 1995 Comprehensive Plan identifies the area within the corporate limits
of the City of Elk River which is planned to have city water and sanitary sewer service available;
WHEREAS, the City of Elk River completed the East Elk River Urban Services Area
Planning Study ("Planning Study") in May, 1997;
WHEREAS, the 1997 Planning Study identifies the transportation and utility corridors in
the East Elk River Urban Services Area;
WHEREAS, the reconstruction of 175th Street from Tyler Street to Fillmore Street is
scheduled for completion during the summer of 2002;
WHEREAS, City staff has been engaged in ongoing efforts to acquire the necessary
right of way for the reconstruction of 175th Street, but has been unable to acquire all right of way
necessary for the project;
WHEREAS, the City of Elk River deems it necessary and convenient to acquire the
necessary right of way in order to complete the reconstruction of 175th Street and to further the
objectives of the Development Program, the 1995 Comprehensive Plan and the 1997 Planning
Study by developing and establishing public roads and providing for certain utilities including
water, sanitary sewer, storm sewer, and electricity in the East Elk River Area;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk
River:
1. In order to carry out the purposes and objectives of the Development Program, the
1995 Comprehensive Plan and the 1997 Planning Study, to provide for continued development
within the Development District, and to complete the reconstruction of 175th Street from Tyler
Street to Fillmore Street, it is necessary to acquire fee title to certain real property from the
property owners identified in Exhibit A attached hereto ("Real Property").
2. The acquisition of the Real Property by the exercise of the power of eminent
domain in the manner provided for by Minnesota Statutes Chapter 117 serves a public purpose
and is deemed to be necessary to further the objectives of the Development Program, the 1995
comprehensive Plan and the 1997 Planning Study.
3. The City of Elk River deems it necessary for the purposes of completing the
reconstruction of 175th Street and encouraging development in the Development District,
increasing the tax base therein, and generally providing for the health, safety, morals and welfare
of its citizens to acquire said Real Property.
4. Because the reconstruction of 175th Street is to begin in early 2002, prior to the
time by which court-appointed commissioners could reasonably be expected to render their
award for the taking of the Real Property, the City of Elk River deems it necessary to proceed
without delay under Minn. Stat. § 117.042 to pay to the owners or into court a sum of money to
secure compensation to the owners of the real property, which amount shall be equal to the city's
approved appraisal value as determined by City staff and as identified on Exhibit A attached
hereto.
5. The City of Elk River staff is hereby authorized and directed to execute all
documents and contracts necessary to acquire the Real Property from the owners identified in
Exhibit A, which actions include the specific authorization to: (a) obtain appraisals or minimum
damage assessments of the real property interests to be acquired; (b) make written offers to
affected property owners and negotiate such offers to a successful conclusion; (c) acquire the real
property interests needed at the appraised value plus additional damages, if any, as approved by
3
the City Administrator; and (d) in circumstances where negotiation proves to be unsuccessful or
has already proven to be unsuccessful, condemn the real property interests needed under the
procedures provided for in applicable Minnesota Statutes, and in compliance with all
requirements of said statutes, using the quick take procedure set forth in Minn. Stat. § 117.042.
6. City of Elk River staff is further authorized and directed to take all action
necessary to implement this authorization including obtaining appraisals or minimum damage
assessments of all property interests to be acquired and retaining legal counsel to assist in
commencing condemnation. Any actions previously taken by staff in this regard are hereby
ratified and affirmed.
The motion for adoption of the foregoing resolution was introduced by Councilmember
Dietz and duly seconded by Councilmember Tveite , and
upon a vote being taken thereon, the following voted in favor thereof:
Mayor Klinzing, Councilmernber Dietz, Councilmember Txreite,
Councilmember Kuester, Councilrnernber Motin
and the following voted against the same: None
Dated: January 28, 2002
ATTEST:
~City Cle~rk~
GP:861971 v2
EXHIBIT A
CITY OF ELK RIVER
RECONSTRUCTION OF 175m STREET LAND ACQUISITIONS
APPROVED
PROPERTY OWNER APPRAISAL VALUE
Holen 2,875
Chuba/Van Patten 2,725
Brinza 575
Monte 1,475
Osmand 3,100
Meisenbach 1,525
Robinson 3,775
Graham 1,375
Ganyo 1,175
Schneider 5,450
Collins 1,450
Myhre 1,375