4.9. SR 05-19-2014 City of
Elk - Request for Action
River O.
To Item Number
Mayor and City Council 4.9
Agenda Section Meeting Date Prepared by
Consent May 19, 2014 Justin Femrite, P.E., City Engineer
Item Description Reviewed by
Land Acquisition for Waste Water Treatment Cal Portner, City Administrator
Facility Expansion Reviewed by
Action Requested
Adopt,by motion,a resolution approving acquisition of property for the completion of the Wastewater
Treatment Facility (WWTF) expansion.
Background/Discussion
The action formally authorizes the Mayor and City Clerk to execute all documents,and take all appropriate
measures,to acquire the agreed upon property from Great River Energy as identified in the resolution.
Financial Impact
The city will bear the costs of preparing and recording the Warranty Deed and related conveyance
documents and all title insurance costs,including all title company closing costs. These costs are intended to
be included in the overall WWTF expansion budget.
Attachments
■ Resolution
P a w E A E U s r
NaA f RE]
City of
Elk
River
Resolution 14-
A Resolution of the City of Elk River Approving Acquisition of Real Property
and Dispensing with Statutory Requirements for Review by Planning
Commission of Acquisition
WHEREAS, the City of Elk River's Wastewater Treatment Facility ("WWTF") is located
adjacent to Great River Energy's ("GRE's") Elk River Power Station;and
WHEREAS, the City has been planning for expansion of the WWTF for approximately
ten (10) years;and
WHEREAS, the City and GRE entered into an Agreement dated February 20, 2007
("Agreement"),whereby GRE agreed to convey to the City for the purposes of expansion of
the WWTF, the 1.4-acre parcel of property described on the attached Exhibit "A" (the
"Property");and
WHEREAS, the City and GRE have agreed that the Property will be conveyed by GRE to
the City by warranty deed in satisfaction of paragraph 6 of the Agreement; and
WHEREAS, the parties have agreed that the costs associated with the transaction will be
paid as follows:
1. The City will bear the costs of preparing and recording the Warranty Deed and related
conveyance documents;and
2. The City will bear all title insurance costs,including all title company closing costs; and
3. The parties will each bear their own internal costs for review, approval, negotiation and
execution of the documents effecting the conveyance; and
WHEREAS,Minn. Stat. § 462.356, subd. 2 requires that the Planning Commission review
the City's proposed acquisitions and dispositions of property; and
WHEREAS,Minn. Stat. § 462.356, subd. 2 provides for an exception from the Planning
Commission review requirement upon 2/3 vote of the City Council dispensing with the
requirement and finding that the acquisition of the property has no relationship to the
comprehensive municipal plan.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk
River,Minnesota, as follows:
P O w E R E U 9 1
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1. The City Council finds that the acquisition of the Property,pursuant to the Agreement,
has no relationship to the comprehensive municipal plan.
2. Review by the Planning Commission of the acquisition of the Property is hereby
dispensed with.
3. The acquisition as described in this Resolution is hereby approved and the Mayor and
City Clerk are authorized and directed to execute all documents, and take all appropriate
measures, to acquire the Property under the terms of the Agreement and as further
identified in this Resolution.
Passed and adopted this 19ffi day of May 2014.
John J. Dietz,Mayor
ATTEST:
Tina Allard, City Clerk
POWERED 0Y
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