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4.4. SR 07-21-2014 City of Elk - Request for Action River O. To Item Number Mayor and City Council 4.4 Agenda Section Meeting Date Prepared by Consent July 21, 2014 Tina Allard, City Clerk Item Description Reviewed by Resolution Regarding Classification of Certain Tax Cal Portner, City Administrator Forfeited Land Within Elk River and Specifying the Reviewed by Parcel be Sold Action Requested Adopt,by motion,a resolution regarding the classification of certain tax forfeited land within Elk River and specifying the parcel be sold at private auction. Background/Discussion The city was notified by Sherburne County that certain property in Elk River has been classified as forfeited to the State of Minnesota for unpaid taxes.These properties have,in accordance with Minnesota Statute 282.135, been classified by the county as either conservation or non-conservation lands. It is the obligation of the city to review the classification and take action to concur or change the classification placed on these parcels. In addition,the city also has to: 1. Approve the parcels for public auction; 2. Approve for private auction to adjacent owner's; 3. Request public use conveyance; or 4. Request a non-public sale to the city. The city has 60 days from the date of the letter from Sherburne County to respond. The deadline for responding to the county is Monday,August 18, 2014. This parcel is the common area of the Trott Brook Crossing Townhomes. Staff has reviewed the parcel and concurs with the non-conservation land classification designated by the county. Staff is not recommending any parcels be taken for public use or public purpose and recommends the parcel be offered for private auction to adjacent property owners. Financial Impact None Attachments • Resolution Regarding Classification and Sale of Certain Tax Forfeited Property • Certificate of County Board of Classifications of Forfeited Lands as Described by Chapter 386, Laws 1935 as Amended • General Information about Tax Forfeiture Property P a w E R E U 6 Y Template Updated 4/14 INIM UREI City of Elk River Resolution 14- A Resolution of the City of Elk River Regarding the Classification of Certain Tax Forfeited Land Located within the City of Elk River and Specifying the Parcel be Sold WHEREAS, the City Council of the City of Elk River has been notified by Sherburne County that certain parcels of land have become the property of the State of Minnesota under the provision of law declaring the forfeiture of lands to the State for nonpayment of taxes; WHEREAS, State policy is to promote the "best use" of tax forfeited lands,recognizing that some lands in public ownership should be retained for the benefit of the public while other lands should be returned to private ownership; WHEREAS, it has been determined by the City Council that there are no existing or pending special assessments on said parcels; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River,Minnesota, that parcel 75-727-0166,Trott Brook Crossing, Lot 33 Block 1 is designated as non-conservation land, and released for private sale. Passed and adopted this 21" day of July 2014. John J. Dietz,Mayor ATTEST: Tina Allard, City Clerk POW € R10 AY NATUREI CERTIFICATE OF COUNTY BOARD OF CLASSIFICATION OF FORFEITED LANDS AS DESCRIBED BY CHAPTER 386, LAWS 19-15 AS AMENDED. To the city of Elk River of Sherburne County We,the members of the County Board of the County of Sherburne, Minnesota, do hereby certify that the parcels of land hereinafter listed are all of the lands which have been classified by us as non-conservation lands, from the list of lands forfeited to the State of Minnesota for non-payment of taxes as provided by Minnesota Statutes 1945, Section 282.01 as amended. 75-727-4166 Trott Brook Crossing Lot '3 Block 1 HADataTorfeited Land\Certificate of County Board In witness whereof we have hereunto subscribed our names this_ e'l vil _day of lY}G f Cl�, , 2014. ��. .*Chairman s ' c , Attest: JA AuditorlTreasurer, Sherburne, Minnesota The foregoing classification and sale is hereby approved. Dated . 2014. By the Town/City Board of of Sherburne County, Minnesota. Sherburne County, MN be con­' Date Created:6118/2014 { -Over Aew in f W 1 75-727-0102 1-78TH CSR *75-710-8000 2 � r., , qj 75=727-01 Cl4. Legend �� ! '• '„ „_.._ � I ❑ Townships 75-727'0106 Roads 1 Plats INQUSfRIAL CIR .a_. Parcels 75-659-0125-x" 6 A --- �: 75-727-0166 1 . � I 75-757-0105 X75=0023101 , L226 ft Parcel ID 75-727-D166 Alternate ID n/a Owner Address n/a Sec/Twp/Rng 2-32-26 Class 670-Tax Forfeited-Real Estate/PILT or 5ev Min Property Address Acreage 4,39 District ELK RIVER CITY Brief Tax Description n/a (Note: Not to be used on legal documents) Last Data Upload: 6/18/2014 6:27:09 AM Disclaimer:Every attempt has been made to ensure that the information contained on this web site is valid at the time of publication.Sherburne County reserves the right to make additions,changes,or corrections at any time and without notice.Additionally,Sherburne County disclaims any and dw-TI t"a 6Y all liability for damages incurred directly or indirectly as a result of errors,omissions or discrepancies and is not responsible for misuse or Tie Schneider CorpoirwAzln misinterpretation,pats is updated periodically.For the most current information contact the appropriate county department, ,. y§tiy.,r,+-tCrG:f�GCftd: General Information Regarding Tax Forfeiture Process The tax forfeiture process occurs as the result of uncollected property taxes. After due process and notice,the title to the land and buildings is held by the State in trust for the local taxing districts. The County acts as the agent for the State and their main responsibility is to manage and maintain the inventory of properties by"encouraging the best use of the lands,recognizing that some lands in public ownership should be retained and managed for public benefits,while other lands should be returned to private ownership."The end goal is to return the parcels of tax-forfeited land to the property tax roles as productive taxable property or put them to a public use or public purpose. The county notifies the city of tax forfeited properties and the city needs to act,via resolution, on the classification of whether to approve or deny the property being sold within 60 days. The city has the option to keep conservation property (farm-land) that may be purchased at less than market value as negotiated between the county and the city as follows: 1. creation or preservation of wetlands; 2. drainage or storage of storm water under a storm water management plan; 3. preservation, or restoration and preservation, of the land in its natural state. Conservation land would be put under a restrictive covenant and released from these use restrictions 30 years from the date the deed was acknowledged. The city has the option to keep non-conservation property (non-farmland) as follows: 1. Public Purpose: The city would have to pay the appraised market value of public purpose land as determined by the county auditor (and does not require a formal appraisal) and would receive full, clear fide to the land. ■ In 2010 there were legislative changes that allowed new methods of acquisifion for correcting blight and developing affordable housing at a price that may be less than market value as negotiated between the county and the city. 2. Public Use: Receive the land for free for certain specified uses with an agreement that the lands may only be used for a specified public use for a certain amount of time. These uses are: • a road, or right-of-way for a road; • a park that is both available to, and accessible by,the public that contains amenities such as campgrounds,playgrounds,athletic fields, trails, or shelters; • trails for walking, bicycling, snowmobiling, or other recreational purposes, along with a reasonable amount of surrounding land maintained in its natural state; • transit facilities for buses,light rail transit, commuter rail or passenger rail,including transit ways,park-and-ride lots, transit stations,maintenance and garage facilities, and other facilities related to a public transit system; • public beaches or boat launches; • public parking; • civic recreation or conference facilities; • public service facilities such as fire halls,police stations,lift stations,water towers, sanitation facilities,water treatment facilities, and administrative offices; • outlots that developers promised but failed to convey to the city under a developer's agreement (via a quit claim deed);and • parcels that associations of common interest communities were entitled to per written agreement but that forfeited without conveyance. For acquisition for a public use,the city would receive a use deed that specifies the uses for which the city may use the land. If the city does not put the land to the specified use within 3 years,it will automatically revert back to the state. If the city wishes to change the use at a later date,a public hearing and approval is required from the Commissioner of Revenue and the County Board. One exception to note is that the city could acquire property for a park or trail but not necessarily have the trail in place within the 3 years as long as the trail is in an adopted plan such as the city's Comprehensive Parks Plan. The County Board must approve,via resolution, each request by the city to acquire tax-forfeited land free of charge.