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7.4. SR 12-15-2014 City of Elk Request for Action River To Item Number Mayor and City Council members 7.4 Agenda Section Meeting Date Prepared by Public Hearin December 15, 2014 Jeremy Barnhart,Deputy Director, COD Item Description Reviewed by Official Map,Lot 4,Block 1,Mississippi Ridge Cal Portner, City Administrator Second Addition Reviewed by Action Requested Adopt,by motion,an ordinance relating to official maps and adoption of an official map to facilitate the improvement of a Yale Court/170`'' Street connection in the future. Background/Discussion In response to direction from the FDA, staff has developed an ordinance amendment that would establish an Official Map for a road connection between the southern extension of Yale Court and 170"' Street. While two properties will be impacted with the proposed road alignment, only the vacant parcel is being official mapped. The attached Planning Commission staff report outlines the history associated with Focused Area Study (FAST),its impact on the subject area,background and procedural information on official maps. Planning Commission Comments Planning Commissioners were generally supportive of the official map. One commissioner questioned the curvature of the road. Another commissioner had concerns with this being the first official map and its implications on the eventual acquisition of the property. Public Hearing Comments Steve Rohlf, representing the owner, did not oppose the connection,but felt that the property is so damaged with the road as proposed that it amounted to inverse condemnation. He encouraged the city to purchase the property now, rather than wait on it for multiple years. Financial Impact The acquisition of the property will require compensation at negotiated fair market value. Attachments • Planning Commission packet • Property owner's written comments • Ordinance and Map Graphic P a w E A E U s r Template Updated 4/14 INIM UREI Cit of Request for Action River To Item Number Planning Commission 4.4 Agenda section Meeting Date Prepared by Public Hearing November 25,2014 Jeremy Barnhart, De u 7 Director, COD Item Description Reviewed by Official map,Lot 4,Block 1,Mississippi Ridge Second Addition Reviewed by Action Requested Approve,by motion, the establishment of an official map to facilitate the improvement of an Yale Court 170'' street connection in the future. Background/Discussion The Focused Area Study (FAST) identified strategies to support existing businesses in the face of changes to Highway 10 access in the future. With the construction of Natures Edge Business Center, the extension of Twin Lakes Road, the anticipated loss of modification of existing access and intersections, the employment of these strategies becomes more necessary. One such strategy is the development of a frontage road system, linking a new signalized intersection at about 167`h to the existing signalized intersection at 171". The frontage road system will use part of Yale Court, 170`x', and the existing driveway easement along the front of businesses south of 170th. To complete this connection, one vacant lot will need to be purchased for street construction. This segment will support the connection of two controlled intersections at 171"and 167th. Minn. Stat. § 462.359, copy attached, authorizes cities to adopt "official maps" for future street construction. The purpose of the statute is to allow cities to identify areas for future street construction and to prevent or limit inconsistent development of the property. After the city has adopted a thoroughfare plan, i.e. transportation plan, the city may, by ordinance, adopt an official map of planned street construction. A public hearing before the City Council is required before the adoption. The official map must contain a detailed legal description of the exact corridor. Mapping does not give the city any ownership interest in the property snapped. Once a corridor has been mapped,if someone constructs a building or structure in the mapped area without a building permit the city does not have to compensate the owner for the building when the right-of-way is acquired. If the city denies a building permit or zoning approval because the area is officially mapped, the owner can appeal the decision to the City Council. The Council must grant approval if (1) the entire parcel cannot "yield a reasonable return to the owner" unless the permit is approved, (2) balancing the needs of the city and landowner approval is necessary in consideration of "justice and equity". If the city 1 1 R E I E 1 I r Template Updated 4/14 INATURE] grants approval,the city then has six months to move ahead and acquire the right-of-way by negotiation or condemnation before the permit has to be issued. This gives the city a window of opportunity to act before development takes place. The City has authorized preparation of a feasibility report for a segment of the frontage road along Highway 10, and the extension of Yale Court. Adoption of an official map for the corridor will preserve the area for construction of the roadway. It should be noted that the official map only impacts Lot 4, Block 1, Mississippi Ridge 2"d Addition. The city has not attempted negotiations with the property owner of the adjacent bank property, and there is little danger of additional site improvements negatively impacting the future road; therefore,the official map as written will not apply to that parcel. Financial Impact The City will eventually need to purchase the property at a cost to be determined. Attachments • FAST study transportation plan • Official Map • Surveyors certificate • MN Statutes 462.359 N:\Departments\Community Development\planning\Case Files\OA\OA 14-14 Official Map-Yale Ct\sr Of6cal map 11-25-14,docx Owner Scott Powell's Statement Regarding the Proposed Adoption of an Official Map Identifying Lot 4, Block 1, Mississippi Ridge Second Addition As a Public Street We are here this evening to speak on behalf of Scott Powell, the owner of Lot 4, Block 1, Mississippi Ridge Second Addition ("Lot 4"), with respect to the City's request for an Ordinance Amendment adopting an Official Map showing Lot 4 as a city street, and the City's request that Lot 4 be identified as "'land necessary for future road connections." We are at a Moss to come up with reasons to appose the City's requested action. Our thinking is that if the City is committed and determined to make Lot 4 a city street, as we forecasted would happen when we appeared before you on October 28 of this year, what can the land owner say or do to stop that action? Taking property for a public purpose is constitutionally permitted in Minnesota, provided just compensation is first paid to the property owner. As stated in the Minnesota State Constitution, Article 1, Section 13: "Sec. 13. Private property for public use. Private property shall not be taken, destroyed or damaged for public use without just compensation therefor,first paid or secured.,, To be clear, the City's proposed action of designating Lot 4 as a future public street amounts to a taking of Lot 4. The value of Lot 4 will be "destroyed and damaged" by such action. We refer the City to the attached plat drawing showing the Lot 4 portion of Mississippi Ridge Second Addition. To connect Yale Street Northwest, 60 feet in width,- to 170th Street Northwest, 66 feet in width, will require the City to take at least a 60 foot wide right of way through the middle of Lot 4. Lot 4 is approximately 1.45 acres (63,162 sq. ft.) in size. Assuming that Lot 4 is approximately 300 feet from north to south, and that the City will take a 60 foot right of way, 18,000 sq. ft. will be taken, leaving 45,162 sq. ft., or just a little more than an acre. More importantly, however, will be the effect of that taking on the remainder of Lot 4. Among other damages, (1) uses will be limited by reason of the smaller size of the remainder; (2) development will have to be scaled back, again by reason of the smaller size of the remainder; (3) setbacks will have a more material effect on development; (4) potential parking areas and potential green space will be lost; and,.(5) if the street is constructed in somewhat of a straight line, as one would expect, Lot 4 will be divided into two parcels, neither of which, presumably, would be suitable for development. We could ask the City to be mindful of the points we raised in our presentation to the Planning Commission on October 28, when we expressed our concern that it appeared that the City was in the process of down zoning Lot 4 from commercial to residential, in view of the City's apparent future plan to make Lot 4 a city street, but we are uncertain whether that would have any effect on what the City plans to do. We do want the City to know, however, how much the owner has invested in Lot 4, and how much the owner has expended to hold Lot 4 for future commercial development. The owner's October 28 presentation makes the record clear on those points. In particular, we noted at the time of our earlier presentation the following: "I. The property is ready for commercial development. Lot 4, Block 1 is a 1.45 acre, pad ready, commercial site, with city sewer, water, storm sewer and street. It is ready to be developed as a commercial site. "2. The City has agreed that the site is to be commercial. In both the Planned Unit Development Agreement and in the Developer Agreement made by the City with regard to this property, the City has agreed that the lot is to be commercial. Please refer to those agreements, both dated July 26, 2001, with regard to the obligations placed on both the owner and the City with respect to the use of the subject property. 2 "3. The owner has expended substantial sums in reliance on the agreements with the City. In reliance on the Planned Unit Development Agreement and the Developer Agreement for this property, both of which agreements require a commercial use for the lot in question, the owner spent at least $530,000 fulfilling the requirements for improvements, as set forth in the Developer Agreement. The owner also paid $60,900 in park dedication fees, as well as other city fees and expenses, such as, by example, the cost of the City mandated letter of credit. "4. The owner has been charged, taxed and assessed at the commercial rate since 2001. The owner was charged the park dedication fee at the commercial rate. The owner has paid the commercial rate for the city water and sewer assessments, and the owner has paid real estate taxes at the commercial tax rate since 2001. "S. The City has romoted this lot as a commercial lot. With prompting from the City, the owner vigorously marketed this lot as a potential restaurant site, and even had a former mayor of Elk River meet on site with a restaurant owner." We are not optimistic that noting those points again here will do much good, and believe that there is not much the property owner can do, if the City is set on making Lot 4 an extension of Yale Street Northwest, but the concern we expressed on October 28 has now been realized. We anticipated the City's making Lot-4 a city street, and that is exactly what the City now proposes to do. We have come to the realization that the City is set on making Lot 4 a city street. We are prepared to acknowledge that eventuality and move on. We have concluded, in effect, that the owner's "moving on" is a foregone conclusion, so as we move on let us enter into meaningful discussions with the City, to the end that the City pay Just compensation for Lot 4. If those discussions are not successful, then we have no alternative but to request the City to condemn Lot 4. For the City to do less, for the City to designate this property as a city street, and then do nothing, would amount to the inverse condemnation of Lot 4. 3 The City's Notice of Public Hearing states that designating Lot 4 as a public street will allow the "owners to adjust their building plans equitably and conveniently before investments are made." Well, the "investments" have already been made, and quite some time ago at that. Having entered into agreements with the owner that Lot 4 shall be a commercial lot, the City is now saying Lot 4 will be a public street. In effect, Lot 4 has already been taken by the City, so we request that the reality of the situation be recognized by the adoption of the proposed Ordinance Amendment, and that we proceed to finding away for the City to pay just compensation to the owner for the taking that has already occurred, the taking that will be formally recognized with passage of the requested Ordinance Amendment. We would oppose the adoption of the Ordinance Amendment, if we thought that that would benefit the owner, but no matter what we say or do, it seems clear to us that the street connection is coming. Accordingly, let's That being the case, we are resigned to the adoption of the proposed Ordinance Amendment, and ask that just compensation be paid to the property owner. Thank you for the opportunity to present the property owner's position and his request for just compensation. 4 i to be removed Underlines to be added City of Elk -m"' -� River Ordinance 14 - An Ordinance Adding Chapter 30, Article VIII Land Development Regulations, relating to Official Maps and Adopting an Official Map, of the City of Elk River, Minnesota, City Code The City Council of the City of Elk River does hereby ordain as follows: SECTION 1. That Article VIII be added to Chapter 30, Official Map of the City of Elk River Code of Ordinances shall be amended to read as follows: OFFICIAL MAPS 30-XXX. PURPOSE: Land that is needed for future street purposes and as sites for other necessary public facilities and services is frequently diverted to non-public uses which could have been located on other lands without hardship or inconvenience to the owners. When this happens, public uses of land may be denied or may be obtained only at prohibitive cost or at the expense of dislocating the owners and occupants of the land. Identification on an official map of land needed for future public uses permits both the public and private property owners to adjust their building plans equitably and conveniently before investments are made which will make such adjustments difficult to accomplish. It is the purpose of this ordinance to provide a uniform procedure for the proper use of official maps as authorized by the Minnesota Municipal Planning Act, Minnesota Statutes, Section 462.351 to 462.36. 30-XXX. OFFICIAL MAP DEFINED: "Official map" as used in this ordinance means a map adopted in accordance with this ordinance showing existing streets, proposed future streets, and the area needed for widening or existing streets of the City. An official map may also show the location of existing and future land and facilities within the City. An official map may cover the entire City or any portion of the City. 30-XXX. INITIATION OF PROCEEDINGS: Proceedings for adoption, amendment, or repeal of an official map or any part thereof may be initiated by (1) the City's Planning Department; (2) a recommendation of the Planning Commission;or (3) action by the City Council. 30-XXX. REFERENCE TO PLANNING COMMISSION: Every proposed official map or change in a map shall be referred to the Planning Commission for advice and recommendation thereon, and such recommendation shall be submitted to the City Council within forty-five (45) days after reference to the Planning Commission along with the report of the Commission on the effect of the proposal on the comprehensive plan of the City. If no recommendation is received by the Council from the Planning Commission within forty-five (45) days after reference of the proposal to the Commission by the Council, the Council may take such action as it may deem proper upon the proposal without further action by the Planning Commission. P 9 W I R 1 0 8 v'AUR Last Updated March 2014 ltI to be removed Underlines to be added 30-XXX. NOTICE AND HEARING: (A) Notice. Upon receiving the recommendation of the Planning Commission or after forty-five (45) days from the submission of the proposal to the Planning Commission without a recommendation from the Commission, the Council may call a public hearing on the proposal. A notice of the time, place, and purpose of the hearing and a description of property to be included in the mapped streets and public grounds shall be published in the official newspaper at least ten (10) days prior to the date of the hearing. At least ten (10) days prior to the hearing the Clerk shall also mail a copy of the notice to each owner of land situated within or abutting any street or other public ground shown on the official map. For purposes of this notice the owners shall be determined by the records of the County Auditor and the notice shall be addressed to the last known address as shown by the Auditor's records. Failure to serve any such notice shall not invalidate the proceedings. (B) Hearing. At the time and place specified in the notice, the Council shall hear evidence and arguments concerning the proposal. The hearing may be continued from time to time without further notice. The Council may direct the Planning Commission to conduct a hearing and following the hearing to report its recommendation to the Council. 30-XXX. PREPARATION AND FILING OF MAPS: The official map or maps shall be prepared in sufficient detail to permit the establishment of future acquisition lines on the ground. In unplatted areas a minimum of a centerline survey shall be made prior to the preparation of the final draft of the official map. The accuracy of the future acquisition lines shown on the official map shall be attested to by a licensed land surveyor. After enactment of any ordinance adopting an official map or amending or repealing a previous official map ordinance, a certified copy of the official map or section to which the ordinance relates together with an attached copy of the ordinance shall be filed with the County Recorder. 30-XXX. EFFECT: After an official map has been adopted and filed, the issuance of building permits by the City shall be subject to the provisions of this ordinance. The City shall deny every application for a permit to construct a new building or structure or expand an existing building or structure within any area designated on the official map for street or other public purposes, or within required setback from mapped streets. Whenever any street or highway is widened or improved or any new street is opened, or any interest in lands for other public purposes is acquired by the City, the City is not required in such proceedings to pay for any building or structure placed without a permit or in violation of conditions of a permit within the limits of the mapped street or outside of any building line that may have been established upon the existing street or within any area thus identified for public purposes. The adoption of an official map does not give the City any right, tide, or interest in areas identified for public purposes thereon, but the adoption of the map does authorize the City to acquire such interest without paying compensation for buildings or structures erected in such areas without a permit or in violation of the conditions of a permit. 30-XXX. APPEALS: Whenever a building permit is denied pursuant to this ordinance, the Board of Appeals and Adjustments shall, upon appeal filed with it by the owner of the land, grant a permit for building in an area designated on the official map for a street or other public purpose in P 9 W I R 1 0 8 v'AUR Last Updated March 2014 to be removed Underlines to be added any case in which the Board finds, upon the evidence and the arguments presented to it, (a) that the entire property of the appellant of which the area designated for public purposes forms a part cannot yield a reasonable return to the owner unless such a permit is granted, or (b) that balancing the interest of the City in preserving the integrity of the official map and of the comprehensive City plan and the interest of the property owner in the use of his property and in the benefits of ownership, the grant of such permit is required by considerations of justice and equity. The Board of Appeals and Adjustments shall hold a public hearing upon the appeal after notice of the hearing has been published in the official newspaper once at least ten (10) days before the hearing. If the Board authorizes the issuance of a permit,it shall specify the exact location,ground area,height, and other details as to the extent and character of the building for which the permit is granted. If the Board authorizes issuance of a permit, the Council or other Board or Commission having jurisdiction shall have six (6) months from the date of the decision of the Board to institute proceedings to acquire such land or interest therein, and if no such proceedings are started within that time,the City shall issue the permit if the application otherwise conforms to local ordinances. 30-XXX. ADOPTION OF MAP: The map entitled "Official Map of City of Elk River", a copy of which is attached to Ordinance No. and incorporated herein by reference, is hereby adopted and designated as the Official Map of City of Elk River. SECTION 2. That this ordinance shall take effect upon adoption and be published as provided by law. Passed and adopted by the City Council of the City of Elk River this 15th day of December, 2014. John J. Dietz,Mayor ATTEST: Tina Allard, City Clerk P a w E R E R R Y YAVR Last Updated March 2014 lt ' I MISSISSIPPI RIDES' —� OrchOge and utility Eoeenhanta are shown than: jr Jew j= I r \a� + I 1 $eerfnys 8eaed m Ad55,159PP1 RIpGE ' n lYerdS2Q fd The recorded plat rhenrsl. Solrth tine of Let 2,81oct 2 aemn South B9 55'46'Nest. PAW a caot..o sat Ih s,er:la;sdr Irm � °. Being 5 feet in width,unless othew+me a E.I. F—d L5't�7d _L— wnr.'rw indicated, and adjoining let lines,and 10 o«el.e a Fans Ira,wonymeyt 0 fi0 420 Ifip m eaiK feet in.itltts and ddjawing ebeel[Ines. —Q—a1ewµne.d hseee fbdteel.e as sham on the plat the My of T2h fil r SCALE W O—t.L Ibml+—d.9 v SCALE I INCH z$0 F�f m+t'1 See IL Ty,]2 16 10 the State,d Nle—te le,tn Yltlwn tfyr wet or NLe.6aftl Rtd' c" l IP7 e..etr PIPL ow—.b. t5 5 We I/*et Sec It s, 1 - T�Twr.12 ft.26 — �� 1 XG1,f9.5yf \6 M84'S'S's0'E.5 }1 � I` IIy so YM l° T �•p KA IKATHE PUT 1l ,f •r�.svv,MOM err I 724ee I 4 fkn (' :s•'' .YA�• NIV•N'r��L�"�if �'�' � , 4 Yrf a1L] Cal aFAS—eWNT t 1 I PER TK PLAr P rEr ♦.* Pt gllM{ 9. �� �.K _ ��mSTYId.oaG�p.¢_! S L S mssfTaE 5• / 2zr.sa M - • �r �: V 1 r 1 I IN - N LOT 4 LOT 9 •• 1 RI —YFJa51R[e g1eelF�8��°� `� v VdUTYC IM LEN,[!�` I /~ tsfn.tTr fASI]rpfT \; °I rN.00dr w__ j v1LLTY`+l4yEhr 1 I r w PLAT nF _ t�1g,__ P I l t I ss�POt ftgfE � -------- - e IdC.37 C+oao' Pl° ° ?`$-i 2 scar s utm�a,amcr 4�`��,: 5 � 1 . ! 1 III EDR 133+D4 171ST AVE NW Lorr 3 35 25 LOT I `2a CENTERLINE PER PLAT ad F MISSISSIPPI RIDGE/— $ 0 35 Eli Lar 2 PT L LOT 4 PROPOSED CENTERLINE ALIGNMENT 170TH AVE NW X, q by rd Y • Y.' SURVEYOR'S CERTIFICATION I hereby certify that this survey was prepared by me or under my direct supervision and that I am o duly licensed 7q tend surveyor under he laws of the State of Minnesota. 0 BO 160 11]4 2014 PROPOSED ROADWAY EASEMENT athaniel T.Stadler Date SCALE IN FEET License Number 43934 OFFICIAL MAP P/O MISSISSIPPI RIDGE YALE ST NW,ELK RIVER,MN SECONDADDITION MISSISSIPPI RIDGE E3C:>1L--rC>M Sc ME—="t<, INC. P'O THIROADDITION Consulting Engineers & Surveyors ae 7533 SUNWOOD DR NW,SUITE 206 Mk CITY OF ELK RIVER Bolton 2034, RAMSEY,MINNESOTA 55303 `= AP Rights Reserved 17631-433-Ml JOB NUMBER: R16A05216 FIELD BOOK: N/A DRAWN BY: JGIV1 R26-T32-511-23 171ST AVE NW NW CORNER LOT I LOT 3 BLOCxt 25 35 all rm 1 I-Orr I CENTERLINE PER PLAT 1 a 17) 40F MISSISSIPPI RIDGE/ 0 O 4- r 0 so 160 SCALC IN FEET 60 LOT 2 LOT 4 SURVEYOR'S CERTIFICATION I hereby certify that this surveywas prepared by eneor order my direct supervision and that I am a duly licensed land surveyor under the laws of the State of Minnesota. S 52'15'55' E 50-00 1111412014— Ifathartel T.Stadler Date License Number 43934 170TH AVE NW PROPOSED EASEMENT DESCRIPTION: A 60.00 toot wide roadway easement,over,under and across that part of Lot 4,Block 1,MISSISSIPPI RIDGE SECOND ADDITION,according to the reorded Fiat thereof,Sherburne County,Minnesota.The easterly line of E aid easement is described as fidimse M Beginning at the Northwest comer of Lot 1,Block 1,MISSISSIPPI RIDGE THIRD AODITION.according to the recorded plat therecil'sald Sherburne County;thence South 06 degrees 40 minutes 06 seconds PROPOSED ROADWAY EASEMENT CONTAINING 37,864 SO`1 East,assumed hearing along the westerly line of said Lot I and it's southerly extension,a distance of 440.90 feet;thence southeasterly, a distance of 21084 feet,along a tangential c—concave to the northeast,having a radius of 265.00 feet,and a central angle of 45 degrees 35 minutes 49 seconds;thence South 52 degrees 15 minutes 55 seconds East.tangent to the last described curve,a distance of 50.00 feet and said lime there terminating EASEMENT EXHIBIT PART OF T NW,ELK RIVER,MIN YALE S LOT 4 BLOCK I ,a E3 Ill _—r Ill M E= I G MISSISSIPPI RIDGE 4& SECOND ADDITION Consulting Engineers & Surveyors 1533 SUNWUO D DR NW,SUITE 206 FOR' CITY OF ELK RIVER @Bolton&Meek,Inc.2014, RAMSEY,MINNESOTA 55303 All Rights Reserved (763]-433-2851 JOB NUMBER: R16.109216 FIELD BOOK. N/A DRAWN By! JGM R26-T32-S11-23