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6.7. SR 12-21-1998'ity of 'ver MEMORANDUM Item # 6.7. TO: FROM: DATE: SUBJECT: Mayor and City Council ~ Scott Harlicker, Planning Assista December 21, 1998 Request by Riverside Companies for Rezoning from Rlc to R3, Public Hearing Case No. ZC 98-11 Request Consider a request by Riverside Companies to rezone certain property from Rlc (Single Family Residential) district to R3 (Townhouses and Multiple Residential) district. Location The property is located northwest of County Road 13, east of Barrington Place Planned Unit Development Zoning/Land use Rlc (Single Family Residential) / MR (Medium Density Residential) Attachments · Ordinance No. 98- · Location map · Map of property boundaries · Legal description · Letter from applicant · Letter from Industrial Hardfacing List of allowed uses Overview The property is located at the northeast corner of County Road 13 and 5th Street. It is about 24 acres in size and is currently zoned Rlc. The applicant is proposing to rezone the property to R3 to allow for future development as 13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425 Memo to Mayor and City Council/ZC 98-11 December 21, 1998 Page 2 townhouses. The current land use designation is MR (Medium Density Residential) which allows for property to be developed at R3 density. The applicant has not submitted plans for the townhouse development at this time. The property is rolling hills. The south portion of the property is wooded with a small pond and associated wetland. The northern portion of the site is cultivated cropland and the eastern portion of the site is mostly wooded with some lowlands. There is a drainage ditch which cut diagonally across the northeast corner of the site. The property is horseshoe shaped and it surrounds 2 wooded single family lots. The single family lots are about 2 acres in size. Adiacent land uses and zoning Adjacent land use designations include Medium Density Residential and Light Industrial. The property to the west is Medium Density Residential, as are the 2 single family lots. To the east and south is Light Industrial and Medium Density Residential and to the north is Medium Density Residential. Adjacent zoning districts include PUD on the west, Rlc on the north and I1 and Rlc on the east. Adjacent land uses include Barrington Place townhouses and single family residences to the west, cropland to the north, Industrial Hardfacing and farmland to the east. As part of the recently approved Trott Brook Farms PUD, townhouses proposed along County Road 13 to the east of this site. The proposed zoning would be compatible with the adjacent land uses and zoning. Access Possible access to the site could be from County Road 13 on the east, the cul de sac from Line Avenue on the north and from 6th Street on the west. The proposed east Elk River collector (Tyler Street) is proposed to intersect with County Road 13 near the eastern boundary of the property. Utilities The property is within the urban service area. Municipal sewer and water are likely to be available through the Trott Brook Farms development. Once services has been extended through that project up to County Road 13 they will become available to this property. The applicant has discussed the possibility of constructing a temporary lift station and connecting with s:XplanningXscott\zc9811cc.doc Memo to Mayor and City Council]ZC 98-11 December 21, 1998 Page 3 municipal sewer and water through Barrington Place. The City Engineer has indicated that this option may be feasible and could be utilized until sewer and water are extended through Trott Brook Farms. At that time the developer will be required to hook up to those utilities. R3 zoning district The R3 - Townhouse and Multiple Residential Zoning District is intended to provide a residential area which allows a wide range of housing at a medium density. Residential housing options include single family, two family, townhouses and multiple family dwellings. Given the adjacent land uses and zoning districts, staff feels the proposed rezoning fits in with the purpose of the R3 zoning district. A list of allowed uses has been attached. Evaluation of Request In order to approve a rezoning request there must be a finding that a) the plan was in error when it was adopted, and therefore, should be changed or, b) the times and circumstances have changed since the plan was adopted, and a changed is warranted. Staff believes the second criteria has been met. Planning Commission Meeting At the Planning Commission meeting held on November 24th, Jim Fillpovich, 801 Line Avenue, questioned possible access points and asked that access from Line Avenue be limited. It was noted that specific access points to the site will be discussed when the property is developed and that there will be another public hearing at that time. The Commission discussed compatibility with the adjacent single family homes. Recommendation The Planning Commission recommended the City Council approve the attached Ordinance No. 98-__ rezoning certain property form Rlc (Single Family Residential) to R3 (Townhouses and Multiple Residential) district. based on the following findings: 1. The rezoning is consistent with the Comprehensive Land Use Plan designation of MR (Medium Density Residential). 2. Times and conditions have changed to warrant the development of this property as R3 residential. s:\planning\scott\zc981 lcc.doc Memo to Mayor and City Council/ZC 98-11 December 21, 1998 Page 4 3. The property is adjacent to a minor arterial which can meet the transportation needs of development allowed under the R3 zoning district. 4. The proposed R3 zoning district is compatible with the adjacent zoning districts. 5. The property is within the urban service area. s:Xplanning\scottXzc981 lcc.doc ORDINANCE 98- CITY OF ELK RIVER AN ORDINANCE AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTY FROM R1C (SINGLE FAMILY RESIDENTIAL) TO R3 (TOWNHOUSEflVIULTIPLE FAMILY RESIDENTIAL) CASE NO. ZC 98-11 The City Council of the City of Elk River does hereby ordain as follows: Section 1. The duly adopted Zoning Map of the City of Elk River is hereby amended to rezone the property described as: See Attached Exhibit A Section 2. The rezoning is being approved based on the following findings: 1. THE REZONING IS CONSISTENT WITH THE COMPREHENSIVE LAND USE PLAN DESIGNATION OF MR {MEDIUM DENSITY RESIDENTIAL). 2. TIMES AND CONDITIONS HAVE CHANGED TO WARRANT THE DEVELOPMENT OF THIS PROPERTY AS R3 RESIDENTIAL. THE PROPERTY IS ADJACENT TO A MINOR ARTERIAL WHICH CAN MEET THE TRANSPORTATION NEEDS OF DEVELOPMENT ALLOWED UNDER THE R3 ZONING DISTRICT. 4. THE PROPOSED R3 ZONING DISTRICT IS COMPATIBLE WITH THE ADJACENT ZONING DISTRICTS. 5. THE PROPERTY IS WITHIN THE URBAN SERVICE AREA. Section 3. That this Ordinance shall take effect and be in full force from and after the date of its pubhcation. Passed and adopted this __ day of Council of the City of Elk River. , 1998 by the City ATTEST: Henry A. Duitsman, Mayor Sandra A. Peine, City Clerk s:\document\ordinanc\frm-zc.doc EXHIBIT A That part of the Southwest Quarter of the Northwest Quarter lying North of County Road No. 13 in Section 35, Township 33, Range 26, except the followin9 described part thereof: Commencing at the intersection of the West line of said Section 35 and the extension Southwesterly of the tangent to the center line of County State Aid Highway No. 13, which point is 58.33 feet South of the Southwest corner of said Southwest Quarter of the Northwest Quarter; thence North 54 degrees 09 minutes East along said extension and center line 704.79 fe~t to the actual point of beginning of the tract to be described; thence continue North 54 degrees 09 minutes East along said center line 550.0 feet; thence North 35 degrees 51 minutes West a distance of 396 feet to an iron pipe as set for property corner; thence South 54 degrees 09 minutes West parallel with said center line 550.0 feet more or less to an iron pin set as property corner; thence South 54 degrees 09 minutes East to the point of begi~ing. Subject to road easement over the Southeasterly 33 fee= thereof. ,5,$ T. 55 N., R. 26 W. (;RAPIIIC S¢ Al,l: EXHIBIT A That part of the Southwest Quarter of the Northwest Quarter lying North of County Road No. 13 in Section 35, Township 33, Range 26, except the followin9 described part thereof: Commencing at the intersection of the West line of said Section 35 and the extension Southwesterly of the tangent to the center line of County State Aid Highway No. 13, which point is 58.33 feet South of the Southwest corner of said Southwest Quarter of the Northwest Quarter; thence North 54 degrees 09 minute~ East along said extension and center line 704.79 feet to the actual point of beginning of the tract to be described; thence continue North 54 degrees 09 minutes East along said center line 550.0 feet; thence North 35 degrees 51 minutes West a distance of 396 feet to an iron pipe as set for property corner; thence South 54 degrees 09 minutes West parallel with said center line 550.0 feet more or less to an iron pin set as property corner; thence South 54 degrees 09 minutes East to the point of beginning. Subject to road easement over the Southeasterly 33 feeC thereof. PARK I I I I I 178TH ~ ZONING City of EIE R ver MAP 13065 Orono Parkway. P.O. Box 490 CASE: ZC 98-11 Elk River, MN 55330 11/28/1998 11:08 2411399 RIVERSIDE COMPANIES PAGE 01 RIVERSIDE COMPANIES November 19, 1998 Scott Harlicker City of Elk River P.O. Box 490 Elk Kiver, MN 55330 Property description: North of County Road 13, south of the 187th Avenue alignment, and East ofthe Zane'Street alignment. Dear Scott: I would like to request the rezoning of the above referenced property, from R1C (single family residential) to R3 (a medium density residential). Our plan is to develop twO 4 unit attached townhouses over the next 3 years.. I feel this use will blend well with the. town.house development to the'west and the proposed townhouse development to the east. The R3 zoning does fit the "medium denisity residential" land use. Thanks,/~r your consideration of this proposal! // Phoenix Enterprises, Chief Manager 19230 Evans Street Elk River, MN 55330 (612)241-1801 Fax (612)241-1399 vi. Public parks, playgrounds and~n space vii. Permitted home occupation~n single family dwellings ~;~' '. ~blic shelters~'d~essential services ,ii. G e$ iii. Priva recreational facilities C. Conditional i. Co~{tional occupations in single family dwellings il/Metal skinned bui ~gs i. Institutional uses ~ iv. Governmental buildings es ~ v. Licensed daycare facilities w~ 13 or more children in institutional buildings vi. Zero lot line development S' R-3 - Townhouses and Multiple Residential District TATEMENT OF PURPOSE: This District is intended to provide a residential area which allows a broad range of housing types (townhouses, apartments, etc.) of medium density multifamily units in areas served by public sanitary sewer, storm sewer, and municipal water. PUD recommended. A. Permitted Uses i. Single family dwelling ii. Two family dwellings iii. Townhouses and multiple family dwellings (12 units per structure maximum) iv. Model homes in compliance with Section 900.20, Subsection 13 v. Licensed daycare facilities for 16 or fewer children vi.. Public parks, playgrounds and open space 9.26 vii. Permitted home occupations in single family dwellings B. Accessory Uses i. Public shelters and essential services ii. Garages and sheds iii. Private recreational facilities C. Conditional Uses i. Mobile home parks ii. Metal skinned buildings iii. Licensed daycare facilities for 17 or more children iv. Governmental buildings and facilities v. Institutional uses vi. Boarding house vii. Mini Storage viii.Conditional home occupations in single family dwellings ix. Zero lot line development 9. ~-4 - General Multiple Family Residential Dist..'~~ STATEME~PURPOSE: This District is inte .~~o create, preserve, a~nhance areas for multifamiL~v~u~e of higher densities for'~h permanent and transi~e~ families, in areas served by public~itary sewer, stgr~*'sewer, and municipal water, with good ac~sibility t~c~oroughfares, public community centers, ~i~rar~es, shying ce~ers and employment centers, and where such development ~s2t~ Growth Management Plan. PUD Recommended. ,~,'~. A. Permitted :U~s ~ ' ] iii~ Townhouse dwelling (12 unit .~ structure m~imum) iv. Multiple family dwellings 9.27 DEC. ll.1998 S:~5PM MPCA WQD MA/WA SECT H0,388 P.1/5 Minneso.ta Pollution Control Agency North District 520 Lafayette Road North St Paul, Minnesota 55155-4194 FA CSIMILE TRANSMITTAL SHEET to: No~ £~~' D.; Company or Agency: ,/~ 1./~' From: Dat~: Telephone Number: Facsimile Number: Pat~s w Follow: (651)297-2343 (Please Numl~r All Pages) Subject: If you have que~ons regarding this wansmittal, please call (651) DEC. 11.1998 5:~SPM MPCA WOD MAxWA SECT MO.B88 P.~x5 DEPARTMENT: DATE: TO: FROM PHONE: SUBJECT: POLLUTION CONTROL AGENCY December 10, 1998 Interested Pal~y Peder Larson/~ Commissioner 296-7301 Star Tribune Inve~tigt~ti.ve Report mt the MPCA STATE OF MINNESOTA Office Memorandum The Minnesota Polhtion Control Agency has been the subject of an investigative inquiry by the Star Tribune Newspaper since May 1998, While many lines of inquiry have been followed, the target now appears to be the state's effective regulation and enforcement of federal and state wastewater treatment permits among major Minnesota cities and industries. Because we lmve reason to believe that the out:omc of this inquiry will be published soon, we wanted to take this opportunity to share with you the points we have attempted to make about our water quality program. !na_~propri~te Use of the EPA Database The Star Tribune plans to use an Environmental Protection Agency's database to show trends in environmental performance of the state's major wastewater treatment facilities, We and EPA have tried to point out the problems inherent in using the database for this purpose. Through extensive research we've determined that the system's inflexibility and limited capabilities lead to reporting errors showing false violations. Problems with data entry also cause inaccuracies in the data reported from the system. We've suggested flint better measures of performance are water quality indicators, the development of which is an important focus of the agency. Comp. liance Rate of Wqs~e. water TrearmeriLFacilitie~ We also disagree with the Star Tribune's use of annual numbers of violations recorded in the database since 1992 as a method of identifying a trend or comparing Minnesota to other states, Because permits issued today have more requirements than those issued a six or seven years ago or those issued in other states, there are more chances that a MLtmesota facility today might not meet a requirement on occasion~ (The number of permit requirements since 1992 has increased 32% for major industrial permits and 10% for major municipal permits.) In.qtead, we have proposed that the Star Tribune use a .compliance rate (100% - (# violations/# of requirements x 100)) to determine trends. The attached table shows the compliance rate from major facilities in the past seven fiscal years. In general, the state has reason to be pleased with the environmental performance of these wastewater treatment facilities. Despite increasing requirements and more stringent limits TDD (for hem~nt m~d apr~ch impalred onty): (612)282-5332 ~rinted on recycled ptlper co~ztm'n/ng at lea~t l O% fib~r~ from paper r~cy~lcd by con~ner$ .DEC.11.199@ S:~6PM MPCA WQD MA/WA SECT HO.B88 P.B/5 P~e: 2 applied in the past decade, these facilities on average have achieved about a 9g% compliance rate. We have told the Stax Tribune that these facilities are constructed and operated to achieve a compliance rate of 95% to account for uncontrollable events such as drastic changes in temperature, water levels in the discharge river, equipment malfunctions and operator errors. Inspe,etions and Enforcement Aetio.~ The database seems to indicate a decline in the number of inspectior~ conducted at these permitted facilities and the number of enforcement actions taken, Thc reporters also seemed to think that the agency has moved too slowly in taking enforcement actions when they are warranted. It is precisely because some enforcement actions do take so much stafftime that we explore other solutions Sst. We have explained that to ensure that the facilities understand their environmental commitments we have shied resources to training and outreach activities rather than solely relying on enforcement activities to gain compliance, Therefore, many of these staff contacts with facilities are not legally defined as "inspections" and so are not recorded in the database, As well as emphasizing compliance rather than enforcement, over thc past decade thc agency began shifting resources from ad&casing point source threats to water quality to nonpoint source threats, This focus on pollution from feedlots, stormwater runoff, failing septic systems and others problems is consistent across the country and has been fully supported by the EPA and most environmental groups. We plan to hold to the gains we've achieved in reducing pollution from wastewater treatment facilities but Imow that there is unchartered ground to cover with newly emerging threats to our lakes, rivers and streams. A look at thc total number of enforcement actions taken among all of our water quality programs shows an increase in activity, not & decline (see attached graph). Lastly, we lmve shared with the Star Tribune that in recent years, the pohlt source program staff has spent considerable time implementing process improvement practices recommended by the 1995 Report of the Blue Ribbon Task Force on Funding Minnesota's Water Quality Programs, designing and entering compliance data in the agency's new computer database (DELTA), and participating in redesign of the agency's organization (GOAL 21). These investments of time may have affected productivity in the last few years but will have a positive effect on the program's efficiency and effectiveness in the near future. Involwment of Environmental_Orouvs in Pemait~ing Activities Perhaps most alarming to us is the Star Tribune's apparent support of one environmental group's insistence that they are doing the MPCA's job in demanding stricter limits or additional controls be placed in water quality permits. We at the MPCA axe proud of the efforts we mice to ensure that our permits and other activities are conducted with active public part/cipation. Rather than be scorned for their willingness to listen to all affected parties when draftSng pemaits, MPCA staff should be commended for their open-mindedness. When there isn't scientific certainty to guide staffin setting standards or permit limits, and when outside expertise is freely offered, this open approach is guaranteed to provide a better environmental outcome than if staff worked in isolation. -DE~.11.1998 5:26PM MPCR WQD MAxWA SECT MO.B88 P.4x5 Pa~e: ~ fully support the role that industry experts ancl environmental groups play in hclplng us to protect Minnesota waters. These are some of the issues that we anticipate being brought up in the published articles. Should you have any questions about the resulting news coverage or this memo, please contact mc or my Communication Director, Deb Dolan, at 296.6977, and we will be available to respond. -DEC.11.1998 5:2?PM MPCA WQD MA/WA SECT HO.B88 P.5/5 P~ge: ~ Compliance Rates for Major Municipal and Industrial NPDES Permits Fiscal Year 1992 I993 1994 1995 1996 1997 1998'* All Major Municipals 98,5% 98,4% 98.4% 98.8% 98.6% 98.2% 97,7% Compliance Rates* All Major Indusa'ials 97.8% 97.6% 98.4% 99.0% 98.9% 98.65% 97.2% *Compliance rate = 100% - (total number of effluent and reporting violations/total number of effluent and reporting requirements x 100), **Not all the data for FY 1998 has been entering into the database. Enfomement Actions Takeo In th~ Watar Quall~y Program 10 z t~Jor wwrr~ CY02 CYQ3 CY94 CY05 CY96 CY97 Calendar Year ("Through 8eptembeF 1008) Ii^Il Others [] Mnor ww'rFs [] Major VWTrFs CY98' 12/14/98 YON 09:11 F)-% 215 828 2S94 ~ POLLUTION COXTROL ~001 Ci? pf Elk RJver** V{~gTP · A CMS that was done by Ken LcVoir on 7/24/96 was not listed in the PCS. The City was deemed in compliance. Two compliance schedule violations were reports that '*,ere submitted late; on 4/28/98; 7 months late & on 7/20/93- 1 month late, no cnforccment action was taken. · There ,,'as a BOD effluent violation and a BOD percent removal violation in 3/93. Also, a BOD percent removal violation in 2/93. No enforcement action was taken. The rest (after 7/93) of the BOD effluent, BOD % removal, TSS effluent, TSS % rcmoval and the fecal coliform cffluent violations in 1993 and 1994 were due to a shaft that broke on a Rotating Biological Contactor (RBC) in July 1993. An NOV was issued for some of these violations on 3/3/94. It was stated that the city would erect a new trickling filter to replace the RBC ASAP to get back into compliance. There were no other enforcement actions during this time since there was construction going on to get the facility back into compliancc. Thc new trickling filter was completed and put on-linc in November 1994. CI'his trickling filter was thc beginning of an upgrade to the facility in 1995-96. The upgrade '*'as complete in 1996). The 10/96 groundwater monitoring data said to be missing by PCS was originally submiued to MPCA 10/31/96. The MPCA was not able to fad it, so Elk River resubmiued it on 8/24/98. All "Water Level at Sampling Time" data that is said to be missing on PCS for 10/96, 5/98, 5/97, and 7/97 v':s submitted on the reports. Water levels were v, virten on the "Calculated volume of water in casing" line above the boxes on the Stabilization Test sheets for the groundwater monitoring reports. I informed Darrell Mack, operator, that even though the water level is written on this Line, it should be v,u-itten in the appropriate boxes also, so ~ to not flag PCS in the future. · The "Water Temperature Deg. Cent." for ground water monitoring for 7/96 were not recorded or submitted by the facility. There v,~ no enforcement action taken. · There was one single fecal violation on 2/28/97 that '*'as referred to in a CMS. No further violations at that time so no enforcement action warranted. · No further violations. :) 'ost-it' Fax Note ' '7671 # O! · Fax ~ RESOLUTION NO. ECONOMIC DEVELOPMENT AUTHORITY CITY OF ELK RIVER COUNTY OF SHERBURNE STATE OF MINNESOTA A RESOLUTION OF THE ECONOMIC DEVELOPMENT AUTHORITY FOR THE CITY OF ELK RIVER AUTHORIZING THE ACQUISITION OF CERTAIN REAL PROPERTY LOCATED IN AND RELATED TO TAX INCREMENT FINANCING DISTRICT NO. 19 IN THE CITY OF ELK RIVER BY NEGOTIATION OR CONDEMNATION, THE DEMOLITION OF ALL STRUCTURES CURRENTLY LOCATED THEREON, AND THE RELOCATION OF ALL AFFECTED PROPERTY OWNERS AND TENANTS WHEREAS, the Economic Development Authority for the City of Elk River, Sherburne County, Minnesota, ("EDA"), is a public body corporate and politic duly organized and existing in accordance with the provisions of the Minnesota Economic Development Authorities Act, Minn. Stat. §§ 469.090 through 469.1081, as amended, and the provisions of its Enabling Resolution, Resolution No. 87-63 of the City Council of the City of Elk River, as amended; WHEREAS, the EDA has the power and authority to acquire real property by negotiation and condemnation pursuant to and in accordance with the provisions of Minn. Stat. § 469.101, Minn. Stat. § 469.012, as incorporated by Minn. Stat. § 469.091, and Minn. Stat. § 469.126, as incorporated by Minn. Stat. § 469.091; WHEREAS, the City of Elk River adopted the Elk River 1995 Comprehensive Plan ("Comprehensive Plan") on December 18, 1995 and the East Elk River Urban Services Area Planning Study ("Planning Study") in May, 1997; RoaoH 979349.1 WHEREAS, the Comprehensive Plan and the Planning Study anticipate and provide for the extension of city utilities to the East Elk River Area and the development and redevelopment of underutilized properties within the East Elk River Area; WItEREAS, 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, and has adopted a development program for the Development District ("Development Program"); WHEREAS, in accordance with the Comprehensive Plan, the Planning Study and the Development Program the City of Elk River has deemed it advisable to encourage development and redevelopment within the Development District and the East Elk River Area in an effort to increase the tax base of the City of Elk River, provide 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 EDA has previously designated, pursuant to the Development Program, a tax increment financing district known as Tax Increment Financing District No. 19 ("TIF District 19") consisting of 156.37 acres of land located within the Development District; WHEREAS, TIF District 19 qualifies as and is a redevelopment tax increment financing district established pursuant to the provisions of the Minnesota Tax Increment Financing Act, Minn. Stat. § 469.174, et. seq. RostoH 979349.1 2 WHEREAS, in accordance with the Tax Increment Financing Plan for T[F District 19, the EDA is facilitating the redevelopment of certain real property located within TIF District 19 into a new commercial and industrial development. WHEREAS, the property to be redeveloped within TIF District 19 has been rezoned to accommodate the proposed redevelopment, related land use approvals are scheduled to be acted on within the next thirty (30) days, and the EDA is completing negotiations with the developers on a redevelopment agreement which will provide for redevelopment of over 100 acres of real property located within TIF District 19; WHEREAS, the EDA believes that redevelopment of real property located within TIF District 19 and in the Development District is in the best interests of the City of Elk River and will expand the tax base of the City, will expand the job opportunities available to the residents of the City and its surrounding area, and will otherwise benefit the health, safety, morals, and welfare of the residents of the City, and will satisfy a necessary public purpose in accordance with applicable state and local laws; WHEREAS, the proposed redevelopment, in the opinion of the City, cannot reasonably be expected to occur solely through private investment within the reasonably foreseeable future, and the increased market value of the property to be redeveloped that could reasonably be expected to occur without the use of tax increment would be less than the increase in market value estimated to result from the proposed redevelopment after subtracting the present value of the projected tax increments for the maximum duration of the TIF District; WHEREAS, the proposed redevelopment cannot occur without acquisition of the two properties identified in Exhibits A and B to this resolution; RostoH 979349.1 3 WHEREAS, in addition to redevelopment within TIF District 19, the EDA intends to use tax increment generated by TIF No. 19 to assist in the acquisition of land and development of an industrial park/business park immediately south of and adjacent to TIF District 19, which industrial/business park cannot be established without acquisition of the property identified on Exhibit C to this resolution. NOW THEREFORE, be it resolved by the Economic Development Authority in and for the City of Elk River as follows: 1. The acquisition of the real property identified in Exhibits A, B, and C to this resolution is necessary for redevelopment of TIF District 19 and establishment of the proposed industrial/business park south of TIF District 19, and is for a necessary public purpose in that the acquisition of said real property will expand the tax base of the City, expand job opportunities available to the residents of the City and its surrounding area, will provide for the redevelopment of real property currently improved with substandard structures, will provide the impetus for redevelopment within the TIF District and for additional development within the Development District, and will otherwise benefit the health, safety, morals, and welfare of the residents of the City of Elk River. 2. The acquisition of the real property described in Exhibits A, B, and C attached hereto ("Real Property") is for a necessary public purpose in furtherance of the objectives of the TIF plan for TIF District 19 and the Development Program for the Development District. 3. Because redevelopment within TIF District 19 and construction of planned roadway and utility improvements to support this redevelopment is scheduled to begin in early 1999, prior to the time by which court appointed commissioners could reasonably be expected to RostoH 979349.1 4 render their award for the taking of the Real Property described in Exhibits A, B, and C attached hereto, the EDA determines it necessary to proceed without delay under Minn. Stat. § 117.042 to pay 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 EDA's approved appraisal value as determined by City staff.. 4. The EDA hereby authorizes staff to take all actions necessary for the acquisition of the Real Property, including the specific authorization to (a) obtain appraisals or minimum damage assessments of the Real Property to be acquired; (b) make written offers to the affected property owners and negotiate such offers to a successful conclusion; (c) acquire the Real Property at the appraised value plus additional damages, if any, as approved by the City Administrator; (d) in circumstances where negotiation proves to be unsuccessful, condemn parcels or portions thereof under the procedures provided for by Minnesota Statutes. 5. Staff is further directed and authorized to take all necessary action to implement this authorization, including obtaining appraisals of all subject property, entering into contracts, including redevelopment contracts, and retaining outside counsel to assist in the acquisition of the Real Property. Any actions previously taken by staff, in this regard are hereby ratified and affirmed. 6. The EDA further authorizes staff, to provide for the demolition of all structures in the TIF District following acquisition of the Real Property described on Exhibit A hereto. The EDA staff, shall provide for all relocation assistance, services, and benefits as required in Chapter 117 of Minnesota Statutes. RostoH 979349.1 5 Approved by the Board of Commissioners of the Elk River Economic Development Authority this 21st day of December, 1998. Henry A. Duitsman, President ATTEST: Paul T. Steiman, Executive Director Ro~oH 979349.1 6 EXHIBIT A JAMES MEVISSEN PROPERTY That part of SW ¼ of SW ¼ described as follows: Beginning at a point on the centerline of public road running northwesterly and southeasterly through said SW ¼ of SW ¼ which point is 549.08 feet northwesterly of the intersection of said centerline, thence southwesterly 330 feet on a line running to a point on the south line of said SW ¼ of SW ¼ that is 675 feet west of the southeast comer thereof, thence northwesterly parallel to centerline of said road and 330 feet therefrom for a distance of 300 feet, thence in a northeasterly direction a distance of 330 feet to a point on centerline that is 300 feet northwesterly of the point of beginning, thence southeasterly along the centerline of said road a distance of 300 feet to point of beginning. Section 35, Township 33, Range 26. BeckP 580270.1 EXHIBIT B DELTON AND JOAN WARDEN PROPERTY That part of SW ¼ of SW ¼ described follows: Beginning at a point on the south line of said SW ¼ of SW ¼ that is 250 feet west of the southwest comer thereof, thence northeasterly to a point on the centedine of the public road that is 1.88 CH northwesterly when measured along the centedine of said road from the east line of said SW ¼ of SW ¼, thence northwesterly along the centerline of said road a distance of 425 feet, thence southwesterly to a point on the south line of said SW ¼ of SW ¼ that is 425 feet west of the point of beginning, thence east along south line of said SW ¼ ofSW ¼ to point of beginning. Section 35, Township 33, Range 26. BeckP 580270.1 EXHIBIT C JOSEPH P. AND YVONNE KIRKEIDE That part of NE ¼ of SW ¼ described follows: Commencing at a point on the East line of SW ¼, 1,580.45 feet North from the Southeast comer, thence West at right angle to said line 295.12 feet to point of beginning of land to be described, thence continuing West along last described line 295.12 feet, thence North at fight angle 295.12 feet, thence East at right angle 295.12 feet to a point that is 295.12 feet West of said East line, thence South parallel with East line 295.12 feet to point of beginning. Section 2, Township 32, Range 26. BeckP580270.1 12/18/1998 14:57 2411399 RIVERSIDE COMPANIES PAGE el RIVE R S ID E 'C O MPA N I E S mmNNm mmN m December 18, 1998 .Scott Harlicker City 6fElk River P.O. Box 490 Elk River, MI~ 55330 RE: Hillside Estates 9th Addition' Dcar Scou: I hereby request that the preliminary plat of Hillside.Estates 9th l~e postponed indefinitely fi.om .the planning commission me~ings. Thanks for your assistance! Sine~rdy, berg .,fir Phoenix Enterprises, Assistant Manager 19230 Evans Street Elk River, MN 55330 (612)241-1801 Fax (612)241-1399 / City of ~,~ Elff River ()ct,olmr ,8, 199S Cectha School 10271 213t}' Avenue NW Elk River, MN 55330 Dear Ms. School: q'he city stafl discussed this road issue al, length at our last staff mecq,ing and c~mll~iled l,}]e, following Iisi,: · This I,yljt? ofln-ojecI, will r(,luire I,he SUl~lmrl, ol';~djoining prolmrLy owners m the tbrm of right of way donaLions and consLrucLion cosL ~ssessmenl,s. * The city tbllows state law when any cosl,s connected with acquiring right of way would bo assessed to the l)rojoct. * Tho cit,y has limited general street t~nds available and tho construction of m~w roads lbr public benefit, amt not private develot~er benefit, can be very eXl)(msive. In addition, l, his l)rOposal would not meet MSA standards :,nd, ~,~c~rdingly, MSA funds wouhl nol, bo avmlabl~. - 'l'l~is isstms of land locked im)lmrlms can lm a(hlross(~d by recor(le(l ln'ival,e road agrt~mnents as well as public roads. Additionally, ii, ese types of road requests are typically addressed with a developmen~ proposal from the l)roperl,y owner whore tho road would g~ through. ['2nclosod please find a few poUtions that you could have signed by interested parties lo initial;(~ the l)rocess. As you already know, this can lm a very complicated issue, so the moro co(~l)eratim~ tim[ all of the interested parties oxhil~it, tho faster and less eXl)(msiv(~ the lm)eess will l'hm:s{~, ti~(d free to cool,act me at 441-4910 il'l tmn be of any further assistance. lqul llals SI,ro, ql:/Park SUl)o, rinl,endenl, snm: fih? ,t,50rono Parkxva¥ * P.O. Box 490 * Elk River. MN 55330 · TDD & Phone. (619~ ddi_"/zl9~ · I~,~. rr,~ ox nn ~ _'~n'}q sistant County .~orneys: Thomas N Price Nancy J Logermg Thomas C. McNinch Kathleen A Heaney Christopher J Johnson Dean E Emanuel Leah G Emmans Sean P Stokes Investigator: Gary E. Poslusny Victim Services Coordinators: Mary Bender Jennifer Petron Sherburne County Walter M. Kaminsky County Attorney Government Center 13880 Highway 10 · Elk River, MN 55330-4601 October 21, 1998 (612) 241-2565 Fax (612) 241-2575 1-800-433-5244 Cecelia Scheel 10271 - 213th Avenue NW Elk River, MN 55330 M. Moos 10246 - 221st Avenue NW Elk River, MN 55330 Allen Kastendick 21975 Brook Road Elk River, MN 55330 Tom Anderson Sherburne County Highway Department 425 Jackson Elk River, MN 55330 Dear All: Diane from John Oliver's office was kind enough to research any evidence of vacation order or abandonment of a road in the South Half of the Northeast Quarter (S¼ of NE¼) in Section 11, Township 33, Range 26. She did not find any evidence of a road order for either abandonment or vacation. The records reviewed were in the Sherburne County Recorder's Office. I believe now that your next alternative is to raise the issue with the City of Elk River. We can ensure up to the section line from County Road 21 that the easement can service the "back properties." I will let you continue your contact with Mr. Anderson on that issue. It wasa pleasure to see you all and I hope we may meet under better circumstances. Cordially, t~athleen A. Heaney Assistant Sherburne County Attorney PETITION FOR LOCAL IMPROVEMENT City of Elk River State of Minnesota , 19 To the City Council of Elk River, Minnesota: WE, THE UNDERSIGNED OWNERS of (all) (not less than 35 percent in frontage) of the real property described as' hereby pe[i[ion, pursuant to Minnesota Statutes, Chapter 429 for the follewing public improvements. ' EACH OWNER FURTHER AGREES, in consideration of the City action at our request to cause construction of the above-described improvement, to pay such sums as may be determined by the City to be a. fair and reasonable apportionment of the costs of said improvement. 2. 3. 4. 5. 6. 7. 8. 9. 10. Signature Print Name Description of Date of Owner of Owner Property Examined, checked, and found to be in proper form and to be signed by the owners of the above-stated quantity of property affected by the making of the improvement petitioned for. City Clerk A-4 STATE D~ TAX DU~ $ ~. ,,~ ~ DEED TAX unto belon~in~ or in an~ ap~n~ ~ ~ ~id ~r~ of t~ ~d ~, ~t~ ~si~, ~ .~ Mim~sota ~'~ tn ~m~. iktir a~i~m% the su~ivor o/said partie.~ and the heirs A ~tual ea~nt for r~d ~ses for ingress ~d egre~s in, over ~d ..ccoss the roll.in9 de.rind ~acta~ S~r~e C~nty, ~sotat ~ n str~p of 1~ t~nty ~t (20) ~ ~dth, the c(.uterl~ne of whtc;. 's descried as C~enc~g at a ~t that ts ten (10) f~t East ot ~e West :ire of the ~utheazt ~arter of the ~rt~aat ~arter of ~tion il, T~,htp 33, Ranqe ~6, Sher~rne C~nty, ~ota, ~d ~at is 170 f~t ~u~ of the Nort,. li)),' of ssi(. 5~utheast ~arter o~( . No~ 3.east ~ter; thence ~ ~d ~allel t© 'the West line 'Of"~ai~ ~u6h~'asA Quarte'r Nort~ast ~ter a diet.ce of 130 f~t; thence ~theaiterly ~ a direct l~e to ~ ~t that ts 535 f~t Sou~ ~ 90 f~t East of said Norther corner of said ~utheas% of Not.east ~ter$ thence ~l~easterly in ~, dir~t l~e to a ~t ~at is 700 feet ~uth ~ld 660 feet East of said ~rt~st comer; continuing Sou~easterly in a direct l~e to a ~int ~at is l~at~ 756 f~t ~u~ of said I~r~st corner ~ ~lat Is l~at~ )30 feet 'west of the East l~e of said ~east ~arter of Ncrtheast ~a~er, as measur~ right ~gles ~.ereto, ~d ~ te~at~q.