8.2. SR 04-18-2016Request for Action
To
Item Number
Mayor and City Council
8.2
Agenda Section
Meeting Date
Prepared by
General Business
Aril 18, 2016
Chris Leeseber , Senior Planner
Item Description
Reviewed by
Resolution for the Reconveyance of Forfeited Land
Zack Carlton, Planning Manager
to the State of Minnesota by the City of Elk River
Reviewed by
Cal Portner, City Administrator
Action Requested
Adopt, by resolution, the reconveyance of city owned property (75-432-0101).
Background/Discussion
The City Council reviewed this at their May 4, 2015, work session and directed staff to get confirmation
on what recommendation the Parks and Recreation Commission have for the subject parcel.
Peter Rohlf approached the Mayor and city staff to see if the city would be interested in selling the
subject parcel on 191 '/z Avenue so he can expand his mini -storage facility that is located directly east of
the property. A use not allowed in the R-3 (Townhouse) zoning district.
The city purchased the tax forfeited property in 1992 to provide open space in a high density residential
area. The City Council and city administrator, at that time, thought it was appropriate to purchase the
property to provide some type of play area or tot park for children. It has since been vacant.
The state deed for the conveyance of forfeited lands has a restriction on it stating it shall be used
exclusively for open space/park. This is why the city obtained the property in 1992.
The city cannot sell the property but can reconvey it back to the state and once approved by the
Department of Revenue the parcel would be available for the next public sale.
Parks and Recreation Commission
The Parks and Recreation Commission reviewed this item at their May 13, 2015, meeting and determined
it was not a high priority to keep the property.
Park Master Plan
The Neighborhood Park Service Area Overlap section of Chapter 3 states:
Some small parks with overlapping service areas may be redundant. In addition, some of these parks have difficult
maintenance access issues, lack real public access, are undeveloped, andl or are prohibitivejsmalljorpark use. These parks
include:
■ Baldwin
■ Meadow
■ North Terrace
AR
■ Elk Hills Green Space
■ Propea y south of Ridgen)ood East on 999 9/2 Avenue (75-432-0909
These parks may be unnecessary from a system standpoint and could potentially be better used as privately-on)ned or
privately -managed land.
Zoning
The subject property is guided for residential and zoned R-3, which does not allow mini -storage.
Changing it would take 4/5 votes from the City Council. Staff is not supportive of the land use
amendment and zone change.
Financial Impact
Sherburne County has an estimated land value of $52,600 for the parcel. The parks maintenance
department maintains the property 8-10 times a year. If the parcel is purchased, the city would realize an
increase in property taxes and a decrease in maintenance costs.
Attachments
■ Location Map
■ Resolution
■ Deed - Conveyance of Forfeited Lands
■ May 4, 2015, City Council Minutes
■ May 13, 2015, Parks and Recreation Commission Minutes
N:APublic Bodies\Agenda Packets\04-18-2016\Final\8.2 sr.docx
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Resolution 16-
A Resolution of the City of Elk River to Reconvey a Parcel to the State of
Minnesota
WHEREAS, on October 30, 1992, the City of Elk River ("the City") accepted a State
Deed from the State of Minnesota (State Deed No. 268852, Record Document No.
0178071) for Lot 1 Block 1, RIDGEWOOD EAST 2ND ADDITION, according to the
record plat thereof, Sherburne County, Minnesota for open space/park; and
WHEREAS, the City has indicated it has no desire to use the said parcel for open
space/park; and
WHEREAS, the City wishes to reconvey the State Deed parcel under Minnesota Statutes,
Section 282.01, Subdivision 1d, to the State of Minnesota, to be held in trust according to
Minnesota Statutes, Section 281.25, so the parcels eventually may be returned to the tax rolls;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk
River, Minnesota, as follows: authorizes the proper City officials to reconvey said parcel to
the State of Minnesota.
Passed and adopted this 18th day of April 2016.
ATTEST:
Tina Allard, City Clerk
John J. Dietz, Mayor
2 f;NN52
Apt—t-,; h) IIhr Am-" L.Mrs)
So SNb liter 7 M
STAff OF M41A4r{ESOTA
/+9W DEPARIMENT OF REVENUE
CONVEYANCE OF FORFEITED LANDS
'k„hied pitt%li' at (I) MIllacV+la sl.ttulc,. Isecti'm it(� IFI. Sohdnitiltm I i
THIS INDENTURE, rowde this :30th clay of (k:lober, 1993. between the State a_'
yAtlulcaota. lir part}' of file latera pari, and Tile City of Elk Flyer, a rrlulitt II)allty, it- party of the
sccond Bart. WITNESSETH”
WHEREAS. the laild hrrrilLiller drsr'ribrd was daily fol'frlit(I to liar Stilte of Minnrvlta
III tar. field Ir: (rust lit favor of Ihr I.jXLIIg dWrk'ts Irlr the nonpayrnrlls of lwuvs, and,
InItEREAR, pilt-staillt III Mt:uirrnla Statulrs Srution 282.01. SubcllvL5lon la. thr party of
tilt srvottd part has appllyd 1tt Ihr (Lorlintisrlorler, of I(Cvrr)tiC for the rrinvt'\'illli;C t7f larlds
herr(luof(rr dr-wrllrrrl it) br laxed Iry it rArhil.lrrly fur oprn %parr/park. Wool.
WHEREAS4, littler, riol rripairil ulitirr Vltrtnrtihl.r St:(miry Set'tion 282.01. Subdivisloo
(101)1, talc Iloard of Cuunly Colliuusmonerb of Ihr ('ourity cif Shelburne, State of Minnesota. has
ircuaiunrudrl6 In the Coll all ILS .sorter lit love Ilur by rrsolutlon adoplyd on Ihr 7th clay of October.
MIJ2, thio such rtrin'ryallCr lir nl+ldr,
NOW, THEREFORE, liar st.itr td minnct ole, plimtoatik to s:ald laws .and In ct ntit(leratiun
ni the plrluFsrs, deb's hereby grant or convey until the parry of the srelind Piro. All the tracts ar
parcels of land lying; olid Ilrllliy lit the (,baiTrly of Shrrburlir. Sialic All Millnretila, (Il'se'rthed As
141110wr, lo -wit
tilt 1. Kirit rwooti East 2nd Aelriltl+nt
IIhK k 1.
TO HAVE AND TO HOLD LHE SAMM. u.i[cihrr with 411 tilt hrredatalticeliS and
.ipl)Iillrrl:ttK 1'8 tlerrillllo tlrh.nyling or lit anywLct' apprrsaltthig. to Ihr I ild piny of the srrvnd
earl :ill long as it shall contillur to list said Luu1 for like purpose aforesald, and upon coridiflon
that It such use rha11 rrasr said Imirl shall revert to the Darty of the first pars ae '-.----ided by
law.
THE GRANTOR CERTIFIES that liar Grarl(or dors not know of any writs on the
tae sA tilled mal prrifirrty. 'llic- titafr of 1Rlnl;e%ota Is Lssuing this derd for thr county and other
laxiol; plrlwtirttalLN and For rrh.ntre on tike Akidlinr's ('ertlf t,alr %U41111k, no well', are located on
liar alcove (krrt'ribrd proprity
IN TESTIMONY WHEREOF, the Starr tel %liTulesola, party ofthe fir.,t pari. heti cau�cd
this (Irrd to Ile exrclTlyd In 14r li:unr In the (:ity Col. St 1'auiL
l, unscyCuonty. Minnesoia, the day
:old Vrar first illknr wrillrn
Iy I p( STATE OF MI11EttiE S0TA
DOROTHY A_ McCLUNG
/ tr _ Comm cher7vega�
STATE OF MINNESOTA i
r.
Colony Or lwruey ]
on this :30th day of t?clober, 1992, before me personally
appeared MICRAT.I.. P. WANDMACHER, the duly appointed
reprrsentattve of the Commissioner of Revenue of the
State of Minnesota. to me known to be the person who
executed the foregoing conveyance In behalf of the State of
M inriesota, and acknowledged that lie executed she same
as the free act and deed of said state pursuant to the
Stahrtes In such case made a(td pm Mded.
ilw I.., -I M
i4 c r
City Council Minutes
May 4,2015
Page 8
Mr. Portner stated he felt selective enforcement is a concern, noting an idea to
consider raising the fine and increase the snow emergency/plowing events via social
media.
The council agreed to modify the wording to notify residents of the equivalent of a
snow emergency with wording to provide a clear trigger of when such an event
would take place. The council had no other modifications.
10.4 Request by Pete Rohlf to Purchase City -Owned Land at 75-432-0101
Mr. I,eeseberg presented the staff report and provided additional handouts. The
applicant was present at the meeting. Mr. Leeseberg explained the background and
history of acquiring the property.
It was the consensus of the council to have staff work with attorney Peter Beck and
determine if the applicant may purchase the property without violating the terms of
the deed.
10.3 Community Operations and Development Department
Organizational Changes
Mt.. Portner presented the staff report. He provided organizational handouts
outlining the current department structure and proposed changes. He proposed
modifying the park planner/planner position and change its title to a senior planner
position with the same pay grade, providing assistance to the parks department as
needed. He proposed maintaining the planner I position, and adding back the
planning manager in lieu of the deputy community operations and development
director. He suggested an internal appointment or promotion for this position in the
near future.
Mr. Portner proposed that the economic development director report directly to the
city administrator. He stated the senior administrative assistant, who holds an
extremely large amount of history of the department, will be retiring in
approximately 2 years and proposed adding a position to function as an efficiency
manager, providing support between planning and economic development staff to
facilitate with the retirement transition and future development growth.
It was the consensus of the council to move forward with the proposed
organizational changes and add to a near future consent agenda for approval.
11. Adjournment
There being no further business, Mayor Dietz adjourned the meeting of the Elk
River City Council at 8:45 p.m.
•
Parks & Recreation Commission Minutes
May 13, 2015
Commissioner Sagan withdrew his second.
Page 4
Moved by Commissioner Kallemeyn and seconded by Commissioner Sagan
to recommend to City Council to approve the Parks and Recreation Master
Plan with the following changes.
1. Grammar changes shared by Mr. Hecker on page 79-81.
2. Adding back statement on page 65; Place 50' natural riparian buffers
between lawns and water on all appropriate public land and parks.
3. Change the word patch to parcel on page 84.
4. Change Reduction of chemicals to Minimization of chemicals on page
65.
Motion carried 6-0.
6.5 Athletic Field Dugout Improvements
Mr. Benoit presented his staff report.
Commissioners discussed design concept ideas.
Mr. Benoit shared that staff have been working with the youth associations regarding
the two dugouts and the cost.
Mr. Hecker stated that all the field improvements discussed fall within the $95,000.00
approved budget and that staff will work out the details with the youth associations.
Moved by Commissioner Niziolek to deny request and bring back cost
breakdown and design in June. No second. Motion fails.
Moved by Commissioner Niziolek and seconded by Commissioner Ahlness to
accept staff recommendation to build two athletic field dugouts. Motion
carried 3 yeah - 2 no -1 abstain.
7. Discussion Items
7.1 Review Open/Park Space on 191 %: Avenue (75-4320101)
Mr. Leeseberg presented his staff report.
Commission agreed that it is not a high priority to keep property.
8. Parks and Recreation Director Report
Mr. Hecker presented his staff report.
Commissioner Niziolek asked what the Proctor intersection would look like. We
want to be aggressive about this trail getting under or over here.
1IIEIEI I1
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