RES 16-36RESOLUTION No. 2016 - 36
CITY OF ELK RIVER
SHERBURNE COUNTY
RESOLUTION AUTHORIZING CONDEMNATION
OF LAND FOR PUBLIC PURPOSES
WHEREAS, Elk River Municipal Utilities (ERMU) has had significant growth over the last
decade in the number of communities it services and in its electric service territory; and
WHEREAS, in 2015, ERMU executed an electric service territory transfer agreement with
Connexus Energy which establishes the terms for ERMU to acquire approximately 12 square miles of
additional electric service territory within the City of Elk River from Connexus. When fully
implemented this agreement is expected to result in an approximately 20 percent increase in customers
within a five-year period; and
WHEREAS, it is anticipated that the communities ERMU serves will see growth in both
residential and commercial customers directly impacting the operational needs of ERMU; and
WHEREAS, ERMU's existing facility at 1705 Main Street Elk River is only sized for 33
percent of its current needs requiring ERMU to store vehicles and equipment outside which is a
security and theft concern; and
WHEREAS, ERMU's existing facility is located near a dam, lake, river, and wetlands. To
better protect the waterway it has been proposed ERMU relocate the wetlands on the site to the south
of the power plant as a buffer to the river; and
WHEREAS, ERMU has a need to acquire the property described on attached Exhibit "A" to
accommodate growth needs and address needed environmental considerations and site security
requirements; and
WHEREAS, the City Council of the City of Elk River does hereby determine that it is
necessary and for a public use and purpose to acquire the property legally described on the attached
Exhibit "A", subject to engineering modifications, if any, for municipal electric utility purposes; and
WHEREAS, City staff and consultants have and will continue to work with the property
owners to acquire the necessary easements and/or fee title; and
WHEREAS, the City Council funds it necessary to acquire title to and possession of the
property as soon as possible in order to proceed in an efficient, cost effective and expeditious manner.
NOW, THEREFORE, be it resolved by the City Council of the City of Elk River,
Minnesota:
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1. That the City Attorney is authorized to commence eminent domain proceedings
pursuant to Minnesota Statutes Chapter 117 to acquire the necessary easements and/or fee title
identified on the attached Exhibit "A", subject to engineering modifications, if needed.
2. That the City Attorney is authorized to acquire the necessary property interests
pursuant to the "quick take" provisions of Minnesota Statutes Section 117.042.
3. That the Mayor and the City Clerk are authorized to execute all documents necessary,
in the opinion of the City Attorney, to effect the acquisition of the necessary property interests.
4. The City is obtaining appraisals of the property being acquired. The Council hereby
authorizes the City Administrator to approve the appraisals and staff to negotiate with the property
owners relating to the acquisition of the property and to acquire the property for the appraised values.
ADOPTED this 20`" day of June, 2016, by the City Council of the City of Elk River,
Minnesota.
CITY OF ELK RIVER
ATTEST:
Tina Allard, City Clerk
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EXHIBIT "A"
Lots 5, 6, 7 and 8, Block 2, Auditor's Addition to the Village of Elk River,
according to the plat thereof on file and of record in the office of the County
Recorder, Sherburne County, Minnesota.
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