Loading...
8.2. SR 09-19-2016 Eclty1� ,.,�� Request for Action River To Item Number Mayor and City Council 8.2 Agenda Section Meeting Date Prepared by General Business September 19, 2016 Tina Allard, City Clerk Item Description Reviewed by 2016 Tax Forfeitures Cal Portner, City Administrator Reviewed by Action Requested Adopt,by two motions, the following: 1. A resolution approving the classification of tax forfeiture lands and designating the parcels to be sold at auction. 2. A resolution approving acquisition of real property and dispensing with statutory requirements for review by Planning Commission of acquisition. Background/Discussion The city has been notified by Sherburne County of eight parcels forfeited for non-payment of taxes. Options are to approve the parcels for auction or request conveyance to the city. After staff review the following is recommended: 1 18584 Troy Street (75-131-2415) This is a residential property and was reviewed by the Housing and Redevelopment Authority for possible redevelopment potential. They declined it due to high rehabilitation costs and a negative return on investment. Sta f Recommendation--Sell to the public at auction. 2 Kliever Lake Fields East, Outlot C (75-696-0030) This narrow remnant is in a residential area and there are small utilities located on it. Sta f Recommendation—Purchase of this parcel for drainage and utility purposes. 3 Kliever Lake Fields, Second, Outlot C (75-731-0030) Currently a trail connection to Kliever Lake Fields Park. Sta f Recommendation --Purchase of this lot to be maintained as a trail. 4 Twin Lakes Estates, Outlot J (75-735-0055) This is a remnant parcel with no city infrastructure. Sta f Recommendation -- Offer for private sale to adjacent property owner. POWERED 6T Template Updoted 4/14 INAWRE1 5-8 Note: The remainder of these parcels were originally owned by the Twin Lakes Estates Homeowners Association,which went defunct. Twin Lakes Estates, Outlot E (75-735-0030) has storm water infrastructure and a trail. Twin Lakes Estates, Outlot F (75-735-0035), Twin Lakes Estates, Outlot G (75-735-0040), Twin Lakes Estates, Outlot H (75-735-0045) has storm water infrastructure. Sta f Recommendation --Purchase by the city for storm water and trail management. Financial Impact There will be recording fees and costs would come from the Storm Water Management Fund and Park Improvement Fund budgets. Attachments ■ Maps of Parcels ■ Resolution Regarding Classification of Certain Tax Forfeited Land Located within the City of Elk River and Specifying the Parcels to be Sold ■ Approving Acquisition of Real Property and Dispensing with Statutory Requirements for Review by Planning Commission of Acquisition ■ County Letter and Certificate of County Board Classification ■ Tax Forfeiture Basics N:APublic Bodies\Agenda Packets\09-19-2016\Final\x8.2 0 sr Tax Forfeit.docx Jf� Q E€off v U m m - 00 Q' - ❑ ' 2 z MN 15 Ni f 0!' �- +I _ o O a 2 S MN l5 S37dVN 3 z MN i5 S37dVN y 2 O C Q H 2 Z U In z w � � OGUEN ST NW x PASUAL S7� _ d� MN a0 7tlOStld � MN15 N33f10 i Q T��5jaw � � ao RON1a1108 W MN1S AOal y l.)fl 4F. 4 v i Jb� h? o 2 Q - z y. + o ' ct y �,r\}$ t2MN VA y NK ^� �..u........i.................u....u.a •.�.........................u.r 7. _ 1 Beacon Sherburne County, MN Summary 19 Parcel ID 75-131-2415 Parcel n/a x Parcel Type RE Property Address 18584 TROY ST NW,ELK RIVER MN Plat n/a .w; Sec-Twp-Rng Sec.31T33N R26W Legal Description N 20OFT OF S 726.39FT OF E 233FT OF SE 1-4 OF NW 1-4 (Note:Legal descriptions here are for tax purposes only.Do not use them for recording purposes.) Last Recording n/a Date:08/20/2015 s , Class 670 Tax Forfeited-Real Estate/PILT or Sev Min Occupancy NON-HOMESTEAD Deeded Acres 1.06 Tax District ELK RIVER CITY School District 728-ELK RIVER Owner Owner Tax Forfeited Property Residential Style RAMBLER Year Built 1969 Exterior Wall HARDBOARD Area 960 Sq.Ft Bedrooms 0 bsmt,3 main flr,0 upstrs Basement Finished Yes:240 SF Bathrooms 0 bsmt,1 main flr,0 upstrs Air Conditioning No Heating FORCED AI R Fireplaces 0 Gas FP,0 Mason FP Garages 1 Yard Extras CEMENT DRIVEWAY Decking DECKING(260sf) Valuation 2016 Assessment 2015 Assessment 2014 Assessment 2013 Assessment Estimated Land Value $33,700 $32,400 $30,700 $27,800 Estimated Building Value $28,100 $27,100 $25,800 $22,500 Total Estimated Value $61,800 $59,500 $56,500 $50,300 Tax History 2016 Payable 2015 Payable 2014 Payable 2013 Payable Taxable Value $35,700 $33,900 $30,200 $29,500 Net Tax $0.00 $614.74 $561.22 $565.00 Special Assessments $0.00 $257.26 $46.78 $5.00 Princinle Balance of Spec.Assessments $5.00 $5.00 Total Payable $0.00 $872.00 $608.00 $570.00 Penalty Due $0.00 $0.00 $0.00 $0.00 Cost Due&Fees $0.00 $0.00 $0.00 $0.00 Interest Due $0.00 $0.00 $0.00 $0.00 Total Unpaid $0.00 $0.00 $0.00 $0.00 Penalty/Interest amounts are valid only fora limited time.Please call the Auditor/Treasurer to verify amounts due. Pay Taxes Online Click here for General Information&Payment Options For totals and payment information for past due taxes contact Auditor/Treasurer:763-765-4352 Tax Statement 2016 Tax Statement 2015 Tax Statement 2014 Tax Statement "The above tax statement links will open in a pop-up.If they do not open,please disable your pop-up blocker." Photos a�rartma Sketches 75-131-2415 18584 Tray St -------------------------------------------- e Deck e 22' 40.0" 26' v � HSt48'I -Y Clara e a 01 960.0 sf 62x.6 sf N 26' 40.0' No data available for the following modules:Commercial,Other Buildings,Sales. Sherburne County disclaims any and all liability for damages incurred directly or indirectly as a result of errors,omissions or discrepancies and is not responsible for misuse or misinterpretation. Last Data Upload:9/6/201611:20:24 PM 4-1 Developed by Schneider The Schneider Corporation W v ii D m m - ❑ n A 0 4A _ w O ( O 0 ` �. 6s O { e 0� OL r JOHNSON ST NDN z. J azzoL �6az� o U rn i 1 00 = Q 0 6£Z01. 250 _--.--- �.,i 10266• 4 10266 1 16253 _ `t�-- Q Mi. 1 N N O i1 m - �� �-- r � a J 4 0. 4��P MN1`SN70�Nt7 - 9n. Jf� Q H!Nfi o'rT,FL{ f In ❑ uW a > -2 Z v U D m m CL - 00 ra E £ � HO 10-£Za-SL z "" SOZ1-I00-lL HOZI-[PO-SL j _ 006E9£hSL :n ZIZI-LOU-fL 04ZS-[OUSL Q H 6010-£Z$-SL � dk� ti sIZI-[PO-SL IIZI-I00-SL hOIUEZs-SL — i — �' �• ti i I MNl'S3`JOW77M i' III I II I II J A �h5 Z MN NO 3ypW77H ` - ted% 0 MIT, ti Q - b{ l � m¢o-Hsrse � - y \ ,•` 6160-IEL-SL a � �I . ,y, <•b< Hrco-lrL-sz O �sr 3 s�ep'Htzsz JOHNSaNFST N'N, � g n ! z e n aro 9 3 ti° 6U[U869-5L 7s�aa-0lo6 7ivxs�-u��lx rya A10g o/fP, ry0 u CC21 Jc H026-RBy,SL �sry Nbt�30?lNOW NOZo-Ra95L q H c a V 4 ZOZURa9-9L W �4 Q CCS = SC - �� 1� - � aUlO-IIL-SL 4 ei p7,ti r � moi'' _ { MNlS NOXIN NIXON E7 NW 1 N � � b r � Oiy s MN h'l9 NOX1N MN Mp NOXIN o a oa a ti O ib N cq ti O cn moll P O O t ';t aJo . co a o M r• o to J� n Rh M O O � O r` n r. � StiOs�yQn ,JOHNSON ST Nw � ,� �k O a' n O co co N N � W i0 N C 1 O M � N x To \\\\ � a ®=r,•;: 333 zm e ] ; { � pU £ . _ . . � . , »a de■ ,:: . . � , . . . . . »� y \ �/ - «� . �. � . . \Z � % � %y % ■ � B � I a:�acam � 8 7 -gas-ooa � E� 3� ]5-]35-0040 ]5-]35-0035 ]5-]35-0030 034DLV'3m �e e City of Elk River Resolution 16- A Resolution of the City of Elk River Regarding Classification of Certain Tax Forfeited Land Located within the City of Elk River and Specifying the Parcels to be Sold WHEREAS, Sherburne County has determined certain parcels shall be classified as non- conservation land and be put out for public sale; and WHEREAS, Minnesota Statutes, Section 282.01 requires that the classification or reclassification and sale must first be approved by the city in which the lands are located; and WHEREAS, the parcels as identified below: 1. 18584 Troy Street (75-131-2415) does not have a public purpose and is approved for public auction. 2. Kliever Lake Fields East, Outlot C (75-696-0030) is utilized for utilities and drainage and the city requests conveyance of this parcel for authorized public purpose. 3. Kliever Lake Fields, Second, Outlot C (75-731-0030) currently has a trail connection and the city requests conveyance of this parcel for authorized public purpose. 4. Twin Lakes Estates, Outlot J (75-735-0055) does not have a public purpose and is recommended for sale to adjacent property owners. 5. Twin Lakes Estates, Outlot E (75-735-0030) has storm water infrastructure and a trail so the city requests conveyance of this parcel for authorized public purpose. 6. Twin Lakes Estates, Outlot F (75-735-0035) has storm water infrastructure and the city requests conveyance of this parcel for authorized public purpose. 7. Twin Lakes Estates, Outlot G (75-735-0040) has storm water infrastructure and the city requests conveyance of this parcel for authorized public purpose. 8. Twin Lakes Estates, Outlot H (75-735-0045) has storm water infrastructure and the city requests conveyance of this parcel for authorized public purpose. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River,Minnesota, as follows: the City Council hereby approves the classification of the above-described land as non-conservation, authorizes the completion and submittal of NATUREJ CERTIFICATE OF COUNTY BOARD FORFEITED LANDS with the land purposes described above Passed and adopted this 191h day of September 2016. John J. Dietz,Mayor ATTEST: Tina Allard, City NATUREJ City of Elk River Resolution 16- A Resolution of the City of Elk River Approving Acquisition of Real Property and Dispensing with Statutory Requirements for Review by Planning Commission of Acquisition WHEREAS, Sherburne County,per Minn. Stat. §282 has certified certain lands within the City of Elk River as tax forfeited; and WHEREAS, the following parcels are needed to protect storm water infrastructure and trails: ■ Kliever Lake Fields, East, Outlot C (PID 75-696-0030) ■ Kliever Lake Fields, Second, Outlot C (75-731-0030) ■ Twin Lakes Estates, Outlot E (75-735-0030) ■ Twin Lakes Estates, Outlot F (75-735-0035) ■ Twin Lakes Estates, Outlot G (75-735-0040) ■ Twin Lakes Estates, Outlot H (75-735-0045), and WHEREAS, the city has an opportunity to acquire said parcel through the tax-forfeiture laws of the State of Minnesota•, and WHEREAS, Minn. Stat. §462.356, subd. 2 requires the Planning Commission review the city's proposed acquisitions and dispositions of property; and WHEREAS, Minn. Stat. §462.356, subd. 2 provides for an exception from the Planning Commission review requirements upon a 2/3 vote of the City Council dispensing with the requirement and finding that the acquisition of the property has no relationship to the comprehensive municipal plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River,Minnesota, as follows: 1. The City Council finds that the acquisition of said property has no relationship to the comprehensive municipal plan. 2. Review by the Planning Commission of the acquisition of said property is hereby dispensed with. 3. The acquisition as described in this resolution is hereby approved and the Mayor and the City Clerk are authorized and directed to execute all documents, and take all appropriate measures, to acquire said property as allowed by the tax forfeiture laws of the State of Minnesota and as further identified in this NATUREJ Passed and adopted this 191h day of September 2016. John J. Dietz,Mayor ATTEST: Tina Allard, City NATUREI AUG 2 5 201b Sherburne Couiio, , AUDITOR/TREASURER DIANE ARNOLD 13880 Business Center Drive NW Elk River, MN 55330-1692 763-765-4351 1-800-438-0576 Fax: 763-765-4400 Web: www.co.sherburne.inn.us August 24, 2016 To: Town Clerks, City Clerks and Administrators/Chairpersons From: Diane Arnold, Auditor/Treasurer Re: Sale of Tax Forfeited Land Enclosed is a list of tax forfeited land approved for sale by our county commissioners, along with a map of the parcel(s). Some of these parcels may have been offered at a prior sale. There are two sales we would like to have. One, a public sale, these parcels are buildable tracts. Second, a closed bid sale, these parcels are not buildable tracts. The closed bid sale will be offered to adjacent property owners only. Please have your board or council act on the classification and approve or deny the property being sold. The form needs the signatures of your board or council. This must be returned to our office within 60 days. The township and cities do have the option of pulling parcel(s) from our sale, the purpose of which would be for the township or city to purchase the property. Again, please return the signed form within 60 days. If you have any questions, please call Amy at 763-765-4361. Thank you for your attention. enc CERTIFICATE OF COUNTY BOARD OF CLASSIFICATION OF FORFEITED LANDS AS DESCRIBED BY CHAPTER 386, LAWS 1935 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. 75-131-2415 N 200 ft of S 726,39 ft of E 233 ft of SE '/4 of NW 114 31-33-26 75-696-0030 Kliever Lake Fields East Outlot C 75-731-0030 Kliever Lake Fields Second Outlot C 75-735-0030 Twin Lakes Estates Outlot E 75-735-0035 Twin Lakes Estates Outlot F 75-735-0040 Twin Lakes Estates Outlot G 75-735-0045 Twin Lakes Estates Outlot 11 75-735-0055 Twin Lakes Estates Outlot J 1i:\Data\Forfeited Land\Certificate of coiAnty Board SHERBURNE COUNTY RESOLUTION QjQ/ J(p Sherburne County Board of Commissioners WHEREAS,The County Board of Commissioners of the County of Sherburne, State of Minnesota, desires to offer for sale certain parcels of land that have forfeited to the State of Minnesota for non- payment of taxes,and WHEREAS,Said parcels of land have been viewed and have been classified as non-conservation lands, as provided for in Minnesota Statutes 282.01. NOW,THEREFORE, BE IT RESOLVED That the Sherburne County Board of Commissioners hereby certified that all parcels of land on the attached list have been viewed and comply with the ptdvisions of Minnesota Statutes 85.012; 92.461;282.01,8ubd.8; 282.,018 and the 1991 Laws of Minnesota Ch.354, Art. 10 Sec. §,amending M.S.Sec 282.018,Subd. 2 (1990), BE IT FURTHER RESOLVED That the Sherburne County Boa rd of Commissioners hereby request approval from the Minnesota Department of Natural Resources for the sale of said lands. The question was on the adoption of the resolution, and there were 4 YEAS and NAYS as follows: COUNTY OF SHERBURNE BOARD OF COUNTY COMMISSIONERS Yea Nay other Bruce Anderson Ewald Peterson John Rlebel Felix Schmiesing Rachel Leonard Attest: Date: Steve' Taylor Clerk of the County Board In witness whereof we have hereunto subscribed our names this day of 1�z 2016. //A.vv,,JJyy Y Attest: - Auditor/Treasurer, Sherburne, Minnesota esota The foregoing classification and sale is hereby approved.. Dated , 2016, By the To-,',�-n/City Beard of of Sherburne County, Minnesota. 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 title to the land. ■ In 2010 there were legislative changes that allowed new methods of acquisition 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; ■ oudots 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. Notes to self: After the property is recorded, a Statement of Exemption must be filed in order to make sure it is removed from property tax payment by the city. Make sure to have Lori S check on whether any special assessments are owed on these parcels. Send a certified copy of the resolutions to the county auditor.