5.7. SR 05-10-1999
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Item 5.7.
MEMORANDUM
River
TO:
MAYOR AND CITY COUNCIL
STEPHEN ROHLF BUILDING &
ZONING ADMINISTRATOR
DATE: MAY 10,1999 SJ2.
FROM:
SUBJECT: EMINENT DOMAIN PROCEEEDING
PARCELS 75-010-4100 & 75-011-2300
As directed by the Council, the City Attorney has prepared the attached resolution to start
Eminent Domain proceeding on Parcels 75-010-4100 & 75-011-2300. The resolution
authorizes staff to make a purchase offer to the property owner or proceed with Eminent
Domain, if he is unwilling to sell.
A map of the two parcels is attached to this memo. Combined they are 8 acres in size.
Staff feels these properties present an excellent opportunity to fill a need for a area wide
park on the Mississippi River that has been identified in the city's Master Park Plan and
to preserve sensitive lands, also a goal ofthe Park Plan.
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The Park and Recreation Commission will be reviewing the acquisition of these parcels at
their May 12, 1999 meeting. The Planning Commission will consider the issue at their
May 25, 1999 meeting.
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13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 . Fax: (612) 441-7425
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RESOLUTION NO.
CITY OF ELK RIVER
COUNty OF SHERBURNE
STATE OF MINNESOTA
A RESOLUTION OF THE CI1Y COUNCIL OF THE CITY OF ELK RIVER
AUTHORIZING EMINENT DOMAIN AND ACQUISITION OF REAL PROPERTY IN
ACCORDANCE WITH MINN. STAT. i 117.042
RECITAI_~
WHEREAS, the City of Elk River is a statutory city organized and existing under the
laws of the State of Minnesota with all powers, rights and authority ofa statutory city and is a
public body corporate and politic.
WHEREAS, the City of Elk River has the authority to acquire real property by
condemnation in accordance with MiMesota Law including MiM. Stat. ~ 412.211. MiM. Stat.
9i 465,01 and 465.16, and Minn. Stat. t 469.126;
WHEREAS, the City of Elk River adopted the Ellc River 1995 Comprehensive Plan
C'Comprehensive Plan") on December 18, 1995;
WHEREAS. the City of Elk River adopted the Elk River Master Park and Recreation
Plan as an addendum to the 1995 Comprehensive Plan in May, 1997;
WHEREAS. the 1997 Master Park and Recreation Plan identifies the need for an Area
Wide Park in the southeast ponion of the City, along the Mississippi River, and for a trail along
the river with significant associated green space;
WHEREAS. the Master Park and Recreation Plan also identifies a number of park and
recreation goals, including:
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maintaining open space;
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developing and maintaining a trail system and providing active and passive
recreational opportunities~
. developing, preserving and protecting environmental resources such as shoreline,
and restricting alteration of natural contours and soils and removal of natural
vegetation;
. reserving through purchase, easement or dedication public access to waterways~
WHEREAS, the property identified in Exhibit A attached hereto (the "Property") consists
of two undeveloped parcels ofland located along the Mississippi River in the southeast portion of
the City of Elk River;
WHEREAS, all or a portion of the Property is located within sensitive areas subject to
the following ordinances:
. Wild and Scenic River Management Ordinance
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Shoreland Management Ordinance
. Floodplain Management Ordinance
WHEREAS, the location and size of the Property fits the purpose ofan Area Wide Park
as set forth in the Master Park and Recreation Plan. which is an area of natural or ornamental
quality for nature-oriented outdoor recreation such as picnicking. boating, fishing, swimming,
camping and trail use;
WHEREAS, the location of the Property fits the goals of the Master Park and Recreation
Plan to develop a trail along the Mississippi River with significant associated green space and to
establish an Area Wide Park in the southeast portion of the City along the river;
WHEREAS, the Property has recently been significantly altered by significant grading
and vegetation removal activities in violation of the City's Code of Ordinances, including the
ordinances set fonh above;
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WHEREAS, the current condition of the Property is a threat to the water quality of the
Mississippi River, the capacity of the Mississippi River floodplain and the integrity of the
Mississippi River Wild and Scenic River District;
WHEREAS, the City of Elk River deems it necessary and convenient to acquire the
Property for park and trail purposes in order to further the goals and objectives of the Master
Park and Recreation Plan and the 1995 Comprehensive Plan, and to immediately stablize the
Property, remove the existing threat to the Mississippi River, and to bring the Property into
compliance with the City's Code of Ordinances including the City's Wild and Scenic River,
Shore1and and Floodplain Management Ordinances;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River:
1. In order to carry out the purposes and objectives of the 1995 Comprehensive Plan,
the 1997 Master Park and Recreation Plan, and the Elk River City Code of Ordinances, it is
necessary to acquire the Property identified in Exhibit A attached hereto for park and trail
purposes.
2. The acquisition oithe Property by the exercise of the power of eminent domain in
the manner provided for by Minnesota Statutes Chapter 117 serves a public purpose and is
deemed to be necessary to further the objectives of the 1995 Comprehensive Plan, the Master
Park and Recreation Plan. and the Elk River City Code of Ordinances.
3. The City of Elk River deems it necessary for the purposes of providing adequate
park and recreation opportunities. protecting the integrity of the Mississippi River Wild and
Scenic Riverway, shoreland and floodplain, and generally providing for the health. safety, morals
. and welfare of its citizens, to acquire said Property.
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4. Because the condition of the Property is currently in violation of the City's Code
of Ordinances, and in particular the City's ordinances protecting the Mississippi River Wild and
Scenic Riverway, shoreland and floodplain, and is a threat to the water quality of the Mississippi
River, the capacity of the Mississippi River floodplain and the integrity of the Mississippi River
Wild and Scenic Riverway, the City of Elk River deems it necessary to proceed without delay
under Minn. Stat. ~ 117.042 to pay to the owners or into court a sum of money to secure
compensation to the owners of the Property, which amount shall be equal to the City's approved
appraisal value as detennined by City staff.
S. The City of Elk River staff is hereby authorized and directed to execute all
documents and contracts necessary to acquire fee title to the Propeny described in Exhibit A,
which actions include the specific authorization to: (a) obtain appraisals or minimum damage
assessments of the Property to be acquired; (b) make written offers to affected property owners
and negotiate such offers to a successful conclusion; (c) acquire the Property at the appraised
value plus additional damages, ifany, as approved by the City Administrator; and (d) in
circumstances where negotiation proves to be unsuccessful or has already proven to be
unsuccessful, condemn the Propeny under the procedures provided for in applicable MiMesota
Statutes, and in compliance with all requirements of said statutes, using the quick take procedure
set forth in Minn. Stat. ~ 117.042.
6. City of Elk River staft'is further authorized and directed to take all action
necessary to implement this authorization including obtaining appraisals or minimum damage
assessments of the Property to be acquired and retaining legal counsel to assist in commencing
. condemnation. Any actions previously taken by staff in this regard are hereby ratified and
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affirmed.
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The motion for adoption of the foregoing resolution was introduced by Councilmember
and duly seconded by Council member
and upon a vote being taken thereon. the following voted in favor thereof:
and the following voted against the same:
Dated: May 10, 1999
Stephanie A. Klinzing, Mayor
ATTEST:
. Sandra Peine, City Clerk
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SHERBURNE COUNTY SURVEYORS OFFICE
SHERBURNE COUNTY AOMINISTRA nON BUILDING
. KING A VENUE, BOX ,:320
RIVER. MINNESOTA 55330
PHONE' (612) 241-2860
GRAPffiC SCALE
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