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4.9. SR 11-06-2017Request for Action To Item Number Mayor and City Council 4.9 Agenda Section Meeting Date Prepared by Consent November 6, 2017 Tina Allard, City Clerk Item Description Reviewed by 2017 Tax Forfeitures Cal Portner, City Administrator Reviewed by Zack Carlton, Planning Manager Action Requested Adopt, by motion, 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 10 parcels forfeited for non-payment of taxes. Options are to approve the parcels for private sale, public auction or request conveyance to the city. Tax forfeitures are reviewed by multiple departments and their recommendations of properties to be sold or acquired are in the attached resolution. Island View Fifth Addition One parcel, 75-638-0010, is located at the end of Island View Drive and was platted with Island View Fifth Addition. Island View Drive exceeds the maximum length of a cul-de-sac per city code, and when this latest addition was platted the developer provided this parcel as a means of emergency vehicle access between Island View and Ogden Street NW. The parcel was not platted as right-of-way, but includes a 10 foot trail and breakaway barriers for emergency vehicle access. The parcel was not acquired during the platting process, but in order to maintain the connection the parcel should be acquired through tax forfeiture. Twin Lakes Estates Second Addition Six of the 10 forfeited parcels are within the Twin Lakes Estates Second Addition Plat. Of these six, two were required to be deeded to the city following approval of the plat in 2006. Staff recommends acquiring PID 75-768-0050 for park dedication purposes and PID 75-768-0040 for inclusion in the right-of-way for Tyler Street in order to avoid a spite strip. Staff had conversations with the developer in 2013 regarding these parcels and the city received a deed and requested the county auditor/treasurer waive the delinquent taxes as they were required to be deeded to the city in 2006. The taxes were not waived, and the deed was never recorded. Staff also recommends acquiring PID 75-768-0060 as this lot includes stormwater infrastructure and may be needed for a future stream crossing to Miske Meadows. The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity The remaining three lots include stormwater infrastructure owned and maintained by the city, but are protected by drainage and utility easements. At the time this subdivision was platted it was not common for the city to require outlots used for stormwater. Staff does not recommend acquiring these lots as they our access is protected by easements over the entirety of the lots. The remaining parcels are beyond the plats of Twin Lakes Estates and Island View and hold no benefit to the city. Staff does not recommend acquisition by the city. Review Period This item must be acted on by November 19, 2017. Financial Impact  All parcels will have nominal recording fees and state deed taxes.  The four parcels acquired for maintenance of stormwater infrastructure must be purchased. Costs to purchase them total $1,700.  Funds will come from the Stormwater Management Fund and Park Improvement Fund budgets. Attachments  Resolution Regarding Classification of Certain Tax Forfeited Land Located within the City of Elk River and Specifying the Parcels to be Sold  Resolution Approving Acquisition of Real Property and Dispensing with Statutory Requirements for Review by Planning Commission  Tax Forfeiture Basics  Parcel Maps Resolution 17-____ 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 Elk River City Council approves the following: PID 75-128-3209 Private sale to adjacent property owners 75-432-0025 nd Ridgewood East 2 Addition Private sale to adjacent property owners Outlot E 75-432-0101 nd Ridgewood East 2 Addition Public sale Lot 1, Block 1 75-638-0010 th Island View 5 Addition Conveyance to city as a park trail Outlot A 75-768-0010 nd Twin Lakes Estates 2 Addition Public sale, the city’s interests are preserved by drainage Outlot A and utility easements. 75-768-0020 Twin Lakes Estates 2nd Addition Public sale, the city’s interests are preserved by drainage Outlot B and utility easements. (75-768-0030) Twin Lakes Estates 2nd Addition Public sale, the city’s interests are preserved by drainage Outlot C and utility easements. (75-768-0040) Twin Lakes Estates 2nd Addition Conveyance to city for inclusion in Tyler Street right-of- Outlot D way, as required in original approvals from 2006. (75-768-0050) Twin Lakes Estates 2nd Addition Conveyance to city for use as a park, as required in original Outlot E approvals from 2006. (75-768-0060) Twin Lakes Estates 2nd Addition Conveyance to city for drainage and utility infrastructure Outlot F and maintenance, and possible use in future road improvements. 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 the Certificate of County Board Forfeited Lands with the land purposes described above. th Passed and adopted this 6 day of November, 2017. John J. Dietz, Mayor ATTEST: Tina Allard, City Clerk Resolution 17-____ A Resolution of the City of Elk River Approving Acquisition of Real Property and Dispensing with Statutory Requirements for Review by Planning Commission 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, park land, and right- of-way access: th  Island View 5 Addition, Outlot A (75-638-0010)  Twin Lakes Estates 2nd Addition, Outlot D (75-768-0040)  Twin Lakes Estates 2nd Addition, Outlot E (75-768-0050)  Twin Lakes Estates 2nd Addition, Outlot F (75-768-0060, and WHEREAS, the city has an opportunity to acquire said parcels 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 Resolution. th Passed and adopted this 6 day of November, 2017. John J. Dietz, Mayor ATTEST: Tina Allard, City Clerk 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;  outlots 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. 18 8.1 © Bolton & Menk, Inc - Web GIS 0 Legend 4.9 @ 75-128-3209 This drawing is neither a legally recorded map nor a survey and is not intended to be used as one. This drawing is a compilation of records, information, and data located in various city, county, and state offices, and other sources affecting the area shown, and is to be used for reference purposes only. The City of Elk River is not responsible for any inaccuracies herein contained. Disclaimer: 10/26/2017 8:59 AM 132 Feet City Limits Urban Service Area Parcels (1-24-2017) Park Areas 18 8.1 © Bolton & Menk, Inc - Web GIS 0 Legend 4.9 @ 75-432-0025 This drawing is neither a legally recorded map nor a survey and is not intended to be used as one. This drawing is a compilation of records, information, and data located in various city, county, and state offices, and other sources affecting the area shown, and is to be used for reference purposes only. The City of Elk River is not responsible for any inaccuracies herein contained. Disclaimer: 10/26/2017 9:05 AM 132 Feet City Limits Urban Service Area Parcels (1-24-2017) Park Areas 10/18/2017 Beacon - Sherburne County, MN https://beacon.schneidercorp.com/Application.aspx?AppID=133&LayerID=1600&PageTypeID=4&PageID=832&Q=1133385936&KeyValue=75-432-0025 1/2 Sherburne County, MN Parcel ID 75-432-0025 Parcel n/a Parcel Type RE Property Address Plat 432-RIDGEWOOD EAST 2ND ADDITION Sec-Twp-Rng Sec.27 T33N R26W Legal Description OUTLOT E (Note: Legal descriptions here are for tax purposes only. Do not use them for recording purposes.) Last Recording A 574681 Date: 01/06/2005 Class 670-Tax Forfeited-Real Estate/PILT or Sev Min Occupancy NON-HOMESTEAD Deeded Acres 0.10 Tax District ELK RIVER CITY School District 728 - ELK RIVER Owner Tax Forfeited Property Type Total Size Year Built STORAGE SH 192    2017 Assessment 2016 Assessment 2015 Assessment 2014 Assessment Estimated Land Value $500 $500 $400 $400 Estimated Building Value $1,800 $1,800 $1,800 $1,700 Total Estimated Value $2,300 $2,300 $2,200 $2,100  2017 Payable 2016 Payable 2015 Payable 2014 Payable Taxable Value $2,300 $2,200 $2,100 $400 Net Tax $0.00 $36.00 $36.00 $8.00 Special Assessments $0.00 $0.00 $0.00 $0.00 Principle Balance of Spec. Assessments      Total Payable $0.00 $36.00 $36.00 $8.00 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 for a limited time. Please call the Auditor/Treasurer to verify amounts due. Click here for General Information & Payment Options For totals and payment information for past due taxes contact Auditor/Treasurer: 763-765-4352 2017 Tax Statement 2016 Tax Statement 2015 Tax Statement "The above tax statement links will open in a pop-up. If they do not open, please disable your pop-up blocker." Summary Owner Other Buildings Valuation Tax History Pay Taxes Online Tax Statement 10/18/2017 Beacon - Sherburne County, MN https://beacon.schneidercorp.com/Application.aspx?AppID=133&LayerID=1600&PageTypeID=4&PageID=832&Q=1133385936&KeyValue=75-432-0025 2/2 No data available for the following modules: Residential, Commercial, Sales, Sketches. Photos 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: 10/18/2017 5:38:23 AM Developed by The Schneider Corporation  18 8.1 © Bolton & Menk, Inc - Web GIS 0 Legend 4.9 @ 75-432-0101 This drawing is neither a legally recorded map nor a survey and is not intended to be used as one. This drawing is a compilation of records, information, and data located in various city, county, and state offices, and other sources affecting the area shown, and is to be used for reference purposes only. The City of Elk River is not responsible for any inaccuracies herein contained. Disclaimer: 10/26/2017 9:12 AM 132 Feet City Limits Urban Service Area Parcels (1-24-2017) Park Areas 18 8.1 © Bolton & Menk, Inc - Web GIS 0 Legend 49 @ 75-638-0010 This drawing is neither a legally recorded map nor a survey and is not intended to be used as one. This drawing is a compilation of records, information, and data located in various city, county, and state offices, and other sources affecting the area shown, and is to be used for reference purposes only. The City of Elk River is not responsible for any inaccuracies herein contained. Disclaimer: 10/26/2017 10:30 AM 132 Feet City Limits Urban Service Area Parcels (1-24-2017) Park Areas 37 6.2 © Bolton & Menk, Inc - Web GIS 0 Legend 49 @ 75-768-0010 This drawing is neither a legally recorded map nor a survey and is not intended to be used as one. This drawing is a compilation of records, information, and data located in various city, county, and state offices, and other sources affecting the area shown, and is to be used for reference purposes only. The City of Elk River is not responsible for any inaccuracies herein contained. Disclaimer: 10/26/2017 10:28 AM 263 Feet City Limits Urban Service Area Parcels (1-24-2017) Park Areas 37 6.2 © Bolton & Menk, Inc - Web GIS 0 Legend 4.9 @ 75-768-0020 This drawing is neither a legally recorded map nor a survey and is not intended to be used as one. This drawing is a compilation of records, information, and data located in various city, county, and state offices, and other sources affecting the area shown, and is to be used for reference purposes only. The City of Elk River is not responsible for any inaccuracies herein contained. Disclaimer: 10/26/2017 10:13 AM 263 Feet City Limits Urban Service Area Parcels (1-24-2017) Park Areas 37 6.2 © Bolton & Menk, Inc - Web GIS 0 Legend 75-768-0030 This drawing is neither a legally recorded map nor a survey and is not intended to be used as one. This drawing is a compilation of records, information, and data located in various city, county, and state offices, and other sources affecting the area shown, and is to be used for reference purposes only. The City of Elk River is not responsible for any inaccuracies herein contained. Disclaimer: 10/26/2017 10:16 AM 263 Feet City Limits Urban Service Area Parcels (1-24-2017) Park Areas 37 6.2 © Bolton & Menk, Inc - Web GIS 0 Legend 49 @ 75-768-0040 This drawing is neither a legally recorded map nor a survey and is not intended to be used as one. This drawing is a compilation of records, information, and data located in various city, county, and state offices, and other sources affecting the area shown, and is to be used for reference purposes only. The City of Elk River is not responsible for any inaccuracies herein contained. Disclaimer: 10/26/2017 10:20 AM 263 Feet City Limits Urban Service Area Parcels (1-24-2017) Park Areas 37 6.2 © Bolton & Menk, Inc - Web GIS 0 Legend 49 @ 75-768-0050 This drawing is neither a legally recorded map nor a survey and is not intended to be used as one. This drawing is a compilation of records, information, and data located in various city, county, and state offices, and other sources affecting the area shown, and is to be used for reference purposes only. The City of Elk River is not responsible for any inaccuracies herein contained. Disclaimer: 10/26/2017 10:24 AM 263 Feet City Limits Urban Service Area Parcels (1-24-2017) Park Areas 37 6.2 © Bolton & Menk, Inc - Web GIS 0 Legend 4.9 @ 75-768-0060 This drawing is neither a legally recorded map nor a survey and is not intended to be used as one. This drawing is a compilation of records, information, and data located in various city, county, and state offices, and other sources affecting the area shown, and is to be used for reference purposes only. The City of Elk River is not responsible for any inaccuracies herein contained. Disclaimer: 10/26/2017 9:21 AM 263 Feet City Limits Urban Service Area Parcels (1-24-2017) Park Areas