7.8. SR 05-18-2020
Request for Action
To Item Number
Mayor and City Council 7.8
Agenda Section Meeting Date Prepared by
Public hearings May 18, 2020 Zack Carlton, Planning Manager
Item Description Reviewed by
Easement Vacation: Twin Lakes Road & 175th Cal Portner, City Administrator
Avenue, Community Housing Development
Reviewed by
Corporation
Peter Beck, City Attorney
Action Requested
Adopt, by motion, a resolution vacating a portion of the right-of-way
th
at the corner of Twin Lakes Road and 175 Ave NW, with the
following conditions:
1. The applicant must prepare and record easement providing
th
access to the watermain beneath 175 Ave NW.
Approve, by motion, a quit claim deed transferring the city’s interest
in the vacated area to the adjacent property owner.
Review the conceptual development and provide informal, non-
binding, feedback for the applicant.
If the City Council supports project:
Adopt, by motion, a resolution of support for the project and the
applicant’s state tax credit application.
Background/Discussion
The applicant, Community Housing Development Corporation,
proposes to construct a 55-unit apartment building in the FAST –
Hillside Estates zoning district at the corner of Twin Lakes Road and
th
175 Avenue. The property is zoned FAST – Hillside Estates and
supports high density residential uses, including apartment buildings.
The Comprehensive Plan also guides the property for high-density residential uses, consistent with the
comprehensive plan. The proposal includes two phases with similar style apartment buildings. The
Comprehensive Plan, zoning map, and housing study support the proposed use and location. To support
the use, the applicant has requested vacating a portion of the right-of-way at the corner of the property.
The right-of-way follows the former roadway alignment, but the right-of-way no longer supports roadway
or utility infrastructure. The vacation would support the conceptual use, or any other future use of the
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires prosperity
th
property. Elk River Municipal Utilities has a 10-inch watermain along 175 Avenue, and staff has
included a condition requiring the applicant to prepare and record an easement preserving maintenance
access to the utility line.
th
In addition to the resolution vacating portions of the right-of-way at Twin Lakes Road and 175 Ave,
staff is also requesting approval of a quit claim deed transferring city interest in the vacated area to the
adjacent property owner.
Resolution of Support
The applicant has requested that if the City Council supports the proposed use they vote on a resolution
of support. The applicant will utilize state tax credit funding for the project which requires a resolution of
support from the City Council.
The resolution does not approve the project and the city will not be required to approve future land use
applications for the site should Council adopt the resolution.
Tax Increment Financing
The applicant has also submitted a separate application for a 25 year $810,000 TIF application. This
application will be reviewed separately and supporting the conceptual apartment project does not require
support for the TIF application.
Financial Impact
The applicant has requested a 25 year $810,000 pay as you go tax increment financing application.
Attachments
Location Map
Applicants Narrative
Conceptual site plan and renderings
Vacation Exhibit received May 14, 2020
Resolution Vacating City Right-of-Way
Quit Claim Deed
Resolution supporting the project
Letter of support dated May 18, 2020
C:\\Users\\jmiller\\AppData\\Local\\Microsoft\\Windows\\INetCache\\Content.Outlook\\MAFZRF0G\\7.8 sr CHDC Easement Vacation.docx
Description of Project Narrative
Detailed description/scope of project.
As guided in the FAST plan, Community Housing Development Corporation (CHDC) proposes to
develop two three-story new construction affordable apartment buildings on the Southeast corner of
Twin Lakes Road NW and 175th Ave NW in Elk River in two phases. The apartment buildings will
consist of approximately 55 units each with a mix of one, two and three bedroom units and surface
and underground parking spaces. Common amenities will likely include storage, roof decks, fitness /
physical therapy room, library, community room, patio area, ball court, playground and community
garden.
Hillside Heights Apartments is an alternative development concept anticipated to serve subsidized
households, families and senior active adults. CHDC has had success developing multi -generational
housing and has seen positive outcomes including reduced loneliness and increased security and
youth enrichment.
What is the purpose of the Easement Vacation? What is being proposed?
As shown in the attached site plan, CHDC will build a corner of the building in the vacated area,
opening up site space and circulation for a second building, site amenities and parking. It is the key
that unlocks the site.
The vacation makes it possible for the development to accomplish all the planning and zoning
objectives for the 1751h Avenue and Twin Lakes Road site in FAST Hillside Heights subarea
including:
• Density at 26 units/acre. (page 38)
• Attractive, activated corner, streetscape and pedestrian connection along Twin Lakes
Parkway. (pages 55-57)
How is the request consistent with City of Elk River Comprehensive Plan?
The vacation is necessary to develop the site that is consistent with the comprehensive plan in the
following ways:
Provide more housing type choices for the growing number of families in Elk River. "As the
percentage of `family households' increased more substantially between 2000 and 2010 than
the County and the State." (page 70)
Diversify the housing types. "As of 2010, 80% perfect of the housing units in Elk River were
owner occupied." and "...it is important for communities to have a mixture of both owner -
occupied and renter -occupied units." (page 71)
Create 55 units of housing for individuals and families at 50% of the area median income.
"In 2010, 40.7% of renters paid over 30% of their household income in rent..." meaning that
they are rent burdened. (page 73)
Help meet the demand of "the strong need to provide affordable housing for people of all
ages." (page 78)
Provide stable, affordable senior housing for "the notable increase in apartment rental needs
in Elk River by members of the baby boom generation." (page 78)
Provide 55 units of affordable housing within a half mile of the Northstar Commuter Rail
Station. "Affordable housing is important to a strong economy and a healthy community."
(page 79)
What has changed to warrant the Easement Vacation?
CHDC entered into a purchase agreement for the site in February 2020 with the goal of
redeveloping the land as guided in the FAST Plan.
It needs site control of the corner in order to apply for the capital funding it needs from the state in
July, 2020.
CHDC is a developer and owner of affordable multifamily housing. Its mission is to sustain high -
quality and affordable homes, to enhance the community over the long term, and to create and
maintain healthy living. CHDC owns approximately 44 properties, comprised of more than 3,600
housing units. It takes a unique, businesslike approach to affordable housing by keeping overhead
costs small and structuring its properties and operations to be financially self-sustaining over the
long term. Founded in 1991, CHDC has provided stability to Minnesota residents and communities
for more than 25 years as a developer and owner.
How compatible is it with surrounding properties?
The proposed apartment building is compatible with the office building to its northwest and with
the multifamily developments to its south surrounding the Elk River Northstar Commuter Rail
Station.
The development's other neighbors are single family homes and open spaces. However, in addition
to the compatibilities described in the second section above, the proposed site plan is compatible
with the guidance in the Hillside Heights subarea in the FAST Plan including:
• Stacked three story residential. (page 38)
• A variety of housing options. (page 55)
• Innovative stormwater practices (considering permeable paving, rain gardens, underground
tanks) and energy generation (considering geothermal, solar ready). (page 59)
• Open space connections and views. (pages 41, 46, 55)
• Landscape buffers. (pages 41, 46)
• Paths and crosswalk to the commuter rail station. (page 40)
The DNR must by notified and provide comment if adjacent to water.
Not applicable
What are the benefits to the City?
• Significantly increases the city's tax base —from $4,480 currently to an estimated $40,108.
• Increases the number and diversity of jobs that offer stable employment and/or attractive
wages and benefits.
o The building will employ at least two on -site property management staff with salaries
estimated to be around $50,000 each.
o The project will create 150 temporary construction jobs at an estimated $51.00 per
hour.
• Rehabilitates a high profile, priority site as identified in the FAST Plan.
• Furthers the housing needs identified in the city's 2018 housing study.
CHDC intends to own the development indefinitely. It will be a good neighbor and ensure
the development remains a community asset for decades to come.
9�g t ' o •
o,.
Iry
tf
LLJ
K
4ti F r
U z' i v- ��
w
iJ L IL L, l
dm
W
U
u
d
0
w n
> III
~ U z
w O
n U
c. }
w Q
� z
w :i�
z J
rr, w
O
U n
ry
w
U
0
u
0
ry
w
U
0
u
0
n
w
U
w z
> O
rr, U
0 rr,
w Q
U z
Q
� J
� W
111 0 n
ry
A
w
U
0
u
0
RIGHT—OF—WAY VACATION EXHIBIT
-„' ITI 11"'�-^T nl '- �) L_F 175TH AVENUE NORTHWEST
CENTERLINE OF 775TH LINE OF EXISTING
,--NORTH
AVENUE-N.W. . AND OF TYLER / RIGHT-OF-WAY PER DOC.
STREET N. W. PER DOC. NO. 'S ,l N0. 'S 597343 & 699754
597343 &` 699754-----_
I
\�
-SOUTH 44J E OF EXISTING
DOC.
,RIGH T WA Y PER
AAllAA1IRR
". 597343 & 699754 ,•.
U_ '11111l
Lli
W L, + -
t s
O �
J � W
~
-/11
W
ITI l IA Fh)Tr-)
-POINT OF �F
BEGINNING OF �, N o
O W \
- *;4 RI GH T- OF- WA Y
Q'
VA CATION AREA - - _
-
rx
-�5-------------- 474.61------------------------
t!) S� Z o
o a -4AST LINE OF EXISTING
ill d
Y
N RIGHT-OF-WAY PER DOC. -,
NC 597343 & 699754
_I LQ Uj
/l r- ^ C-/N 7
LQ
--S W • CORNER OF THEi S. W. 114 r n
OF' 'THE 5;, 114 OF SEC. 2 3
I /
N
•�
SUMMARY
I hereby certify that this survey, plan, or VACATION AREA
report was prepared by me or
under my 16,338 sq. ft. / 0.3751 acres
supervision and that I am a
duly Licensed
Land Surveyor under the laws of the State
of Minnesota.
LEGEND
Date: April 28, 2020
® DENOTES AREA TO BE VACATED FROM 0 100
QUIT CLAIM DEED DOC. NO. 699754
DENOTES AREA TO BE VACATED FROM
Christopher A. Terwedo
® WARRANTY DEED DOC. NO. 597343 SCALE IN FEET
Minnesota License No. 53536
RIGHT-OF-WAY VACATION EXHIBIT FOR:
1229 Tyler Street NE, Suite 100
Community Housing
- MNLMinneapolis, Minnesota 55413
Development Corporation
�� PHONE: (612) 466-3300
FAX: (612) 466-3383
SITE LOCATION: 17451 Twin Lakes Road NW
Egan, Field £r Nowak(, Inc. WWWE-FNSURVEY.COM
Elk River, MN
55330
COPYRIGHT® 2020 By EGAN, FIELD & NOWAK, INC.
Land surveyors since 1872
FILE NO. 5028 DRAWING NAME: 39002 RW Vacation - Aerial.dwg SHEET 2 OF 2
City of
Elk
River
Resolution 20 -
A Resolution of the City of Elk River Vacating and Conveying Right -of -Way
to William and Geraldine Graham
WHEREAS, an application was made by the adjacent property owner to vacate that
portion of the Twin Lakes Road and 175th Avenue NW right-of-way
described in Exhibit A, attached hereto; and
WHEREAS, vacation of the right-of-way described is appropriate to establish consistency
in the right-of-way along Twin Lakes Road and 175th Avenue NW and to
accommodate future development of the property consistent with the
Comprehensive Plan; and
WHEREAS, the petitioner has requested a quit claim deed to convey any remaining city
interest in the vacated right-of-way to the adjacent parcel; and
WHEREAS, the City Council has determined that vacation and transfer of that portion of
the Twin Lakes Road and 1751h Avenue NW right-of-way described in
Exhibit A has no impact on, or relationship to the Comprehensive Plan; and
WHEREAS, a public hearing was held on May 18, 2020, before the City Council of the
City of Elk River on the petition after published and posted notice had been
given, and all persons interested were given an opportunity to be heard at the
public hearing.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk
River, Minnesota, as follows:
1. The city's interest in that portion of the Twin Lakes Road and 175th Avenue NW
right-of-way described in Exhibit A is hereby vacated.
2. The Mayor and City Clerk are authorized to execute a quit claim deed conveying any
remaining interest of the city in the area vacated to the adjoining landowners,
William and Geraldine Graham.
Passed and adopted this 181h day of May 2020.
John J. Dietz, Mayor
ATTEST:
Tina Allard, City Clerk
Exhibit A
RIGHT-OF-WAY VACATION EXHIBIT
A vacation over, under, and across that part of the Right -of -Way as described in Document Number 699754, being
described as follows:
That part of the West 474.61 feet of the Southwest Quarter of the Southeast Quarter of Section 2, Township 32,
Range 26, Sherburne County, Minnesota, that lies North of the following described line:
Commencing at the Southwest comer of said Southwest Quarter of the Southeast Quarter; thence North along the
West line thereof for 755.00 feet to the actual point of beginning of the line to be hereby described; thence East
at right angles for 474.61 feet and there terminating.
And that lies Easterly and Southerly of the following described centerline:
Commencing at the Southwest comer of said Southwest Quarter of the Southeast Quarter; thence South 89
degrees, 37 minutes, 23 seconds West, assumed bearing, along the South line of the Southwest Quarter of said
Section 2 for 293.37 feet; thence North 0 degrees, 22 minutes, 37 seconds West for 33.00 feet to a point to be
hereafter known as Point "A" for the purposes of this description; thence South 89 degrees, 37 minutes, 23
seconds West parallel with said South line of the Southwest Quarter for 434.95 feet, more or less, to intersect the
Northeasterly line of the right-of-way of the Burlington Northern Railroad Company at the actual point of beginning
of the centerline to be hereby described; thence return North 89 degrees, 37 minutes, 23 seconds East to said
Point "A"; thence Northeasterly and Northerly along a tangential curve to the left, radius 299.87 feet, for a central
angle of 88 degrees, 42 minutes, 19 seconds, and a length of 464.26 feet; thence North 0 degrees, 55 minutes,
04 seconds East tangent to said curve for 554.93 feet; thence Northeasterly and Easterly along a tangential curve
to the right, radius 317.09 feet, for a central angle of 86 degrees, 49 minutes, 40 seconds, and a length of
480.53 feet; thence North 87 degrees, 44 minutes, 44 seconds East tangent to said curve for 2301.27 feet, more
or less, to intersect with and terminate at the East line of said Southeast Quarter of Section 2 at a point thereon
a distance of 17.31 feet south of the Northeast corner of the South Half of said Southeast Quarter.
ALONG WITH:
A vacation over, under, and across that part of the following described property as described in Document Number
597343:
That part of the West 474.61 feet of the Southwest Quarter of the Southeast Quarter of Section 2, which lies
Westerly and Northwesterly of the following described line:
Commencing at the Southwest comer of said Southwest Quarter of the Southeast Quarter; thence South 89
degrees, 37 minutes, 23 seconds West, assumed bearing, along the South line of the Southwest Quarter of sold
Section 2 for 293.37 feet; thence North 0 degrees, 22 minutes, 37 seconds West for 33.00 feet to a point to be
hereafter known as Point "A" for the purposes of this description; thence South 89 degrees, 37 minutes, 23
seconds West parallel with said South line of the Southwest Quarter for 434.95 feet, more or less, to intersect the
Northeasterly line of the right-of-way of the Burlington Northern Railroad Company at the actual point of beginning
of the centerline to be hereby described; thence return North 89 degrees, 37 minutes, 23 seconds East to said
Point "A"; thence Northeasterly and Northerly along a tangential curve to the left, radius 299.87 feet, for a central
angle of 88 degrees, 42 minutes, 19 seconds, and a length of 464.26 feet; thence North 0 degrees, 55 minutes,
04 seconds East tangent to said curve for 554.93 feet; thence Northeasterly and Easterly along a tangential curve
to the right, radius 317.09 feet, for a central angle of 86 degrees, 49 minutes, 40 seconds, and a length of
480.53 feet; thence North 87 degrees, 44 minutes, 44 seconds East tangent to said curve for 2301.27 feet, more
or less, to intersect with and terminate at the East line of said Southeast Quarter of Section 2 at a point thereon
a distance of 17.31 feet south of the Northeast corner of the South Half of said Southeast Quarter.
Said Right -of -Way to be vacated is more specifically described as follows:
Commencing at the southwest corner of the Southwest Quarter of the Southeast Quarter of Section 2, Township
32, Range 26, Sherburne County, Minnesota; thence North 01 degree 17 minutes 13 seconds East, assumed bearing,
along the west line of the Southwest Quarter of said Southeast Quarter, a distance of 755.00 feet; thence South
88 degrees 42 minutes 47 seconds East, perpendicular to said west line, a distance of 31.95 feet to the existing
Right -of -Way as described in said Document No.'s 699754 and 597343; thence North 01 degree 16 minutes 46
seconds East, a distance of 126.09 feet, along said existing Right -of -Way to the point of beginning of the
Right -of -Way to be vacated; thence 268.48 feet along a tangential curve concave to the west, having a radius of
2848.71 and a central angle of 05 degrees 23 minutes 59 seconds; thence North 88 degrees 06 minutes 26
seconds East, not tangent to last said curve, a distance of 281.44 feet; thence 430.52 feet along a
non -tangential curve concave to the southeast having a radius of 284.09 feet, a central angle of 86 degrees 49
minutes 40 seconds, and a chord which bears South 44 degrees 41 minutes 36 seconds West to the point of
RIGHT-OF-WAY VACATION EXHIBIT FOR:
1229 Tyter Street NE, Suite 100
Community Housing
Minnesota 13
MIn�ONE:
Development Corporation
i.�
(612) 46300
FAX: (612) 4663383
SITE LOCATION:17451 Twin Lakes Road NW
Egan, Fletd 5 Nowak, Inc.
WWW.EFNSURVEY.COM
Elk River, MN 55330
COPYfEGHT o 2020 By EGM, FIELD a Nrui Di, INM
land surveyors aloes 1872
FILE NO. 5099
nRAWIN[:NAMF• iann7 Rw vn n+inn riwn eue . nr n
Exhibit A
RIGHT-OF-WAY VACATION
^n1 ,TI „r IA�TER 175TH AVENUE NORTHWEST
_L/uIrl rr _)I WLJ IL
CENTERLINE OF 1757H 1——EXISTING RIGHT—OF—WAY
AVENUE N.W. AND OF TYLER PER DOC. NO.'S 597343
STREET N.W. PER DOC. NO.'S j & 699754
kt q g7w'98 "E 281.44
SOUTH LINE OF EXIS77NG
RIGHT—OF—WAY PER DOC
NO.'S 597343 & 699754
�N
11 I 1--POINT OF VUTrler :T �ur�h'TCR I
BEGINNING OF W d' Q
�• RIGHT—OF—WAY �_--
VACATION AREA
--TIT ------------- 47IL61 ------------------------
010 v 1--EAST LINE OF EXISTNG
N I RIGHT—OF—WAY PER DOC.
NO.'S 597343 & 699754
t?_
— S88 42'471E
)31.95
-S. W. CORNER OF THE S. W. 114
2 OF THE S.E. 114 OF SEC. 2
RIIMMORY
I hereby certify that this survey, plan, or VACATION AREA
report was prepared by me or under my 15.338 sq. ft. / 0.3751 acres
supervision and that I am a duly Licensed
Land Surveyor under the laws of the State
of Minnesota. LEGEND
Date: April 27, 2020 OU��CADCOA9 540M�0
® CLAIM AREA
DON69® DENOTES AREA TO BE VACATED FROM
Christopifer A. Terwedo WARRANTY DEED DOC. NO. 597343 SCALE IN FEET
Minnesota License No. 53536
RIGHT-OF-WAY VACATION EXHIBIT FOR:
1229 Tyter Street NE, Suite 100
Community Housing MInPFIONE: (612) 4B Minnesota 05413
Development Corporation a� PHONE:
FAX: : (61 ) 466- 3
6-3383
SITE LOCATION: 17451 Twin Lakes Road NW Egan, Fletd & Nowak, Inc. WWW.EFNSL1RVEY.COM
Elk River, MN 55330 caaxaolT0 2020 By ECAN, FIELD • NOWAK, INC.lantl surveyors since 1872
FILE NO. 509A nRAWINr_NAUr- 'Sann') RW Vnrn#inn lion curry n — n
(Top 3 inches reserved for recording data)
QUIT CLAIM DEED Minnesota Uniform Conveyancing Blanks
Business Entity to Individuals) Form 10.3.4 (2011)
DEED TAX DUE: $
FOR VALUABLE CONSIDERATION, The City of Elk River
DATE:
(insert name of Grantor)
a Minnesota Municipal Corporation under the laws of Minnesota
hereby conveys and quitclaims to William A. Graham and Geraldine K. Graham
(insert name of each Grantee)
real property in Sherburne
See attached Exhibit A
County, Minnesota, legally described as follows:
Check here if all or part of the described real property is Registered (Torrens) ❑
together with all hereditaments and appurtenances belonging thereto.
Check applicable box:
M The Seller certifies that the Seller does not know of any wells on
the described real property.
❑ A well disclosure certificate accompanies this document or has
been electronically filed. (If electronically filed, insert WDC
number: )
❑ 1 am familiar with the property described in this instrument and
I certify that the status and number of wells on the described
real property have not changed since the last previously filed
well disclosure certificate.
Grantor
The City of Elk River
(name of Grantor)
By:
(signature) John J. Dietz
Its: Mayor
(type of authority)
By:
(signature) Tina Allard
Its: City Clerk
(type of authority)
(monthldaylyear)
("Grantor"),
("Grantee"),
Page 1 of 2
Page 2 of 2
Minnesota Uniform Conveyancing Blanks Form 10.3.4
State of Minnesota, County of Sherburne
This instrument was acknowledged before me on , by John J. Dietz
(monthlday/year) (name of authorized signer)
and by Tina Allard
as City Clerk
(type of authority)
(Stamp)
THIS INSTRUMENT WAS DRAFTED BY:
(insert name and address)
The City of Elk River
13065 Orono Parkway
Elk River MN 553330
as Mayor
(type of authority)
(name of authorized signer)
of The City of Elk River
(name of Grantor)
(signature of notarial officer)
Title (and Rank):
My commission expires:
(monthldaylyear)
TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS
INSTRUMENT SHOULD BE SENT TO:
(insert legal name and residential or business address of Grantee)
William and Geraldine Graham
17451 Twin Lakes Road NW
Elk River, MN 55330
Exhibit A
That part of the West 474.61 feet of the Southwest Quarter of the Southeast Quarter of Section
2, Township 32, Range 26, Sherburne County, Minnesota, that lies North of the following
described line:
Commencing at the Southwest corner of said Southwest Quarter of the Southeast Quarter;
thence North along the West line thereof for 755.00 feet to the actual point of beginning of
the line to be hereby described; thence East at right angles for 474.61 feet and there
terminating.
And that lies Easterly and Southerly of the following described centerline:
Commencing at the Southwest corner of said Southwest Quarter of the Southeast Quarter;
thence South 89 degrees, 37 minutes, 23 seconds West, assumed bearing, along the South
line of the Southwest Quarter of said Section 2 for 293.37 feet; thence North O degrees, 22
minutes, 37 seconds West for 33.00 feet to a point to be hereafter known as Point "A" for
the purposes of this description; thence South 89 degrees, 37 minutes, 23 seconds West
parallel with said South line of the Southwest Quarter for 434.95 feet, more or less, to
intersect the Northeasterly line of the right-of-way of the Burlington Northern Railroad
Company at the actual point of beginning of the centerline to be hereby described; thence
return North 89 degrees, 37 minutes, 23 seconds East to said Point "A"; thence
Northeasterly and Northerly along a tangential curve to the left, radius 299.87 feet, for a
central angle of 88 degrees, 42 minutes, 19 seconds, and a length of 464.26 feet; thence
North O degrees, 55 minutes, 04 seconds East tangent to said curve for 554.93 feet; thence
Northeasterly and Easterly along a tangential curve to the right, radius 317.09 feet, for a central
angle of 86 degrees, 49 minutes, 40 seconds, and a length of 480.53 feet; thence North 87
degrees, 44 minutes, 44 seconds East tangent to said curve for 2301.27 feet, more or less, to
intersect with and terminate at the East line of said Southeast Quarter of Section 2 at a point
thereon a distance of 17.31 feet south of the Northeast corner of the South Half of said
Southeast Quarter.
ALONG WITH:
That part of the West 474.61 feet of the Southwest Quarter of the Southeast Quarter of Section
2, which lies Westerly and Northwesterly of the following described line:
Commencing at the Southwest corner of said Southwest Quarter of the Southeast Quarter;
thence South 89 degrees, 37 minutes, 23 seconds West, assumed bearing, along the South
line of the Southwest Quarter of said Section 2 for 293.37 feet; thence North O degrees, 22
minutes, 37 seconds West for 33.00 feet to a point to be hereafter known as Point "A" for
the purposes of this description; thence South 89 degrees, 37 minutes, 23 seconds West
parallel with said South line of the Southwest Quarter for 434.95 feet, more or less, to
intersect the Northeasterly line of the right-of-way of the Burlington Northern Railroad
Company at the actual point of beginning of the centerline to be hereby described; thence
return North 89 degrees, 37 minutes, 23 seconds East to said Point "A"; thence
Northeasterly and Northerly along a tangential curve to the left, radius 299.87 feet, for a
central angle of 88 degrees, 42 minutes, 19 seconds, and a length of 464.26 feet; thence
North O degrees, 55 minutes, 04 seconds East tangent to said curve for 554.93 feet; thence
Northeasterly and Easterly along a tangential curve to the right, radius 317.09 feet, for a central
Exhibit A
angle of 86 degrees, 49 minutes, 40 seconds, and a length of 480.53 feet; thence North 87
degrees, 44 minutes, 44 seconds East tangent to said curve for 2301.27 feet, more or less, to
intersect with and terminate at the East line of said Southeast Quarter of Section 2 at a point
thereon a distance of 17.31 feet south of the Northeast corner of the South Half of said
Southeast Quarter.
Said Right -of -Way to be vacated is more specifically described as follows:
Commencing at the southwest corner of the Southwest Quarter of the Southeast Quarter of
Section 2, Township 32, Range 26, Sherburne County, Minnesota; thence North 01 degree 17
minutes 13 seconds East, assumed bearing, along the west line of the Southwest Quarter of said
Southeast Quarter, a distance of 755.00 feet; thence South 88 degrees 42 minutes 47 seconds
East, perpendicular to said west line, a distance of 31.95 feet to the existing Right -of -Way as
described in said Document No.'s 699754 and 597343; thence North 01 degree 16 minutes 46
seconds East, a distance of 126.09 feet, along said existing Right -of -Way to the point of
beginning of the Right -of -Way to be vacated; thence 268.48 feet along a tangential curve
concave to the west, having a radius of 2848.71 and a central angle of 05 degrees 23 minutes 59
seconds; thence North 88 degrees 06 minutes 26 seconds East, not tangent to last said curve, a
distance of 281.44 feet; thence 430.52 feet along a non -tangential curve concave to the
southeast having a radius of 284.09 feet, a central angle of 86 degrees 49 minutes 40 seconds,
and a chord which bears South 44 degrees 41 minutes 36 seconds West to the point of
beginning.
City of
Elk
River
City of Elk River
City Council
Resolution 20-
A Resolution of the City Council of the City of Elk River Supporting the Tax
Credit Application for Proposed Community Housing Development
Corporation Multiple Family Housing Project and Recognizing that the
Project Would Help Meet Identified Housing Needs
WHEREAS, the City of Elk River is a municipal corporation and political subdivision duly
organized and existing under the constitution and laws of the State of Minnesota; and
WHEREAS, the City of Elk River completed a housing study in 2018 and affordable
housing is identified as a community need; and
WHEREAS, Community Housing Development Corporation has submitted a conceptual
review application to construct 55 units of multiple -family rental housing (the "Pro)ect") at
the southeast corner of Twin Lakes Road and 1751h Ave NW (PID 75-002-4320); and
WHEREAS, Community Housing Development Corporation will be submitting a Low
Income Housing Tax Credit application to the Minnesota Housing Finance Agency in June
of 2020 for the Project; and
WHEREAS, the Project would help meet the locally identified housing needs of the City
of Elk River in that affordable housing is in short supply in the local housing market; and
WHEREAS, adoption of this resolution does not constitute land use approval of the
Project in that Community Housing Development Corporation must apply for land use
approvals for the Project which must be processed as required by state law and city
ordinance and heard in public hearing before the City Council will have the information
necessary to decide whether to approve the Project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk
River, Minnesota, as follows: The Project will meet an identified need to provide additional
affordable housing needs in the community.
Passed and adopted this 18th day of May 2020.
John J. Dietz, Mayor
ATTEST:
Tina Allard, City Clerk
i
City of
• --
1ver
May 18, 2020
Jennifer Ho, Commissioner
Minnesota Housing Finance Agency
400 Wabasha St N UNIT 400,
St Paul, MN 55102
Re: Housing Tax Credit Threshold Letter — Hillside Heights Apartments
Dear Commissioner Ho:
The City of Elk River City Council, at its meeting on May 18, 2020, reviewed and preliminarily
endorsed Hillside Heights Apartments housing development proposal that proposes the new
construction of approximately 55 affordable rental units in the City of Elk River near its Northstar
Commuter Rail Station.
This endorsement is based upon the findings that the project will meet locally identified housing
needs and that the proposed housing is in short supply in the local housing market. This need is
evidenced by the following sources:
1. A comprehensive housing market study update completed by Maxfield Research &
Consulting for the City of Elk River in February 2018. The study projects housing demand
from 2017 through 2025 and provides recommendations on the amount and type of housing
that could be built in Elk River. Below is how this study aligns with the development of
Hillside Heights Apartments:
a. Hillside Heights Apartments is an alternative development concept containing 55 total
units anticipated to serve 12 subsidized households, 27 affordable families and 16
affordable senior active adults.
b. The plan shows strong demand for rental housing (55 units)
c. The following table summarizes how the development meets the identified needs:
Hillside Heights
Remaining
Demand
Apartments
Demand
Study Reference
Page 44 and Table
Subsidized
34
12
22
CR-2
Page 44 and Table
Affordable
35*
27
8
CR-2
Affordable Senior Active
Page 46 and Table
Adult
40
16
24
CR-2
*Note: 60-unit Elk Midge Lodge netted out
13065 Orono Parkway
Elk River, MN 55330
Phone: 763.635.1000
www.ElkRiverMN.gov
d. The 0% vacancy rates for affordable rental housing and senior housing at all levels
indicate a pent-up demand for this type of housing.
e. Additional demand for Hillside Heights Apartments will also likely come from outside
Elk River in the larger submarket area.
2. The 171" Avenue Focused Area Study ("FAST"). The council approved plan outlines short -
and long-term development and transportation goals for the 175th Avenue and Twin Lakes
Road intersection —the development sitein the FAST Hillside Heights subarea including:
a. Density at 26 units/acre.
b. A variety of housing options.
c. Attractive streetscape and pedestrian connection along Twin Lakes Road.
d. Paths and crosswalk to the commuter rail station.
The City's current Comprehensive Plan supports the development of Hillside Heights
Apartments in the following ways:
a. Provides more housing type choices for the growing number of families in Elk River.
b. Diversifies the housing types.
c. Creates 55 units of housing for individuals and families at 50% of the area median
income.
d. Helps meet the demand of "the strong need to provide affordable housing for people of
all ages."
e. Provides stable, affordable senior housing for "the notable increase in apartment rental
needs in Elk River by members of the baby boom generation."
f. Provides approximately 55 units of housing within a half mile of the Northstar
commuter rail station.
4. The market study completed by Market Analyst Professionals in April 2020 concludes
sufficient demand for the development, and projects it will be well positioned in the local
area.
As stated above, The City of Elk River has confirmed that Hillside Heights Apartments contributes
to the goals of development in the FAST Plan. The plan identifies specific geographic areas targeted
for a variety of housing options including affordable housing and growth in Elk River, and the
Hillside Heights Apartments site is in the Hillside Heights district as a priority target area.
As part of its endorsement, the City also proposes local financial assistance using tax increment
financing. The City of Elk River City Council preliminarily supports the allocation of $810,000 in tax
increment financing for a term of 25 years for the Hillside Heights Apartments proposal. This
assistance will be in the form of pay-as-you-go tax increment financing.
The City Council endorsement is evidenced by the City Council's approval of Resolution 20-xx a
copy of which is included with this letter.
Sincerely,
Mayor John Dietz
From: Paul and Tracey Landberg <ptlandberg4@gmail.com>
Sent: Monday, May 18, 2020 12:43 PM
To: Wagner, Jennifer <Jennifer.Wagner@ElkRiverMN.gov>; Portner, Cal <CPortner@ElkRiverMN.gov>
Subject: \[EXTERNAL\] Zoning for apartments in 175th and TLR
Hello Jennifer and Cal.
I am sending a written response to the discussion of the area at Twin Lakes Rd and 175th
regarding the purposed 55 unit apartment complex being build on that space based on the
request for auction. request for auction
We don't want this. We have enough traffic at that intersection already we do not need more. We
moved to this part of town because there was less traffic. We would rather see it zoned for a few
houses as it is now or with smaller lots for a few additional houses. The area already has too
much traffic on it during rush hour times of the day and it is difficult to get out of the
neighborhood at times based on much of the traffic going above speed limits. The hill and
windy roadway already make it difficult to safely get onto Twin Lakes Road. Adding
additional congestion will certainly make this more dangerous and difficult. There is also the
pedestrian and bicycle traffic to think about as well. There are students who attend Spectrum
schools that walk and ride this area as well as those who do so for the train. We have a number
of industrial plants/businesses in the area as well. Adding additional congestion will only make
the area more dangerous. We have a lot of commercial industry in the area already so why not keep it
that or single housing to keep the area semi rural as it is with the larger lots around. Not a fan.
We already have a struggle with speeding on 175th as many see it as a right of way, raceway
currently.
Twin Lakes Road is terrible in regards to the curves and hills in it for safety while driving,
especially during the winter months. It has caused a number of spin outs and crashes, even
when the individuals is going under the speed limit based on road conditions. Twin Lakes Road
itself is in need of repairs based on pavement bulging and deterioration at the curves.
Lastly, there is concern about the rebuild of Hwy 10 and its affects on Twin Lakes Road without
the addition of more people and more vehicles and pedestrians on the area. It would be
responsible to make sure we have roadways and space to support additional structures before
going ahead with the later.
A listed benefit for the city is an increase of property taxes on that location from $4,500 a
year to an estimated $40,108.
If it is approved I would hope the increase in tax revenue would allow our area to be snow plowed in a
timely manner as it currently is not and we pay a boat load in property tax. Also, would that allow for
additional police patrol through the neighborhood as well as monitoring of 175th based on traffic speed
infractions occurring multiple times a day?
It seems we already get the short end of the stick in regards to keeping up are green spaces and such in
the area of 175th vs that same type of green space in the area of Elk Lake Rd/Proctor. We have
deteriorating sidewalks and curbs throughout our neighborhood that the city is not address and in fact
some homeowners are repairing themselves at their own cost.
It would be good to ask the individuals in these area neighborhoods before just going ahead
with the cities own agenda.
From: Jody S <jody.shenkle@gmail.com>
Sent: Monday, May 18, 2020 10:03 AM
To: Portner, Cal <CPortner@ElkRiverMN.gov>
Subject: \[EXTERNAL\] Public Comment
To Whom It May Concern:
I am incredibly saddened to hear that you are considering a purchase by a commercial property builder
on the corner of 175th and Twin Lakes Road. I live in the development, Eagles Marsh and feel that
putting in apartment buildings there will create even more traffic in those areas, and it is already
challenging to get out onto Twin Lakes Road as it is.
I also feel that adding these take away from the neighborhoods that are back in this area that are nice,
people don't want a nice neighborhood next to apartment buildings. If they did, they would've moved
near them in the first place. I would love to see more homes go into that space, if you want to make
more revenue, split the lot into multiple ones.
I understand that looking at this from an economic standpoint, for the city, this is great, but as a
landowner in the area, it's awful. I truly hope you don't look at this as just a financial decision, which I
fear you have already made your minds up, but I hope that you will consider what the people of the
neighborhoods feel.
Thanks for your time, a very concerned citizen,
Jody Shenkle
Johnson Street NW
From: Tricia downey <tmd2767@gmail.com>
Sent: Monday, May 18, 2020 10:32 AM
To: Portner, Cal <CPortner@ElkRiverMN.gov>
Subject: \[EXTERNAL\] Don't build more apartments by my house.
Hello Cal!
Can't help but say that I miss the Rotary chaos & friendships. I was really looking
forward to attending the Taste as a visitor this year. I hope the Fall date works out.
It's been brought to my attention that down the block from my house, there are plans to
put up high density apartments. I can't help but think, "there goes my
neighborhood". Starting with two 55 unit complexes for affordable housing, and pressure
coming for the rest of the houses on the that side of the street to do the same, I am feeling
the need to express strong opinions.
It was only yesterday when your agenda was posted that I first heard of the Easement
Vacation. I would love some time to alert neighbors, and learn more about the downfall
of the quiet neighborhood I bought into. The whole development process is loaded with
jargon and larded with legalese, and it can leave neighborhoods feeling bitter and
ignored. Not every neighborhood has a rich supply of lawyers, architects, and real estate
professionals who can volunteer their time to help residents navigate the development
bureaucracy. Because of COVID -19, my neighbors & I are unable to attend this meeting
and properly state our case. Maybe this was their plan all along?
I saw the layout of the unsightly building and frankly I started to cry. It's hideous. How
many black buildings do you see in Elk River? I have a whole list of concerns including
traffic, noise, overcrowding schools, crime, and even little things like seeing people
smoke on the sidewalk. Here's a nice article for you so you can appreciate my
worries: https://www.city-journal.org/html/how-public-housing-harms-cities-12410.html
Please don't look at this as a cash cow for our city. We can do better.
I am hoping the council will deny or at least stall these requests to the city until I can
organize local residents.
Sincerely,
Tricia Downey
Cell: 763-268-9336