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4.4 SR 06-01-2020City of Elk* River Request for Action To Item Number Mayor and City Council 4.4 Agenda Section Meeting Date Prepared by Consent June 1, 2020 Tina Allard, City Clerk Item Description Reviewed by Tax Forfeiture Cal Portner, City Administrator Reviewed by Action Requested Adopt, by motion, a resolution regarding classification of certain tax forfeited land located within the city and specifying the parcel be sold. Background/Discussion Sherburne County has notified the city of a parcel forfeited for non-payment of taxes. Options are to approve for private sale to adjacent property owners, approve for public auction, or request conveyance to the city. Parcel ID 75-002-4100 is 20 acres and fully located in a wetland. The parcel holds no benefit to the city and staff does not recommend acquisition. Staff recommends approving for private sale to adjacent property owners. Review Period This item must be acted on by July 10, 2020. Financial Impact N/A Attachments Maps Resolution ■ Tax Forfeiture Basics The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional,` 01 e service, and community engagement that encourages and inspires pi ospei ly INAWRE1 ",, i3vY Beacon Sherburne County, MN Overview Legend ❑ Parcels Streams Parcel ID 75-002-4100 Alternate ID n/a Owner Address Sec/Twp/Rng 2-32-26 Class 670-Tax Forfeited -Real Estate/PILTorSev Min Property Address Acreage 20.24 District ELK RIVER C ITY Brief Tax Description n/a (Note: Not to be used on lega I documents) Disclaimer: Every attempt has been made to ensure that the information contained on this web site is valid at the time of publication. Sherburne County reserves the right to make additions, changes, or corrections at anytime and without notice. Additionally, 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. Data is updated periodically. For the most current information contact the appropriate county department. Disclaimer forStaoud Parcels: Sherburne County information about St Cloud properties are limited to classification and value. Anyquestions regarding additional information please contact the City of St Cloud's assessor office. Date created:5/1V2020 Last Data Uploaded: 5/10/202010:12:38 PM Developed by4" Schneider GEOSPATIAL 'TO , ; Beacof l Sherburne County, MN Parcel ID 75-002-4100 Alternate ID n/a Sec/Twp/Rng 2-32-26 Class 670-Tax Forfeited -Real Estate/PILTorSev Min Property Address Acreage 20.24 District ELK RIVER CITY Brief Tax Description n/a (Note: Not to be used on legal documents) Date created: 5/27/2020 Last Data Uploaded: 5/27/20201:43:27AM Developed by" Schneider OEDSPATIAL Overview Legend Roads Streams Owner Address City of Elk River City of Elk River City Council Resolution 20- A Resolution of the City Council 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 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 PID 75-002-4100 for private sale to adjacent property owners. 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, and authorizes completion and submittal of the Sherburne County Resolution certifying county board forfeited lands. Passed and adopted this 1" day of June 2020. 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: 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; 0 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.