5.3. SR 08-22-1994
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ITEM 5.3.
MEMORANDUM
TO:
MAYOR & CITY COUNCIL
FROM:
PAT KLAERS, CITY ADMINISTRATOR
DATE:
AUGUST 18, 1994
SUBJECT: CITY/COUNTY LAND ISSUE
The City has requested to purchase .67 acres from Sherburne County for the
extension of Orono Parkway. The City currently has enough right of way for
the Parkway to be extended, but the .67 acres request was made in order to
preserve more of the mature trees in the 7 acre park that the City has
recently obtained.
BACKGROUND
In July, 1993, the City obtained 1.3 acres for the extension of Orono
Parkway, but the request for an additional 1.2 acres to preserve trees in this
. area was rejected by the County.
Preliminary plat approval for Country Crossings First Addition was obtained
from the City Council on 4/21/94. This preliminary plat contained an area of
approximately 7 acres as a City park. This park area is directly south of the
fairgrounds and is separated from the fairgrounds by the proposed Orono
Parkway.
In May, 1994, City staff advised the County staff of the preliminary plat
approval and indicated that the Western Area Phase II public improvement
feasibility study was authorized on 5/2/94. At this time, we discussed in a
preliminary fashion, the City's desire to obtain more land for Orono Parkway
in order to preserve trees in the new park.
On 6/6/94, City staff met with County staff at City Hall to discuss a variety of
City/County issues. At this meeting the City Engineer showed the County
staff a map which outlined the .67 acres that was desired to be purchased by
the City. Please note that this is approximately one-half of the additional
area that the City requested in 1993. At the City Council meeting on 6/6/94,
the feasibility study for the public improvements was accepted and the City
Council ordered plans and specifications for this project.
.
P.O. Box 490. 13065 Orono Parkway · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
.
The final plat for Country Crossing was approved on 6/27/94. At this meeting
the City Council also authorized the public hearing for the Western Area
Phase II public improvement project. The City Council also formally
requested the County to consider selling the City .67 acres for the extension
of Orono Parkway in order to save trees in the new park.
City staff appeared before the County Board on 7/5/94 in order to formally
present the City's request to the County Board. At another County Board
after the 7/5 presentation, a County negotiating team was established in
order to review the City's request and negotiate a transaction with the City.
On 7/25/94, the City Council held a public hearing on the Western Area
Phase II public improvements. Following this public hearing, the project was
ordered. On 8/1/94, the City Council approved the plans and specifications
for this project and ordered the advertisement for bids.
On 8/8/94, the County negotiating team met with the Mayor, City Engineer,
Park and Recreation Commission Chair Dave Anderson, and me. At this
meeting, the City heard that the County would not sell any land to the City.
The County would only accept a land exchange. In order for the City to
obtain its desired .67 acres to preserve trees in our park, the City would then
have to provide the County with an equal amount of land.
.
This position of the County complicates matters and makes timing more of an
issue. We have already purchased land from the County for the extension of
Orono Parkway and could easily have "reproduced" this type of document for
the purchase of an additional .67 acres. However, when we get into terms
and conditions for land exchanges, future land uses (i.e., fencing,
improvements, City use of the area, etc.), City Council and County Board
approvals, and the legal work necessary to complete a transaction, it becomes
apparent that even the understanding for a land exchange most likely could
not be finalized in order for the project to begin in early September.
ISSUES
There are, generally speaking, two land and transportation issues to
consider. The first issue is the extension of Orono Parkway and the City's
desire to purchase .67 acres. The second issue deals with Orono Road as it
intersects with the proposed Joplin Street. Joplin Street will be constructed
from County Road 30 to Highway 10 in 1995. This will require the
discontinuation of Orono Road in its present alignment at Highway 10 near
Cenex due to safety concerns.
.
The City desires to deal with these two transportation issues independently.
Since Joplin Street will not happen until 1995, City staff believes that we can
.
deal with Orono Road at a later date. However, the County wants to have
these two issues tied together. The County's goal of having these
transportation issues tied together (in addition to the land exchange
requirement) makes the situation even more complex and it would take
longer to address everything involved.
In general, the City has land to exchange with the County north of the
fairgrounds and east ofthe fairgrounds. It is very difficult for the City to give
up any of this property as the City's long range plans for this area have not
been fmalized for either our transportation network or our land use needs.
The land to the north was discussed as a possibility for the extension of the
fairgrounds parking area. However, the fairgrounds already used this area
for parking during its County Fair. Also, the City does not know whether or
not the future road system in this area will include cul-de-sacs and green
space or if it will continue essentially as it stands today.
.
Regarding the land to the east of the fairgrounds, the City has a 1.8 acre
triangular shaped parcel north of Orono Parkway and southwest of City Hall.
On the surface, this land looked as if it might be appropriate to exchange
with the County, as the County could use it for new and expanded parking.
However, in looking at the long term future of the 17 acre City Hall complex
and what needs could arise in the next 10-20 years, it is difficult for the City
to give up this potential recreation or building site.
RECOMMENDATION
The Park and Recreation Commission had a special meeting on 8/18/94 and
this topic was discussed. Comments from the Park and Recreation
Commission on this issue indicate that it would be nice to save more trees,
but the City has saved most of the trees in this area. The .67 acres of trees is
not worth losing use of the triangular parcel. The .67 acre purchase was a
good idea, but it just didn't work out.
Staff recommends no action on the County's land exchange request and that
we put Orono Parkway in the right of way we purchased in 1993.
.
Due to: 1.) the timing of the Western Area improvement project; 2.) the
County requirement for a land exchange and an outright purchase not being
acceptable to the County, which makes the transaction more complex and
time consuming; 3.) the limited amount of land the City has available in the
north and east and the County's desire for land in the east only; and 4.) the
uncertainty of the City's long range transportation and land use plan at the
City Hall complex (i.e., the 1.8 acre triangular parcel could be put to
recreation uses, it could be left alone as open space, or could be used as a teen
.
or senior center site at some time in the future)...the City staff recommends
no action at this time.
Essentially this means that the Orono Parkway would be placed in the land
that the City purchased in 1993. The City will not save additional trees in
the park, but we have saved most of the 7 acres of wooded property that we
recently obtained. The City will also preserve its future park and recreation
and building options at the City Hall complex. Finally, the City and County
can deal with the Orono Road configuration in 1995 and, if a cul-de-sac is
what is desired by the County, we can work this out, although Cenex will be
involved with this issue. In this manner, the only land that the City obtained
from the County was the minimum amount needed to extend Orono Parkway.
.
.
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FOR DISCUSSION ONLY
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.
Elk River and Sherburne County in tug-of-war
Tree preservation and road construction could cost county fairgrounds two-plus acres
.
by Charmaine Barranco
Staff writer
The tug-of-war between the
city of Elk River and Sherburne
County over property in the
Lake Orono area has resumed.
And caught in the middle once
again is the Sherburne County
fairgrounds, which stands to lose
another two-plus acres if the
city's requests are approved.
This time the scuttle, in part,
is over a grove of oak trees slated
to be plowed out of existence by
the city's bulldozers to extend
Orono Parkway.
About seven acres of white and
red oak trees, some ranging in
age from 100 to 150 years old,
were dedicated for park land by
Country Crossings Developer
Tony Emmerich. He dedicated
the land after Dave Anderson,
who chairs the Sherburne
County and the city of Elk
River's parks and recreation
commissions, took a public
stance on preserving the grove.
"Some ofthose trees are 2 feet
in diameter and have SO-foot
crowns," Anderson said. '"l'hey
were definitely worth saving. If
the remainder of that land is
available it would be nice to
save the rest of the trees, but if
it's not at 1eastwe know the vast
mBjority of them were saved."
But if saved the balance of the
grove, which is on less than an
acre of land, would be done at
the expense of the Sherburne
County fairgrounds. Earlier this
year 1.3 acres of the fairgrounds
were sold to the city for $7,500
to extend Orono Parkway past
the Orono Lake addition into
Country Crossings.
At that time the city sought
the same acreage it is now re-
questing plus some additional
land. But Sherburne County
commissioners turned Elk River
down, saying that further
shrinkage of the fairgrounds
would be unjust to area resi,
dents.
Commissioner Leslie Schu-
macher of Santiago said she was
in support of saving the trees,
but the reason the, county
whittl~d()wnthe city's earlier
request 'was because taking any
'The city of Elk
River looks at those
fairgrounds as if it's
a cookie or a piece of
pie that they can take
a crumb at a time.
The time has come
that we are going to
have to stop picking
it apart...'
-John Edling
impede any fairground opera-
tion butitdoes prec1udevehic1es
from turning off the highway at
that point and going easterly
and accessing the fairgrounds,"
said Maurer.
-The road could be curved and
connected with the new Joplin
Street an estimated 350 feet
from a proposed signalized in-
tersection. But to do that an-
other 1.5 acre bite would have to
be taken out of the northwest
corner of the fairgrounds, half
of which would be right-of-way,
while the remainder would be a
usable remnant ofland.
'"l'he city's position is that we
just don't want Orono Road com-
ing in at a skewed angle," said
Maurer. "We see that as a very
mBjor intersection on Highway
10 in the future and we think
that Orono Road coming in at
40-degree angle is just not the
wayitshouldbe. For Orono Road
to continue it has to curve south-
erly to get it away from the new
Joplin."
Board Chair Lyle Smith of Big
Lake said the fairgrounds would
certainly be hurt if its access
was cut offfrom Highway 10. '
John Edling, who has been a
fair boardmemberformorethan
15 years, said, '"l'he city of En<
River looks at those fairgrounds Li'
as ifit's a cookie or a piece ofpie"
:]t
that they can take a crumb at a 11
time. Thetimehascomethatwe
are going to have to stop picking
it apart. . ."
Ron Pouliot, a fair board mem-
ber for 22 years, said he didn't
understand why everyone can't
seem to work together.
"In this city the housing is
growing and the fair is growing.
How ,can you make the fair-
grounds smaller?"he asked. "We
do have the city using our park-
ing lot now which is fine, and we
ask them to close the gate every
night. They can't even do that. I
know that's not the city's fault
but if someone else is using it
they said they would have the
police check it. You drive by and
the gate's open. We put ourlock
on it and they cut it off." , ,
Tom Salzmani'imother:;fair
boirrd"m.em.ber, said this year
more land from the fairgrounds
would interfere with its opera-
tion.
Terry Maurer, Elk River city
engineer, said, "This is just a
request. It won't change the
project one way or the other." , ,
Schumacher replied, "It just
seems like you keep taking bites
out of it (the fairgrounds) and
pretty soon we won't have any
fairgrounds."
In light of the board's response,
Maurer said he was afraid to
bring up the next issue, which
involved taking still more land
from the fairgrounds for the con-
struction of Joplin Street.
"We see a new street being
constructed along the westerly
side of the fairgrounds," he be-
gan. "We envision Orono Road
coming across the mBjor north,
south street of Joplin with a
new signalized intersection.
Currently Orono Road comes in
at kind of a skewed Y angle if
you're coming down the high-
way from the west."
According to Maurer, two op-
tions for the road reconstruc-
tion entail:
-Continuing Orono Road past
the city hall, fairgrounds and
ballfields. The road would cul-
de-sac' just before ies current
Highway '10" access hear the
Cenex station. '"l'hat would'not'
wedn8ay, July 13, 19
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"- '. .:~ Cenex
\' ~xtSl~ Ofll'IE"""'i"'"... Statl'on
\"'PROP CRI~W"''''
ORONO ROAD
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Sherburne County
"Fairgrounds
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ORONO ROAD
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Sherburne County
. ' Fairgrounds
the ferris wheel will be bigger
than ever and there will be ad.
ditional rides.
"We ,need as much space as
we've got and then some," he
said.
. Elk River City Administrator
Pat Klaers said if the city can
obtain property from Developer
Tony Emmerich in the north-
west corner where Joplin is pro-
posed it could be exchanged for
the county's .67 acres.
But no negotiations have oc-
curred with Emmerich, who has
yet to submit a residential de-
velopmentplat for,propertyidi;'
rectly west,,()f the'fairgrollnds,'
he added.
Commissioners requested the
fair board draft; a recommenda-
tion for consideration at the
board's July 19 or 20 meeting,
Meanwhile, preliminary plans
to extend city sewer and water
to the Sherburne County Gov-
ernment Center continue. Be-
cause the lines will run along
the south side of the fairgrounds,
beside Orono Parkway, the
county's decision on whether or
not to sell the city .67 acres of
land must be made before Elk
River's July 25 ,public hearing
on'the wauir<1ind:llew'el"exten"
sion. _ ~~;_,::,,:L
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