99-039 RES RESOLUTION NO. 39
CITY OF ELK RIVER
COUNTY OF SN~RBURNE
STATE OF MINNESOTA
A RESOLUTION OF ~ CITY COUNCIL OF THE CITY OF ELK RIVER
AUTHORIZING EMINENT DOMAIN AND ACQUISITION OF REAL PROPERTY IN
ACCORDANCE WITH MINN. STAT. § 117.042
WNEREA$, the City of£1k River is a statutory city orsanized and existing under the
laws of the State of Minnesou~ with all powers, rights and authority of a statutory city and is a
public body corporate and politic.
WHEREAS, the City of Elk River has the authority to acquire real property by
condemnation in accordance with Minnesota Law including Minn. Stat. § 412.211, Minn. Stat.
§§ 465.01 and 465.16, and Minn. Stat. § 469.126',
WlitiREAS, the Cit~ of Elk River adopted tl~ F. lk River 1995 Comprehensive Plan
(''Comprehensive Plan") on D~.mber 18, 1995',
WN'RREAS, the City of Elk River adopt~i the Elk River Master Park and Recreation
Plan as an addendum to the 1995 Comprehensive Plan in May, I997;
WHEREAS, the 1997 Master Park and Recreation Plan identifies the need for an Area
Wide Park in the southeast portion ofthe City, along the Mississippi River, and for a trail along
the river with significant associated green space;
WHEREAS, the Master Park and Recr~tion Plan also identifies a number of park and
recreation goals, including:
* maintain~g open space',
· developing and mainta~ing a ~ail system and providing active and passive
recreational opportunities',
· developing, preserving and protecting cnvironmen'~al resources such as shoreline,
and restricting alteration of natural contours and soils and removal of natural
vegetation;
· reserving through purchase, easement or dedication public access to waterways;
WI~.REA$, the property identified in Exhibit A attached hereto (the "Property") consists
of two undeveloped parcels of'land located along the Mississippi River in the southeast portion of'
the City of Elk River;
WHEREAS, ail or a portion of the Property is located within sensitive areas subject to
the following ordinances:
· Wild and Scenic River Management Ordinance
· Shoreland Management Ordinmce
, Floodplain Management Ordinance
WHEREAS. the location and size of'the Property fits the purpose of'an Area Wide Park
as set forth in the Master Park and Recreation Plan. which is an area of. natural or omarnental
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 Cit~ alon8 the river;
W_ItF. RKA$, the Property has recently been sisnificantly altered by significant grading
and vegetation removal activities in violation of the City's Code of Ordinances, including the
ordinances set forth above;
WHEREAS, the current condition of the Property is a threat to the water quality of the
lVlississippi River, the capacity of the Mississippi River floodplain and ',he integrity of the
Mississippi River Wild and Scenic River District;
WW~REAS, 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 Mississ/ppi River, and to bring the Property into
compliance with the City's Code of Ordinane, es including the City's Wild and Scenic River,
Shoreland and Floodplain Mamgement Ordinances',
NOW, THEREFORE~ BE IT RESOLVED by the City Coundl of the City of Elk River:
1. In order to can'y out the purposes and objectives of the 1995 Comprehensive Plan,
the 1997 lViaster Park and Recreation Plan, and the Elk River City Code of'Ordinances, it is
necessary to ac, quire the Property identified in Exhibk A aItached hereto for park and lrail
purposes.
2. The acqu/sition of the 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 necessmy to further the obiec~ves of the 1995 Comprehensive Plan, the 1Master
Park and Recreation Plan, and the Elk River City Code of Ordinances.
3. The City of Elk River deems it necessa,'y for the purposes of providing adequate
park and recreation opportun/ties, proteaing the integrity of the Mississippi River Wild and
Scenic Riverway, shorelanel and floodplain, and generally providing for the health, safety, morals
and welfare of'its ckizens, to a~uire said Property.
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 Rivgr 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 determined by City staff.
5. The City ofF_Ak River staff'is hereby authorized and directed to execute all
documents and contracts nocessary to acquire fee title to the Property described in Exhibit A,
which actions include the sped/k: authorization to'. (a) obtain appraisals or minimum damage
assessments of the Property to be acquirecl; (b) make written offers to affected property owners
and negotiate such offers to a successful conclusion; (c) acquire the Property at thc appraised
value plus &dditional damages, if any, as approved by the City Admirfstrator; and (d) in
circumstances where negotiation proves to be unsuccessful or has already proven to be
unsuccessful, condemn the Property under the procedures provided for in applicable Minnesota
Statutes, and in compliance with all requirements of said statutes, using the quick take procedure
set forth in Minn, Stat. § 117.042.
/5. City of Elk River staff is Rcrtber 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.
~ ~90~12.1
Any actions previously taken by staff in this regard are hereby rati/ied and
4
The motion for adoption of'the foregoing resolution was introduced by Councilmember
Motin and duly seconded by Councilmcrnbcr Father
and upon a vote being taken thereon, the following voted in favor thereof:
Hayor Klinzing; Councilmembers Dietz, Thompson, Farber, and
Motin
and the following voted against the same:
Dated: May 10, 1999
Stepha~e A. Klinzing, Mayor ~-.// /
ATTEST:
Sandra Peine, City Clerk
None
N.W.
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SHERBURNE COUNTY SURVEYORS OFFICE
SHF..RI~RNE COUNTY ADMINISTRATION BUILOING
', KING AVENUE, BOX t~520
' RIV/R, MINNESOTA 55330
PHONE ~ (612) 241-2860
75-0! 1-2,~
1283.72'
GRAPHIC SCALE
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