6.2. SR 01-30-1995
rei -\.J
( );
~lil
ITEM 6.2.
MEMORANDUM
TO:
Mayor & City Council
FROM:
Pat KIa..... City A~tor
January 30,1995 1/7
DATE:
SUBJECT:
Lion's Park
About twelve years ago, a number of parties combined their efforts to begin the Lion's
Park project. The intention of everyone in 1983 was to develop a community park
without fields for organized league activities.
The City has recently again been approached by the youth soccer organization regarding
the need to develop more recreation fields. The City (staff and Park & Recreation
Commission) has suggested Lion's Park as a location for soccer fields, but this use of
Lion's Park is inconsistent with the intent twelve years ago when the park land was
purchased. Attached for your information is some background material from 1983 on
how Lion's Park came into existence.
e
The City does not know how much money or manpower was contributed by the Lion's
Club for the purchase and development of Lion's Park, but it is assumed to be a
substantial amount. Some information on this level of participation most likely will be
offered by Lion's Club members at the 1/30/95 meeting.
The Council should also note that in 1984, a $105,000 state grant was obtained for the
development of Lion's Park. This grant was matched by over $105,000 worth of City
funds and manpower and equipment. After the completion of the grant, the City has
continued to spend money on the development and maintenance of this park including the
construction of picnic shelters and the installation of pathway lights.
If any organized athletics are to take place in Lion's Park, soccer would seem to be the
least intrusive to the park and its future. By creating soccer fields, the City would be
stabilizing a section of the peat soils in the park and creating a flat, usable surface. If this
took place and a different soccer complex was constructed at a later date, this area of the
park could easily be reconverted into a passive recreational use. There are no fences,
backstops, etc., required for the installation of soccer fields.
e
Everyone seems to agree that Lion's Park is underutilized at this time. Soccer activities
in this park would certainly increase the use ofthis facility. Nonetheless, organized
league soccer activities are contrary to the original concept of how this park would be
used.
13065 Orono Parkway · P.O. Box 490. Elk River, MN 55330. (612) 441-7420. Fax: (612) 441-7425
e
Phil Hals, Street Superintendent, has advised me that if the Council approves the
construction of soccer fields in Lion's Park, he would proceed with this activity this
winter. It is easier to place material in the Lion's Park vicinity in the winter when the soil
is stabilized (frozen). The total cost to the City in cash is estimated at $7,000 per field
and about $10,000 in manpower and equipment for the construction of three (3) fields.
These costs seem a little high to develop the fields if they are to be used only for practice
activities and not for league games.
A lot of things have changed in the City of Elk River over the past twelve years.
Currently there is a stronger need than ever before for additional youth athletic fields for
organized league activities. Regardless if three soccer fields are developed in Lion's Park
or not, the City still has to address the long term need of additional youth recreational
fields. In this regard, maybe the Lion's Club and the City can work together to purchase
land and develop fields for organized league activities. A discussion on this topic could
affect the Council's decision on whether or not to build soccer fields and whether or not
to use the fields for practice only.
It is anticipated that some Park and Recreation Commission members, representatives of
the soccer association, and representatives of the Lion's Club will be in attendance at this
meeting to discuss the soccer field proposal with the City Council.
e
e
e
e
e
MEMORANDUM
TO:
Pat Klaers, City Administrator
FROM:
Troy Langer, Planning Intern
DATE:
January 26, 1995
SUBJECT:
Lions Park
This memo describes a brief history of the initial acquisition and development plans for
Lion's Park in Elk River. The park is located on the Southeast corner of School Street and
Jackson Avenue.
The Elk River Lion's Club owned land located within the Ridgewood East Second Addition
that was set aside during the platting process in order to meet the Park Dedication
requirements for that development. The land was donated to the Elk River Lion's Club in
fulfillment of the Park Dedication requirements. The reason why the Elk River Lion's Club
obtained Park Dedication land is unknown.
On April18, 1983, the Elk River Lion's Club requested to rezone this parcel from R-1b
(Single-Family) to R-3 (Multiple Family). The reason for the rezone request was in
preparation to sell the parcel. The rezoning would make the property more marketable for
potential buyers. Money, from the sale of the property, was intended be used for the park
development of Lion's Park. The rezone request was approved by the City Council on April
18, 1983.
Apparently, the Elk River Lion's Club attempted to develop the park but had been denied
grant money from the State of Minnesota and therefore, did not posses the necessary funds
to develop the park property. It was the Elk River Lion's Club intent to develop the park to
be used by "people", without ball fields.
On September 6, 1983, the City Administrator presented a proposed design of the park for
the City Council to review. The plan was submitted for the LA WCON grant and it also
incorporated ideas from the Lion's Club. During that Council meeting, the various items
about the proposed plan for the park were discussed.
On October 3, 1983, the City Administrator indicated that Mr. Bud Houlton has agreed to a
$75,000 price for the 33 acres of land known as the "peat bog" (Lion's Park) and that a
purchase agreement was being executed.
On December 8th, 1983, a "Gift Agreement" document was signed. This document
outlined Houlton Investment Company as the first party and the City of Elk River as the
second party. In that document it stated that Houlton Investment Company shall gift to the
City of Elk River land described in Exhibit "A" and Exhibit "B" parcels on December 30,
1984. The Exhibit "B" part of the gift contained a "right of reverter" if the property ever
ceased to be used for public purposes. There was a twenty (20) year timeline from the date
of the gift on the "right of reverter."
e
e
e
At that time the land for Lion's Park had a fair market value of:
Exhibit "A" $51,000
Exhibit "B" $102,240.
After reviewing this document, it appears that the City of Elk River is the owner of the
Lion's Park property and is responsible for all activities that occur on that property. It was
mentioned that the Elk River Lions Club and other civic organizations should work together
to develop a recreational park area, but the City is ultimately makes the final decision.
One of the reasons, if not the only reason, for the 'gifting' of the land by Houlton
Investment Company was because of a proposed development on adjacent parcels by
Houlton Investment Company that required an extensive storm water drainage plan and
holding pond area. The Lion's Park area was being proposed in that plan and holding pond
area. The 'gifting' of this land would help in the maintenance of the area as a park. The
land could be used as part of the drainage plan by being used as a ponding area.
An item mentioned within the "Gift Agreement" document was that the Elk River Lions
Club work with the City of Elk River and other civic organizations to develop a recreational
park area in and near the Elk River Central Downtown Business District.
ADDITIONAL LION'S PARK RECORDS
In late 1984 or early 1985, the City of Elk River was a recipient of the LA WCON grant for
the development of Lion's Park.
A letter dated July 7, 1987, from the Elk River Lion's Club President that included a
Statement of Purpose and Goals for the Lion's Park was presented to the City Council on
August 3, 1987.
On September 28, 1987, the City Council authorized the payment of $8,320 to Central
Lutheran Church for an access to Lion's Park.
On August 8, 1988, the Lion's Club requested a $29,000 loan from the City of Elk River to
complete a shelter in Lion's Park. This request was subsequently withdrawn.
~
~
~
City Council Minutes
April 18, 1983
Page Two
Council~ember Duitsman indicated that County Commissioner Frank Madsen had
indicated that the Quit Claim Deed could be given to the County contingent
upon purchase of the Gospidar property. Discussion was carried on regarding
the deed restriction and the need of a Quit Claim Deed to the County Board.
Further discussion was carried on regarding the effect of the purchase of the
property on the 1983 County Fair and subsequent years, as well as the trading
of the ball fields between the County and the City of Elk River.
COUNCILMEMBER DUITSMAN MOVED TO AUTHORIZE THE SIGNING OF A QUIT CLAIM DEED FOR
THE COUNTY FAIR PROPERTY TO THE COUNTY FAIRBOARD UPON THE SUCCESSFUL PURCHASE
OF THE GOSPIDAR PROPERTY BY THE COUNTY. COUNCILMEMBER ENGSTROM SECONDED THE
MOTION. THE MOTION PASSED 4-0.
7. Lion's Park Rezoning Public Hearing
The City Administrator indicated that the Elk River Lion's Club has requested
that their parcel of property in Ridgewood East Second Addition be rezoned
from its existing classification of R-lb Single Family to R-3 Multiple Family/
Townhouse. The City Administrator indicated that the Elk River Lion's Club
acquired the property during the planning of Ridgewood East Second Addition
and further indicated that the parcel of property was donated to the Lion's
Club in fulfillment of the Park Dedication requirements.
Councilmember Duitsman indicated that if the land was donated to the Lion's
Club in fulfillment of Park Dedication Requirements of the City, he felt that
the City should have some assurance that the money from the sale of the property
would go to park development.
The City Administrator indicated that the property is in the name of the
Lion's Club and that they are not bound by the City Council to dedicate ~he
funds to park development, but that it is the Lion's Club's intent to sell
the property and use the money from the sale of the property to help with
the acquisition and construction of a park in what has been referred to as
the peat bog. The City Administrator indicated that the request for rezoning,
made by the Lion's Club, is in preparation to sell the parcel of property,
as the R-3 zone would make it a more marketable piece of property than the
single family zone.
Mayor Hinkle opened the public hearing.
Mr. Doug Hodkins of 19lst Street questioned what the property would be used
for and the possibility of a road built through the property.
The City Administrator indicated that should the area be rezoned, it would
allow for a development like the Barrington Place development, and further
indicated that in an R-3 zone it allows for a multiple dwelling of up to
15 units. The City Administrator indicated that the Lion's Club does not
have plans for the property or a developer, and that the extension of a road
would depend on the developer.
Mr. Dick Yaeger questioned why the Lion's didn't develop the area as a park,
as originally proposed.
J
>>
)
City Council Minutes
April 18, 1983
Page Three
The City Administrator indicated that the Lion's tried to develop the area
as a park and had applied to the State for a grant, but were turned down,
basically because of location.
General discussion was carried on regarding the area and the various zones
in the area adjoining the proposed parcel of property for rezoning. The
City Administrator indicated that there was an R-4 zone and an R-3 zone in
the immediate area of the Lion's property.
Mayor Hinkle indicated that according to the Planning Commission minutes,
residents in the area were concerned that should this area be rezoned,
other vacant lots in the Ridgewood East development would also be rezoned
for multiple dwellings. Mayor Hinkle indicated that he could not see this
happening as that would be spot zoning, and that the City Council is very
much against spot zoning.
Discussion was carried on regarding the size of the area and how many units
could potentially be proposed for the total area. The City Administrator
indicated that a developer would have to have a plat approved by the Planning
Commission and City Council, and therefore, the City Council can basically
dictate how the plat should be developed.
Discussion was carried on regarding the type of multiple dwellings that could
be built in the area, and whether or not there would be low income homes.
The City Administrator indicated that it would be up to the developer as to
the type of financing available for a project.
Mr. Wally Fox, a representative of the Lion's Club, indicated that the whole
purpose of the rezoning request was to make the property more marketable,
and therefore, use the proceeds for development of another park.
Councilmember Duitsman indicated that a multiple family zone for that area
would provide more income for the Interceptor Sewer Lines which therefore,
would benefit the whole City. Mayor Hinkle indicated .that there is a need
for multiple dwelling zones within the City of Elk River.
Mr. Rick Breezee, Building and Zoning Administrator indicated that the
Planning Commission had expressed their concern of looking beyond this
specific zone request with regard to zoning and the zoning of additional
property for multiple family. Mr. Breezee further indicated that the
Planning Commission moved to deny the zone request in favor of looking at
a larger area for rezoning.
Discussion was carried on regarding the inconvenience of the residents in
the area by more people walking through the shortest route to the school.
The City Administrator indicated that the City could deal with those type
of problems by requiring buffer zones or sidewalks in the development, by
the developer.
Councilmember Schuldt asked if there was a definite commitment from the Lion's
regarding the development of another park in the peat bog.
Mr. Wally Fox indicated that the Lion's Club currently had approximately $20,000
for park development, and that it was the intent of the Lion's Club to use the
proceeds of the sale of the proposed property for rezoning to be used for
I
)
)
.
City Council Minutes
April 18, 1983
Page Four
development of a park in the peat bog. Mr. Fox indicated that the proposed
park in the peat bog would be for "people", without ball fields, and further
indicated that the ultimate dream is an open air swimming pool. Mr. Fox
indicated that the Lion's Club could send a letter to the City stating the
"intent of the Lion's Club to use the proceeds of the sale of the property
in the Ridgewood East Second Addition, for the development of a park in
the Peat bog.
Further discussion was carried on regarding the compatibility of the rezone re-
quest to the rest of the area. Councilmember Schuldt indicated that there was
a shortage of multiple housing zoning within the City of Elk River, and felt
that a rezone request could be a benefit to the City. Councilmember Schuldt
further indicated that as there is not a thru street~ the traffic would be re-
stricted in the area, and further indicated that the parcel of property in the
south could be used as a buffer zone from the Schoolview Addition. Council-
member Schuldt further indicated that he felt the rezone request was a better
solution than any other for this specific parcel of property.
Councilmember Gunkel indicated that she agreed with Councilmember Schuldt, but
further indicated that she had never heard of a request for rezoning in order
to make a piece of property more marketable.
COUNCILMEMBER DUITSMAN MOVED TO APPROVE THE REZONE REQUEST BY THE ELK RIVER LION'S
CLUB FOR A PARCEL OF PROPERTY IN THE RIDGEWOOD EAST SECOND ADDITION FROM THE EX-
ISTING CLASSIFICATION "OF ANR-lB TO AN R-3 CLASSIFICATION~ .COUNCILMEMBER GUNKEL
SECONDED THE MOTION~ THE MOTION PASSED 5-0.
8. Brutger Variance Request - Public Hearing
Mayor Hinkle indicated that the Brutger Companies have requested a setback var-
iance for five of their existing buildings in the Ridgewood East Second Addition.
Mayor Hinkle further indicated that the reason for the variance request appears
to be that in several incidences the eaves on one or more of the garages en-
croaches into a front or sideyard setback and some foundations encroach from .1
to .8 inches beyond the requirement. Mayor Hinkle indicated that it was basically
a clean up of a small problem that is virtually meaningless in terms of any impact
on the City Zoning or Subdivision Ordinance.
Rick Breezee, the Building and Zoning Administrator, indicated that the Brutger
Companies have been most cooperative to work with during the construction of their
project in the City of Elk River. Mr. Breezee indicated that he has been in the
building profession for the past five years and has not worked with another company
that had done as good a job and has been as cooperative to work with. Mr. Breezee
indicated that when measuring over mounds of dirt, an inch up to six inches is not
unlikely to happen.
Mayor Hinkle opened the public hearing. No one appeared for or opposed to the
variance request.
COUNCILMEMBER ENGSTORM MOVED TO GRANT A VARIANCE REQUEST TO THE BRUTGER COMPANIES
FOR A SETBACK VARIANCE FOR FIVE"BUILDINGS IN THE RIDGEWOOD EAST SECOND ADDITION.
COUNCILMEMBER DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4-0.
. Council Minutes
.... September 6, 1983
Page Three
)8,
:a
2
Consider Amending Section"404 of the City Code regarding discharge of firearms
on the Mississippi River
The City Administrator indicated that Mr. Erwin Specht has approached the City
requesting that his property in the A-I Zone of the southeast area of the City
be included in the Firearms restriction area. The City Administrator indicated
that an ordinance restricting the discharge of firearms on the Mississippi River
would be difficult to enforce, as Otsego Township borders the other side of the
river. The City Administrator indicated that there would have to be the same
cooperation from Otsego Township.
General discussion was carried on regarding the City's rights on a public water-
way such as the Mississippi River. Mayor Hinkle suggested that the City Admin-
istrator pursue the possibility of restricting the discharge of firearms with
Otsego Township. Councilmember Duitsman indicated that he wanted a public hearing
held with both the City of Elk River and Otsego Township and both interests re-
presented.
It was the consensus of the City Council to authorize the City Administrator to
check with other cities, specifically Monticello, St. Cloud, Anoka, and Champlin
as to how they deal with the problem of the discharge of firearms on the Mississippi
River.
8~. Brentwood Addition
Councilmember Duitsman questioned how the City would control the road construction
project in the Brentwood Addition to insure the project was to City standards.
The City Administrator indicated that the City Engineer will do the inspections
when the project is being constructed. Further discussion was carried on re-
garding various streets in the City of Elk River specifically Jarvis, Troy, and
Irving.
9.
Administrator's Update
A. Flag Dedication
The City Administrator indicated that the Flag Dedication ceremony is set for
September 17 from 6:00 p.m. to 8:00 p.m. with food being served, light enter-
tainment, and a program consisting of guest speakers and a fireworks display.
B. Lion's Park Acquisition and Groundbreaking
The City Administrator presented a design of the park area for the City Council's
review. The City Administrator indicated that the design incorporates the
proposal by Zack Johnson submitted for the LAWCON grant, as well as suggestions
and ideas from the Lion's Club. The City Administrator indicated that the
City's Street Superintendent, Mr. Phil Hals has done some digging in the area
to determine the levels of peat.
Mr. Phil Hals, the City Street Superintendent indicated that he took soil
borings in ten different areas of the park. Mr. Hals indicated that the soil
in the pond area and the band shelter area was the most porous with approximately
12 feet of peat. Mr. Hals further indicated that the best area with approx-
imately 3 feet of peat and then solid sand, was in the area of the proposed
,"CJ:>uncil Minutes
September 6, 1983
Page Four
3
100 car parking lot at the northwest corner of the park land. Mr. Hals
indicated that along the southern edge and up along the eastern edge, the
soil contained about 5 feet of peat and 2 feet of marl and then sand. Mr.
Hals indicated that the berm proposed in the parks design could easily be
built with the excess peat but the concern is in the parking area and
underneath the structures. Mr. Hals indicated that further analysis would
have to be done to determine if the area could support the parking lot and
the various other structures.
Councilmember Duitsman questioned the ballfields and exp~essed his concern
that he did not want organized recreation activities in the park area. The
City Administrator indicated that the proposed ballfields were not for compe-
tition, but are designed to be used for families and family type picnics and
gatherings. The City Administrator indicated that there would not be an infield
and that the area would be open space for various sport activities. The City
Administrator indicated" that after the soil analysis are received, the City
would have to determine whether the park could actually be developed. The
City Administrator indicated that the proposed final design of the park
incorporated all of the thoughts and suggestions which included a lot of open
space, a 17 foot slide hill built with the dirt from the ponding area, and
various berms around the park. The City Administrator further indicated that
plantings would be done and picnic tables placed around the park area with a
foot bridge built over the narrowest part of the pond area.
)
Councilmember Duitsman indicated that he was in favor of only one open field
and one ballfield, as he felt there should not be any organized recreation
use of the facility.
Further discussion was carried on regarding the need of more space in the City
for organized recreation programs. Discussion was also carried on regarding
the need of lighting in the park.
Councilmember Gunkel indicated that some time in the future the City Council
should consider the City dump area for a natural park with nature trails. The
City Administrator indicated tha tthe Lion's Club want to plan a groundbreaking
ceremony for the park.
It was the consensus of the City Council to wait until the soil analysis are
back and it is confirmed that a park can be developed'on the land before a
groundbreaking ceremony is scheduled.
C. Gates Avenue Improvement Project, Easements, Change Order and Progress
:)
The City Administrator indicated that he is in the process of obtaining ease-
ments in the Planned Unit Development. The City Administrator further indicated
that the Attorneys Mr. Nielson and Mr. McGibbon have the easements and further
indicated that Dietz and Barthel have signed and the concern is with the
Nickerson Estate. The City Administrator further indicated that Terry Maurer
of Consulting Engineers Diversified would address the request of a change order
on the Gates Avenue Project.
Mr. Terry Maurer indicated that after the plans and specifications were com-
pleted, the rerouting as proposed of the sanitary sewer line through Evans
and Main to the Evans Street lift station is not possible, and that in order
)
~
~
~
.
City Council Minutes
October 3, 1983
Page Seven
purchase of the land and the sale of the land to the County and the park dedi-
cation from the plat, the bottom net cost to the City would be $7,000. The
City Administrator indicated that the Gospodar's have placed a valuable price
on the lake property and further indicated that they feel they will be able
to develop three lots on the lake property. The City Administrator indicated
therefore, the preliminary plat will be redrafted to contain three lake lots.
The City Administrator further indicated that the Fairboard will pay to the City
the same price for the 7~ acres as they paid to the Gospodars for the fifteen
acres that the County will be purchasing.
Councilmember Duitsman indicated that he could not approve the deal until he
knew the exact dollars involved for the development of the new ballfield
property. The City Administrator indicated that the development costs were
included in the budget which would be reviewed at budget meetings and that the
issue at hand is simply the acquisition of the property.
Mayor Hinkle indicated that he felt the City should work in conjunction with the
County in the purchase of the land to allow the City to acquire the land that
they need for more ballfields and to allow the County to acquire the land that
they need for more fairground space.
Councilmember Engstrom indicated that he was in favor of working out the deal
as he felt is was very important that the county fair stay in Elk River.
Further discussion was carried on regarding the cost of the property the City
is purchasing vs. the cost of the property the County was purchasing from the
City. Councilmember Duitsman indicated that he had some problem with the County
paying the same amount for developed land as the City was for undeveloped land.
Further discussion was carried on regaraing the possibility that the County
would pay half of the $7,000 necessary for the land acquisition by the City.
COUNCIL~~ER DUITSMAN MOVED TO AUTHORIZE THE SALE OF THE SEVEN AND ONE-HALF
(7~) ACRES TO THE COUNTY FOR $33,500.. COUNCILMEMBER GUNKEL SECONDED THE MOTION.
THE MOTION ~PASSED 4-0.
B.
Lion's Park Development
The City Administrator indicated that Mr. Bud Houlton has agreed to a $75,000
price for the 33 acres of land known as the peat bod and that a purchase agree-
ment is being executed. The City Administrator indicated that the contractor
proposes to dig the hole after the ground freezes. The City Administrator
further indicated that in the contract with the contractor: $22,750 was for the
construction ofa 3 to 4 foot deep holding pond and that the contractors have
submitted a change order in the amount of $55,080 for the construction of a
five to six foot deep pond. The City Administrator irtdicated that an additional
$60,000 was included in the bond issue for the moving of dirt from the pond,
building of berms and hills. Further discussion was carried on regarding the
cost of the development of the park in the peat bog area, the cost of easements
and the funding available throught the Lawcon grant and the Lions. Discussion
was also carried on regarding the construction of the road into the bog area.
The City Administrator indicated that as the contractors dig the hole through
the bog area for the pipe, they will fill with good fill which would then be the
road into the bog area.
"
City Council Minutes
October 3, 1983
Page Eight
a
COUNCILMEMBER DUITSMAN MOVED TO APPROVE CHANGE ORDER #2, IN THE AMOUNT OF
$55,080, FOR THE CONSTRUCTION CONTRACT OF THE STORM SEWER PROJECT. COUNCILMEMBER
SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0.
The City Administrator indicated that the City would be applying again in 1984
for additional funding under a Lawcon grant.
C. Gates Avenue Improvement Project
The City Administrator indicated that the project has been moving along on
schedule, that the contractors are past the houses on Gates Avenue and moving
into the PUD area. The City Administrator indicated that they are expecting
to get at least one layer of blacktop done before winter.
D. Heavenly Hills Improvement Project
)
The City Administrator indicated that the contractors are working in the
Heavenly Hills Addition and further indicated that since the Council gave the
City Administrator authority to proceed with condemnation of the Jacobson
property, Mr. Jacobson has swapped that property with a person by the name
of Joel Nystrom. The City Administrator indicated that he had met with Joel
Nystrom and that it appears that he will be able to negotiate for the easement
necessary. The City Administrator indicated that the contractors are still
expecting to be completed with the project before the winter season.
E. Meeting Date for Capital Improvement Program
The City Administrator indicated that he has a Capital Improvement Program meeting
scheduled for Thursday, October 20th at 7:30 p.m. at the Library. Councilmember
Duitsman suggested that the City Administrator invite Mr. Don Kettner, Utility
Commissioner, to the Capital Improvement Program meeting.
11~ Check Register
COUNCILMEMBER ENGSTROM MOVED TO APPROVE THE OCTOBER 3, 1983 CHECK REGISTER. COUNCIL-
MEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0.
12. Tentative Agenda
The October 11th City Council meeting was cancelled.
There being no further business, COUNCILMEMBER SCHULDT MOVED THAT THE MEETING BE ADJOURNED.
COUNCILMEMBER DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4-0.
creLL ~mitted.. ~
Ph~S BOedighe~
Deputy City Clerk/Treasurer
) PB:dkk
.
e
.
RESOLUTION 83-26
WHEREAS. the City of Elk River. together with the Elk River Lions Club and other
civic organizations desire to develop a recreational park area in and
near the Elk River central downtown business district, and
WHEREAS, the City of Elk River as part of its storm sewer drainage plan requires
a storm sewer holding pond area, and
WHEREAS, it is desirable to construct the said park adjacent to a storm sewer
holding pond area located on property commonly known as the "Houlton
Bog", ana
WHEREAS, Houlton Investment Company. a Minnesota Corporation desires to join with
the City of Elk River and various other civic organizations in develop-
ing such recreational park and storm sewer holding pond areas.
NOW, THEREFORE, in order to facilitate the acquisition of land for the development
of said public park and storm sewer holding pond areas, the City of Elk
River does hereby resolve as follows:
1. That the Houlton Park Gift Agreement together with its Exhibits "A"
through "E" is hereby approved. The Mayor and City Administrator are
hereby directed to join with the Houlton Investment Company in the exe-
cution of said agreement for and on behalf of the City of Elk River.
2. The City finds that the land described in Exhibits "A" and "B" of
the Houlton Park Gift Agreement are insufficient for the full develop-
ment of a City Park. It is hereby determined that Parcel No.2, as de-
scribed on the Certificate of Survey, dated October 28, 1983, prepared
for the City of Elk River by Consulting Engineers Diversified, Inc.
is required for the completion of the Central City Park development.
the City Administrator and the City Attorney are hereby authorized to
obtain title to said Parcel No. 2 land through any means necessary, in-
cluding condemnation for a price not to exceed $75,000.00. If possi-
ble this Parcel No. 2 should be obtained through a negotiated purchase
in lieu of condemnation.
The foregoing resolution was moved by Councilmember Gunkel and seconded by Council-
member Schuldt and approved by a unanimous vote of the Elk River City Council
on the 28th day of November, 1983.
ATTEST:
----7
/-"". L :i '
/' / - I
/ -=::" .....e:' ," _
"- <? )-z'<'- """~- "~/4: .
Richard Hinkle,lMayor
,
HOULTON PARK GIFT AGREEMENT
This Agreement entered into by and on behalf of Houlton Investment Company,
a Minnesota Corporation, hereinafter referred to as 'Houlton', first party, and
the City of Elk River, hereinafter referred to as 'City', second party.
WHEREAS, the Elk River Lions Club together with 'City' and other civic
organizations desire to develop a recreational park area in and near the Elk
River Central Downtown Business District, and
WHEREAS, the City of Elk River as part of its storm sewer drainage plan
requires a storm sewer holding pond area to be located upon property now owned
by 'Houlton', to be hereinafter described, and
WHEREAS, 'Houlton' desires to cooperate in the creation and development
of said park and storm sewer ponding area.
IT IS HEREBY AGREED AS FOLLOWS:
1) That 'Houlton'shall gift to 'City' immediately upon the execution of
this agreement that land described on the attached Exhibit "A", being the land
primarily required for the development of said storm sewer drainage ponding area,
together with necessary storm sewer ditch and pipeline easements to connect said
ponding area to the outside boundary of the area surrounding said parcel "A", now
owned by Houlton, as is required to connect said ponding area to the balance of
the presently planned storm sewer system.
.
2) That, in consideration of the City's undertakings and responsibilities
expressed herein, 'Houlton', on or before December 30, 1984, shall gift to 'City'
that land surrounding said Exhibit "A" parcel, as more fully described on the
attached Exhibit "B" .1. The Exhibit "B" gifts shall contain a "right of reverter"
if the property ever ceases to be used for public purposes; provided that such
reverter shall expire 20 years from the date of the gift.
4) It is hereby agreed that the fair market value of Exhibit "A" property
shall be the sum of $51,100 and that the fair market value of Exhibit "B" property
shall be $102,240.
5) 'Houlton' is retaining for industrial or commercial or other development,
that land described on the attached Exhibit "c" and "D", as well as other land ad-
jacent to said Exhibit "B" land. As part of the plan for the improvement of said
park area and in order to afford 'Houlton' access to said Exhibit "c" and "D" prop-
erty, 'City' shall construct bituminous roadways from existing public right of ways
to the park area in such a manner that said roads will provide access for both
traffic and utilities to said Exhibit "c" and "D" property. The extension of
said roadway shall be without cost to 'Houlton' and said Exhibit "c" and "D" property
and any other property presently owned by 'Houlton' adjacent to said park area shall
not be assessed for said road improvements. The said public roads and utility right
of ways shall be acquired in 1984. The said roads shall be graded to normal city
specifications and provided with a class five gravel surface to normal city speci-
fications during 1984. The said roads shall be paved with a bituminous surface
.
)4 fl
.
.
Houlton Park Gift Agreement
Page Two
during 1985 or the year in which the said retained property is developed by
'Houlton', its successors or assigns, whichever is later.
6) Any clean fill to be left over from any 'City' excavation project
in 1983, 1984, or 1985, and not needed by 'City' shall be offered, without charge,
to 'Houlton' for the purpose of porviding fill to its remaining property adjacent
to said park area.
7) Pursuant to Document filed with the Sherburne County Recorder as No.
129894, the 'City' did reserve future roadway rights over the land described in
Exhibits "A" through "D" and other adjacent property. At such time as 'City' has
laid out its plan for roadways within said park area, 'City' shall vacate those
other reserved right-of-ways, described in said recorded document.
8) In developing present and future plans for the development of said park
area it is recognized that said park plans will have an effect upon the adjoining
property to be retained by 'Houlton'. In order to insure that such an effect is
not harmful to the best utilization of said retained land it is agreed that the
City will exercise its best efforts to design the park in a manner so that the
park is aesthetically compatible with adjoining lands and that 'Houlton' shall re-
tain the right to review and comment on the design plans of said park so as to
aid the coordination of the improvements to both sites.
9) City hereby acknowledges the existence of a storm sewer drainage outlet
located within the storm water drainage easement reservation described on the
attached Exhibit "E", and City hereby agrees that 'Houlton' has no duty to maintain
said storm water drain.
10) If City fails to abide by any of the clauses in this agreement, 'Houlton'
may elect to treat this agreement null and void and shall not be required then to
consumate any gift not at such time completed.
11) City agrees that the gifts herein contemplated satisfy any and all re-
quirements of the City of Elk River for park dedication or green area dedication
for the development of the said land presently retained by 'Houlton' and adjacent
to Exhibit "B" property.
~
Dated this 8' day of
HOULT?N INVE_S:rnENTt9~ANY
By: ) 0 J h;>-z,t.c{) -.,.
P~~e-~.6p~, 1983.
CITY~ RIVER ., ~/- ;~
r1/'E>S". By: L~.~~-?:'Z/~;
.
Its: Mayor
ATTESTED BY:
/L
) :...d /1
.
.
':,
GI IT AGREEHENT
THIS AGREEMENT is made this l.L day of t:> 6c- . , 1983, by
the LIONS CLUB OF THE CITY OF ELK RIVER, a NON ~ P{Z.~F'I O/l..G/M/lc4fiO~
-(the Lions Club) for the benefit of the CITY OF ELK RIVER, a municipal
corporation (the City).
Preliminarv Statement of Facts
The Lions Club is the fee o"~er of certain real property
situated in Sherburne County, Minnesota, legally described
on Exhibit A attached hereto and incorporated herein by
reference (the Property).
The City is acquiring certain property ror public park pur-
poses and the Lions Club wishes to provide funds for
acquisition of said park property by the City. The City
has relied upon the agreement of the Lions Club contained
herein in negotiating for the acquisition of said park
property, and the Lions Club acknowledges said reliance.
NOW, THEREFORE, in consideration or the foregoing, the parties
hereto agree as follows:
1.) Donation - The Lions Club shall tender to the City Twenty
Thousand Dollars (20,000) in cash upon demand of the City, which demand
shall not be made prior to January 1, 1984. Said monies to be applied
toward the purchase price of the land for the aforementioned public
park.
2.) Sale of Property - The Lions Club shall use its best efforts to
effect the sale of the Property as soon as possible after the date hereof
and upon the most favorable terms possible to the Lions Club. Immediately
upon sale of the Property, the Lions Club shall tender to the City the
"Net Proceeds of Sale", for use as hereinafter described.
3.) Net Proceeds of Sale Defined - The "Net Proceeds of Sale"
shall be that amount equal to the gross sales price paid to the Lions
Club for the property less real estate commissions, abstract fees,
state deed taxes, recording costs, legal fees and such additional
amounts as may be approved in writing by the Cit~.
4.) Application of Net Proceeds of Sale - The net proceeds tendered
to the City shall first be applied to the unpaid portion of the purchase
price of the arorementioned public park lands_ The remainder of said
net proceeds shall be used for the purchase, construction and/or
development or certain park equipment and/or facilities as jointly agreed
upon by the Lions Club and the Citv_
.
.
~
5.) Warranty of Title - The Lions Club warrants that, as of the
date hereof, it holds fee simple title to the Property and that there
are no restrictive covenants as to use, mortgages, liens or other
encumbrances against the Property.
6.) Failure to Sell - If the Lions Club has not sold the Property
by that date which is two (2) years from the date hereof, the Lions
Club shall on that date deliver to the City a warranty deed containing
no exceptions conveying marketable unencumbered title to the Property,
together with the abstracts of title or Certificate of Title for the
Property.
IN WITNESS 1VHEREOF, the Lions Club has executed this Agreement on
the date first above written.
LIONS
RIVER
By:
By:
Its:
~.<'~ ora'
STATE OF MINNESOTA )
)
COUNTY OF SHERBURNE )
ss.
The foregoing instrument
. C- , 1983,
1:2... day
the
the
a
~/ d- L.. Jf/Za-~
Notary Public
Janet E. GrQiil~t::&d
Notary Public-Minnesota
Sherburne County
My Comm. Exp. ~
)
e DATE: JANUARY 7,1995
TO: CITY ADMINISTRATOR PAT KLAERS
FROM: THE ELK RIVER LIONS CLUB
SUBJECT: RECREATIONAL FACILITIES IN LION'S PARK
Earlier this winter the Elk River Lions club was approached by Phil Hals of
the City of Elk River and David Anderson representing the the Parks and
Recreation Board. They presented a plan to build three youth size soccer
fields in Lion's Park to be used by the Three Rivers Soccer Association for
league play.
We do not support the plan that they presented because it stresses league
use of the facilities. A document written at the time the Lion's Park was
turned over to the city stipulates that the facilities are not to be used for
organized sports. A copy is enclosed with this memo. A vote taken by
current Lions Club members indicates that the club has not changed its
position.
-
The Elk River Lions are interested in working with the City to develope
new recreational fields for the use of the general public. As funds become
available from our pull tab operation, a portion will be designated for
Lion's Park developement. We're looking forward to working with the City
of Elk River on this.
Ed Luukkonen
Secretary, Elk River Lions Club
.
.
!,.
.
o{
l
ELK RIVER LIONS. COMMUNITY PARK
ST A TEMENT OF PURP..OSE> AND GQAL.S:
The Elk River Liet"..eollmunityPark is provided as a joint
venture of the Elk River Lione Club and the City of Elk River.
It is being developed as a scenic and recreational asset to
our community with appeal to people of all ages and a broad
range of interests.
It's use is afforded to ev.ry~ne an B fair and equitable basis.
However,it is not intended '-0,.. regularly scheduled or "league"
activities.
All organizations, groups or individuals are encouraged to
participate in the ongoing efforts to improve the Park. It
is essential that all faciliti.s .r. designed and constructed
to be aesthetically pleasing, safe end extremely resistant to
the effects of weather and heevy use.
It is vital that we strive t~ achieve and maintain a high
quality facility which is a Bauroe of both civic pride and
lasting enjoyment for the people of our community.
.
i[TI]
I-
a
..J
~
Z
......
~
0::
<:
a..
y >-
>- <
cr:: < 0 ~
~
-< I- Z
< 0 a.
a.
D- o...
. (f)
Z .
0
r---t
~
.
~
I-
W
~
~~
~
~
z
...... I-
~ a
0:: ..J
<:
a..
IE
ICE
si<^ Tl NO
RINK
[~ RIM]
.
1
I-
o
..J
~
~
Ct:
<:
0..
<:
w
0::
<
Z
W
0..
0
Y >-
>- ~
Ct < 0
3: I
I Z ~
< I- <
< 0 Q..
a..
. D- o....
(f)
Z ~
0
t---I
--1
~
[ill
1 <
~
<
~ Z
w
w W
g: 0...
(f) ~ 0
-.J
0
0
0
(f)
ICE
5K^ nl'G
. \E RINK
I-
0 ~
..J HQCKE'< RINK