6.5. SR 3-11-202Howard R, Green Oompany
Item 6.5.
March 6, 2002
File: 815640J-0045
Honorable Mayor and City Council
City of Elk River
13065 Orono Parkway
P.O. Box 490
Elk River, MN 55330-0490
RE:
ZANE STREET IMPROVEMENTS
EMINENT DOMAIN RESOLUTION
Dear Council Members:
Since February 25, 2002, when the public hearing for the Zane Street improvements
were held and the City Council passed the resolution ordering the improvement, we
have been discussing with Mr. Dwight Kirkeide the small impact to his property and the
possibility of him granting a permanent easement for these improvements, along with a
temporary construction easement. We have done some additional survey work in the
area of Mr. Kirkeide's property and have looked at alternatives to minimize the impact to
his land. These alternatives include eliminating the sidewalk which was proposed on his
side of the street, adding retaining walls to the project to minimize backsloping
requirements onto his property, and adding additional screening by way of planting
evergreen trees in the area impacted. We met with Mr. Kirkeide on Tuesday, March 5,
2002, and discussed the project in further detail, and specifically the changes we could
make to the proposed improvements to mimize impacts to his property.
Mr. Kirkeide has been relatively steadfast in his protection of his property. Although we
have explained to Mr. Kirkeide that this is a project initiated by the City in an effort to
close an unsafe intersection with TH 10, Mr. Kirkeide sees this project as being a benefit
to the commercial area of Saxon Motors and Napa Auto Parts and does not feel he
should be asked to give or sell easements to facilitate the project which benefits others
and has no benefit directly to him. We concluded the meeting on Tuesday with Mr.
Kirkeide by telling him that if he had any other suggestions that would make this
palatable to him to please contact us. When asked if he would absolutely not allow the
granting of the easements for purposes of facilitating the proposed improvements, Mr.
Kirkeide was somewhat evasive and did not directly answer the question. Therefore, I
would recommend that the City Council adopt the attached resolution authorizing
eminent domain of the small portion of Mr. Kirkeide's property necessary for the
improvements. This resolution and attached description contain the necessary area to
construct the road and the sidewalk along with temporary easements for backsloping
purposes.
Ltr 3-6-02 Council
1326 Energy Park Drive · St. Paul, MN 55108 · 651/644-4389 fax 651/644-9446 toll free 888/368-4389
Honorable Mayor and City Council
March 6, 2002
Page Two
City staff would recommend that the Council authorize hiring Mr. Howard Roston, who is
currently working on the 175th Avenue land acquisition issues, to represent the City on
this issue. We would also suggest that staff continue to have a dialogue with Mr.
Kirkeide to see if there is some middle ground where we could meet his needs while still
facilitating the improvements to Zane Street. If all else fails, by passing the resolution
and hiring Mr. Roston to proceed with a petition to the courts, we will be in a position to
continue the improvement in the 2002 construction season.
If you have any questions regarding this issue, I will be in attendance at your March 11,
2002, City Council meeting.
Sincerely,
Howard R. Green Company
TJM:tw
Enc.
Ltr 3-6-02 Council[I]
Howard R, Green Company
CONSULTING ENGINEERS
~OV'?
SEC. I0.
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PARCEL
TEMPORARY CONSTRUCTION
EASEMENT
NO. 5
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SAXON CHEVROLET SIGN
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Februory 06, 2002 7:37:16 om
815640j\EASEMENT\815640E DWG
- DENOTES PROPOSED PERMANENT
STREET, DRAINAGE AND UTILITY EASEMENT
- DENOTES PROPOSED PERMANENT
DRAINAGE AND UTILITY EASEMENT
ZANE AVENUE IMPROVEMENTS
EASEMENT EXHIBIT
DWIGHT AND JANE KIRKEIDE
CONSULTING ENGINEERS
RESOLUTION NO.
CITY OF ELK RIVER
COUNTY OF SHERBURNE
STATE OF MINNESOTA
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ELK RIVER
AUTHORIZING EMINENT DOMAIN AND ACQUISITION OF REAL PROPERTY IN
ACCORDANCE WITH MINN. STAT. § 117.042
RECITALS
WHEREAS, the City of Elk River is a statutory city organized and existing under the laws
of the State of Minnesota 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;
WHEREAS, the City of Elk River, by previous action, has designated Municipal
Development District No. 1 ("Development District") which Development District is coterminous
with the city limits of the City of Elk River;
WHEREAS, the City of Elk River has adopted a development program for the
Development District ("Development Program");
WHEREAS, in accordance with the Development Program, the City of Elk River has
deemed it advisable to encourage development within the Development District in an effort to
increase the tax base of the City of Elk River, provide for employment opportunities within the
City of Elk River and otherwise benefit the health, safety, morals and welfare of the residents of
the City of Elk River in accordance with the public purpose provisions of applicable state and
local laws;
815640J-0045 RESOLUTION 3-6-02 2
WHEREAS, the City of Elk River adopted the Elk River 1995 Comprehensive Plan
("Comprehensive Plan") on December 18, 1995;
WHEREAS, the 1995 Comprehensive Plan identifies the area within the Corporate limits
of the City of Elk River which is planned to have city water and sanitary sewer service available;
WHEREAS, the City of Elk River completed the East Elk River Urban Services Area
Planning Study ("Planning Study") in May, 1997;
WHEREAS, the 1997 Planning Study identifies the transportation and utility corridors in
the East Elk River Urban Services Area;
WHEREAS, the construction of Zane Street Improvements is scheduled for completion
during the summer of 2002;
WHEREAS, City staff has been engaged in ongoing efforts to acquire the necessary
right of way for the construction of the Zane Street Improvements, but has been unable to
acquire all right of way necessary for the project;
WHEREAS, the City of Elk River deems it necessary and convenient to acquire the
necessary right of way in order to complete the reconstruction of the Zane Street Improvements
and to further the objectives of the Development Program, the 1995 Comprehensive Plan and
the 1997 Planning Study by developing and establishing public roads and providing for certain
utilities including water, sanitary sewer, storm sewer, and electricity in the East Elk River Area;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River:
1. In order to carry out the purposes and objectives of the Development Program,
the 1995 Comprehensive Plan and the 1997 Planning Study, to provide for continued
development within the Development District, and to complete the construction of the Zane
Street Improvements, it is necessary to acquire fee title and temporary easements to certain
real property from the property owners identified in Exhibit A attached hereto ("Real Property").
2. The acquisition of the Real Property by the exercise of the power of eminent
domain in the manner provided for by Minnesota Statutes Chapter 117 serves a public purpose
815640J-0045 RESOLUTION 3-6-02 2
and is deemed to be necessary to further the objectives of the Development Program, the 1995
Comprehensive Plan and the 1997 Planning Study.
3. The City of Elk River deems it necessary for the purposes of completing the
construction of the Zane Street Improvements and encouraging development in the
Development District, increasing the tax base therein, and generally providing for the health,
safety, morals and welfare of its citizens to acquire said Real Property.
4. Because the construction of the Zane Street Improvements is to begin in early
2002, prior to the time by which court-appointed commissioners could reasonably be expected
to render their award for the taking of the Real Property, 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 real property, which amount
shall be equal to the city's approved appraisal value as determined by City staff.
5, The City of Elk River staff is hereby authorized and directed to execute all
documents and contracts necessary to acquire the Real Property from the owners identified in
Exhibit A, which actions include the specific authorization to: (a) obtain appraisals or minimum
damage assessments of the real property interests to be acquired; (b) make written offers to
affected property owners and negotiate such offers to a successful conclusion; (c) acquire the
real property interests needed at the appraised value plus additional damages, if any, as
approved by the City Administrator; and (d) in circumstances where negotiation proves to be
unsuccessful or has already proven to be unsuccessful, condemn the real property interests
needed under the procedures provided for in applicable Minnesota Statutes, and in compliance
with all requirements of said statutes, including using the quick take procedure set forth in Minn.
Stat. § 117.042.
615640J-0045 RESOLUTION 3-6-02 2
6. At all times during and after construction reasonable ingress and egress shall be
maintained and permitted to the Real Property.
7. To the extent that temporary easements are being acquired as set forth herein,
the duration of the temporary easements shall expire no later than May 30, 2003.
8. City of Elk River staff is further authorized and directed to take all action
necessary to implement this authorization including obtaining appraisals or minimum damage
assessments of all property interests to be acquired and retaining legal counsel to assist in
commencing condemnation. Any actions previously taken by staff in this regard are hereby
ratified and affirmed.
The motion for adoption of the foregoing resolution was introduced by Councilmember
and duly seconded by Councilmember , and
upon a vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
Dated: March 11, 2002
Stephanie A. Klinzing, Mayor
ATTEST:
Sandra A. Peine, City Clerk
815640J-0045 RESOLUTION 3-6-02 2
EXHIBIT a
Dwi,qht L. and Jane A. Kirkeide
Street, Drainage, Utility, and Construction
Perpetual and temporary easements for street, drainage, and utility and construction purposes
over that part of the following described property:
All that part of Government Lot 2, Section 10, Township 32, Range 26, Sherburne County,
Minnesota, lying Northerly of the Westerly extension of the South line of the Northwest 1/4 of
the Northwest 1/4, Section 11, said township and range.
Which lies within the following described perpetual easement for street, drainage, and utility
purposes:
That part of Government Lot 2, Section 10, Township 32, Range 26, Sherburne County,
Minnesota, which lies Northeasterly of a line described as follows:
Beginning at a point on the North line of said Government Lot 2, distant 25.00 feet Westerly of
the Northeast comer of said Government Lot 2; thence Southeasterly to a point on the East line
of said Govemment Lot 2, distant 33.00 feet Southerly of said Northeast corner of Government
Lot 2 and said line there terminating.
And also:
Which lies within the following described perpetual easement for drainage and utility purposes:
That part of said Govemment Lot 2, which lies Northeasterly of a line described as follows:
Beginning at a point on said North line of Government Lot 2, distant 38.00 feet Westedy of said
Northeast corner of Government Lot 2; thence Southeasterly to a point on said East line of
Govemment Lot 2, distant 50.00 feet Southerly of said Northeast comer of Government Lot 2
and said line there terminating.
Except that part which lies within said first above described perpetual easement.
And also:
Which lies within the following described temporary easement for construction purposes:
That part of said Government Lot 2, which lies Northeasterly of a line described as follows:
Beginning at a point on said North line of Government Lot 2, distant 50.00 feet Westedy of said
Northeast comer of Government Lot 2; thence Southeasterly to a point on said East line of
Government Lot 2, distant 60.00 feet Southerly of said Northeast corner of Government Lot 2
and said line there terminating.
Said temporary construction easement is to expire on May 30, 2003.
815640J-0045 Easement Parcel No. 5
Page 1 of 1
Peine, Sandy
From: bdgreen [bdg reen@sherbtel, net]
Sent: Monday, March 04, 2002 12:58 PM
To: cityclerk@ci.elk-river, mn. us
Subject: Lets compare ATV or Developer?
I am sure by now you all have read the articles primed by the Star Tribune, regarding the
misuse of ATV and the damage left to our forests and other wildlife areas. If not here is a
URL that will connect you to "Tracks on the land: Nature pays the price as ATVs hit
Minnesota's woods"
http ://www. startribune, com/stories/531 / 1633242.html
I found this article to be at lease informative of what is happening regarding the popularity
of the vehicles.
I do not own one. I am not an advocate of the vehicles. I am open minded though to at least
learning of the effects and also of the viewpoints of the owners~riders.
Now lets consider this: What about the damage that is done by the approval of developments
that forever alter the Landscape? Here in Elk River it goes on and on. Hillside 8th. Lets clear
cut and level so the developer can build his ninety plus houses. Lets let the developer of
Trott Brook (or Trout Brook as they cannot seem to get the signage figured out) go ahead
and build to 25 foot driveway instead of the required 30 feet.
We have plenty of fields. Why destroy all that timber? Why not build forty houses?
I wonder which is the greater evil. ATV or development?
Of course development may mean higher tax revenues. Which is what every city wants. And
the developers can even give us land for park use. Yippee.
Parks are a great way to replace what should have been conserved in the first place. At least
that is what is in the minds of some.
3/5/2002