6.10. SR 08-18-1997~ity of
River
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Item# 6.10.
Mayor and City Council
Ach, City Planner.~~_~
Steve
August 18, 1997
Request to Vacate a Portion of
Quinn Avenue by Beaudry Oil Co.,
Public Hearing Case No. EV 97-4
Issue
Consider vacating a portion of Quinn Avenue, allowing Beaudry Oil Company
the possible opportunity of expanding their business into the vacated street.
Attachments
· Location map
· Site plan
· Letter from Bryan Adams dated August 8, 1997
Background
Approximately 4 months ago, Mr. Beaudry contracted with John Weicht to
make various improvements to Beaudry Oil's bulk storage facility located
between Proctor and Quinn Avenue immediately south of the Burlington
Northern Railroad tracks. One of the improvements involved pouring a
concrete pad and installing three above-ground storage tanks of
approximately 6,000-8,000 gallons each. The concrete pad and storage tanks
have been installed within the right-of-way of Quinn Avenue. According to
Bryan Adams, the concrete pad is also on top of a watermain in Quinn
Avenue. Mr. Beaudry was notified a vacation request would need to take
place to allow the expansion of his operation into Quinn Avenue. Until this
matter is resolved, the Fire Chief has requested all of the storage tanks be
drained and not utilized until Quinn Avenue is vacated and a conditional use
permit approved to expand the bulk storage facility. It is my understanding
in speaking with the Fire Chief the tanks have been drained and present a
much safer condition and less likelihood of any spill prior to the proper
containment being constructed around the tanks.
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425
Memo to the Mayor and City Council/EV 97-4
August 18, 1997
Page 2
Analysis
In speaking with the Wastewater Treatment Supervisor and the Elk River
Municipal Utilities Manager, they have indicated they would not support
vacating Quinn Avenue. Currently, there is watermain along the east
portion of the road, sanitary sewer down the center of the street, and
underground electric along the west portion. Besides utilities in Quinn
Avenue there is still a long range transportation issue for this area.
Eventually when the corner of Highway 10 and Proctor is redeveloped, a
frontage road of some configuration will need to be constructed. Until the
exact alignment is determined vacating right of way may be premature.
Ownership
The property under question was created possibly along with an Auditor's
Subdivision from the 1940's. Depending upon the ownership of Quinn
Avenue, whether it be dedicated right-of-way or an actual easement with
underlying fee owners will affect the vacation action of Quinn Avenue. If, in
fact, Quinn is an easement with the underlying fee owners, the city can
vacate the easement back to those property owners. On the other hand, if
Quinn Avenue was granted to the public in the form of right-of-way, the
proper vacation procedure would be through a court action. Until ownership
of Quinn Avenue is determined, staff would recommend postponing action on
the requested action. Therefore, staff is recommending if the Council
supports vacating a portion of Quinn Avenue, the applicant (Beaudry Oil)
provide the city with additional information on the actual ownership of
Quinn Street so the proper vacation process can be completed. On the other
hand, if the Council does not support the application to vacate a portion of
Quinn Avenue, a motion can be made to deny the application.
Recommendation
It is recommended the City Council deny the easement request by Beaudry
Oil Company based on the uncertainty of the ownership of Quinn Avenue and
the existing utilities currently located within Quinn Avenue and the need to
continue these utilities.
\\elkriver\sys\shrdoc\council\ev9 7- 4. doc
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LOCATION
~/~( ' LOCATION
Elba[River
Elk River. ~IN 55350
Beaudry
Oil. , Company
Steve Ach
City of Elk River
Beaudry
PROPANF
July 2, 1997
630 Proctor Avenue
Elk River, MN 55330
(800) $37-4117
(612) 441-2383
FAX (612) 441-1688
Listed below are the reasons f~r the request by Beaudry Oil Compmy to vacate the acr, h end of
Q.i~ ave.
1. Beaudxy Oil ~ does all snow removal ofthe street
2. Beaudry Oil lm ma/ntained b~ and all ma/~ma~ ofthe north ead of Quire
3. The public does not have ~njoym~ of North (~grm Ave.
4. 3ha'e is no value f~ tl~ City ofEIk Riv~ to keep nalh earl ofQuirm whea ~ ~d ~
5. Na. th earl of Q.~ Ave would help Beaud~ Oil Company mea required set-backs of oxisti~
KenBe~udry
Be~udry Oil Company
Fuel 0/I · D/ese/Fuel · Motor 0i/· Propane · Wholesale Gaso//ne· Conven/ence Stores
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ELK RIVER MUNICIPAL UTILITIES
322 King Avenue
Elk River, Minnesota 55330
Phone (612) 441-2020
Fax (612) 441-8099
To: Steve Ach
Elk River City Planner
August 8, 1997
From: Bryan C. Adams
Subject: Vacation of Easement on Quinn Avenue
Oil Storage Tanks for Beaudry Oil
Late this spring Robert McCartney and myself met with John Weicht, contractor for Beaudry
Oil about this subject. At that time John Weicht had just poured the concrete pad for the storage
tanks in the street right- of- way and covered up one of their water gate valves with the concrete
pad, our water main is at the edge of this concrete pad. He asked us to locate the gate valve, so
as to minimize the amount of concrete he had to remove to expose the gate valve. John stated
he would expose the valve box within the week. This valve box is yet to be exposed. At the time
we explained to John he was on street right-of-way and why did he not follow proper procedures
and obtain the necessary permits from the city. We did not get an answer'. As a side note, the
fire code should be checked for no dike walls are provided around the storage tanks.
We all make great efforts cooperating with the public but I have little sympathy for people who
deliberately ignore or sidestep city regulations and ordinances and have great difficulty granting
variances or to vacate easements to make these actions legitimate.
That being said, Quinn Avenue provides the only access to our Well # 3. Utility personnel go to
this facility via Quinn Avenue 3 to 5 times a day. We maintain a 8" water main on the east side of
the 66' Quinn Avenue right-of-way and a 3 phase overhead electrical line on the west side of
this right-of-way. The water main is under the edge of the newly poured concrete pad for the
above ground oil tank. If Quinn Avenue is closed, we must retain utility easements for the water
and utility lines. This easement would prohibit building facilities within the easement area as is
now the case.
We request Quinn Avenue remain open as is, the easements provisions be retained, and the
newly constructed facility be removed. We are not against expanding ones business
opportunities, but expand on your property, or make proper arrangements before expanding.
",K K,ver r,re ueparTmenT
and ,Ambulance Service
Elk River, Minnesota 55330
November 12, 1984
Beaudry Oil Co.
Hwy 10 & Lowell Ave.
Elk River, Minnesota
55330
Attn: Ken Beaudry
Dear Ken; .,
It has been brought to my attention that 2 bulk storage
tanks were installed in your bulk plant location along the
Railroad tracks. These tanks will have to be installed
properly to meet the Minnesota Fire Code standards.
I am enclosing a copy of code pages for you to follow. This
is to be done by January 1, 1985, or the tanks will have to
be removed from the city of Elk River.
If you have any questions, c'all me or the State Fire Marshalls
office.
Thank you,
Russ Anderson, Fire Chief
Elk River, Minnesota 55330