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4.1. ERMUSR 09-11-2012Elk River; Municipal U UTILITIES COMMISSION MEETING TO: FROM: Elk River Municipal Utilities Commission Troy Adams, P.E. — General Manager John Dietz — Chair Daryl Thompson — Vice Chair Al Nadeau — Trustee MEETING DATE: AGENDA ITEM NUMBER: September 11, 2012 4.1 SUBJECT: Easement Considerations for Property Adjacent to Diesel Power Plant BACKGROUND: Located east of ERMU's power plant is a 6.6 acre lot with the address 1703 Main St NW (Parcel ID 75- 133 - 4210). This property has no recorded easement for access to Main Street and currently accesses the property through the ERMU Diesel Power Plant property (Parcel ID 75- 411 -0110) and ERMU Shop and Storage Building (Parcel ID 75- 411 - 0130). On July l7, the Utilities Commission authorized Utilities staff to begin evaluating the specifics of the issue and work towards developing a mutually beneficial solution. The authorization for preliminary work was limited with a $4,000 maximum cost. DISCUSSION: Staff has been working with the City of Elk River on determining possible solutions. The Utilities contracted Hakanson Anderson to provide survey work. A proposed access running line was staked along the east boarder of the Utilities' property and connected to Main Street to the north of the property. The City and State met at the site for a Technical Evaluation Panel meeting. The City has communicated with ERMU that the proposed route or any route that disrupts the wetland or wetland fringe would not be supported. The City is the Local Governing Unit that would have final authority on this. There are a number of options for consideration: 1. Grant easement through the current point of access through the material storage yard and along the south of the Utilities' Diesel Power Plant. Regardless of compensation for the easement, this option would create potential future issues with security and access regulations for an electrical generation facility. This would also continue exposure to liabilities that exist with public access through a municipally owned utilities' material yard and travel adjacent to a municipally owned generation facility. This would also continue exposure to theft. However, this option would be desirable to the property owner and to the City's Environmental Administrator. RR P e E drE e e r Page 1 of 2 N" A Fy l VR� Reliable Public Power Provider P o w r n r o T o S r x v r 2. A modification to Option #1 would be to reroute the existing access farther to the south and fence off the access. Rerouting this existing access farther to the south would not eliminate the liabilities adjacent to the power plant because there is limited space directly south of the plant. 3. Formally document the easement concerns through the current point of access and appeal for reconsideration by the City. 4. Do nothing. Continue to allow access through the Utilities' property and not grant an easement. This would continue the exposure to liabilities of public access through the Utilities' property. This also continues the Utilities' exposure to theft and vandalism. 5. Fence off the property to eliminate the liability and improve inventory security. The owner would need to work with the property owners to the north and the City on a solution that doesn't involve the Utilities. This option provides benefit to the Utilities without investment into the solution. 6. Develop a solution that eliminates the need for vehicle access through the Utilities' property. ACTION REQUESTED: Staff looks for Commission discussion and direction. ATTACHMENTS: • Sherburne County, MN Beacon Satellite map of 1703 Main St NW (Parcel ID 75 -133- 4210) PI�EAEI 11 Page 2 of 2 !NARWEI Reliable Public¢ P O W E R E D To S E R Y E Poorer Providw k } j i } 1639 a; i Street NW Elk River, MN Gate Created: 13/8/2012 W. Parcel ID 75 -411 -0210 Alternate ID n/a Owner Address n/a sec /Twp /Rng 33 -33 -26 glass 201 - Residential 1 unit Property Address 1639 MAIN ST NW Acreage 0.20 ELK RIVER District ELK RIVER CITY Brief Tax Description n/a (Note. Not to be used on legal do a.11nertN) Last Data Upload: ad: 8/8/20'.12 136:34 I'M Disclaimer: Every attempt has been made to ensure that the information contained on this web site is valid at the time of publication. Sherburne County developed by reserves the right to make additions, changes, or oonections at anytime and without notice. Additionally, Sherburne County disclaims any and all liability for The Schneider Corporation damages incurred directly or indirectly as a result of errors, omissions or discrepancies and is not responsible for misuse or misinterpretation. Data is e cneer or p updated periodically. For the most current information contact the appropriate county department. Schneider www.schneidercorp.com