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7.7. SR 07-17-2017City of Elk az — River Request for Action To Item Number Mayor and City Council 7.7 Agenda Section Meeting Date Prepared by Public Hearings June 19, 2017 Zack Carlton, Planning Manager Item Description Reviewed by Simple Plat: John Lenz, Elk River Screw Job Peter Beck, City Attorney Reviewed by Cal Portner, City Administrator Action Requested Adopt, by motion, a resolution granting final plat for Elk River Screw Job, with the following conditions: 1. Either the city acquire Oudot B, Cascade Industrial Park as right-of-way, or the applicant acquire the parcel and incorporate it into Lot 1, Block 1, Elk River Screw Job. 2. Staff approval of the updated plat reflecting the changes described above. 3. Surface Water Management Impact Fee be paid on 1.2 acres in the amount required by the city when the plat is released for recording ($1,326/acre) 4. Park Dedication shall be paid on 1.2 acres in the amount required by the city when the plat is released for recording (6% of county assessed value) Background/Discussion Case No. P 17-06 In an effort to facilitate approval of this plat, city staff has been in contact with the owner of Outlot B, Cascade Industrial Park, to discuss acquisition by the city for inclusion as city right-of-way. If the parcel were to become right-of-way, Lot 1, Block 1, would abut a public street and the plat can be updated and approved. If the owner of Oudot B is unwilling to convey the property to the city or the applicant, the plat cannot be approved as proposed. Financial Impact None Statutory Review Period Per State Statute, the required 120 -day review period for a plat ends on July 27, 2017. Attachments ■ City Council packet dated April 17, 2017 ■ City Council staff report dated May 15, 2017 ■ City Council staff report dated June 19, 2017 ■ Resolution P a w E A E U s r NaA f RE] Request for Action To Item Number Mayor and City Council 7.9 Agenda Section Meeting Date Prepared by Public Hearings April 17, 2017 Zack Carlton, Planning Manager Item Description Reviewed by Simple Plat: John Lenz, Elk River Screw Job Peter Beck, City Attorney Reviewed by Cal Portner, City Administrator Action Requested Open and continue the public hearing to May 15, 2017. Background/Discussion Case No. P 17-06 The proposed subdivision does not comply with Section 30-471 of the Elk River city code, which states "All lots shall abut and have direct access to a street." The plat includes two lots, and Lot 1, Block 1, does not abut a public street. This issue was created when Cascade Industrial Park was platted in 2003. Staff and the City Council noted the concern during their review and included a condition to remedy the situation. The condition was not satisfied, and the subdivision cannot be approved until Outlot B of Cascade Industrial Park is conveyed to the applicant and included in the current simple plat application. Staff recommends continuing the public hearing to provide the applicant with an opportunity to acquire Outlot B of Cascade Industrial Park, and update the final plat for Elk River Screw Job. Financial Impact None Statutory Review Period Per State Statute, the required 120 -day review period for a plat ends on July 27, 2017. Attachments ■ Final Plat of Elk River Screw Job ■ Staff Comment Letter dated January 10, 2003 ■ City Council Minutes from January 13, 2003 ■ Resolution 03-07 AR ELK RIVER SCREW JOB CITY ELK RIVER SHERBURNE COUNTY, MN I�iOW ALL P®tBONBHY i11F®PH�119:]hrkhe P.Lsr, i�mryrhekhe P.ImsRxoobbTvesdrAp®rthtlA�tIR 1999.owve AP9mcW d�miyWbymetigComdl ef0letlgaBBhHMm.BMAmM Lbm9S 7!®eW u�mrde6feWmme_Aprd .�_ rdpomibrot�9�Lwrm[�dTOW4idEslediemeGmbdl�E®G 91m A/Bmm4mw2 She Wrt365.00 kdefbelLr B]A000ret0le Nr6199AD9:r, odete89w® 336.006r 01theNot®790.009Atef®s99r1317.009AtMtdeBY 370.W -� ®r. rmermtl Ym3MeNm®rd Bmlarevpectlee4r,of®e PmdrMQrtlwo(®eNmOrrQerma97aNm ]3, ]hwooA;ip33,iIrpl0, rh180eRmm Caovg, Hlmmu -cmy4kk Nterasd dr wtmmbevrgd wwlPWedr17ZYR71A3Q11W JlB weddorhembFdedirleb�gg'�@Ylra.bqublbmto¢vaberr�m m lhme m Oti Plr ke dnlbee0e rdm3g PwPrr m1Y• krhes.whmmfrld ]oho F.Lm,Whmmm rt�rhmdthb_dgof .]D km F.Iem m9 emaBhlmmt;Gmgr of 9hebrpie0bm�mtwreeherrkd{adhabrms®le_dg9t .30_h7 bhe P.4m,91nwR a'Rslehe P.IaaYrmeeNs fYvwwedrApe®rtdrd Aop119, 1999. tit, Nrm7 Pab9h, Cur61 A7mmb h17 Ce®ismegim IheabS mOy bblhwemrgW wed pbOed Ox bd,rdheMly mprridmerngbOrdpYtlos�belddw�NmOxp4r1LLC%IV11tBQ6W ]OH; �t®bplelitereratepremWm eflhshrmbryerrc3;®tte0 me®metlrl dmmdbhab we membdteiyrcdmbephrbre0mmmrb dephedmMb 9lrhmhrmnoolyrro(®eMa(11b mNfioum, dl wet]r6dwurhamEvisddlPb9oM+otlwrnad Yhddrddmd b Nimrom 9wtar lOSAI, eohd A LymP.(Lwdhld7mwtlm h/immYlhseNw ]]039 BmsOfhlireeeb. C9mq of7hedbmt She Sre{doidrem'ofe Catlfirbwrertmcde0{eElefsarlb;e_0N o! .m_b L mP.bcmO.ImdBimev, A1®eede U.—Mo. 19037. pd -d Nabry Poh9q Oosq, A/mmle 1dltCmwolrheOlws ILeN7m0�YtPOMeviErro(tltleLrbmprrblb rE umtlrA i/m4rJlEreEy 9Pr�m+PlurbbmrlmmEmeb _dW.f .MRi-OWAemo9' Prwrtm 9hvdrm:Carg ONerm9kuhr006,] hvehPm014 d[NePlelhrhem r8mtd rd eppwedrmmmpYrrrlm CLtpm 905,311mms91mbthb Ihw�7 mt11S WaM9'ehble0te31+_mlbEchatlebamlWd m:PtlE le M.mE Veersm EemeTmtmm.rE�elme4fwmeeE kb_A1'af .30 IhroMthrthYmehmwolwr Aedbme OIDmafthe CamgYmdr btnmAmthb dryof .2 ✓r_oTb$_.N, m nee d* delr eretded r Dal®rt 97p Oliver Surveying & Engineering, Inc. ELK RIVER SCREW JOB 11111-1 11 111 It /I-11 F.- �1 F_ �, bON MONbMEN, 1 OF iE I E II, It, N89*59'55"W 12135.13D 7- 8 il LINIII IIIUI 'IF 1� I- L 11 /F N' ill 1,1 /1. 111, 1T. CITY OF ELK RIVER SHERBURNE COUNTY, MN VICINITY MAP 13, T. 32, R. 26 N 'Do7-7,7=77- -----------------------L N. NE 1'4 T,, \NC 1-1 SITE U, -th and III- FIC, being odi ring lot 1,1 FI i,d, as shown 589659'55"E 215.130 7 i� . - — ---------- ------ - - - — — --- — — — — — — — — I`IFITI`FNI,211ool 'FEI1/4DF ii — — — — In s II II I I II II I II L-------------------- — — — — — — — -- — — — — — — S89*59'55"E 215.00 3"T T IF U1 THE 11, /F I ill III l /I 3 /4 111IE1 III F. 2, CITY OF ELK RIVER SHERBURNE COUNTY, MN VICINITY MAP 13, T. 32, R. 26 N 'Do7-7,7=77- N. NE 1'4 \NC 1-1 SITE U, -th and III- FIC, being odi ring lot 1,1 FI i,d, as shown adjoining 5 feet I—, on pi,il SE 1/4 N GRAPHIC SCALE 50 25 FD 10 SCALE I INCH — 50 FEET I,, the -p—, or IhF plat, the East U- or the N,E,/4, S11 13 T. 32, R 26, Is assumed t. b ­ _t, 00'54 21 It— • D:I.�:: IF, monument to.. d D 0 111 , 4 _II2 I PIL S 305, 9) D ... F Sh,,b,,n, C ... ty LF,I — Monument. -bog, and thus: Utility Easements B,i,g 10 U- U,1 -1—I, I width and otherwise U, -th and III- FIC, being odi ring lot 1,1 FI i,d, as shown adjoining 5 feet I—, on pi,il I Oliver Surveying & Engineering, Inc I Howard R. Green Compan,� Mr. Scott Ha,rlicker Senior Planner City of Elk River RE, CASCADE INDUSTRIAL PARK FINAL PLAT w »Alqniiipgiig� A City of Elk River, We have two comments:-, they are as follows: Where Buchanan Street NW curves into 162nd' Avenue NW at the north end of the plat�, there is an Ouitlot B shown that was not on the preliminary p!lat�, Outloit B is a relatively I i adjacent to small, triangular piece of property located on the north side of the roiad and ' property outside of the plat. The question is what is planned for Outlot B? Willil': it be 2ttached to the property outside the plat, but adjacent to Outlot B? if not, it could act as a 11; spite strip" preventing access, from this parcel to the publi'c street. Z The finiail plat creates a third' lot along Jarvis Street at the south end of the plat. This lot approximately 20i7 feet wide and 700 feet deepi, The issue is where will the drainage fro this lot goi? Based on the preliminary plat, the drainage from thiis lot should end up in t: III pond proposed in the drainage easement partially contained o in Lt 2, Block o 1'. Hwev there are no easements; across Lot 2, Bilock 1 that would allow for drainage from Lot 3 c:rosis to the proposed holding pond. Therefore, additional drainage and utility easemen; should be providedon Lot 2 to facilitate drainage from, Lot 3 into the pondiing area, If you have any questions regarding these issues, lease call'. Sincerely, Howard R, Green Company Terry J. curer, P,.E. TJM:sw Ur -01 1003-Harficker 11!326 Energy Park Drive , at. Paul!,, MIN 55108 - 6511/64.4-4389 tax 6511:/644-9446 toll free 888/368-4389 City Council Minutes January 21, 2003 Page 4 COUNCILMEMBER KUESTER MOVED TO AUTHORIZE STAFF TO DRAFT AN ORDINANCE AMENDING SECTION 2-212 OF THE EXISTING ORDINANCE RELATING TO THE HERITAGE PRESERVATION COMMISSION BY DELETING THE LANGUAGE "AND MUST RESIDE IN THE CITY: AND REPLACING IT WITH THE FOLLOWING LANGUAGE: "IT IS EXPECTED THAT A PREFERENCE BE GIVEN TO ELK RIVER RESIDENTS, BUT RESIDENCY BY ITSELF SHALL NOT BE A DISQUALIFICATION. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 4-1. Mayor Klinzing opposed. COUNCILMEMBER TVEITE MOVED TO AUTHORIZE STAFF TO DRAFT AN ORDINANCE AMENDING SECTION 2-252 (A) OF THE EXISTING ORDINANCE RELATING TO THE ICE ARENA COMMISSION BY DELETING THE LAST SENTENCE OF SECTION (A) AND REPLACING IT WITH THE FOLLOWING LANGUAGE: "IT IS EXPECTED THAT A PREFERENCE BE GIVEN TO ELK RIVER RESIDENTS, BUT RESIDENCY BY ITSELF SHALL NOT BE A DISQUALIFICATION. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-1. Mayor Klinzing opposed. Open Mike No one appeared for Open Mike. 6.1. Request by Cascade Land Co. for Final Plat Approval Cascade Industrial Park, Case No. P 01-20 Staff report submitted by Senior Planner Scott Harlicker. Mr. Harlicker stated that the applicant is requesting to amend the final plat for Cascade Industrial Park. Mr. Harlicker stated that the applicant is proposing to plat three lots along Jarvis Street instead of two. He discussed the existing site conditions, lot and street layout, grading, drainage, utilities, and park dedication fees. Councilmember Motin questioned what is planned for Oudot B. Jim Brown, Director of Development for Cascade Land Company — Stated that they would be willing to deed Oudot B to the adjacent property owner. COUNCILMEMBER TVEITE MOVED TO ADOPT RESOLUTION 03-07 GRANTING FINAL PLAT APPROVAL FOR CASCADE INDUSTRIAL PARK, CASE NO. P 01-20, WITH THE FOLLOWING CONDITIONS: 1. A DEVELOPERS AGREEMENT OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS BE PREPARED AND EXECUTED PRIOR TO RELEASING THE PLAT FOR RECORDING. 2. ALL COMMENTS OF THE CITY ENGINEER BE SHALL BE ADDRESSED. City Council Minutes January 21, 2003 Page 5 3. STREET LIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER UTILITIES 4. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS OF THE PUBLIC IMPROVEMENTS. 5. UPON COMPLETING ALL OF THE IMPROVEMENTS AND HAVING THEM ACCEPTED BY THE CITY, A WARRANTY BOND IN THE AMOUNT OF 25% OF THE IMPROVEMENT COSTS SHALL BE SUBMITTED TO THE CITY FOR THE PERIOD OF ONE YEAR. 6. SURFACE WATER MANAGEMENT FEE IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 7. A SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 8. A GRADING AND EROSION CONTROL PLAN BE APPROVED BY THE CITY ENGINEER 9. ALL DISTURBED AREAS SHALL BE GRADED AND SEEDED. 10. ALL APPROPRIATE EASEMENTS SHALL BE SHOWN ON THE PLAT. 11. ALL WELLS ON LOTS ABUTTING THE WEST BOUNDARY OF THE PLAT BE LOCATED TO THE EAST AS FAR AS POSSIBLE. 12. PARK DEDICATION FEES IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 13. THAT OUTLOT B BE DEEDED TO THE ADJACENT PROPERTY OWNER TO THE NORTH. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.2. Request by Pat/Lou Perd for Variance, Public Hearing — Case No. V 02-08 — Appeal Staff report submitted by Planner Chris Leeseberg. Mr. Leeseberg stated that the applicant is requesting a variance to allow construction of a detached garage within the 35' front yard setback on his corner lot, which has two front property lines. Mr. Leeseberg gave a brief history of the variance request and discussed the five conditions that must be met in order for Council to grant a variance. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. RESOLUTION NO. 03 - 07 CITY OF ELK RIVER A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR: Cascade Industrial Park Case No. P 01- 20 WHEREAS, application has been made for final plat approval, pursuant to Section 1008.08 (1)(c) of the Elk River City Code of Ordinances, of the property legally described on attached Exhibit A and hereinafter referred to as "the Property"; and WHEREAS, the application for preliminary plat approval has been referred to the Planning Commission which has given its advice and recommendation to the City Council; and WHEREAS, a preliminary plat of the Property was approved by the City Council on November 19, 2001; and WHEREAS, the proposed final plat is consistent with the preliminary plat as approved by the City Council; and WHEREAS, the proposed final plat complies with each of the conditions set forth by the City Council in its approval of the preliminary plat of the Property; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELK RIVER, as follows: 1. It is hereby determined by the City Council for the City of Elk River as follows: A. The proposed subdivision is consistent with the Zoning Ordinance and conforms with all of its requirements. B. The proposed subdivision is consistent with all applicable general and specialized city, county, and regional plans including, but not limited to, the City's Comprehensive Development Plan. C. The physical characteristics of the site, including , but not limited to, topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and drainage are suitable for the type and density of development and uses contemplated. D. The proposed subdivision makes adequate provision for water supply, storm drainage, sewage transportation, erosion control and all other services, facilities and improvements otherwise required herein. E. The proposed subdivision will not cause substantial environmental damage. F. The proposed subdivision will not conflict with easements of record or with easements established by judgment of a court. G. The proposed subdivision will not have an undue or adverse impact on the reasonable development of neighboring land. 2. Final plat approval is hereby granted for the Property, subject to the conditions set forth in attached Exhibit B. 3. The officers of the City are hereby authorized, once the conditions set forth in Exhibit B are met and complied with, to sign the final plat for the Property and to issue a certified copy of this Resolution giving final approval of the plat. 4. The owner of the Property is authorized to record the final plat as required by law and shall file proof of said recording with the City. No building permits will be issued for the Property until the final plat is recorded. 5. This final plat approval shall expire one year from the date of this resolution if the final plat is not recorded within that time. The foregoing resolution was introduced by Council Member Tveite and duly seconded by Council Member Dietz. The following voted in favor of the Resolution. Mayor Klinzing, Councilmembers Tveite, Dietz, Kuester and Motin The following voted against the Resolution: None The following were absent: None SAPLANNING\RESOLUTI\P01-20.DOC Page 2 WHEREUPON the resolution is adopted. Passed and adopted this day of.� 2003. y►' 1v�x \ 1/" Steph ie Klinzing, M4,46, CERTIFICATE STATE OF MINNESOTA COUNTY OF SHERBURNE CITY OF ELK RIVER I, the undersigned, being the duly qualified and acting Clerk of the City of Elk River, Minnesota, hereby certify that the above resolution is a true and correct copy of the resolution as adopted by the City Council of the City of Elk River on / -.Ql o3 , 2003. WITNESS my hid officially as such Clerk and the corporate seal of the City this -2,1 -4 day of ,- c� , 2003. Sandra Peine, City Clerk STATE OF MINNESOTA SS. COUNTY OF SHERBURNE The foregoing instrument was acknowledged before me this;,�y da of 2003, by Stephanie Klinzing, Mayor, City of Elk River, Minnesota TINA M. ALLARD NOTARY PUBLIC • MINNcSOTA rt MY CommissionExpirmjan,31,20ps Notary Public STATE OF MINNESOTA SS. COUNTY OF SHERBURNE __. The foregoing instrument was acknowledged before me this A day of 2003, by Sandra Peine, City Clerk, City of Elk River, Minnesota. OEM - TINA M. ALLARD Notary Public NOTARY PUBLIC • MINNESOTA My Commission Expires Jan, 31, 2005 EXHIBIT A LEGAL DESCRIPTION The West 265 feet of the East 815 feet, as measured along the North line of the Southeast Quarter of the Northeast Quarter; togetherwifh the South oo feet of the North -2154 --fleet of -the- East-55a— feet, as measured along the East and North lines respectively, of said Southeast Quarter of the Northeast Quarter: together with the South 326 feet of the North 590 feet of the West 215 feet of the East 550 feet. as measured along said East and North lines respectively, of said Southeast Quarter of the Northeast Quarter; all in Section 13, Township 32, Range 26, Sherburne County, Minnesota. AND That part of the Southeast Quarter of the Northeast Quarter of Section 13, Township 32. Range 26, Sherburne County, Minnesota !;ing Westerly of the East 815 feet of said Southeast Quarter of the Northeast Quarter, as measured along the North line of said Southeast Quarter of the Northeast Quarter. AND The South 33 feet, as measured ct right angles, of the East 550.feet, as measured along the North line, of the Southeast Quarter of the Northeast Quarter of Section 13, Township 32, Range 26, Sherburne County, Minnesota. AND The North 33 feet of the East 500 feet of the Northeast Quarter of the Southeast Quarter of Section 13. Township 32. Range 26, Sherburne County, Minnesota. AND The North 330 feet of the West 550 feet of the Northeast Quarter of the Southeast Quarter of Section 13, Township 32, Range 26, Sherburne County, Minnesota; together with that part of the North 540 feet of said Northeast Quarter of the Southeast Quarter lying Easterly of the West 550 feet of said Northeast Quarter of the Southeast Quarter and lying Westerly of the East 540 feet of said Northeast Quarter of the Southeast Quarter, together with the South 300 feet of the North 540 feet of the East 365 feet of said Northeast Quarter of the Southeast Ouarter; together with that part of said Northeast Quarter of the Southeast Quarter lying Southerly of the North 540 feet of said Northeast Quarter of the Southeast Quarter and lying Easterly of the West 550 feet of said .Northeast Quarter of the Southeast Quarter which lies Northerly of a line which is 30.00 feet Northerly of the following described line: Commencing at the Northeast corner of said Northeast Quarter of the Southeast Quarter; thence South along the East line of said Northeast Quarter of the Southeast Quarter a distance of 1220.36 feet to the point of beginning: thence westerly, deflecting to the right 91 degrees 23 minutes 25 seconds, a distance of 753.01 feet to the East line of the West 550 feet of said Northeast Quarter of the Southeast Quarter and there terminating. Document2 Page 5 EXHIBIT B Conditions: 1. A DEVELOPERS AGREEMENT OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS BE PREPARED AND EXECUTED PRIOR TO RELEASING THE PLAT FOR RECORDING. 2. ALL COMMENTS OF THE CITY ENGINEER BE SHALL BE ADDRESSED. 3. STREET LIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER UTILITIES 4. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS OF THE PUBLIC IMPROVEMENTS. 5. UPON COMPLETING ALL OF THE IMPROVEMENTS AND HAVING THEM ACCEPTED BY THE CITY, A WARRANTY BOND IN THE AMOUNT OF 25% OF THE IMPROVEMENT COSTS SHALL BE SUBMITTED TO THE CITY FOR THE PERIOD OF ONE YEAR. 6. SURFACE WATER MANAGEMENT FEE IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 7. A SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 8. A GRADING AND EROSION CONTROL PLAN BE APPROVED BY THE CITY ENGINEER 9. ALL DISTURBED AREAS SHALL BE GRADED AND SEEDED. 10. ALL APPROPRIATE EASEMENTS SHALL BE SHOWN ON THE PLAT. 11. ALL WELLS ON LOTS ABUTTING THE WEST BOUNDARY OF THE PLAT BE LOCATED TO THE EAST AS FAR AS POSSIBLE. 12. PARK DEDICATION FEES IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 13. THAT OUTLOT B BE DEEDED TO THE ADJACENT PROPERTY OWNER TO THE NORTH. S:\PLANNING\RESOLUTI\P01-20.DOC Page 6 City of Elk River Request for Action To Item Number Mayor and City Council 7.3 Agenda Section Meeting Date Prepared by Public Hearings May 15, 2017 Zack Carlton, Planning Manager Item Description Reviewed by Simple Plat: John Lenz, Elk River Screw Job Peter Beck, City Attorney Reviewed by Cal Portner, City Administrator Action Requested Continue, by motion, the public hearing to June 19, 2017. Background/Discussion Case No. P 17-06 Staff and the applicant continue to discuss options to address the concerns regarding direct access and frontage to a public street. After the April 17, 2017, meeting, staff spoke with the property owner of Oudot B, Cascade Industrial Park and he is not willing to sell the parcel to the applicant. Other options discussed include transfer of easement rights and working within the private streets section of the ordinance. None of these options have proven to be favorable to the city, and we continue to work with the applicant to find a resolution to the situation. The plat cannot be approved as the proposed subdivision does not comply with Section 30-471 of the city code which states "All lots shall abut and have direct access to a street." The plat includes two lots and Lot 1, Block 1 does not abut a public street. This issue was created when Cascade Industrial Park was platted in 2003. Staff and the City Council noted the concern during their review and included a condition to remedy the situation. The condition was not satisfied, and the subdivision cannot be approved until Oudot B of Cascade Industrial Park is conveyed to the applicant and included in the current simple plat application. The public hearing was opened and continued during the last meeting, and staff is asking the City Council to continue the hearing to June 19, 2017. Financial Impact None Statutory Review Period Per State Statute, the required 120 -day review period for a plat ends on July 27, 2017. Attachments ■ None P a w E A E U s r NaA f RE] Request for Action To Item Number Mayor and City Council 7.1 Agenda Section Meeting Date Prepared by Public Hearings June 19, 2017 Zack Carlton, Planning Manager Item Description Reviewed by Simple Plat: John Lenz, Elk River Screw Job Peter Beck, City Attorney Reviewed by T. John Cunningham, Fire Chief Action Requested Continue, by motion, the public hearing to July 17, 2017. Background/Discussion Case No. P 17-06 Staff, the applicant, and the adjacent property owner have yet to come to an agreement regarding the property needed for inclusion in the plat of Elk River Screw Job. The public hearing was opened and continued on April 17, 2017, and May 15, 2017. Staff is asking the City Council to continue the hearing to July 17, 2017, at which time staff will have worked with the applicant and adjacent property owner to secure a deed for the needed land and update the plat, or will present the Council with a resolution of denial. Financial Impact None. Statutory Review Period Per State Statute, the required 120 -day review period for a plat ends on July 27, 2017. Attachments ■ None AR City of Elk *�� River Resolution 17- A Resolution of the City of Elk River Granting Final Plat Approval for Elk River Screw Job Case No. P 17-06 WHEREAS, application has been made for administrative subdivision approval, pursuant to Section 30-392 of the Elk River City Code of Ordinances, of the property legally described on attached Exhibit A and hereinafter referred to as "the Property"; and WHEREAS, the proposed final plat complies with each of the conditions set forth by the City Council in its approval of the plat of the Property. NOW, THEREFORE, BE IT RESOLVED It is hereby determined by the City Council for the City of Elk River as follows: A. The proposed subdivision is consistent with Chapter of 30 of the City Code of Ordinances and conforms with all of its requirements. B. The proposed subdivision is consistent with all applicable general and specialized city, county, and regional plans including, but not limited to, the City's Comprehensive Plan. C. The physical characteristics of the site, including, but not limited to, topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and drainage are suitable for the type and density of development and uses contemplated. D. The proposed subdivision makes adequate provision for water supply, storm drainage, sewage transportation, erosion control and all other services, facilities and improvements otherwise required herein. E. The proposed subdivision will not cause substantial environmental damage. F. The proposed subdivision will not conflict with easements of record or with easements established by judgment of a court. G. The proposed subdivision will not have an undue or adverse impact on the reasonable development of neighboring land. P O w E R E U 9 1 AUR 2. Final plat approval is hereby granted for the Property, subject to the conditions set forth in attached Exhibit B. The officers of the City are hereby authorized, once the conditions set forth in Exhibit B are met and complied with, to sign the final plat for the Property and to issue a certified copy of this Resolution giving final approval of the plat. 4. The owner of the Property is authorized to record the final plat as required by law and shall file proof of said recording with the City. No building permits will be issued for the Property until the final plat is recorded. This final plat approval shall expire two years from the date of this resolution if the final plat is not recorded within that time. Passed and adopted this 17th day of July, 2017. John J. Dietz, Mayor ATTEST: Tina Allard, City Clerk P O W E R E D 0 Y AUR EXHIBIT A LEGAL DESCRIPTION The West 265.00 feet of the East 815.00 feed of the North 198.00 feet, and the South 326.00 feet of the North 590.00 fees of the West 215.00 feet of the East 550.00 feet, as measured along the North and East lines respectively, of the Southeast Quarter of the Northeast Quarter of Section 13, Township 32, Range 26, said Sherburne County, Minnesota. POWERED 0Y AUR EXHIBIT B CONDITIONS OF APPROVAL 1. Either the city acquire Oudot B, Cascade Industrial Park as right-of-way, or the applicant acquire the parcel and incorporate it into Lot 1, Block 1, Elk River Screw Job. 2. Staff approval of the updated plat reflecting the changes described above. 3. Surface Water Management Impact Fee be paid on 1.2 acres in the amount required by the city when the plat is released for recording ($1,326/acre) 4. Park Dedication shall be paid on 1.2 acres in the amount required by the city when the plat is released for recording (6% of county assessed value) P O W E R E D 0 Y `4AVR ver Resolution 17- --� I --I i, �6�, -L-L-7-06)-7C A Resolution Approving the Acquisition of Real Property WHEREAS, Montgomery Family Partnership LLP, a Minnesota limited partnership, ("Owner") is the fee owner of real property legally described as Outlot B, Cascade Industrial Park, Sherburne County, Minnesota, according to the recorded plat thereof ("Property"); WHEREAS, the 2003 approval of the Cascade Industrial Park plat, was on condition that the Property be deeded to the adjacent property so that all properties had access to Buchanan Street N.W.; WHEREAS, the Property was not conveyed as required by the plat approval; WHEREAS, Owner has agreed to convey the Property to the City by quit claim deed for a purchase price of $100; WHEREAS, acquisition of the Property by the City is in the best interest of the City because it will provide appropriate access of all adjacent properties to the public right-of-way. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, Minnesota, as follows: Click here to enter text. 1. The City Council finds that acquisition of the Property has no relationship to the comprehensive municipal plan. The requirements of Minn. Stat. §462.356 are hereby dispensed with; 2. The acquisition of the Property under the terms provided in this Resolution is hereby approved and the Mayor and City Clerk are hereby authorized to execute and deliver all necessary documents to record the quit claim deed to the Property, conditioned upon release of any mortgages against the Property. Passed and adopted this 17th day of July, 2017. John J. Dietz, Mayor ATTEST: Tina Allard, City Clerk 193466v2