7.2 SR 07-07-2025The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community
engagement that encourages and inspires prosperity
Request for Action
To
City Council
Item Number
7.2
Meeting Date
July 7, 2025
Prepared By
Chris Leeseberg, Senior Planner
Item Description
Resolution 25-38: Drainage and Utility Easement
Vacation, Daniel Pufahl, 19942 Irving St. NW
Reviewed by
Zack Carlton
Ryan Sandhoefner
Cal Portner
Tina Allard
Action Requested
Adopt, by motion, Resolution 25-38 vacating a portion of the drainage and utility easement, subject to the
condition that city engineering staff approve the final grading of the site.
Background/Discussion
The property is located at 19942 Irving Street NW and is currently encumbered by multiple large drainage
and utility easements. The applicant has submitted a request to vacate portions of these easements to
facilitate the construction of a detached garage. The building pad has been prepared, and significant grading
work has already occurred within the easement area. The applicant misunderstood where the easement was
located.
The intent of this easement was for stormwater conveyance. City engineering staff have reviewed the
proposal, and it does not appear that vacating the requested easement will negatively affect stormwater
conveyance and treatment in the area. The applicant must ensure that grading adjacent to the proposed
garage properly conveys stormwater to the remaining easement. Staff have included a condition requiring staff
to review and approve the final grade.
A portion of the proposed vacation area falls within an easement held by Xcel Energy, but the proposed
garage location is not within the easement area. If the property owner desires to build within the Xcel Energy
easement, coordination with the utility provider is required.
City staff have reviewed the request and have no concerns with the proposed easement vacation. The
easement does not provide a broader public benefit, and its removal is not anticipated to affect current or
future drainage or utility needs.
Financial Impact
None
Mission/Policy/Goal
Meet changing needs - agile.
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Attachments
1. Location Map
2. Easements Exhibit
3. Survey
4. Resolution
5. PowerPoint Presentation
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SITE
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City of Elk River, Sherburne County, MinnesotaDan Pufahl19942 Irving St. NW., Elk River, MN 55330Pt of L5&6, B2, BRENTWOODCertificate of Survey11Page 165 of 309
City of Elk River
City Council
Resolution 25-38
A Resolution of the City Council of the City of Elk River Granting a Petition
to Vacate a Drainage and Utility Easement
WHEREAS, pursuant to Minnesota Statutes Section 412.851, after two (2) weeks’
published and posted notice of the hearing and after mailing written notice of the hearing at
least ten (10) days before the hearing to each property owner affected by the proposed
vacation, the Elk River City Council has conducted a hearing to consider the vacation of the
easement legally described on the attached Exhibit “A” (“Easement”); and
WHEREAS, a public hearing on said petition was held on July 7, 2025, before the City
Council of the City of Elk River after published and posted notice had been given, and all
persons interested were given an opportunity to be heard at the public hearing; and
WHEREAS, vacation of the drainage and utility easement is appropriate as the easement
does not provide a broader public benefit, and its removal is not anticipated to affect current
or future drainage; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk
River, Minnesota, as follows:
1.The petition to vacate the drainage and utility easement, as described in Exhibit A, is
hereby granted, based upon the following Findings of Fact:
A.The Council finds the drainage and utility easement described in Exhibit A is
no longer a benefit to the public.
2.Vacation of the drainage and utility easement described in Exhibit A shall be
effective at the time of recording of the necessary documents.
Passed and adopted this 7th day of July 2025.
John J. Dietz, Mayor
ATTEST:
Tina Allard, City Clerk
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Exhibit A
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Pufahl
Easement Vacation
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Background
§Property encumbered by easements
§Wants to construct a detached garage
§Significant grading already occurred
§Building pad is prepped
§Applicant misunderstood easement location
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Background
§Staff have no concerns with the proposed easement
vacation
§Does not provide a broader public benefit
§Its removal is not anticipated to affect current or future
drainage or utility needs
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Action Requested
§Adopt, by motion, Resolution 25-38 vacating a portion of
the drainage and utility easement, subject to the
condition that city engineering staff approve the final
grading of the site
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