6.1. & 6.2. SR 06-07-1993
ITEMS 6.1. & 6.2.
TO: MAYOR AND CITY COUNCIL
FROM: STEPHEN ROHLF, BUILDING AND ZONING
ADMINISTRATOR
DATE: JUNE 2, 1993 "'5 tL
SUBJECT: EASEMENT VACATION FOR A PORTION
OF UPA DRIVE AND REVIEW PRELIM.
AND FINAL PLAT OF THE CREAMERY
ADDITION BY THE CITY OF ELK RIVER/
PUBLIC HEARING, EV 93-02 & P 93-10
The city of Elk River owns Lots I, 2, 3, 4, and 5, Block 8,
Village of Elk River. This was the site of the old City Hall
on the corner of Highway 10 and Main Street. The issues before
the City Council are the vacation of that portion of UPA Drive
as public right-af-way that is included in the property and the
rearrangement of these lots into 2 parcels for the purpose of
selling one of the parcels ta United Power Association.
PLAT
Attached is a copy of the proposed "Creamery Addition." The
southern lot (Lot 1, Block 1) has an existing filtration
building situated on it and is proposed to be retained by the
City of Elk River. The northern lot (Outlot A) is proposed to
be sold to United Power Association. The boundaries of Outlot
A jog around the existing filtration building 5 feet to
accommodate building code. Further, Outlot A is proposed to be
dedicated as a drainage and utility easement on the plat. The
city Attorney has discussed this easement with United Power
Association. This easement will be reduced to only the
locations the City actually needs to accommodate utilities and
be dedicated through easement documents instead of the plat.
The plat will be revised to reflect only the normal easement
around the perimeter of Outlot A, prior to recording. The
outlot by definition would be unbuildable.
Staff is recommending approval of this plat subject to the
easement vacation of that portion of UPA Drive and revising the
easement over Outlot A. The Council should also consider if
park dedication should be paid. At $1,500 per acre, total park
dedication fees would be $3,243.00. No new lots are being
created, however, this parcel has not paid park dedication in
the past. This lot split is being accomplished as an
administrative subdivision, therefore, Planning Commission
review is not required.
EASEMENT VACATION
That portion of UPA Drive included in the City's property
being proposed to be vacated as public right-af-way.
is
This
P.O. Box 490 e 13065 Orono Parkway @ Elk River, MN 55330 E> (612) 441-7420 @ Fax: (612) 441-7425
UPA, Easement Vacation and Plat
June 2, 1993
Page 2
portion of road currently only serves as access to the City's
filtration building and United Power Association's complex.
Access to the filtration building will still be needed. A
driveway easement can not be dedicated through the platting
process so a separate document will be needed, as indicated in
the purchase agreement with UPA.
Staff is recommending approval of the vacation of that portion
of UPA Drive contingent upon appropriate drainage and utility
easements and an easement for accessing the filtration building
being dedicated.
SALE OF PROPERTY TO UPA
The sale of property must be reviewed by the Planning
Commission unless the Council determines that the sale of the
property has no affect on the Comprehensive Plan. Further,
staff included in the public hearing notice for the easement
vacation that the property is proposed to be sold to UPA.
RESOLUTION 93 -
RESOLUTION FOR THE CITY OF ELK RIVER
A RESOLUTION FOR VACATING PUBLIC ROAD RIGHT-OF-WAY
WHEREAS, a majority of the property owners abutting the road
right-of-way have requested the City Council in a
petition dated April 20, 1993, to vacate such easement
according to law; and,
WHEREAS, a public hearing was held on May 17, 1993, and
continued to June 7, 1993, before the City Council at
the Elk River City Hall on such petition after due
published and posted notice had been given, as well as
personal notice to affected property owners by the
clerk on May 7, 1993, and all persons interested were
given an opportunity to be heard; and,
WHEREAS, it appears that it will be in the best interest of the
City to approve such petition;
NOW, THEREFORE, BE IT RESOLVED, that such petition is hereby
granted and the road right-af-way described as follows is
hereby vacated:
That portion of UPA Drive which lies within Block
8, Village of Elk River, according to said plat,
Sherburne County, Minnesota.
Adopted by the Elk River City Council this 7th day of June,
1993.
Henry A. Duitsman, Mayor
ATTEST:
Sandra A. Thackeray, City Clerk