6.3. SR 02-19-2002MEMORANDUM
Item # 6.3.
TO:
Mayor and City Council
FROM:
Chris Leeseberg, Planner
DATE:
February l9,2002
SUBJECT:
Case No. EV 02-02
Elk River Municipal Utilities - Easement Vacation to vacate part
of Fourth Street, formerly known as Depot Street
Request
The Municipal Utilities requests an Easement Vacation to vacate part of Fourth Street,
formerly known as Depot Street.
Location
1705 Main Street, East side of Main Street, just north of the Municipal Power Plant
Attachments
· Location Map
· Street Vacation Exhibit
· City Engineers Memo
· Resolution 02-
Zoning/Land Use
Rlc, Single Family Residential / MR, Medium Density Residential &
R2, Two Family Residential ? MR, Medium Density Residential
Overview
As Elk River Municipal Utilities continues to expand its services in the Elk River Area, there
is a need to provide space for adequate storage and maintenance of their equipment. Their
proposed building would require a portion of the vacated easement area for expansion.
City Council
February 19, 2002
Page 2
Approximately one third of Fourth Street will be vacated to allow the proposed building
addition. The remaining portion of Fourth Street will be maintained as a Drainage and
Utility Easement for the current utilities in that area.
The area proposed to be vacated is used by Elk River Municipal Utilities for the storage of
equipment and supplies. No street is constructed within the right of way, and none is
proposed in the near future. The Fourth Street right of way will be maintained north of the
power plant in the residential area.
Recommendation
Staff recommends that the City Council approve the request for an Easement Vacation to
vacate part of Fourth Street, formerly known as Depot Street, with the following conditions:
I. ALL COMMENTS OF THE CITY ENGINEER BE ADRESSED
S:\PLANNING\Case Files\EV 02-01 4th St\EV 02-01_CC.DOC
2
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Case Number:
EY 02-01
Location Map
Elk River Municipal Utilities
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LEGEND
% - DENOTES IRON MONUMENT FOUND
0 - DENOTES IRON MONUMENT SET
- DENOTES AREA TO BE RETAINED AS
December 19. 2001 2:46:~6 ~.m. 0 20 DRAINAGE AND UTILITY EASEMENT
816400J~dwg~816400~SE.DWG
STREET VACATION EXHIBIT
iver
CONSULTING ENGINEERS
Howard R
,Green Company
January 16, 2002
File: 816820J-0240
Ms. Michele McPherson
Director of Planning
City of Elk River
13065 Orono Parkway
P.O. Box 490
Elk River, MN 55330-0490
RE: ELK RIVER MUNICIPAL UTILITIES PROPOSED BUILDING
Dear Ms. McPherson:
As requested, we have reviewed the submittal package for the proposed Elk River
Municipal Utilities' new building to be located at the power plant site. Based on our
review, we would offer the following comments:
As you are aware, there are currently two buildings located on this site. The
proposed building would be located to the north of the original power plant building,
adjacent to Main Street. The building is proposed to be approximately 40 feet wide
and 130 feet long. A major portion of the building would be garage space with the
doors facing away from Main Street. The far north end of the building would be
office space.
At the staff review meeting, the Fire Chief raised the issue of whether or not the
building would be sprinklered due to hazardous types of activities that happen on
this site. The Fire Chief has since confirmed with me that he has discussed this
issue with Bryan Adams, and it is the intent of the Elk River Municipal Utilities to
sprinkler one of the existing buildings to comply with fire and building codes for
hazardous activities.
o
As you can see from the submittal package, the grading plan for the site
development was prepared by our firm. Drainage will flow from north to south
along the front (Main Street) side of the building and around the south end. The
remaining portion of the drainage on the east side of the building will flow to the
east.
In order to accommodate the proposed layout of the building, vacation of the 4th
Street public right-of-way will be necessary. The building actually encroaches a
small portion into that right-of-way. There currently is no street constructed in that
right-of-way and there are no plans for any street construction in the future. The
City does have sanitary sewer facilities and a forcemain that comes from the
western area of the City constructed in the right-of-way. We will be prepared at a
Ltr 01-16-02 McPherson
1326 Energy Park Drive · St. Paul, MN 55108 · 651/644-4389 fax 651/644-9446 toll free 888/368-4389
Ms. Michele McPherson
January 16, 2002
Page Two
later City Council meeting to recommend approval of the vacation of 4th Street with
the condition that adequate drainage and utility easements are maintained to allow
access to the utilities for maintenance and operation.
If you have any questions regarding this information, please call.
Sincerely,
Howard R. Green Company
Terry J. Maurer, P.E.
TJM:tw
Ltr 01-16-02 McPherson
Howard R, Green Oompany
QONSULTING ENGINEERS
RESOLUTION 02 -
RESOLUTION FOR THE CITY OF ELK RIVER
A RESOLUTION FOR VACATING EASEMENTS
Case No. EV 02-01
WHEREAS, the Municipal Utilities has requested that the City Council vacate a
portion of 4th Street such easement according to law; and,
WHEREAS,
a public hearing was held on February 19, 2002, 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 on February 5, 2002, 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 request.
NOW, THEREFORE, BE IT RESOLVED that such request is hereby granted and
the easement described as follows is hereby vacated:
See attached Exhibit A
Adopted by the Elk River City Council this 19th day of February, 2002.
ATTEST:
Stephanie Klinzing, Mayor
Sandra Peine, City Clerk
S:\PLANNINGXCase FilesXEV 02-01 4th St\RESOLUTION 02.doc
EXHIBIT A
FOURTH STREET VACATION DESCRIPTION
That part of Fourth Street, formerly Depot Street, as dedicated in the plat of
Auditor's Addition to the Village of Elk River, according to said plat on file
and of record in the office of the County Recorder, Sherburne County
Minnesota, which lies Southeasterly of the Southwesterly extension of the
Northwesterly line of Lot 1, Block 2, said Auditor's Addition to the Village of
Elk River and which lies Northwesterly of the Southwesterly extension of the
Northwesterly line of Lot 5, said Block 2.