12-21-1998 CC MIN - Laserfiche WebLink

Home Browse Search

Elk River City Council Minutes December 21, 1998 Page 6 COUNCILMEMBER HOLMGREN MOVED TO APPROVE ORDINANCE 98-29 AMENDING THE CITY OF ELK RIVER ZONIG MAP TO REZONE CERTAIN PROPERTY FROM RIC (SINGLE FAMILY RESIDENTIAL) TO C4 (COMMUNITY COMMERCIAL). COUNClLMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED ~,-0. Request bv James Anderson for Easement Vacation, Public Heorinfl Case No. EV 98-7 Planning Assistant Scott Harlicker stated that James Anderson is requesting to vacate 14 feet of a 20 foot drainage and utility easement. Scott reviewed the staff report with the City Council. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. Councilmember Dietz stated that the neighbors in the area are concerned about the drainage if the easement is vacated. COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 98-144 FOR VACATING A DRAINAGE AND UTILITY EASEMENT ON LOT 3, BLOCK 1, HERITAGE LANDING. MAYOR DUITSMAN SECONDED THE MOTION. James Anderson indicated that the developer who deeded the easement to the city did not have ownership of the property when the easement was given. He stated that although he does not believe the city has not have ownership of the easement, he is requesting to vacate the easement to clear up the situation and correct the legal description of his property as the easement has been recorded by the county. Tom Droegemuller, 13328 1791/2, Ave NW, indicated that a drainage ditch has been put in place to protect the surrounding homes and if the easement is vacated, a concern exists whether the drainage ditch will be filled in. City Engineer Terry Maurer indicated that the developers have corrected the drainage problem. He stated that there is no drainage swale located in the area that is being proposed to be vacated. City Attorney Peter Beck indicated that the City would not be able to rely on the present easement. He stated that if the city needed to use the easement it would have to either negotiate or go through the eminent domain process. THE MOTION FAILED 2-3. Councilmembers Thompson, Dietz, and Farber opposed. 6.5. Request by Richard Bury for Administrator Subdivision, Public Hearing Case No. AS 98-9 Planner Steve Wensman stated that Richard Bury is requesting an administrative subdivision to subdivide a 26.04 acre parcel into a 7.5 acre lot and a 18.54 acre lot. Steve reviewed the staff report with the Council. He stated that staff recommends approval with two additional conditions: 1 ) That the trail easement issues be resolved pdor to platting.