Gt. of

RENG2021 CITY COUNCIL MEETING STAFF REPORT

To: Honorable Mayor and City Council MembersFrom: Steve Kohn, Planning Manager, April 7, 2021Meeting Date: April 12, 2021

Agenda Item Number: 09. N.

Title

Drainage and Utility Easement Vacation Request by Gadient Brothers Properties, LLC for Lots 1and 2, Block 6, CHARLSON CREST 5th ADDITION

Purpose

To Review and Take Action on the Drainage and Utility Easement Vacation Request

Recommended Action

1. Motion to Adopt Resolution No. 7634 Vacating Certain Drainage and UtilityEasement Between Lots 1 and 2, Block 6, CHARLSON CREST 5th ADDITION.

2. Motion to Adopt Resolution No. 7638 Dispensing with the Requirement for theAdvisory Planning Commission to Review the Proposed Vacation of Certain Drainageand Utility Easements Between Lots 1 and 2, Block 6, CHARLSON CREST 5thADDITION.

Attachments

Resolution No. 7634

Resolution No. 7638

Aerial Photo ( 2020)

Background

Gadient Brother Properties, LLC, 1617 Hay Creek Valley Road, has submitted an application fora Drainage and Utility Easement Vacation for Lots 1 and 2, Block 6, CHARLSON CREST 5thADDITION, which are located at the northern end of Chalet Court. The applicant is proposing tocombine the lots to create a single building site. The existing lots are challenging to develop

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due to the shape of each lot and grade; the applicant has a customer that would like to combine

the parcels for a single home.

Existing Drainage and Utility ( D& U) easements exist along both sides of the property line thatcurrently divides Lots 1 and 2. The applicant is requesting that these two 5' wide D& Ueasements be vacated in order to move ahead with the parcel combination and home

construction. Please see the attached Exhibit A of Resolution No. 7634/ Resolution No. 7638

and the attached aerial photo for reference.

Analysis

Staff from Public Works, Engineering, and Community Development have reviewed theeasement vacation proposal and has determined that no City utilities are currently located in theeasement and that there are no future plans to use the easement. The remaining drainage andutility easements along the perimeter of the site appear to be adequate. It also appears that a

single home on this challenging site is appropriate.

The City Attorney has determined that the vacation of drainage and utility easements is anaction that falls under State Statue 462. 356 that requires that the Planning Commission reviewand comment unless the council adopts a resolution to dispense with that review. It has been

the City Council' s practice to adopt a resolution to dispense with the review when the matter is asimple correction related to property lines and easements and there is no particular guidancefrom the City' s Comprehensive Plan. Staff recommends that the council dispense with the

review process for this reason.

Staff Recommendation

Staff recommends a motion to adopt Resolution No. 7638 dispensing the PlanningCommission' s review of the proposed drainage and utility easement vacations, as discussedabove.

Staff recommends a motion to adopt Resolution No. 7634 vacating the drainage and utilityeasements, as requested.

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RESOLUTION NO. 7638

A RESOLUTION DISPENSING WITH THE REQUIREMENT FOR THE

PLANNING COMMISSION TO REVIEW THE DISPOSAL OF REAL PROPERTY

RELATED TO THE VACATION OF CERTAIN DRAINAGE AND UTILITY

EASEMENTS IN PORTIONS OF LOTS I AND 2, BLOCK 6, CHARLSON CREST

5TH ADDITION

WHEREAS, State Statute 462.356 establishes a procedure whereby the City' s planning agency isto review proposed actions that involve acquisition or disposal of real property, or any capitalimprovements within the municipality, by the governing body or special districts or agencies thereof, and

WHEREAS, said State Statute 462.356 states that said planning agency is to review the proposedacquisition, disposal, or capital improvement and make a report in reference to its findings as to

compliance with the comprehensive municipal plan; and

WHEREAS, said State Statute 462.356 further states that the governing body may, by resolutionadopted by two-thirds vote dispense with the requirement of this procedure when in its judgment it findsthat the proposed acquisition or disposal of real property or capital improvement has no relationship to thecomprehensive municipal plan; and

WHEREAS, the City of Red Wing adopted the Comprehensive Municipal Plan on February 25, 2019; and

WHEREAS, the Red Wing City Council has determined that it is in the public' s best interest tovacate a portion of certain drainage and utility easements in Lots I and 2, Block 6, CHARLSON CREST5TH ADDITION, City of Red Wing, Goodhue County, Minnesota, as described and illustrated in theattached Exhibit A, in order to combine said lots for a single home site and that there is no public need for

the easement; and

WHEREAS, it appears that this vacation of drainage and utility easements is in the public' s bestinterest and there is no reference to this vacation in the Comprehensive Plan.

NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Red Wing herebyfinds that there is no relationship between the proposal to vacate certain drainage and utility easements inLots I and 2, Block 6, CHARLSON CREST 5TH ADDITION and the Comprehensive Municipal Plan.

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BE IT FURTHER RESOLOVED that the City Council dispenses with the requirement of StateStatute 463. 356 in reference to the review by the Planning Commission of the proposed action.

Adopted this day of , 2021.

Becky Norton, Council President

ATTEST:

Teri L. Swanson, MCMC

City Clerk

seal)

Presented to the Mayor at p.m. on this day of , 2021.

Approved this day of , 2021.

Michael Wilson, Mayor

M1

Exhibit A

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PROPOSED EASEMENT VACATIONU

9DESCRIPTION A 5 S• S

The 5. 00 foot wide drainage and utilityeasement as dedicated in CHARLSON

CREST 5TH ADDITION, according to therecorded plat thereof, on file in the W. LINE LOT 1

County Recorder' s Office, GoodhueLOTCounty, Minnesota, which lies westerly of E. LINE LOT 2

and adjoining the easterly line of Lot 2, 00h

Block 6 of said CHARLSON CREST 5TH CD

ADDITION. EXCEPT that part that lies rn 2within the northerly 5. 00 feet of said Lot o

2, Block 6; and also EXCEPT that part thatJ-

PROPOSED EASEMENT VACATION B D

lies within the southerly 10.00 feet of said MLot2,2, Block 6.

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BLOCK5 PROPOSED EASEMENT VACATION

DESCRIPTION B

6 The 5. 00 foot wide drainage and utilityM easement as dedicated in CHARLSON

CREST 5TH ADDITION, according to theMrecorded plat thereof, on file in the

PROPOSED EASEMENT VACATIONAC) County Recorder' s Office, Goodhue

5 0 County, Minnesota, which lies easterly ofand adjoining the westerly line of Lot 1,

LOT Block 6 of said CHARLSON CREST 5THh

ADDITION. EXCEPT that part that lies

within the northerly 5. 00 feet of said Lot5 1, Block 6; and also EXCEPT that part that

lies within the southerly 10. 00 feet of saidLot 1, Block 6.

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RESOLUTION NO. 7634

A Resolution Vacating Certain Drainage and Utility EasementsLocated Within a Portion of CHARLSON CREST 5TH ADDITION

WHEREAS, Gadient Brothers Properties, LLC, 1617 Hay Creek Valley Road, (" Applicant"), is

the owner of Lots 1 and 2, Block 6, CHARLSON CREST 5TH ADDITION, according to the plat thereofon file and of record in the office of the County Recorder for Goodhue County, State of Minnesota; and

WHEREAS, the Applicant has submitted an application for a Combination of Parcels and for

Drainage and Utility Easement Vacations in order to combine said Lots 1 and 2 to create a building sitefor a single home; and

WHEREAS, the Applicant has specifically petitioned the City to vacate the existing 5' wideDrainage and Utility Easements located along both sides of the existing property line that separates Lots 1and 2, which is described and illustrated in the attached Exhibit A; and

WHEREAS, the City of Red Wing does hold drainage and utility easements on said property; and

WHEREAS, the City of Red Wing has no plans to use said drainage and utility easementsproposed for vacation; and

WHEREAS, the City of Red Wing received said petition on March 23, 2021; and

WHEREAS, the City Council reviewed the petition at a meeting held on April 12, 2021; and

WHEREAS, it appears it will be in the best interests of the City to approve such request and theCity now desires to vacate said drainage and utility easements.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Red Wing herebyvacates the drainage and utility easements as described and shown on the attached Exhibit " A".

Adopted this day of 12021.

Becky Norton, Council President

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ATTEST:

Teri L. Swanson, MCMC

City Clerk

seal)

Presented to the Mayor at

Approved this day of

p.m. on this day of

2021.

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Michael Wilson, Mayor

2021.

Exhibit A

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