The URL can be used to link to this page

Home My WebLink About7C - Vacation of Erie Ave ROW MEETING DATE: AGENDA #: PREPARED BY: AGENDA ITEM: DISCUSSION: CITY COUNCIL AGENDA REPORT JULY 7, 2003 7C JANE KANSIER, PLANNING COORDINATOR CONSIDER APPROVAL OF A RESOLUTION VACATING A PORTION OF THE ERIE AVENUE RIGHT-OF-WAY LOCATED ADJACENT TO 16154 MAIN AVENUE (Case File #03-055) History: Wensmann Realty has filed an application to vacate a portion of the Erie Avenue right-of-way located north of Dakota Street and south of Lakefront Park. The original request included the following area: . Vacation ofa 33' by 200' strip of right-of-way adjacent to the west side of the property at 4666 Dakota Street. . Vacation ofa 5.50' by 100' strip of right-of-way adjacent to the west property line of the Lakefront Plaza building. On June 23,2003, the applicant submitted the attached letter requesting deferral of consideration of the 33' strip until a later date. In honor of that request, the public hearing and this report deal only with the request to vacate the 5.50' strip of right-of-way. Vacation of this strip allows the canopy overhang on the west side of the Lakefront Plaza building. There is a Minnegasco gas main located within the 5.50' strip requested to be vacated. Minnegasco submitted the attached letter objecting to the vacation ofthe right-of-way unless a permanent drainage and utility easement is maintained over the right-of-way. Current Circumstances: The Planning Commission reviewed this vacation request on June 23, 2003. The Planning Commission recommended approval of the proposed vacation on the basis that it is in the public interest to further downtown redevelopment and preserve the streetscape and entrance to Lakefront Park. The Commission also recommended the vacation be subject to the condition that an easement over the 5.50' be retained and the applicant submit the required 1:\03 files\03 vacations\lakefront\cc report. doc Page 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ALTERNATIVES: RECOMMENDED MOTION: REVIEWED BY: easement documents prior to the recording of the resolution vacating the right-of-way. The Issues: Minnesota Statutes 412.851 allows the Council to vacate easements or right-of-way by resolution. The statute states, "no such vacation shall be made unless it appears to be in the public interest to do so." The Comprehensive Plan does not specifically discuss utility easements, other than as a function of ensuring access to public utilities. The vacation ofthis right-of-way is not inconsistent with any specific goal or objective of the Comprehensive Plan as long as an easement over the 5.50' area is retained. Conclusion: The Planning Commission and the staff recommend approval of the requested vacation. The City Council has three alternatives: 1. Adopt a Resolution approving the vacation. 2. Direct staff to prepare a resolution denying the vacation. 3. Defer this item and provide staff with specific direction. The Planning Commission and staff recommend Alternative #1. A motion and second to adopt a Resolution approving the vacation of the right-of-way subject to the listed condition is required. 1:\03 files\03 vacations\lakefront\cc report. doc Page 2 RESOLUTION 03-XX RESOLUTION PROVIDING FOR THE VACATION OF A PORTION OF THE RIGHT-OF- WAY FOR ERIE AVENUE ADJACENT TO THE PROPERTY AT 16154 MAIN AVENUE WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, MOTION BY: SECOND BY: A petition for the vacation of a 5.50' by 100' strip of Erie Avenue right-of-way adjacent to the property located at 16154 Main Avenue (Lake front Plaza building), has been duly presented to the City of Prior Lake, signed by the owners of the property abutting the following described right-of-way situated in the City of Prior Lake, Scott County, Minnesota to wit: Legal Description: All that part of the easterly 5.50 feet of Erie Avenue, formerly known as Third Street as delineated and dedicated on VILLAGE OF PRIOR LAKE, according to the recorded plat thereof, Scott County, Minnesota, lying northerly of the westerly extension of the southerly line of Lot 7, Block 9, said VILLAGE OF PRIOR LAKE, and southerly of the westerly extension of the northerly line of Lot 8, said Block 9. Notice of the hearing has been duly published and posted in accordance with the applicable Minnesota Statutes, and A Public Hearing was held on said petition on Monday, July 7, 2003, at 7:00 p.m. in the Council Chambers at the Prior Lake Fire Station #1; and The City Council then proceeded to hear all persons interested in said petition and persons interested afforded the opportunity to present their views and objections to the granting of said petition; and The existing right-of-way is not necessary for the maintenance of public utilities as long as a drainage and utility easement is maintained over this area; and The City Council of Prior Lake has determined that the vacation of said right-of-way would be in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, that: 1. The above recitals are herein fully incorporated herein as set forth above. 1:\03 files\03 vacations\lakefront\resolution.doc Page 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 2. The vacation of said right-of-way is in the public interest. 3. Pursuant to Minnesota Statues 412.851, the following described drainage right-of-way is hereby vacated: Legal Description: All that part of the easterly 5.50 feet of Erie Avenue, formerly known as Third Street as delineated and dedicated on VILLAGE OF PRIOR LAKE, according to the recorded plat thereof, Scott County, Minnesota, lying northerly of the westerly extension of the southerly line of Lot 7, Block 9, said VILLAGE OF PRIOR LAKE, and southerly of the westerly extension of the northerly line of Lot 8, said Block 9. 4. This vacation is subject to the following condition: a) An easement over the 5.50' must be retained and the applicant must submit the required easement documents prior to the recording of the resolution vacating the right-of-way. Passed and adopted this 7th day of July, 2003. YES NO Haugen Haugen Blomberg Blomberg LeMair LeMair Petersen Petersen Zieska Zieska {Seal} Frank Boyles, City Manager 1:\03 files\03 vacations\lakefront\resolution.doc Page 2 Location Map for Erie Avenue Vacation ---------- Ii I I I I I I I I I I i I I Lakefront Park \. J .. - ~ ~ ~ w! OJ/ II , / -__ s.~ / -/ I / ! ~ !:!d ~ I . . DAKOtA Sr i!:JJ CI) ~ --------- 100 I o 100 Feet N + Reed via e-mail on June 23. 2003 4:15 p.m. June 23, 2003 City of Prior Lake Attn. Ms Jane Kansier 16200 Eagle Creek Avenue Prior Lake, MN 55372 Re: Erie Avenue Vacation Dear Ms. Kansier Wensmann Realty, Inc. would like to request postponement of action on the vacation of the west 33' of Erie Avenue right-of-way until further investigation of a possible rain garden can be completed. We would however like action taken on the 5' easement vacation on the east side of Erie Avenue. If you have any questions regarding this request, please feel free to contact me at our administrative office 651-406-4400. Sincerely, Kelly Murray Assistant Vice President