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Home My WebLink About7A - EZ Stop Frontage Road MEETING DATE: AGENDA #: PREPARED BY: REVIEWED BY: AGENDA ITEM: DISCUSSION: CITY COUNCIL AGENDA REPORT JULY 2, 2001 7A JANE KANSIER, PLANNING COORDINATOR DON RYE, PLANNING DIRECTOR PUBLIC HEARING TO CONSIDER APPROVAL OF A RESOLUTION VACATING THE 20' WIDE EASEMENT FOR ROADWAY PURPOSES LOCATED ADJACENT TO THE E-Z STOP GAS STATION, VELISHEK'S AUTO SALES, PARK NICOLLET CLINIC AND THE HOLLYWOOD RESTAURANT (Case File #01-051) History: The Prior Lake City Council initiated the vacation of the 20' wide easement for roadway purposes located adjacent to TH 13 and to the E-Z Stop gas station, Velishek's Auto Sales, Park Nicollet Clinic and the Hollywood Restaurant. The easement has come to be used as a shortcut between the properties located on the south side of TH 13 between Franklin Trail and Toronto Avenue. Current Circumstances: The Planning Commission reviewed this vacation request on June 25, 2001. The Planning Commission recommended approval of the proposed vacation, subject to conditions. 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." One of the goals of the Comprehensive Plan is to "plan for access to and movement of people, goods and services." Policies to meet this goal include cooperation with the County and State to keep through-traffic on arterials with a minimum disruption of local circulation and to provide access to arterials and major collector streets by public streets only. Chapter 4 of the Comprehensive Plan also discusses specific recommendations for the TH 13 corridor. The Plan recommends the establishment of "back street" connections whenever possible. The City is in the process of designing a ring road connection from Franklin Trail to Duluth Avenue to provide this "back street" connection. The section of the "back street" road from Franklin Trail to Toronto Avenue will be dedicated as part of the Park Nicollet l:\Olfiles\OI vacations\01-051 \01-051 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 r ."7" 1 Addition. Construction of this section of road is expected to be completed in the next year. There are existing utilities located within this road easement. However, the vacation of the easement for roadway purposes does not eliminate the use of the easement for utilities. The Planning Commission recommended that approval of this vacation subject to the condition that the resolution vacating this easement will not be recorded until the construction of the new road is completed. Issues: The City has for many years sought to improve access to the Priordale business area as requested by the property owners. The design and development of the ring road will accomplish this purpose. Once completed, E-Z Stop, Velishek, Park Nicollet and the Hollywood would all have direct access via this new 42' wide roadway, which connects to TH 13 at Franklin Trail and at CSAH 23. These business owners have advised the City staff that motorists are using the 20' strip to be vacated as a short cut to residential properties in the Woodridge neighborhood along Tower Avenue. The 20' wide strip was never designated as roadway by the City. The deeds for the adjacent property contain language granting an easement for roadway purposes. Over the years, the City has been asked to maintain the strip, and has done so. It does not appear to be in the public interest for the City to maintain or have an interest in a 20' wide strip that: (1) appears to benefit a handful of people, most of whom are not the business owners in this area, (2) was not designed or constructed to the City's roadway or street standards, and (3) was not intended by the City to be a roadway. If the City vacates the roadway portion of the easement, the property reverts to the property from which it came. The private property owner can determine how they wish to use their property or whether they wish to allow others to use it. Before proceeding with the vacation, the City met with representatives of E-Z Stop, Velishek, Park Nicollet and the Hollywood to gain their perspective on the proposed vacation. Representatives from Velishek, the Hollywood and the Priordale Mall attended the meeting, which was held on June 5, 2001. Those attending expressed no opposition to the roadway easement vacation if it were done concurrent with the construction of the ring road from Franklin Trail to Toronto. Following the meeting, staff wrote to E-Z Stop and Park Nicollet, who did not attend the meeting, describing the meeting and discussion that occurred on June 5th. Both have confirmed by voicemail that they received the letter. The attached draft resolution, which would vacate 1:\01 files\O 1 vacations\O 1-051 \0 1-051 cc report. doc Page 2 AL TERNA TIVES: RECOMMENDED MOTION: REVIEWED BY: the roadway easement upon completion of the segment of the ring road, was also sent to the property owners as part of the hearing notice. Duane Spiegal of Park Nicollet has indicated that he is not opposed to the vac'!tion of this strip of property. Dave Velishek has indicated, both at the June 5th meeting and in a subsequent telephone conversation, that he believes the vacation should take place immediately for safety reasons. Mr. Velishek related an incident last year in which one of his rental cars was damaged when a customer driving it off the lot collided with a vehicle using the 20' wide strip. Mr. Velishek will be present at the public hearing to discuss his concerns with the City Council. rnl1rlufO;Ol1. The Planning Commission and the staff recommend approval of the requested vacation. The Council should decide the appropriate timing of the vacation. The City Council has four alternatives: 1. Adopt a Resolution approving the vacation upon the completion of the ring road from Franklin Trail to Toronto Avenue. 2. Adopt a resolution approving the immediate vacation of the roadway easement. 3. Direct staff to prepare a resolution denying the vacation. 4. Defer this item and provide staff with specific direction. The Planning Commission and staff recommend Alternatives #1 or 2. A motion and second to adopt a Resolution approving the vacation of the easement subject to the listed conditions is required. 1 1:\Olfiles\Olvacations\OI-051\OI-051 cc report. doc r-T 1 Page 3 RESOLUTION 01-XX RESOLUTION PROVIDING FOR THE VACATION OF THE EASEMENT FOR ROADWAY PURPOSES ADJACENT TO VELISHEK'S AUTO SALES, PARK NICOLLET CLINIC AND THE HOLLYWOOD RESTAURANT MOTION BY: WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, SECOND BY: the City Council adopted a motion initiating the vacation of the easement for roadway purposes located on the south side of TH 13 between Franklin Trail and Toronto Avenue, adjacent to the properties located at the following addresses: 16705 Franklin Trail 16735 Franklin Trail 16661 Highway 13 16701 Toronto Avenue; and the City Council conducted an informational meeting on June 5, 2001 with each of the adjacent property owners to receive their comments and concerns; and 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 2, 2001, at-7:30 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 subject roadway easement appears to benefit only a few property owners who use it as a shortcut to their homes, the easement was never designed or constructed to City roadway standards, and the City did not intend the easement to become a roadway; and the City Council of Prior Lake has determined that the vacation of said easement would be in the public interest. 1:\01 fi1es\0 1 vacations\01-051 \rso 1xxcc.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 1.1 r NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, that: 1. Pursuant to Minnesota Statues 412.851, the following described easement for road purposes is hereby vacated: Legal Description An easement to the public for access between adjacent properties, over and across a strip of land 20.0 feet in width running in a Northeasterly and Southwesterly direction immediately adjacent to and Southeasterly of the Southeasterly right-of-way of Highway No. 13 located between the southerly right-of-way line of Franklin Trail and the easterly right-of-way line of Toronto Avenue and adjacent to the properties identified by the following PID numbers: PID #25-902-042-0 (16705 Franklin Trail) Pill #25-902-045-0 (16735 Franklin Trail) PID #25-902-046-0 (16661 Highway 13) PID #25-902-047-0 (16701 Toronto Avenue) 2. The vacation of said roadway easement is in the public interest. 3. The City of Prior Lake retains any and all utility easements on, over and below this property. 4. This vacation is subject to the following conditions: a) The easement to be vacated shall remain in full force and effect until this resolution is recorded. b) The resolution will not be recorded until construction on the new ring road is completed. 5. Upon completion of the above conditions, this Resolution will be forwarded to the Office of the County Recorder, Scott County, for appropriate action. Passed and adopted this 2nd day of July, 2001. YES NO Mader Mader Gundlach Gundlach Ericson Ericson Petersen Petersen Zieska Zi eska Frank Boyles, City Manager {Seal} 1:\01 files\O 1 vacations\O 1-051 \rso 1 xxcc.doc Page 2 Location Map 19 20' Road Easement to be vacated ZJ 22 Priordale Mall TOWER HILL APARTMENT 6 18 13 2 1ST IERST. N A 300 o 300 600 Feet If j