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HomeMy WebLinkAbout4I - Kneafsey's Cove MEETING DATE: AGENDA #: PREPARED BY: REVIEWED BY: AGENDA ITEM: DISCUSSION: ALTERNATIVES: RECOMMENDED MOTION: CITY COUNCIL AGENDA REPORT APRIL 17, 2000 41 JANE KANSIER, PLANNING COORDINATOR DON RYE, PLANNING DIRECTOR CONSIDER APPROVAL OF RESOLUTION OO-XX DENYING THE VACATION OF THE RIGHT OF WAY FOR KNEAFSEY'S STREET ADJACENT TO LOTS 5 AND 6, KNEAFSEY'S COVE AND RESOLUTION OO-XX (A) APPROVING THE VACATION OF THE DEDICATED WATERFRONT ADJACENT TO LOTS 4 THROUGH 15, KNEAFSEY'S COVE History: On April 3,2000, the City Council held a public hearing to consider the vacation of the 3D-foot wide roadway located between Lots 5 and 6, Kneafsey's Cove, and the vacation ofthe dedicated waterfront adjacent to Lots 4 through 15, Kneafsey's Cove. Following the public hearing, the Council voted to deny the request to vacate the platted road right-of-way, but to approve the vacation of the dedicated waterfront. The Council directed staff to prepare two resolutions for this action. Conclusion: Attached is Resolution DO-XX denying the right-of-way vacation, and Resolution DO-XX (a) approving the vacation of the dedicated waterfront. These resolutions are consistent with the Council directive. The City Council has two alternatives: 1. Adopt Resolution DO-XX denying the vacation of the right-of-way and adopt Resolution DO-XX (a) approving the vacation of the dedicated waterfront. 2. Other action as directed by the Council. The staff recommends Alternative #1. A motion and second a motion and second to adopt Resolution #OO-XX denying the vacation of the 162&Q9~b'~r~9~~C~?(A>8~~~~~~~~?i~5Eb1<~~1v1innesota 55372-1714 / Ph. (612) 447-4230 / Faxl(rff:t) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER . T right-of-way and to adopt Resolution #OO-XX (a) approving the vacation of the dedicated waterfront as part of the Consent Agenda is required. REVIEWED BY: 1:\99fi1es\99vae\99-09 5\revised\99095 ee2.doe Page 2 25 RESOLUTION 00-"'- RESOLUTION DENYING THE VACATION OF THE RIGHT -OF-WAY FOR KNEAFSEY'S STREET ADJACENT TO LOTS 5 AND 6, KNEAFSEY'S COVE BY: SECOND BY: WHEREAS, a petition for the vacation of the right-of-way for Kneafsey's Street adjacent to Lots 5 and 6, Kneafsey's Cove, has been duly presented to the City of Prior Lake, signed by the owners of the property abutting the following described access and street right-of-way situated in the City of Prior Lake, Scott County, Minnesota to wit: LEGAL DESCRIPTION: That part of the 30.00 foot roadway created in the plat of KNEAFSEY'S COVE, Scott County, Minnesota and that part of the Water Front as shown on said plat described as follows: Beginning at the southeast comer of Lot 5, of said plat; thence southerly along the southerly extension of the east line of said Lot 5, to the shoreline of Prior Lake; thence easterly along said shoreline to its intersection with the southerly extension of the west line of Lot 6, of said plat; thence north along said southerly extension to the southwest coiner of Lot 6; thence westerly to the point of beginning. WHEREAS, notice of the hearing on said petition has been duly published and posted in accordance with the applicable Minnesota Statutes, and WHEREAS, a Public Hearing was held on said petition on Monday, April 3, 2000, at 7:30 p.m. in the Council Chambers at the Prior Lake Fire Station #1; and WHEREAS, 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 WHEREAS, The Planning Commission considered the vacation on March 13, 2000, and recommended the City Council deny the request as it is not in the public interest to vacate the right-of-way; and WHEREAS, the City Council of Prior Lake has determined that the vacation of said road right-of-way would not be in the public interest. 1:\99f1les\99v.ac\99..-095\revise.d\resdeny.doc Page L 16200 Eagle Creek l\ve. ~.t:., PhorDjKe, Mlnnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) Il47-4245 AN EQUAL OPPORTUNITY EtvlPLOYER . --.---.-........-...''.."1.''...---'--'..-.-.........".-..----.-. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, that pursuant to Minnesota Statues 412.851, the petition to vacate the above described right-of-way in the City of Prior Lake, Scott County, Minnesota, is hereby denied. Passed and adopted this 17th day of April, 2000. YES NO Mader Mader Ericson Ericson Gundlach Gundlach Petersen Petersen Schenck Schenck Frank Boyles, City Manager City of Prior Lake {Seal} 1: \99fi1es\99vac\99-09 5\revised\resdeny .doc Page 2 ~to RESOLUTION oo-~) nMK WAl E:~f~r"l RESOLUTION APPROVING THE VACATION OF THE L~ ifC"CESS ADJACENT TO LOTS 4 THROUGH 15, KNEAFSEY'S COVE BY: SECOND BY: WHEREAS, a petition for the vacation of the lake access adjacent to Lots 4 through 15, Kneafsey's Cove, has been duly presented to the City of Prior Lake, signed by the owners of the property abutting the following described access and street right-of-way situated in the City of Prior Lake, Scott County, Minnesota to wit: LEGAL DESCRIPTION: That part designated as waterfront In the plat of KNEAFSEY'S COVE, Scott County, Minnesota not previously vacated; and WHEREAS, notice of the hearing on said petition has been duly published and posted in accordance with the applicable Minnesota Statutes, and WHEREAS, a Public Hearing was held on said petition on Monday, April 3, 2000, at 7:30 p.m. in the Council Chambers at the Prior Lake Fire Station #1; and WHEREAS, 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 WHEREAS, The Planning Commission considered the vacation on March 13,2000, and recommended the City Council deny the request as it is not in the public interest to vacate the right-of-way and lake access; and WHEREAS, on October 17, 1994, the City Council reviewed and accepted the recommendations of the Lake Access Study as prepared by the City of Prior Lake Engineering Department and the Prior Lake Advisory Committee; and WHEREAS, the Lake Access Study recommended the vacation of the dedicated waterfront in the plat of Kneafsey's Cove; and WHEREAS, the City Council of Prior Lake has determined that the vacation of said waterfront is consistent with the Lake Access Study and the Comprehensive Plan and is in the public interest. t~29d8~~~~ac'?2e~1?~~v~~~P1-,grt!'k~, Minnesota 55372-1714 / Ph. (612) 447-4230 / Ifl~ l612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER . NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, that pursuant to Minnesota Statues 412.851, the following described waterfront in the City of Prior Lake, Scott County, Minnesota is hereby vacated: LEGAL DESCRIPTION: That part designated as waterfront in the plat of KNEAFSEY'S COVE, Scott County, Minnesota not previously vacated. Passed and adopted this 17th day of April, 2000. YES NO Mader Mader Ericson Ericson Gundlach Gundlach Petersen Petersen Schenck Schenck Frank Boyles, City Manager 1: \99files\99vac\99-09 5\revised\resappr.doc Page 2