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Home My WebLink About9C - Timothy/Commerce DATE: AGENDA #: PREPARED BY: REVIEWED BY: SUBJECT: DISCUSSION: CITY COUNCIL AGENDA REPORT APRIL 17, 2000 9C BUD OSMUNDSON, DIRECTOR OF PUBLIC WORKS I CITY ENGINEER FRANK BOYLES, CITY MANAGER CONSIDER APPROVAL OF RESOLUTION OO-XX INITIATING THE VACATION OF A PORTION OF TIMOTHY AVENUE BETWEEN COMM~9EA1AVENUE AND NATALIE ROAD ~ ~ HISTORY This item is on the agenda for the Council to consider initiating the process of vacating a portion of Timothy Avenue between Commerce Avenue and Natalie Road. In 1998, the City took action to close this segment of Timothy in concurrence with the installation of a traffic signal at Rutgers and CSAH 42, which was due to the development of the Rainbow Center site in Savage. Resolution #98-23 and #98-106 (with attachments) are enclosed and provide the Council with some of the background to this issue. The City does have sewer and water underneath this segment of roadway and if the vacation does take place we would need to retain easements for these utilities. CURRENT CIRCUMSTANCES One of the neighbors to this proposed vacated segment of Timothy has asked that the City vacate so that there is no dispute about ownership and maintenance of this property. ISSUES The City has not received a petition to initiate the vacation procedure. However, the Council can initiate by motion the vacation of any easement or right of way. A motion to initiate the vacation will refer this matter to the Planning Commission and allow the Staff to schedule a Public Hearing at the City Council Meeting. In addition, this action will eliminate the need for the property owners to file a petition and pay the application fee. The pros and cons of this issue are varied. The neighbors to the property in question have been maintaining it. One can understand why these neighbors would like to have the issue of ownership resolved for the property they maintain. However, the City will need to retain easements over the property which significantly undermines the property owner's desire to control the property so the current road configuration cannot be changed. In addition, it may be premature at this time to vacate this right of way until all of road issues in this area are resolved. Because the Commerce/Boudin intersection and development on all quadrants of the T.H.13/CSAH42 intersection is incomplete, staff cannot 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 TIMOTIIY.DOC AN EQUAL OPPORTUNITY EMPLOYER . "T ALTERNATIVES: RECOMMENDED MOTION: TIMOTHY. DOC determine whether there may someday be a need for this property. In the short run however, it appears that the closure would remain which is consistent with the property owner's desires. The City Council has three alternatives: 1. Adopt Resolution OO-XX initiating the vacation of Timothy Avenue right of way between Natalie Road and Commerce Avenue. 2. Take no action which would retain the status quo. 3. Defer this item for a specific reason. Alternate NO.2. The property owner's objectives are not achieved by Alternate No. 1 and the City cannot say without qualifications that there is no public need for the property. REVIEWED BY: c:l~,!?,LJ /L- AUTHORIZING THE VACATION OF TIMOTHY AVENUE BETWEEN NATALIE ROAD N.E. AND COMMERCE AVENUE N.E. MOTION BY: SECOND BY: WHEREAS, Timothy Avenue between Natalie Road N.E. and Commerce Avenue N.E. is dedicated as a public roadway; and WHEREAS, this segment of Timothy Avenue was closed in 1998 at the same time the traffic signal was installed at Rutgers Street and County Road 42; and WHEREAS, in order to determine whether the vacation of this right of way is or is not in the public interest, the City Council has initiated the vacation process by motion. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, that pursuant to Minnesota Statutes 412.851 the process for the vacation of Timothy Avenue between Natalie Road N.E. and Commerce Avenue N.E. is hereby initiated. Passed and adopted this 17th day of _April ,2000. NO YES Mader Mader Ericson Ericson Gundlach Gundlach Petersen Schenck Schenck Wuellner {Seal} City Manager City of Prior Lake 16200 EI~<n~.aoc S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER . T A RESOLUTION CONCURRING WITH SCOTT COUNTY'S REQUEST TO PROVIDE A FULL ACCESS INTERSECTION AND INSTALLATION OF A TRAFFIC SIGNAL AT THE INTERSECTION OF CSAH 42 AND RUTGERS STREET; CLOSING TIMOTHY AVENUE AT COMMERCE AVENUE; RECOMMENDING NO CHANGE TO CSAH 42 AND TIMOTHY AVENUE INTERSECTION; AND DIRECTING STAFF TO INITIATE STEPS TO ACCOMPLISH LONG TERM IMPROVEMENTS. MOTION BY: KEDROWSKI SECOND BY SCHENCK WHEREAS, the City of Savage has received a development proposal that requested a traffic signal at the intersection of Timothy Avenue and CSAH 42, and WHEREAS, the traffic study concluded a traffic signal at the intersection of Timothy Avenue and CSAH 42 was not feasible considering projected traffic volumes, and WHEREAS, the traffic study concluded that the Rutgers Street and CSAH 42 intersection is the appropriate location for a traffic signal, and WHEREAS, a traffic signal at the Rutgers Street and CSAH 42 intersection is consistent with Scott County access spacing guidelines and with the current efforts of the CSAH 42 Corridor Study, and WHEREAS, the City Council has held a Public Information Meeting to solicit public input on this issue. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA, the City of Prior Lake hereby concurs with the installation of a traffic signal at CSAH 42 and Rutgers Street to provide full access to CSAH 42 from the residential areas south of CSAH 42 in the City of Prior Lake and to proposed development north of CSAH 42 in the City of Savage and that the costs of such improvements be borne by the developer, the City of Savage, and/or Scott County. BE IT FURTHER RESOLVED, that the City shall close Timothy Avenue at Commerce Avenue concurrent with the improvement and installation of signal lights at the intersection of Rutgers and CSAH 42, and 16200 Eagle Creek Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 .A,N EQUAL OPPORTUNITY E\IPLOYER BE IT FURTHER RESOLVED, that improvements to the TH 13, Commerce Avenue and Boudin Street area to a common signalized full access intersection with the intent that it be programmed in the Capital Improvement Program for completion as soon as feasible, and BE IT FURTHER RESOLVED, that staff is directed to prepare a report for the City Council to include a frontage road from. Commerce Avenue to Rutgers Street in the Capital Improvement Program and report back to the City Council, and BE IT FURTHER RESOLVED, that staff be directed to investigate a frontage road from Harbor to Rutgers and report the findings to the City Council, and BE IT FURTHER RESOLVED, that the City of Prior Lake desires to leave the existing Timothy Avenue/Commerce Avenue/CSAH 42 intersection "as is" as of the date of this resolution subject to continuing discussions with the County, and BE IT FURTHER RESOLVED, that the Timothy Avenue/CSAH 42 intersection be renamed Commerce/CSAH 42 upon completion of its separation from Timothy Avenue. Passed and adopted this 17th day of February, 1998. YES NO Mader X Mader Kedrowski X Kedrowski Petersen X Petersen Schenck X Schenck Wuellner X Wuelln {Seal} . J RESOLUTION 98-106 " ,,~A RESOLUTION APPROVING THE TIMOTHY AVENUE ~IIVNESO CLOSURE DESIGN AND APPROPRIATING FUNDS THEREFORE. Motion: KEDROWSKI Second: WUELLNER WHEREAS; residents on Timothy Avenue have petitioned the City Council of Prior Lake to close Timothy Avenue, and WHEREAS; the City Council of Prior Lake through Resolution 98-XX approved closing Timothy Avenue concurrent with the improvement and installation of the traffic signal at Rutgers Street and County Road 42, and WHEREAS; the traffic signal at Rutgers Street and County Road 42 is expected to be completed by the middle of October, 1998. NOW THERFORE BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, that Timothy Avenue between Commerce Avenue and Natalie Road shall be closed by removal of the street and construction of improvements as detailed in the attached design, less the requested guardrail. BE IT FURTHER RESOLVED, that funding for closing Timothy Avenue and the associated improvements shall be from the unencumbered construction fund balance. Passed and adopted this 21 st day of September, 1998. 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