HomeMy WebLinkAbout6A - 8th Street Vacation
AGENDA #:
PREPARED BY:
SUBJECT:
DATE:
INTRODUCTION:
BACKGROUND:
STAFF AGENDA REPORT
6A
JANE KANSIER, PLANNING COORDINATOR
PUBLIC HEARING TO CONSIDER THE VACATION OF THE
PORTION OF 8TH STREET LYING NORTH OF CENTER
STREET AS PLATTED WITHIN SPRING LAKE TOWNSITE
AUGUST 19, 1996
The City has received a petition from Bryce Huemoeller to
vacate the portion the platted right-of-way for 8th Street located
northeasterly of Center Road and southwesterly of Prior Lake,
between the properties at 2836 Center Road and 2872 Center
Road (a vacant lot). A location map showing the road right-of-
way (Exhibit A) is attached for your information. Mr.
Huemoeller constitutes a majority of the property owners
adjacent to this right-of-way.
As required by State statute 412.851 (see Exhibit F), notice of
the hearing was published in the Prior Lake American on
August 3, 1996, and on August 10, 1996. Individual notices
were mailed to the adjacent property owners on July 22, 1996.
In addition, since the street terminates at a public water, a
notice of this petition was sent by certified mail to the
Commissioner of Natural Resources on July 17, 1996.
State statute 412.851 allows the Council to vacate right-of-way
by resolution. A four-fifths vote is required when there has
been no petition. In this case, since there has been a petition,
the Council may adopt a resolution by a majority vote. The
statute also states that "no such vacation shall be made unless
it appears to be in the public interest to do so".
Spring Lake Townsite is one of the original plats of the City of
Prior Lake. The road right-ot-way tor 8th Street was dedicated
in this plat about 125 years ago. This portion of 8th Street is
60' wide by approximately 270' long, and is tully wooded with a
mowed trail to the lake. There is also a storm sewer located
within the right-of-way. There is a single family home and
16200 Eagle Creek Ave. S.E., Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
parkland on the west side of the right-of-way, and a vacant lot
on the east.
In 1995, the Council reviewed a lake access study, which
covered all of the public accesses to the lake. The Council at
that time determined that 8th Street access should be retained,
although they would consider vacating a 10' wide strip along
the east side of the right-of-way. The Council also directed
City Engineering to review the possibility of constructing a
storm water quality pond on this right-of-way. (See Exhibit C.)
DISCUSSION:
In a vacation request, the City must determine whether there is
a public need or anticipated future need for the dedicated
property. After review, the staff has concluded that there is
existing and future need for this right-of-way. The public needs
identified by City Staff are as follows;
1. The Lake Access Study identified lhis right-of-way as a lake
access for the residents of the area. There is a mowed
path providing access from the adjacent park to the lake
that is maintained by the neighbors.
2. There is an existing storm sewer located within this right-of-
way. Even if the street is vacated, an easement will be
required to protect and maintain this storm sewer line.
3. The City Engineering Department has determined that a
storm water quality pond can be constructed at the north
end of this right-of-way within the 60' width. It would,
however, be possible to vacate a 10' wide by 130' long strip
of land along the east side of the right-of-way. This project
is scheduled for 1998 in the 1997-2001 Capital
Improvement Program.
AL rERNA TIVES:
1. Approve the vacation of 8th Street as requested.
2. Approve the vacation of a 10' wide by 130' long strip of the
8th Street right-of-way located along the east side of the
right-of-way, directly north of Center Road.
3. Deny this petition and retain the entire width of the right-of-
way.
4. Defer consideration of this item for specific reasons.
RECOMMENDATION: The Planning staff recommends approval of Alternative #2.
This alternative is consistent with the Council recommendation
from the Lake Access Study in June, 1995.
ACTION REQUIRED: A motion adopting Resolution #96-83 vacating the portion of
8th Street that is 10' wide by 130' long and is located along the
east side of the right-of-way, directly north of Center Road.
96056vac.doc Page 2
EXHIBITS:
A. Location Map
B. Copy of Application
C. Council Minutes of 5/15/95 and 6/19/95
D. Memo from Lani Leichty, Water Resources Coordinator
E. Letter from DNR
F. State Statute 412.851
Reviewed By: Frank Boyles, City Manager
96056vac.doc
Page 3
EXHIBIT A
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COUNTY
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SCOTT
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EXHIBIT B
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PIDt
Cite, D~6
251330071
CITY OF P?J:OR ~.KE
APPLICATION FOR srREET, ALLEY AND UTILITY VAG.TICN
Applicant: Bryce D. Huemoeller
Address: 16670 Franklin Trail. Prior Lake, MN 55372
P.cme Phone: (612) 447-2131 ~rk. Phone: (612) 447-2131
Prop:rt:y Cwner:
Address:
Hane Phone:
Same as Applicant
1f<<J rk Phone:
Legal Description of Site to be Vacated: That part of Eighth Street within the
plat of Sprin Lake Townsite, Scott County, Minnesota described on t e
attached Exhibit A.
Reason for Request: (~~y Attach) The reasons for this request are set forth on
the attached Exhibit B.
SUEMISSION REIJUIRflt1.EN!'S: (A) Completed Application fCrn1. (B) Ccmplete Legal
description & Property Identification Nurri::er (pm). (e) Ccmplete legal
description of vacation site. (D) Petition or letter includ~g the signatures
and addresses of all property cwners who cwn land adjacent to the pro~sed
vacation site. (E) Certified SUrvey of tte prop.Jsed vacation site. (P) Fil~g
Fee.
CNLY CCMFLl:.'J.'1:, APPLICATIONS SF..nLL BE. REVIEWED BY THE CITY' COUOCIL.
To the best of my kncw~~ the infor:nafipn presented on this foon is correct.
titk}-"C/Y/v~l0~ June 24, 1996
AppliCants Signature Date
Fee Owners Signature
rate
r:ffiIS SECTION TO BE FILLE!) CUT BY THE PT....ANNIN:; DIRECI'OR
CITY COUOCIL
APpRCVE!) _DENIED
HEARIN; DATE
aJNDITIONS:
Signature of the Planning Director
rate
EXHIBIT 8- r
LEGAL DESCRIPTION
That part of Eighth Street within the plat of Spring Lake Townsite, Scott County,
Minnesota, lying northeasterly of the northeasterly line of Center Street, reserving to
the City of Prior Lake perpetual easements for storm sewer and utility purposes over,
under and across the northwesterly 30 feet thereof.
EXHIBIT B-~
REASONS FOR REQUEST
Vacation of the portion of Eighth Street described in Exhibit A will facilitate
development and maintenance of adjacent lots, and preserve the easements and legal
rights necessary for the existing storm sewer line and proposed water quality pond
referred to in the June 19, 1995 City Council minutes.
Placing the vacated street in private ownership, subject to the City's utility.
easement, will facilitate day to day maintenance and upkeep of the area to the benefit of
both the City and the neighborhood.
Vacating Eighth Street will also permit one, or both of the two lots lying to the
east of Eighth Street to be expanded.
EXlijllllheCor Lake City Council -May 15.1995
'" -~
MOTION BY SCQrT, SECOND BY/SCHENCK, TO APPROVE
PAYl\'IENT OF THE-COSTS ~SSOCIATED WITH ELECTRICITY
AND PORTABLE RE~xROOMS NOT TO EXCEED $1000 AS
REQUESTED 7 "PLA'(:N IN PRIOR LAKE" COMl\'nTTEE.
Upon a vo~en, ayes by Andren, Greenfield, Scott and Schenck the motion
. d/
came .
"
Play'n Prior
Lake Costs
6. PUBLIC HEARINGS: 7:35 - 8:00 p.m.
q\A.
M51595r
Conduct Public Hearing on Public Accesses - Mayor Andren called the public
hearing to order. at 7:40 p.m. - City Manager Boyles briefly reviewed the purpose
of the hearing and events which have occurred to date. ,One gentleman was
interested in the 8th Street access issue and several were present who were
interested in the Terrace Circle access. The following accesses were scheduled
for discussion: 7th Street North, Nlonroe Avenue and Kent Street, Lime Road
South and 8th Street North. Water Resources Coordinator, Lani Leichty,
presented details of the 8th Street North Access vacation, and discussed the Lake
Advisory Committee's recommendation to vacate a strip on either side of the
access leaving a middle strip for utility access. Brad Gullstad, 2865 Center Road,
requested that Council consider remaining the property as a public park instead of
locating it for the purpose of adding it to the public park square directly across the
road from the site. Mr. Gulstad stated that he and the other neighbors have
maintained and mowed the property for the last several years and that he has
obtained approximately 30 signatures from neighborhood residents who are in
favor of creating a park instead of vacating the property. Council concurred that
the area does serve a public purpose and should not be vacated.
Public
Accesses
MOTION BY GREENFIELD, SECOND BY SCHENCK, TO RET.~N THE
8TH STREET ACCESS AS A DEDICATED ROADWAY.
8th Street
Access
Upon a vote taken~~ by Andren, Greenfield, Scott and Schenck the motion
carried. '~
"",
The next access under discussion was Teuace'Circle. Mr. Leichty presented a
video of the access under ~OI].side~tion for vacation and the LAC's-
recommendation to create a sceriic overlook at the site. Rick Berko - 2953
Terrace Circle - oppos~~cLthe/creation of a public, park overlook next to his house,
and presented seyera( arguments against the concept. Mr. Berko stated that he
had a petitiorr--from 56 of the neighborhood residents~ ~ho are against using the
area as ~verlook. Mayor Andren recommended that the"touncil refer this issue
3
r
~ /
5'
- - - -.-~
-
ylinutes of the Prior Lake City Cuuncii. June 19. 1995
Upon a vote taken. ayes by Greentleid. K~dro\vski. Schenck and Scott. the
motion earned.
Ei~hth Street (North) Discussion occurred reg:lrding whether this issue had been
resolved on ;Y[ay 15. Councilmembers requested that staff verify. the Council's
previous actions and recommend tabiing the item unLil the next meeting.
~IOTION BY GREENFIELD, SECOND BY KEDROWSKI, TO TABLE
THE ISSUE TO ALLO"V ST.AFF TO VERIFY COUNCIL'S ACTIONS.
Upon a vote taken. ayes by Greenfield~ K~drowski~ Schenck and Scott. the motion
carried.
~IOTION BY GREENFIELD, SECOND BY KEDRO"VSKI, TO RESCI~D
THE PRE'Yl0'CS ~IOTION.
Ei~hth Street North) - A short discussion occurred regarding the utility
easement.
J:\iIOTION BY GREE:'fFIELD, SECOND BY SCOTT, TO RETAIN THE
UTILITY' E.-\SE:'ffE:'tT, CONSIDER VACATli'iG .-\ 10 FT. STRIP ON THE
E.AST SIDE A2'fD HA VE E~GI:'iEER[\fG LOOK I:'iTO THE
POSSIBILITY OF CONSTRrCJI~G A STOR."I WATER Ql"ALITY
POND .-\ T THE Ol"TLET OF THE 8TH STREET :\ORTH ACCESS.
Upon a. vote taken. ayes by Greenfie!d. K~drowski. Schenck and Scott. the motion
earned.
Lime R!2lI~orth'l - Staffs recommendation ,ytS to vacate 20 feet north of the
curb to the . e. and then in the event Council receives a pe~ition to vacate the
road'\.vav Coun~il could entertain this petitwh. A short discussion occurred.
- ""'" /
~IOTION BY GREENFIELD, SECOND BY SCHE:'fCK, TO RET.U:'i
LIlVIE ROAD (NORTH) IN fI:S'Cl:RRE:'iT STATUS.
, //
./
Upon a vote tak.en~ ayes by/Greenfield. Kedrowski~ Schenck and Scott~ the motion
canned. ~
u r'" - /I{~ - Richard y[ue!ter. 172++ Sunset Trail. discussed the fact
that he has Intained the prope~ and expressed opposition to a fence being
erected be een his property and the access. ""
MOT ON BY GREENFIELD, SECOND BiscHENCK, TO ESTABLISH
A SCENIC OVERLOOK A~D DIRECTED STA.FF TO "VORK \VITH :VlR.
M61995
EXHIBIT D
Memo
DATE: August 8, 1996
TO: Don Rye, City Planner
FROM: Lani Leichty, Water Resources Coordinator
RE: Petition for Eighth Street Vacation
On June 19, 1995 a public informational meeting, was held to discuss the Lake
Advisory's recommendation which was to vacate a portion of right-of-way on both
sides of Eighth Street and discuss constructing a water quality pond at the north end.
The City Council voted to retain the existing utility easement and consider vacating
a 10 foot strip of right-of-way on the east side. Also, engineering was requested to
look into the feasibility of constructing a sto~ water quality pond in this area. \
Staff has since surveyed this right-of-way and determined that a water quality pond
could be constructed at the north end within the 60 foot boundary. This pond could
be built by removing approximately 60 feet of the existing storm sewer pipe and
excavating to form a pond with a normal surface water area of approximately 2,200
square feet. This property is wooded with a mowed trail which meanders from
Center Road to the lake which is maintained by the neighbors. If a pond were
constructed several trees would have to be removed. These could be replaced with
stock from the City's nursery around the ponds edge. The pond would treat storm
water runoff from eight acres that is currently draining directly into Prior Lake. This
project is scheduled as a 1998 project in the 1997-2001 Capital Improvement
Program with a budgeted amount of $5,000.00. The cost estimate for this design is
approximately $4,800.00.
,..
If a water quality pond is to be constructed then the full 60 foot right-of-way width
will be needed where the pond would be located. It would be possible to vacate a
130 foot strip of right-of-way 10 feet wide on the east side and still meet the needs of
engineering (see Exhibit B). The 10 feet of vacated right-of-way would allow the
two vacant lots to the east to be expanded from 75 foot to 80 foot wide lots at the
building pad area.
~
16200 Eagle Creek A~~~~"rior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY S"IPLOYER
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EXHIBIT B
SENT' BY: DNA;
8- 7-96 1 :38PM; 6127727573 =>
6124474245;
#1 /2
EXHIBIT E
MINNESOTA DEPARTMENT OF NATURAL RESOURCES
EAST METRO AREA TRAILS AND WATERWAYS
I 200 WARNER ROAD
SAINT PAUL, MINNESOTA 55 r 06
e 12.772.7937
August 7,1996
Jane A. Kansier, Alep
Planning Coordinator
City of Prior Lake
I 6300 Eagle Creek Avenue SE
Prior Lake, Minnesota 55372-1714
I
Subject.: Vacation or a Portion of Eighth Street, Lying Northeasterly of Center Road. and Adjacent
to Prior Lake.
Dear Ms. Kc1nsier:
I have reviewed the information concerning the above application 'for vacation, Our department has
looked into this matter carefully, and has decided to oppose this vacation.
Generally I the Departrrent of Natural Re~oLJrces opposes all such vacations of public right qf WiJy to
public welters for a number of reasons:
. It is impossible to project what potential public uses and value these rights of way could have in
the long-term. Once vacated, they are lost to the public forever I
. The state owns the lake bed. Therefore, public access to public water should be retained
whenever and wherever possible.
. The street is currently owned by the public; the public has the right to use it. That right should
not be given away to private interests.
The Eighth Street site has several outstanding (ealures. Vacating the site would be a very
significant loss:
. The proposed vacation is directly across the street from a public park. ,Access to the parI< from
the lake and vice versa adds a significant amenity to each.
. The subject property is currently some of the last undeveloped lakeshore in the neighborhood.
It acts as a natural buffer for wind. noise. storm water, and provides w~tJand and fringe zone
habitat for numerous plant and animal species.
. The property is currently used and maintainp.d by Icx:af residents as a lake access. The fully
1
SENT BY: DNAj
8- 7-96 1 :38PMj 6127727573 =>
6124474245j
#2/2
wooded pro~rty has a mowed trail leading from Center Road to the lakeshore.
. Ar1 underground storm sewer runs through the property and outlets at the lakeshore. Vacation
would limit city options for improvements and maintenance.
While visiting the site, I was informed by a neighborhcod resident that there are city plan5i to upgrade the
aforementioned public park; and that the subject property has been used and maintained by
neighborhood residents for at least eight years.
Considering the limited public opportunities around lakcshore, the unique characteristics and
opportunities the Eighth SLreet site offers, neighborhc:x:d interests, and long-term interest ot the public,
the road vacation proposal should be denied.
Thank you for the opJX'f1Unity to comment on this proposal. If you have further questions, please contact
me.
Sin?~ /d7'
~L '~elli(
Anl!ii Trails and Waterways Supervisor
c: Bill Johnson
Kathleen Wallace
Pat Lynch
Mike Markell
2
eceipts exceed the esti-
lY at any time by resolu-
:ouncil reduce the sums
rize the transfer of sums
resolution to other pur-
'IT OF FUNDS.
)erating under Optional
n.ager and no order shall
~rovided in this section.
:very order shall specify
the fund from which it
e credit of the fund from
ith all then outstanding
:h contract requiring the
1 the same is to be paid.
each such contract. The
fekeeping and disburse-
ld from some unforeseen
or if any calamity or any
of making extraordinary
lsurer of emergency debt
: at not more than seven
, at maturity shall be lev-
ition of an issue of such
'oved by all the members
s
r, designate a legal news-
:r, in which shall be pub-
w to be so published and
in the public interest to
EXHIBIT F
500
STATUTORY CITIES 412.861
501
412.851 VACATION OF STREETS.
The council may by resolution vacate any street, alley, public grounds, public way,
or any part thereof, on its own motion or on petition of a majority of the owners ofland
abutting on the street, alley, public grounds. public way, or part thereof to be vacated.
When there has been no petition, the resolution may be adopted onty by a vote of four-
fifths of all members of the council. No such vacation shall be made unless it appears
in the interest of the public to do so after a hearing preceded by two weeks' published
and posted notice. The council shall cause written notice of the hearing to be mailed
to each property owner affected by the proposed vacation at least ten days before the
hearing. The notice must contain. at minimum. a copy of the petition or proposed reso-
lution as well as the time, place. and date of the hearing. In addition. if the street, alley,
public grounds, public way, or any part thereof terminates at or abuts upon any pub-
lic water, no vacation shall be made unless written notice of the petition or proposed
resolution is served by certified mail upon the commissioner of natural resources at
least 30 days before the hearing on the matter. The notice to the commissioner of natu-
ral resources is for notification purposes only and does not create a right of intervention
by the commissioner. After a resolution of vacation is adopted. the clerk shall prepare
a notice of completion of the proceedings which shall contain the name of the city, an
identification of the vacation. a statement of the time of completion thereof and a
description of the real estate and lands affected thereby. The notice shall be presented
to the county auditor who shall enter the same in the transfer records and note upon
the instrument. over official signature, the words "'entered in the transfer record." The
notice shall then be filed with the county recorder. Any failure to file the notice shall
not invalidate any such vacation proceedings.
History: 1949 c 119 s 102.' 1953 c 735 5)2; 1957 c 383 5 1; 1967 c 2895 15; 1969
c 9585; 1973 c 123 art 25 1 subd 2; 1973 c 494 s 11; 1976 c 181 s 2; 1986 c 444; 1989
c 183 s 4; 1990 c 433 s 2
412.861 PROSECUTIONS, VIOLATIONS OF ORDINANCES.
Subdivision 1. Complaint. All prosecutions for violation of ordinances shall be
brought in the name of the city upon complaint and warrant as in other criminal cases.
If the accused be arrested without a warrant, a written complaint shall thereafter be
made, to which the accused shall be required to plead, and a warrant shall issue thereon.
The warrant and all other process in such cases shall be directed for service to any police
officer, marshal, process officer, court officer, or constable of any town or city in the
county, to the sheriff of the county. or all of them.
Subd. 2. Form and contents of complaint. It shall be a sufficient pleading of the ordi-
nances or resolutions of the city to refer to them by section and number or chapter.
They shall have the effect of general laws within the city and need not be given in evi-
dence upon the trial of civil or criminal actions. Judgment shall be given, if for the
plaintiff. for the amount of fine, penalty, or forfeiture imposed, with costs; and thejudg-
ment shall direct that. in default of payment. the defendant be committed to the county
jail for such time, not exceeding 90 days, as the court shall see fit. The commitment shall
state the amount of judgment, the costs, and the period of commitment. Every person
so committed shall be received by the keeper of the jail and kept. at the expense of the
county, until lawfully discharged. The committing court may release the defendant at
any time upon payment of the fine and costs.
Subd. 3. Appeal to court of appeals. Appeals may be taken to the court of appeals
in the manner prescribed by court rule. On appealing, the defendant shall give bond
to the city, to be approved by the court, conditioned that, if the judgment be affirmed
in whole or in part, the defendant will pay the judgment. and all costs and damages
awarded against the defendant on the appeal. In case of affirmance, execution may issue
against both defendant and the defendant's sureties. Upon perfection of the appeal.
defendant shall be discharged from custody.
History: 1949 c 119 s 103; 1953 c 7355 13; 1955 c 8675 7; 1973 c 34 s 5; 1973 c 123
art 2 s 1 subd 2; 1976 c 2 s 132: 1983 c 359 s 66; 1984 c 38752; 1986 c 444
RESOLUTION 96-83
RESOLUTION PROVIDING FOR THE VACATION OF A PORTION OF 8TH STREET
LYING NORTH OF CENTER ROAD AS PLATTED WITHIN SPRING LAKE
TOWNSITE
MOTION BY: SECOND BY:
WHEREAS, a petition for the vacation of a portion of the 8th Street right-of-way has been
duly presented to the City of Prior Lake, signed by a majority of the owners of
the property abutting the following described right-of-way situated in the City of
Prior Lake, Scott County, Minnesota to wit: J
LEGAL DESCRIPTION:
That part of Eighth Street within the plat of Spring Lake Townsite, Scott County,
Minnesota, described as follows:
The easterly 10 feet of the southerly 130 feet of the platted right-of-way lying
northeasterly of the northeasterly line of Center Street.
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, August 19, 1996, at 7:00
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 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
pursuant to Minnesota Statues 412.851, the above described road right-of-way situated in
the City of Prior Lake, Scott County, Minnesota is hereby vacated.
BE IT FURTHER RESOLVED that this Resolution will be forwarded to the Office of. the
County Recorder, Scott County, for appropriate action.
16200 Eagle Creek Ave. S.E., Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
Passed and adopted this 19th day of August, 1996.
YES
ANDREN
GREENFIELD
KEDROWSKI
MADER
SCHENCK
ANDREN
GREENFIELD
KEDROWSKI
MADER
SCHENCK
NO
Frank Boyles, City Manager
City of Prior Lake
{Seal}
res9683.doc
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