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Home My WebLink About5A - Scott Family Net AGENDA #: PREPARED BY: SUBJECT: DATE: BACKGROUND: STAFF AGENDA REPORT 5A FRANK BOYLES, CITY MANAGER PRESENTATION, ALLEN LOOSE, SCOTT COUNTY FAMILY NET DECEMBER 2, 1996 Allen Loose of the Scott County Family Net has requested fifteen minutes to make a presentation to the City Council. The purpose of the presentation is to familiarize Councilmembers of the purpose, operation, and history of the Scott County Family Net. He will also be asking for the names of individuals or organizations who should be liaisons with the Scott County Family Net. RECOMMENDATION: The Council should review the attached materials regarding Scott County Family Net, hear Mr. Loose's presentation, and ask questions as desired. 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER AGENDA #: PREPARED BY: SUBJECT: DATE: INTRODUCTION: BACKGROUND: DISCUSSION: STAFF AGENDA REPORT 6A JANE KANSIER, PLANNING COORDINATOR PUBLIC HEARING TO CONSIDER THE VACATION OF A UTILITY EASEMENT LOCATED SOUTH OF CATES STREET, EAST OF FIVE HAWKS AVENUE AND WEST OF DULUTH AVENUE IN THE PLAT OF EAGLE CREEK VILLAS DECEMBER 2, 1996 The purpose of this public hearing to consider the vacation of a utility easement located on the property recently platted as Eagle Creek Villas. A map showing the location of the easement (Exhibit B) is attached for your information. As required by State statute 412.851 (see Exhibit C), notice of the hearing was published in the Prior Lake American on November 16, 1996, and on November 23, 1996. Individual notices were mailed to the adjacent property owners on November 20, 1996. State statute 412.851 allows the Council to vacate right-of-way by resolution. Since there is no petition to vacate this easement, a four-fifths vote is required to adopt the resolution vacating the easement. The statute states that "no such vacation shall be made unless it appears to be in the public interest to do so". The utility easement in question was acquired by the City in 1973 for a sewer line running through this property. Earlier this year, when a preliminary plat for Eagle Creek Villas was filed, the City discovered the storm sewer was not located in the dedicated easement. The developer dedicated a new easement covering the sewer which was recorded with the final plat. 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 no 96118cc.doc Page 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER public need for this easement. The sewer line it was meant to protect was not constructed within this area, and a new easement in the correct area has since been dedicated. AL lERNA liVES: 1. Approve the vacation of the utility easement. 2. Deny this vacation and retain the current easement for some future use. 3. Defer consideration of this item for specific reasons. RECOMMENDA liON: The Planning staff recommends approval of Alternative #1. ACTION REQUIRED: A motion and second adopting Resolution #96-XX vacating the utility easement. EXHIBITS: A. Proposed Resolution 8. Location Map C. Public Heari 96118cc.doc Page 2 EXHIBIT A RESOLUTION 96-XX RESOLUTION PROVIDING FOR THE VACATION OF A UTILITY EASEMENT LOCATED IN THE PLAT OF EAGLE CREEK VILLAS MOTION BY: SECOND BY: WHEREAS, the City Council of Prior Lake has considered the vacation of a utility easement on the property located south of Cates Street, East of Five Hawks Avenue and west of Duluth Avenue in the plat of Eagle Creek Villas, and legally described as follows: LEGAL DESCRIPTION: A 10' wide easement measuring Easterly and at right angel to the following described line: Commencing at the Northwest corner of Lot 6, Jo-Anna Stepka's Highview 3rd Addition, thence Northerly along the West line of the Northeast 1/4 of the Southwest 1/4, Section 2, Township 114 Nt Range 22 W, 180 feet to the Point of Beginning; thence continuing along this above described line 332 feet more or less to the North line of said Southwest 1/4 Section 2. and A 20' wide easement from the centerline, measured at right angles, the centerline of which is describes as follows: Commencing at the Northwest corner of Lot 6, Jo-Anna Stepka's Highview 3rd Addition; thence Northerly along West line of the Northeast 1/4 of the Southwest 1/4 Section 2, Township 114 N, Range 22 W, 180 feet to the Point of Beginning; thence Easterly 180 feet from and parallel to the North line of Jo-Anna Stepka's Highview 3rd Addition 689.5 feet; thence Southerly at right angles 180 feet to the aforementioned addition and there terminating. All within the Northeast 1/4 of the Southwest 1/4 of said Section 2, Township 114 N, Range 22 West; 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, December 2, 1996, 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 were afforded the opportunity to present their views and res96xx.doc Page 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ~'----'~~-,,~.............--.~._..~..~ ."'-...'M.___4.....~~-...._________"_'._,...~.._.-...~..~~.".~_."....-"+-~__"=.._".'_~........_...,.~..__.~_"".~_.,...,~,__~"~~~. objections to the granting of said petition; and WHEREAS, the City Council of Prior Lake has determined that the vacation of said easement 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 easement 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. Passed and adopted this 2nd day of December, 1996. YES NO ANDREN GREENFIELD KEDROWSKI MADER SCHENCK ANDREN GREENFIELD KEDROWSKI MADER SCHENCK Frank Boyles, City Manager City of Prior Lake {Seal} res96xx.doc Page 2 I - I :.. ~ ! ~ S'T - II .. ' 3 -L~ I . . \' , :" . I : -tl_~"11 -~ : -:\ 5 :5 7 ;.~{ 2 2 . _II -- ~\'---:EST~T-" \ It' - \ \ ... '. '1 Co .;) _ ,0 ! \~\ _ \ I ! ; '.w '. ! ~, '~~ cRd: I t l' \ ' \' ~ -:- A. v! I I . '0- I ! . :16 i I .9' I ,,,",, ....- , ~ I~..... , :::x::= ADO. :9 ~ ORIGiNAL I ' " i I 2 'u, I ,: ARDENs-:--! I I I ' ; . , I I! I I I;::,' I I I; . I 3 I I i - r - i____ :~ ';1:':. "..- ~ ..... t....--' e : :;~ I I ,.n ...!. -~ ! i 01 i; .... .,. ... .. , : ..... ~ ........... :: . lUi '- ~.c ...... .. ...\.~ :. I : , ~. @> I :; I- :~ ...r ., . .- ,c_, ......... . ... .. ........ / /" ,-/ ., '... ... ,. ONE .... ......- ...,... .. .. . ..,.....,..."._.~....,~:~~~._.._-""",.~.,..".~_._-,.,-~.-._..:..:.,._~..~ :3 I ." I EXHIBIT C NOTICE OF PUBLIC HEARING TO CONSIDER THE V ACA TION OF A UTILITY EASEMENT LOCATED SOUTH OF CATES STREET, EAST OF FIVE HAWKS ROAD AND WEST OF DULUTH AVENUE IN THE PLAT OF EAGLE CREEK VILLAS You are hereby notified that the Prior Lake City Council will hold a public hearing at Prior Lake Fire Station #1, located at 16776 Fish Point Road SE. (Southwest of the intersection of County Road 21 and Fish Point Road) on Monday, December 2, 1996, at 7:30 p.m. or as soon thereafter as possible. The purpose of the hearing is to consider vacating the following legally described utility easement: Legal Description: A 10' wide easement measuring Easterly and at right angel to the following described line: Commencing at the Northwest corner of Lot 6, Jo-Anna Stepka's Highview 3rd Addition, thence Northerly along the West line of the Northeast 1/4 of the Southwest 1/4, Section 2, Township 114 N, Range 22 W, 180 feet to the Point of Beginning; thence continuing along this above described line 332 feet more or less to the North line of said Southwest 1/4 Section 2. and A 20' wide easement from the centerline, measured at right angles, the centerline of which is describes as follows: Commencing at the Northwest corner of Lot 6, Jo-Anna Stepka's Highview 3rd Addition; thence Northerly along West line of the Northeast 114 of the Southwest 1/4 Section 2, Township 114 N, Range 22 W, 180 feet to the Point of Beginning; thence Easterly 180 feet from and parallel to the North line of Jo-Anna Stepka's Highview 3rd Addition 689.5 feet; thence Southerly at right angles 180 feet to the aforementioned addition and there terminating. All within the Northeast 114 of the Southwest 114 of said Section 2, Township 114 N, Range 22 West. 96118pn.doc Page 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 1 Ph. (612) 447-4230 1 Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER This area is located south of Cates Street, east of Five Hawks Road and west of Duluth Avenue, and is located within the plat of Eagle Creek Villas. If you wish to be heard in reference to this vacation, you should attend the hearing. Oral and written comments will be considered by the City Council. If you have questions regarding this matter, contact the Planning Department at 447-4230. Prepared this 13th day of November, 1996 by: Jane Kansier Planning Coordinator TO BE PUBLISHED IN THE PRIOR LAKE AMERICAN NOVEMBER 16, 1996, AND NOVEMBER 23, 1996. 96118pn.doc Page 2 "-_..-....."_..~.,,..~. ~..._.......'" 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