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4646 Dakota Street SE
Prior Lake, MN 55372
CITY COUNCIL AGENDA REPORT
MEETING DATE: JUNE 13, 2016
AGENDA #: 7A
PREPARED BY: JEFF MATZKE, PLANNER
PRESENTED BY: DAN ROGNESS, COMMUNITY & ECON. DEVELOPMENT DIRECTOR
AGENDA ITEM: PUBLIC HEARING TO CONSIDER APPROVAL OF A RESOLUTION
APPROVING THE VACATION OF A DRAINAGE AND UTILITY
EASEMENT LOCATED WITHIN RADERMACHERS FIRST ADDITION
DISCUSSION: Introduction
The purpose of this agenda item is to consider a request by Terveuloa
Properties LLC to vacate a drainage and utility easement located within the
proposed future Bendzick Addition commercial development in order to
ensure the orderly creation of a buildable lot. The Bendzick Addition plat
will replace Outlot D of Radermachers First Addition.
History
On July 27, 1992 the Radermachers First Addition plat was approved by the
City Council along with dedicated 10 and 20-foot public easements over
Outlot D as identified in Attachment #2. The easement was granted for the
purpose of maintaining a drainage and utility area for the individual lots in
the plat.
Current Circumstances
The City Council will review the request for final plat approval of Bendzick
Addition within the next 30 days.
The necessary drainage and utility easements to replace this current
easement area are proposed to be dedicated on the final plat of Bendzick
Addition; therefore, the easements dedicated to the public upon Outlot B of
the Radermachers First Addition plat are no longer necessary. The vacation
resolution releasing the current easements would be recorded with the
pending Bendzick Addition plat.
As required by State Statute 462.358 Subd.7, the City Council is required to
review the disposal or acquisition of public lands as it relates to compliance
with the Comprehensive Plan. Upon proper notification, State Statute
462.358 allows the Council to vacate easements by resolution. The statute
also states “no such vacation shall be made unless it appears to be in the
public interest to do so.”
2
Conclusion
The City will no longer have a public need for the easements as the new
plat (Bendzick Addition) will dedicate new easements in accordance with
proper grading and drainage plans for the pending commercial
development (this easement vacation approval is conditioned upon
approval of the pending Bendzick Addition Final Plat). Therefore, City Staff
recommends approval of the easement vacation request.
ISSUES: The City Council must make two determinations. Does the vacation of the
existing easement comply with the Comprehensive Plan and is there a public
need or anticipated future need for the dedicated property?
Comprehensive Plan Review
The Comprehensive Plan does not specifically discuss utility easements,
other than as a function of ensuring access to public utilities. The vacation
of these easements is not inconsistent with any specific goal or objective of
the Comprehensive Plan. The new plat of Bendzick Addition will dedicate
necessary easements for the pending commercial development of this area.
Public Need
No public need will be present since the final plat of the Bendzick Addition
will dedicate necessary easements for this area.
FINANCIAL
IMPACT:
The approve of the easement vacation will facilitate the platting of the
Bendzick Addition plat for the development of a new commercial motor
vehicle service and repair business.
ALTERNATIVES: 1. Motion and a second to approve a resolution approving the vacation of
a drainage and utility easement located within Radermacher’s First
Addition assuming no pertinent new information is received through the
public hearing.
2. Motion and a second to deny the request based upon inconsistency of
the proposal with specific regulations of Zoning and Subdivision
Ordinance and/or specific policies of the Comprehensive Plan.
3. Motion and a second to table action and direct staff to provide additional
information specifically requested by the City Council.
RECOMMENDED
MOTION:
ATTACHMENTS:
Alternative #1
1. General Location Map
2. Illustrative Sketch of Easement Area
4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 16-XXX
RESOLUTION PROVIDING FOR THE VACATION OF DRAINAGE & UTILITY EASEMENTS
LOCATED WITHIN RADERMACHERS FIRST ADDITION
Motion By: Second By:
WHEREAS, Terveuloa Properties LLC (the “Developer”) has submitted a petition for the
vacation of drainage and utility easements located within Outlot D of Radermachers
First Addition. The petition has been duly presented to the City of Prior Lake,
signed by the owners of the property situated in the City of Prior Lake, Scott
County, Minnesota to wit:
Legal Description (Vacated Drainage & Utility Easement Area):
All drainage and utility easements over, under, and across the following described
property: Outlot D, RODERMACHERS FIRST ADDITION, Scott County,
Minnesota.
(PID 25-282-005-0)
WHEREAS, Notice of the hearing 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, June 13, 2016, in the
Council Chambers at City Hall, 4646 Dakota Street SE; 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
objections to the granting of said petition; and
WHEREAS, New public drainage and utility easements will be dedicated as part of the final plat
for Bendzick Addition in place of Outlot D of Radermachers First Addition, so the
existing drainage and utility easements are not necessary for the maintenance of
public utilities or any other public purpose.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA as follows:
1. The recitals set forth above are incorporated herein.
2. The City Council of Prior Lake has determined that the vacation of said public easement
would be in the public interest.
3. The approval resolution vacating the drainage and utility easements shall be recorded by
the Developer with the final plat of Bendzick Addition as approved by the City Council.
4. Pursuant to Minnesota Statues 462.358, the following described public easement is hereby
vacated:
Legal Description (Vacated Drainage & Utility Easement Area):
All drainage and utility easements over, under, and across the following described
property: Outlot D, RODERMACHERS FIRST ADDITION, Scott County, Minnesota.
(PID 25-282-005-0)
PASSED AND ADOPTED THIS 13th DAY OF JUNE 2016.
VOTE Hedberg Keeney McGuire Morton Thompson
Aye ☐ ☐ ☐ ☐ ☐
Nay ☐ ☐ ☐ ☐ ☐
Abstain ☐ ☐ ☐ ☐ ☐
Absent ☐ ☐ ☐ ☐ ☐
______________________________
Frank Boyles, City Manager
Bendzick Automotive
Easement Vacation
Location Map