HomeMy WebLinkAbout7A Chatonka Heights Vacation Report
Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com
4646 Dakota Street SE
Prior Lake, MN 55372
CITY COUNCIL AGENDA REPORT
MEETING DATE:
SEPTEMBER 26, 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 DRIANAGE AND UTILITY
EASEMENTS LOCATED WITHIN THE CHATONKA HEIGHTS PLAT
DISCUSSION: Introduction
The purpose of this agenda item is to hold a public hearing to consider
vacating public drainage and utility easements. Hemlock Holdings has
requested the vacation of an easement located on the City-owned
property at the southeast corner of the development, used for a storm
water ponding area.
History
In 1986 the drainage and utility easement was granted to the City for the
purpose of installing a regional storm water pond. In 1989, the area was
purchased by the City and is still currently under City ownership. The
drainage and utility easement remains on the site. As part of the Chatonka
Heights plat, a portion of this easement/property area has been approved
for transfer to the future adjacent residential lots (the land swap).
Current Circumstances
The property which contains the easement is also owned by the City.
Upon proper notification, State Statute 412.851 allows the Council to
vacate easement by resolution. The statute also states “no such vacation
shall be made unless it appears to be in the public interest to do so.”
Conclusion
Staff supports the vacation of certain public drainage and utility
easements located on the subject property since there is no longer a
public interest in maintaining this easement.
ISSUES: The City Council must make two determinations. Does the vacation of the
existing easement comply with the Comprehensive Plan and is there any
public interest to keep and maintain the existing easement?
Comprehensive Plan Review
One of the goals of the Comprehensive Plan is to “provide well-maintained
streets, water distributions systems, sewage systems, and other municipal
services”. The drainage and utility easement was once needed in 1986
due to the storm water drainage. Since the City purchased the property
in 1989, and the area remains in City ownership for the adequate storm
water ponding, the easement is no longer necessary.
Public Interest
Based on City staff review of this specific location, there is no public
interest to keep and maintain this drainage and utility easement since the
City will own the necessary area as Outlot A of the Chatonka Heights plat.
ALTERNATIVES: 1. Motion and a second to approve a resolution approving the vacation
of drainage and utility easements within the Chatonka Heights plat.
2. Motion and a second to deny a resolution vacating drainage and utility
easements in within the Chatonka Heights plat based upon expressed
findings of fact.
3. Motion and a second to table action and request additional information
from staff.
RECOMMENDED
MOTION:
Alternative #1
ATTACHMENTS: 1. General Location Map
2. Existing Easement Document #221528
3. Plat drawing indicating easement
Phone 952.447.9800 / www.cityofpriorlake.com
4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 16-XXX
RESOLUTION APPROVING THE VACATION OF DRAINAGE AND UTILITY EASEMENTS
LOCATED WITHIN THE CHATONKA HEIGHTS PLAT
MOTION BY: _____________ SECOND BY: _______________
WHEREAS, Hemlock Holdings LLC has submitted a petition for the vacation of a drainage and
utility easement located within the area of Chatonka Heights. 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 Easement Area):
A permanent easement for public utility and drainage purposes over, under, and
across the east 303.56 feet of the south 200.00 feet of the north 10 acres of the east
20 acres of Government Lot 3, Section 26, Township 115, Range 22, Scott County ,
Minnesota.
(PID 25-926-018-0)
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, September 26, 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, The public drainage and utility easements considered for vacation are not necessary
to facilitate storm water drainage or utility service.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, that:
1. The above recitals are herein fully incorporated herein as set forth above.
2. The City Council of Prior Lake has determined that the vacation of said public easement would be in
the public interest.
3. Pursuant to Minnesota Statues 462.358, the following described public easement is hereby vacated:
Legal Description (Vacated Easement Area):
A permanent easement for public utility and drainage purposes over, under, and across the east
303.56 feet of the south 200.00 feet of the north 10 acres of the east 20 acres of Government Lot 3,
Section 26, Township 115, Range 22, Scott County, Minnesota. (PID 25-926-018-0)
PASSED AND ADOPTED THIS 26th DAY OF SEPTEMBER 2016.
VOTE Hedberg Keeney McGuire Morton Thompson
Aye ☐ ☐ ☐ ☐ ☐
Nay ☐ ☐ ☐ ☐ ☐
Abstain ☐ ☐ ☐ ☐ ☐
Absent ☐ ☐ ☐ ☐ ☐
______________________________
Frank Boyles, City Manager