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HomeMy WebLinkAbout7A Pebble Creek Shores 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: APRIL 24, 2017 AGENDA #: 7A PREPARED BY: JEFF MATZKE, PLANNER PRESENTED BY: JEFF MATZKE AGENDA ITEM: PUBLIC HEARING TO CONSIDER APPROVAL OF A RESOLUTION VACATING A PORTION OF SEVENTH STREET LOCATED NORTH OF CENTER ROAD AND SOUTH OF UPPER PRIOR LAKE WITHIN THE PLAT OF SPRING LAKE TOWNSITE DISCUSSION: Introduction The purpose of this agenda item is to conduct a public hearing on the vacation of a portion of the Seventh Street right-of-way located north of Center Road and South of Upper Prior Lake within the plat of Spring Lake Townsite. History The City received a vacation of right-of-way application from Pebble Creek Homes as part of the plat application for Pebble Creek Shores. The Pebble Creek Shores plat was approved by the City Council on March 13, 2017 contingent upon approval of this pending vacation request. In order to satisfy a MN State Statute requirement, the right-of-way vacation request was sent to the Minnesota DNR for a comment period since the land borders upon public waters. Current Circumstances City staff has evaluated the vacation application to determine whether there is a local public need for this property. That need would include, but not be limited to, public utilities, private lot access, and lake access. No public utilities exist or are planned within this right-of-way. Sufficient lake access exists at other city or DNR locations. The DNR was notified of this proposed vacation due to its adjacency to Prior Lake. Attached to this report is a letter from the Minnesota DNR stating their conclusion that the vacation does not meet the interest or preserve access to the public as a whole and as such is opposed to the vacation. The DNR letter goes on to state, if the city chooses to vacate the right of way, the DNR strongly recommends that, in addition to retaining an easement for drainage andutilit, the city explicitly retains the right of the public to travel across the property as well. Conclusion The City Staff has concluded that other adequate public lake access points exist in nearby locations at the Dewitt Public Access and along public streets such as Northwood Road. There are no current or planned public utilities located within this 30-foot right-of-way vacation request area. Approval of 2 the requested vacation will facilitate the platting of a lakeshore buildable property which will add to the property tax base. ISSUES: Minnesota State Statutes 412.851 govern the vacation of streets, alleys, public grounds and public ways in statutory cities. The city’s decision to grant or deny a vacation is legislative in character. Therefore, the City Council must decide that the proposed vacation is “in the interest of the public”. If the City concludes that this portion of Seventh Street is no longer needed for a public reason, then vacating it can be deemed to be in the interest of the public. FINANCIAL IMPACT: This property of approximately 1,400 square feet will be added to the property tax rolls of Scott County. Some minimal tax revenue will be added to Prior Lake beginning in 2018 or 2019. ALTERNATIVES: 1. Conduct the public hearing and then approve a resolution approving the vacation of a portion of Seventh Street. 2. Deny approval based on findings to support denial. 3. Table this item to a certain date in the future. RECOMMENDED MOTION: ATTACHMENTS: Alternative #1. 1. Survey 2. DNR Comment Letter 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 17-___ A RESOLUTION VACATING A PORTION OF SEVENTH STREET LOCATED NORTH OF CENTER ROAD AND SOUTH OF UPPER PRIOR LAKE WITHIN THE PLAT OF SPRING LAKE TOWNSITE Motion By: Second By: WHEREAS, A petition has been duly presented to the City of Prior Lake from the adjacent property owner for the vacation of the public right-of-way located north of Center Road and south of Upper Prior Lake, legally described as follows: That part of the southeasterly half of SEVENTH ST as dedicated in the plat of Spring Lake Townsite, according to the recorded plat thereof, Scott County, Minnesota, which lies northeasterly of the circumference of a circle having a radius of 50.00 feet; The center of said circle is the terminus of a line described as beginning at the most westerly corner of Block 24, said Spring Lake Townsite; Thence northeasterly along the northwesterly line of said Block 24, a distance of 134.37 feet; Thence northwesterly, deflecting to the left 90 degrees 00 minutes 00 seconds, a distance of 15.14 feet, and said line there terminating. WHEREAS, Notice of the public hearing has been duly published and posted in accordance with the applicable Minnesota Statutes, including proper notification to the Commissioner of Natural Resources; and WHEREAS, The Prior Lake Planning Commission reviewed the vacation request, and it has determined that it is not in conflict with the 2030 Comprehensive Plan; and WHEREAS, A public hearing was held on said petition on Monday, April 24, 2017, in the Council Chambers at the Prior Lake City Hall; 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 vacation of this public right-of-way is in the interest of the public since it is no longer needed for public uses, including but not limited to, streets, utilities, and public lake access. 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 right-of-way would be in the public interest. C:\Users\aschroeder\Desktop\17-XXX Pebble Creek Shores Vacation CC.docx 2 3. Pursuant to Minnesota Statues 412.851, the following described public right-of-way is hereby vacated: Legal Description (Public Right-of-Way): That part of the southeasterly half of SEVENTH ST as dedicated in the plat of Spring Lake Townsite, according to the recorded plat thereof, Scott County, Minnesota, which lies northeasterly of the circumference of a circle having a radius of 50.00 feet; The center of said circle is the terminus of a line described as beginning at the most westerly corner of Block 24, said Spring Lake Townsite; Thence northeasterly along the northwesterly line of said Block 24, a distance of 134.37 feet; Thence northwesterly, deflecting to the left 90 degrees 00 minutes 00 seconds, a distance of 15.14 feet, and said line there terminating. PASSED AND ADOPTED THIS 24th DAY OF APRIL, 2017. VOTE Briggs McGuire Thompson Braid Burkart Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ _____________________________ Frank Boyles, City Manager HANSEN THORP PELLINEN OLSON, Inc. 952-829-0700 952-829-7806 fax 7510 Market Place Drive Eden Prairie, MN 55344 MINNESOTA CERTIFICATION I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota. Dated this 25th day of January, 2017 ________________________________________________________ Rory L. Synstelien Minnesota License No. 44565 That part of the southeasterly half of SEVENTH ST as dedicated in the plat of Spring Lake Townsite, according to the recorded plat thereof, Scott County, Minnesota, which lies northeasterly of the circumference of a circle having a radius of 50.00 feet; The center of said circle is the terminus of a line described as beginning at the most westerly corner of Block 24, said Spring Lake Townsite; Thence northeasterly along the northwesterly line of said Block 24, a distance of 134.37 feet; Thence northwesterly, deflecting to the left 90 degrees 00 minutes 00 seconds, a distance of 15.14 feet, and said line there terminating. A description for the vacation of a portion of SEVENTH ST as dedicated in Spring Lake Townsite, Scott County Minnesota. (1-25-17) Minnesota Department of Natural Resources • Division of Parks and Trails 1200 Warner Road St. Paul, MN 55106 Minnesota Department of Natural Resources Division of Parks and Trails 1200 Warner Road St. Paul, MN 55106 April 19, 2017 City of Prior Lake Attn: Jeff Matzke, Planner 4646 Dakota St. SE Prior Lake, MN 55372 Re: Proposed Vacation of a portion of the 7th Street Right of Way Dear Mr. Matzke, Thank you for your letter to Commissioner Landwehr received March 21, 2017, regarding this proposed road vacation. Your letter was forwarded to me for review and comment, as required by M.S. 412.851. M.S. 412.851 indicates that “No vacation shall be made unless it appears in the interest of the public to do so.” In response “The commissioner must evaluate: (1) the proposed vacation and the public benefits to do so; (2) the present and potential use of the land for access to public waters; and (3) how the vacation would impact conservation of natural resources.”  In your letter or attached documents you do not state that this vacation is in the public interest.  As land use patterns change this right of way has potential for access to land and water that may be of vital importance in 50 to 100 years. We ask the city to consider this. Our charge is to evaluate the proposed vacation using M.S. 412.851 criteria. With this criteria in mind the Department of Natural Resources concludes that the vacation does not meet the interest or preserve access to the public as a whole and as such is opposed to the vacation. If the city chooses to vacate the right of way, we strongly recommend that, in addition to retaining an easement for drainage and utility, the city explicitly retain the right of the public to travel across the property as well. Thank you for the opportunity to comment on the proposed vacation. DNR does not plan to attend the public hearing. Please send us the results of the hearing and the city’s final decision on this road vacation. If you have any questions or concerns about this letter, please contact Nancy Spooner-Mueller, Acquisition and Development Specialist with DNR Parks & Trails, at nancy.spooner- mueller@state.mn.us. You may contact her by phone at 651-259-5874. Thank you. Sincerely, Keith Parker Central Region Director cc: Nancy Spooner-Mueller, Division of Parks and Trails Rachel Hintzman, Division of Parks and trails.