The URL can be used to link to this page

Home My WebLink About7A 5832 Industrial Lane 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: JULY 10, 2017 AGENDA #: 7A PREPARED BY: JEFF MATZKE, PLANNER PRESENTED BY: JEFF MATZKE AGENDA ITEM: PUBLIC HEARING TO CONSIDER APPROVAL OF A RESOLUTION APPROVING THE VACATION OF DRAINAGE AND UTILITY EASEMENTS AT 5832 INDUSTRIAL LANE SE DISCUSSION: Introduction The purpose of this agenda item is to consider a request by Port City Bakery Inc. to vacate drainage and utility easements located at 5832 Industrial Lane SE within the Deerfiled Indutrial Park Sixth Addition in order to ensure the orderly creation of a new plat. History On April 17, 2006 the Deerfield Industrial Park Sixth Addition plat was approved by the City Council along with dedicated public easements over Lot 1, Block 1 (5832 Industrial Lane SE) as identified in Attachment #2. The easements were granted for the purpose of maintaining a drainage and utility area for the individual lot in the plat. Current Circumstances As part of tonight’s consent agenda, the City Council will consider the request for final plat approval of Deerfield Industrial Park Tenth Addition which encompasses Lot 1, Block 1, of the 6th Addition and Outlot A of the 7th Addition plats. The necessary drainage and utility easements to replace this current easement area are proposed to be dedicated on the final plat of Deerfield Industrial Park Tenth Addition; therefore, the easements dedicated to the public upon Lot 1, Block 1 of the Deerfield Indutrial Park Sixth Addition plat are no longer necessary. The vacation resolution releasing the current easements would be recorded with the pending Deerfield Indutrial Park Tenth 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 (Deerfield Indutrial Park Tenth 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 Deerfield Indutrial Park Tenth 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 Deerfield Indutrial Park Tenth 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 Deerfield Indutrial Park Tenth Addition will dedicate necessary easements for this area. FINANCIAL IMPACT: The approval of the easement vacation will facilitate the platting of the Deerfield Indutrial Park Tenth Addition plat for the expansion of the current Port City Bakery office/manufacturing business. ALTERNATIVES: 1. Motion and a second to approve a resolution approving the vacation of a drainage and utility easement located at 5832 Industrial Lane SE 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 17-___ RESOLUTION PROVIDING FOR THE VACATION OF DRAINAGE & UTILITY EASEMENTS LOCATED AT 5832 INDUSTRIAL LANE SE Motion By: Second By: WHEREAS, Port City Bakery Inc. (the “Developer”) has submitted a petition for the vacation of drainage and utility easements located at 5832 Industrial Lane SE. 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 lying within Lot 1, Block 1, Deerfield Industrial Park Sixth Addition, according to the plat thereof, Scott County, Minnesota which were dedicated to the public in said plat. Together with the drainage and utility easement as set forth in instrument filed September 6, 2007 as Document No. 186245. (PID 25-449-001-0, 25-460-002-0) 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, July 10, 2017, 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 Deerfield Indutrial Park Tenth 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. C:\Users\aschroeder\Desktop\17-XXX 5832 Industrial Lane Vacation.docx 2 3. The approval resolution vacating the drainage and utility easements shall be recorded by the Developer with the final plat of Deerfield Indutrial Park Tenth 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 lying within Lot 1, Block 1, Deerfield Industrial Park Sixth Addition, according to the plat thereof, Scott County, Minnesota which were dedicated to the public in said plat. Together with the drainage and utility easement as set forth in instrument filed September 6, 2007 as Document No. 186245. (PID 25-449-001-0, 25-460-002-0) Passed and adopted by the Prior Lake City Council this 10th day of July 2017 VOTE Briggs McGuire Thompson Braid Burkart Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ ___________ Frank Boyles, City Manager ADELMANN ST SE EAGLE CREEK AV SE CREDIT RIVER RD SE I N D U S T R I A L L N S E G R A Y S T O N E C T S E Ü 5832 Industrial Lane SE (Deerfield 10th Addn)Easement Vacation Location Map BLIND LAKE RD (948.7) MARKLEY LAKE RD ( ) CRYSTA L LAK E NE (943.3) RICE LA KE NE (945) H I G H W A Y 1 3 170TH ST SW C R 8 7 Spring Lake Cleary Lake SUBJECTPROPERTY SUBJECTPROPERTYSUBJECTPROPERTY EA S E M E N T EX H I B I T