HomeMy WebLinkAbout02-43 Vactn/Waterfront/Norex
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Resolution
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L:\TEMPLA TEIFILEINFO.DOC
City Council Meeting Minutes
May 20, 2002
Mar ;chall: Further commented on the well-attended groundbreaking ceremony that took place at Shepherd of the Lake on
the 'Jrevious day. Added that the County in now attempting to form partnership to eliminate some of the gaps in service that
we Ileard seniors address during the forums.
Con sider Approval of a Resolution Recognizing the Period of May 24th through June 2-d as "Buckle Up Prior Lake"
Zolller: Briefly reviewed the agenda item in connection with the staff report.
MO)ON BY ZIESKA, SECOND BY LEMAIR, TO APPROVE RESOLUTION 02-72 RECOGNIZING MAY 24TH THROUGH
JUN: 2ND AS 'BUCKLE UP PRIOR LAKE'WEEK.
VOl E: Ayes by Petersen, Gundlach, Zieska, and LeMair, the motion carried.
Bov es: Noted several statistics from the staff report confirming the importance of using safety belts.
CO~ TINUA TION OF BOARD OF REVIEW
Bov~s: Reviewed the action taken at the public hearing of the Board of Review on May 6, 2002, and asked County
AssE ssor Leroy Amoldi to review his findings.
Arnoldi: Advised that the two properties in question both are challenging properties that require a reduction in the assessed
valutdue to water impacts upon the properties.
Gun lach: Asked how the reduction amount for the Schweich property was arrived at.
Am( Idi: Explained that due to the uniqueness of the property and the impacts of Markley Lake, some adjusted was
warn '"ted. The property owner agreed that the assessed value from the previous year was fair.
MOT ON BY ZIESKA, SECOND BY GUNDLACH, TO ACCEPT THE FINDINGS OF THE SCOTT COUNTY ASSESSOR.
von:: Petersen, Gundlach, Zieska, and LeMair, the motion carried.
MOT ON BY GUNDLACH, SECOND BY ZIESKA TO ACCEPT THE 2002 SCOTT COUNTY VALUATIONS.
VOTI:: Ayes by Petersen, Gundlach, Zieska and LeMair, the motion carried.
MOT ON BY GUNDLACH, SECOND BY LEMAIR TO ADJOURN THE 2002 BOARD OF REVIEW.
VOTI:: Ayes by Petersen, Gundlach, Zieska and LeMair, the motion carried.
PUBI.lC HEARINGS:
PUblic Hearing to Consider Approval of a Resolution Vacating the Drainage and Utility Easement Located on Lot 1,
Bloc.\ 2, Waterfront Passage Addition (Case File #02-043).
Rve: Reviewed the agenda item in connection with the staff report.
Acting Mayor Petersen declared the public hearing open.
No members of the public were present to address the Council on this issue.
2
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City Council Meeting Minutes
May 20, 2002
MOilON BY LEMAIR, SECOND BY ZIESKA TO CLOSE THE PUBLIC HEARING.
VOl E: Ayes by Petersen, Gundlach, Zieska and LeMair, the motion carried.
Gun :llach: Asked if the property was still a collection point for storm water water ponding.
Rve Commented that the water is routed the same but there were some additional ponding areas created through
dev~lopment.
MdlON BY ZIESKA, SECOND BY GUNDLACH TO APPROVE RESOLUTION 02-73 APPROVING VACATION OF THE
DRA NAGE AND UTILITY EASEMENTLOCATED ON LOT 1, BLOCK 2, WATERFRONT PASSAGE ADDITION.
VOT:: Ayes by Petersen, Gundlach, Zieska and LeMair, the motion carried.
Publ fc Hearing to Consider an Appeal of the Planning Commission Decision to Deny Variances to Allow a Structure
Setblck of 1-Foot to a Front Lot Line, a 1.3-Foot Sideyard Setback, a Building Separation Less then 15 Feet, a Sum
of SI rle Yards Less than 15 Feet an Eave Encroachment into a Side & Front Yard, a 62.B-Foot Building Wall Setback
to SI rle Yard, and a Driveway Setback to the Side Yard (Case File #02-029PC)
Bovl es: Advised that the next two agenda items were public hearings dealing with appeals of decisions of the Planning
Com nission.
Horsman: Thoroughly reviewed the agenda item and the 9 variance requests in connection with the staff report. Further
disclssed the staffs recommendation to grant variances 1, 2, 5 and 7, and the Planning Commission's rationaie for the
deni,ll.
LeM, lir: Asked about the rationale for removing the vestibule.
Horl'oman: Noted that the vestibule variances most adversely impacted the neighboring property.
Acting Mayor Petersen declared the public hearing open.
Stey ! Mosey (14620 Oakland Beach Ave. Sf): Discussed the need for the vestibule because there would be no access to
the h )use other than through the garage. Also discussed the entrance into the house and an intemal stairway. Noted that
he di j have a letter from the impacted neighbor advising that they supported the proposed vestibule/garage addition,
Furttler addressed the Planning Commission decision and correspondence from Larry Miller supporting the Planning
Commission decision, noting that Mr. Miller is frequently in the area and lives in Minneapolis, the platted private roadway
has r ever been used and that current structures impact the existing road, and that the Planning Commissioners had not
been out to see the site. Further noted that to remove the misplatted road from the property is prohibitively expensive.
Ziesl!: Asked about the impervious surface in the front of the house, and if a 28-foot wide driveway is needed. Noted that if
the d iveway width was reduced to 24 feet or less, two of the requested variances would not be needed.
SteY.e Mosev: Confirmed that some of the impervious surface in the front of the house would be removed. Also noted that
the d iveway calculation for impervious surface was in error.
Boyl !s: Asked where Mr. Miller's property was located in relation to the Mosey property.
SteY11 Mosey: Indicated that Mr. Miller's property was on the vestibule side of his property, but not directly adjacent. Mr.
Borrr an was the immediate neighbor on the vestibule side.
3
OZ-OYJ
flL[ O&PJI
June 3, 2002
Scott County Recorder
Scott County Government Center
200 Fourth Avenue West
Shakopee,1f.N 55379
Dear Sir or Madam:
Enclosed for recording are True and Correct Copies of Vacation Resolution 02-73
regarding Lot I, Block 2, Waterfront Passage Addition.
Please send the documentation and your statement to my attention at the address below.
If you have any questions, let me know.
Thank you.
r!JJ(l+L~ ~G~~
Connie Carlson 7 '"
Planning Dept. Secretary
enc,
RECL TR.DOC
162011 Eagle Creek Ave. S.E., Prior Lake. Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
Statl ~ of Minnesota )
)55.
COU1ty of Scott )
I, Kelly Meyer, being duly sworn, as Deputy City Clerk for the City of Prior Lake, do hereby
certi y that the attached RESOLUTION 02-73 is a true and correct copy of the original as
pas! ed and adopted by the City Council of the City of Prior Lake a ts May 20, 2002 meeting.
DatE':
YzI~
KellY Meyer I
Deputy City C~rk
h:\cellify.doc
..---,
,,~ RESOLUTION 02-73
NE50
RE, OLUTION PROVIDING FOR THE VACATION OF THE DRAINAGE AND UTILITY EASEMENT
LOCATED ON LOT 1, BLOCK 2, WATERFRONT PASSAGE ADDITION
MOTION BY:
WI EREAS,
WBEREAS,
WHEREAS,
WE EREAS,
WE EREAS,
WE EREAS,
ZIESKA
SECOND BY:
GUNDLACH
A petition for the vacation of drainage and utility easements located on Lot 1, Block 2.
Waterfront Passage Addition, has been duly presented to the City of Prior Lake, signed by
the owners of the property abutting the following described easement situated in the City of
Prior Lake, Scott County, Minnesota to wit:
LEGAL DESCRIPTION:
That portion of the platted public utility and drainage easement on that part of Lot 1, Block
2, WATERFRONT PASSAGE ADDITION, Scott County, Minnesota, described as follows:
Commencing at the southeast corner of Lot 2, Block 2 of said plat; thence South 89 degrees
49 minutes 16 seconds East plat bearing along the south line of said Lot 1, Block 2, a
distance of 100.52 feet; thence North 00 degrees 10 minutes 44 seconds East parallel with
the east line of said Lot 2, Block 2, and its northerly extension a distance of 392.56 feet to
the point of beginning of the easement to be vacated; thence continuing North 00 degrees 10
minutes 44 seconds East a distance of 20.04 feet; thence North 39 degrees 03 minutes 21
seconds East a distance of 164.49 feet; thence South 01 degrees 00 minutes 56 seconds
West a distance of 78.86 feet; thence South 48 degrees 14 minutes 04 seconds East a
distance of 143.00 feet; thence South 34 degrees 00 minutes 56 seconds West a distance of
100.00 feet; thence North 54 degrees 29 minutes 04 seconds West a distance of 188.00 feet
to the point of beginning.
EXCEPTING THEREFROM: The northwesterly 10.00 feet of the above described
easement vacation.
Notice of the hearing has been duly published and posted in accordance with the applicable
Minnesota Statutes, and
A Public Hearing was held on said petition on Monday. May 20, 2002, at 7:30 p.m. in the
Council Chambers at the Prior Lake Fire Station #1; and
The City Council then proceeded to hear all persons interested in said petition and all
persons interested in the vacation were afforded the opportunity to present their views and
objections to the granting of said petition; and
The drainage and utility easement is not necessary for the maintenance of public utilities;
and
The City Council of Prior Lake Ms determined that the vacation of said easement would be
in the public interest.
rl'@( tJ1l:~;l\Oa, OiiqcPrior Lake. Minnesota 55372-1714 / Ph. (952) 447-4230 paueXl (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, that:
1. Tile above recitals are herein fully incorporated herein as set forth above.
2. Pllrsuant to Minnesota Statues 412.851, the following described drainage and utility easements are hereby
v: cated:
L, :lZal Description
T~lUt portion of the platted public utility and drainage easement on that part of Lot I, Block 2, WATERFRONT
p, \.sSAGE ADDITION, Scott County, Minnesota, described as follows:
C lmmencing at the southeast corner of Lot 2, Block 2 of said plat; thence South 89 degrees 49 minutes 16
se conds East plat bearing along the south line of said Lot 1, Block 2, a distance of 100.52 feet; thence North 00
degrees 10 minutes 44 seconds East parallel with the east line of said Lot 2, Block 2, and its northerly
eJ tension a distance of 392.56 feet to the point of beginning of the easement to be vacated; thence continuing
N)rth 00 degrees 10 minutes 44 seconds East a distance of20.04 feet; thence North 39 degrees 03 minutes 21
se conds East a distance of 164.49 feet; thence South 01 degrees 00 minutes 56 seconds West a distance of
7. :.86 feet; thence South 48 degrees 14 minutes 04 seconds East a distance of 143.00 feet; thence South 34
d, :grees 00 minutes 56 seconds West a distance of 100.00 feet; thence North 54 degrees 29 minutes 04 seconds
V 'est a distance of 188.00 feet to the point of beginning.
E X:CEPTING THEREFROM: The northwesterly 10.00 feet of the above described easement vacation.
3. T le vacation of said drainage and utility easement is in the public interest.
Passei and adopted this 20th day of May, 2002.
I Haugen
I Gundlach
I LeMair
I Petersen
I Zieska
YES NO
Absent Haugen Absent I
X Gundlach I
X LeMair I
X Petersen I
X Zieska I
Fro"" B"t" ?:!id-
{Seal}
c:\rese luti\planres\2002\02-73 .doc
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Resolution
and ~inutes
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L:\TEMPLA TEIFILEINFO.DOC
Planning Commission Meeting
May 13. 2002
Ringstad:
· Agreed to move along.
· The neighbor's drainage concern will be resolved.
Criego:
· One of the reasons the Commission held this over was to assure the neighbor the
drainage was taken care of.
· Feel uncomfortable to move this forward. The City Engineer has not had time to
review this.
· All we are loosing is a couple of weeks for the neighbor's comfort.
· Felt the matter should be tabled.
Stamson:
· Regarding the driveway - there are problems both ways. It would be more of a
problem having the driveway come off Mushtown Road. This provides a permanent
solution to the problem. It is a better design.
· Support that part of the draining plan.
· Understand Criego's concern but comfortable moving forward. Staff did not feel
there was any problem at the first meeting. There are no major problems effected by
the drainage.
· This will also be reviewed at the City Council level before a grading issue is granted.
. Move forward.
Open discussion:
· Lemke said now that the plat has been redesigned there should not be a problem and
was comfortable moving forward.
· Atwood heard two things from the neighbor, the drainage and appearance.
Appreciate her concerns, but staff has legitimate access to Mushtown Road.
MOTION BY RINGST AND, SECOND BY LEMKE, RECOMMENDING APPROVAL
OF THE PRELIMINARY PLAT TO BE KNOWN AS RED CEDAR HEIGHTS,
SUBJECT TO THE CONDITIONS LISTED IN THE STAFF REPORT.
Vote taken indicated ayes by Ringstad, Lemke, Atwood and Stamson. Nay by Criego.
MOTION CARRIED.
This item will go before the City Council on June 3, 2002.
7. New Business:
A. Case #02-043: The City of Prior Lake is requesting to vacate a drainage and
utility easement on part of Lot 1, Block 2, Waterfront Passage Addition.
L:\02FILES\02planning comm\02pcminutes\MNOSI302.doc 13
_.~"---------'---"-'----------^"-_._--- - '--'-' --'-~'-"--~-'---"---'-
Planning Commission Meeting
May 13. 2002
Planning Coordinator Jane Kansier presented the Planning Report dated May 13,2002,
on file in the office of the City Planning Department.
The City of Prior Lake has filed an application to vacate a portion of the drainage and
utility easement located on Lot I, Block 2, Waterfront Passage Addition. This property is
located on the southwest side of Cottonwood Lane, east ofFish Point Road and west of
Adelmann Street. The easement originally covered a wetland area that has since been
filled. Vacating the easement will facilitate construction of the Norex office building on
this site.
Staff recommended approval ofthe request. Once this portion of wetland was filled, the
need for a drainage and utility easement ceased to exist.
Comments from the Commissioners:
All Commissioners supported staffs report.
MOTION BY LEMKE, SECOND BY ATWOOD, RECOMMENDING APPROVAL
OF THE PROPOSED VACATION OF THE EASEMENT.
Vote taken indicated ayes by aiL MOTION CARRIED.
This matter will go before the City Council on May 20, 2002.
8. Announcements and Correspondence:
Atwood commented it was nice to see the Norex building in the business office park.
Rye said Norex was happy to build and stay in Prior Lake.
Lemke questioned an informational sign off Franklin TraiL Kansier eXplained the signs
on new developments.
Criego questioned a tour of the City. Kansier said it is still planned for July 29th.
Criego mentioned the Planning Commission had talked about further discussions on
separating R-l and Medium density. Rye said the City was prepared to go ahead with the
discussions but the Long Range Committee was formed and it was decided to hold off
and see what transpires from that. There may be other things in the Comprehensive Plan
to look at. It will be reviewed at the same time.
9. Adjournment:
The meeting adjourned at 8:40 pm.
Don Rye
Community Development Director
Connie Carlson
Recording Secretary
L\02FILES\02planning comm\02pcminutes\MN051302.doc
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PRIOR LAKE, MINNESOTA SS372
TELEPHONE (612) 447.2570
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[)ISCUSSION:
CITY C.UNCIL AGE~A REPORT
MAY 20, 2002
8A
JANE KANSIER, PLANNING COORDINATOR
DON RYE, COMMUNITY DEVELOPMENT DIRECTOR
PUBLIC HEARING TO CONSIDER APPROVAL OF A
RESOLUTION VACATING THE DRAINAGE AND UTILITY
EASEMENT LOCATED ON LOT 1, BLOCK 2, WATERFRONT
PASSAGE ADDITION (Case File #02-043)
Historv: The City of Prior Lake has filed an applic!ltion to va~ a
portion of the drainage and utility easement located on Lot I, Block 2,
Waterfront Passage Addition. This property is located on the
southwest side of Cottonwood Lane, east ofFish Point Road and west
of Adelmann Street. The easement originally covered a wetland area
that has since been filled."
Waterfront Passage Addition was originally platted in 1993. The
easement area ill ouestion was olatted over an existing wetland. That
wetland has since been filled, and the easement is no longer necessary
for drainage purposes. Norex has signed a purchase agreement with
the City for this site. Vacatini the easement will facilitate construction
of the Norex office building ol)..this site,_
Current Circumstances: The Planning Commission reviewed this
vacation request on May 13, 2002. The Planning Commission
recommended approval of the proposed vacation.
The Issues: Minnesota Statutes 412.851 allows the Council to vacate
easements or right-of-way by resolution. The statute states, "no such
vacation shall be made unless it appears to be in the public interest to
do so." The Comprehensive Plan does not specifically discuss utility
easements, other than as a function of ensuring access to public
utilities.
The vacation of this easement is not inconsistent with any soecific goal
or objective of the Comprehensive Plan. Once this portion of the
wetland waS1iIfea:;fue-need for a dniinage and utility easement ceased
to exist. There are no utilities located within the easement.
~...-
o:I02fi1esI02vacationsI02-43 waterfrontl02-43 cc report. doc Page 1
162110 Eagle Creek Ave. SE., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
ALTERNATIVES:
REC( MMENDED
MOTJON:
REVI~WED BY:
.; ,
rnnl'lll.inn' The Planning Commission and the staff recommend
approval of the requested vacation. -
The City Council has three alternatives:
I. Adopt a Resolution approv~g the vacation.
2. Direct staff to prepare a resolution denying the vacation.
3. Defer this item and provide staff with specific direction.
..----
,
The Planning Commission and staff recommend Alternative # 1. A
motion and second to adopt a Resolution approving the vacation'ofthe
easem:nt subject to the listed condition is required.
.
1:\02fi1e ;\02vacations\02-43 waterfront\02-43 cc report.doc
Page 2
RESOLUTION 02-XX
~/"N
RE ,OLUTION PROVIDING FOR THE VACATION OF THE DRAINAGE AND UTILITY EASEMENT
LOCATED ON LOT 1, BLOCK 2, WATERFRONT PASSAGE ADDITION
WI lEREAS,
WI EREAS,
WI EREAS,
WI EREAS,
WI EREAS,
WI EREAS,
MOTION BY:
SECOND BY:
A petition for the vacation of drainage and utility easements located on Lot I, Block 2,
Waterfront Passage Addition, has been duly presented to the City of Prior Lake, signed by
the owners of the property abutting the following described easement situated in the City of
Prior Lake, Scott County, Minnesota to wit:
LEGAL DESCRIPTION:
That portion of the platted public utility and drainage easement on that part of Lot I, Block
2, WATERFRONT PASSAGE ADDITION, Scott County, Minnesota, described as follows:
Commencing at the southeast comer of Lot 2, Block 2 of said plat; thence South 89 degrees
49 minutes 16 seconds East plat bearing along the south line of said Lot I, Block 2, a
distance of 100.52 feet; thence North 00 degrees 10 minutes 44 seconds East parallel with
the east line of said Lot 2, Block 2, and its northerly extension a distance of 392.56 feet to
the point of beginning of the easement to be vacated; thence continuing North 00 degrees 10
minutes 44 seconds East a distance of 20.04 feet; thence North 39 degrees 03 minutes 21
seconds East a distance of 164.49 feet; thence South 01 degrees 00 minutes 56 seconds
West a distance of 78.86 feet; thence South 48 degrees 14 minutes 04 seconds East a
distance of 143.00 feet; thence South 34 degrees 00 minutes 56 seconds West a distance of
100.00 feet; thence North 54 degrees 29 minutes 04 seconds West a distance of 188.00 feet
to the point of beginning.
EXCEPTING THEREFROM: The northwesterly 10.00 feet of the above described
easement vacation.
Notice of the hearing has been duly published and posted in accordance with the applicable
Minnesota Statutes, and
A Public Hearing was held on said petition on Monday, May 20, 2002, at 7:30 p.m. in the
Council Chambers at the Prior Lake Fire Station #1; and
The City Council then proceeded to hear all persons interested in said petition and all
persons interested in the vacation were afforded the opportunity to present their views and
objections to the granting of said petition; and
The drainage and utility easement is not necessary for the maintenance of public utilities;
and
The City Council of Prior Lake has determined that the vacation of said easement would be
in the public interest.
1:t'6J:! je;~~~~%t!3 SVI!.l~rp-fi~~e:;<'fl1I.ilWfesota 55372-1714 / Ph. (952) 447-4230 llalJla~ (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
NOW Till :REFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, that:
I. The ah .ve recitals are herein fully incorporated herein as set forth above.
2. Pursuallt to Minnesota Statues 412.851, the following described drainage and utility easements are hereby
vacatec :
Le~al I,escrintion
That p< rtion of the platted public utility and drainage easement on that part of Lot I, Block 2, WATERFRONT
PASS; GE ADDITION, Scott County, Minnesota, described as follows:
Comml,ncing at the southeast comer of Lot 2, Block 2 of said plat; thence South 89 degrees 49 minutes 16
second:: East plat bearing along the south line of said Lot I, Block 2, a distance of 100.52 feet; thence North 00
degree~ 10 minutes 44 seconds East parallel with the east line of said Lot 2, Block 2, and its northerly
extensi. m a distance of 392.56 feet to the point of beginning of the easement to be vacated; thence continuing
North (0 degrees 10 minutes 44 seconds East a distance of 20.04 feet; thence North 39 degrees 03 minutes 21
secondl East a distance of 164.49 feet; thence South 0 I degrees 00 minutes 56 seconds West a distance of
78.86 Ifet; thence South 48 degrees 14 minutes 04 seconds East a distance of 143.00 feet; thence South 34
degreei 00 minutes 56 seconds West a distance of 100.00 feet; thence North 54 degrees 29 minutes 04 seconds
West a distance of 188.00 feet to the point of beginning.
EXCEl TING THEREFROM: The northwesterly 10.00 feet of the above described easement vacation.
3. The va. ,ation of said drainage and utility easement is in the public interest.
Passed and adopted this 20th day of May, 2002.
YES
NO
I Haugen
I Gundlach
I LeMair
I Petersen
I Zieska
Haugen
Gundlach
LeMair
Petersen
Zieska
{Seal}
Frank Boyles, City Manager
1:\02files\02' 'acations\02-43 waterfrontlrs02xxcc.doc
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\GENDA #:
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\GENDA ITEM:
,>ISCUSSION:
CITY COUNCIL AGENDA REPORT
MAY 20, 2002
8A
JANE KANSIER, PLANNING COORDINATOR
DON RYE, COMMUNITY DEVELOPMENT DIRECTOR
PUBLIC HEARING TO CONSIDER APPROVAL OF A
RESOLUTION VACATING THE DRAINAGE AND UTILITY
EASEMENT LOCATED ON LOT 1, BLOCK 2, WATERFRONT
PASSAGE ADDITION (Case File #02-043)
Historv: The City of Prior Lake has filed an application to vacate a
portion ofthe drainage and utility easement located on Lot I, Block 2,
Waterfront Passage Addition, This property is located on the
southwest side of Cottonwood Lane, east of Fish Point Road and west
of Adelmann Street. The easement originally covered a wetland area
that has since been filled.
Waterfront Passage Addition was originally platted in 1993. The
easement area in question was platted over an existing wetland. That
wetland has since been filled, and the easement is no longer necessary
for drainage purposes. Norex has signed a purchase agreement with
the City for this site. Vacating the easement will facilitate construction
of the Norex office building on this site.
Current Circumstances: The Planning Commission reviewed this
vacation request on May 13, 2002. The Planning Commission
recommended approval ofthe proposed vacation.
The Issues: Minnesota Statutes 412.851 allows the Council to vacate
easements or right-of-way by resolution. The statute states, "no such
vacation shall be made unless it appears to be in the public interest to
do so." The Comprehensive Plan does not specifically discuss utility
easements, other than as a function of ensuring access to public
utilities.
The vacation ofthis easement is not inconsistent with any specific goal
or objective ofthe Comprehensive Plan. Once this portion of the
wetland was filled, the need for a drainage and utility easement ceased
to exist. There are no utilities located within the easement.
I: ,02filesI02vacationsI02-43 waterfrontl02-43 cc report.doc Page 1
1620) Eagle Creek Ave, S,E,. Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
. \L TERNA TIVES:
~COMMENDED
~OTION:
HEVIEWED BY:
ranr!".;"n' The Planning Commission and the staff recommend
approval of the requested vacation.
The City Council has three alternatives:
1. Adopt a Resolution approving the vacation.
2. Direct staff to prepare a resolution denying the vacation.
3. Defer this item and provide staff with specific direction.
The Planning Commission and staff recommend Alternative #1. A
motion and second to adopt a Resolution approving the vacation of the
easement subject to the listed condition is required.
Fr~Ci Manager
I:' 02files\02vacations\02-43 waterfront\02-43 cc report. doc
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RE ;OLUTION PROVIDING FOR THE VACATION OF THE DRAINAGE AND UTILITY EASEMENT
LOCATED ON LOT 1, BLOCK 2, WATERFRONT PASSAGE ADDITION
WlIEREAS,
WIIEREAS,
WIIEREAS,
WIIEREAS,
WIIEREAS,
WIIEREAS,
RESOLUTION 02-XX
MOTION BY:
SECOND BY:
A petition for the vacation of drainage and utility easements located on Lot I, Block 2,
Waterfront Passage Addition, has been duly presented to the City of Prior Lake, signed by
the owners of the property abutting the following described easement situated in the City of
Prior Lake, Scott County, Minnesota to wit:
LEGAL DESCRIPTION:
That portion of the platted public utility and drainage easement on that part of Lot I, Block
2, WATERFRONT PASSAGE ADDITION, Scott County, Minnesota, described as follows:
Commencing at the southeast corner of Lot 2, Block 2 of said plat; thence South 89 degrees
49 minutes 16 seconds East plat bearing along the south line of said Lot I, Block 2, a
distance of 100.52 feet; thence North 00 degrees 10 minutes 44 seconds East parallel with
the east line of said Lot 2, Block 2, and its northerly extension a distance of 392.56 feet to
the point of beginning of the easement to be vacated; thence continuing North 00 degrees 10
minutes 44 seconds East a distance of 20.04 feet; thence North 39 degrees 03 minutes 21
seconds East a distance of 164.49 feet ; thence South 0 I degrees 00 minutes 56 seconds
West a distance of 78.86 feet; thence South 48 degrees 14 minutes 04 seconds East a
distance of 143.00 feet; thence South 34 degrees 00 minutes 56 seconds West a distance of
100.00 feet; thence North 54 degrees 29 minutes 04 seconds West a distance of 188.00 feet
to the point of beginning.
EXCEPTING THEREFROM: The northwesterly 10.00 feet of the above described
easement vacation.
Notice of the hearing has been duly published and posted in accordance with the applicable
Minnesota Statutes, and
A Public Hearing was held on said petition on Monday, May 20, 2002, at 7:30 p.m. in the
Council Chambers at the Prior Lake Fire Station #1; and
The City Council then proceeded to hear all persons interested in said petition and all
persons interested in the vacation were afforded the u""u.~Jllity to present their views and
objections to the granting of said petition; and
The drainage and utility easement is not necessary for the maintenance of public utilities;
and
The City Council of Prior Lake has determined that the vacation of said easement would be
in the public interest.
1~~j8'~~~3S'".t~rjltl~~<MiIWlesota 55372-1714 / Ph. (952) 447-4230 'l"'lJlall (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
N01 V THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, that:
I. . :ne above recitals are herein fully incorporated herein as set forth above.
2. l'ursuant to Minnesota Statues 412.851, the following described drainage and utility easements are hereby
, 'acated:
I.egal Descrintion
-hat portion of the platted public utility and drainage easement on that part of Lot I, Block 2, WATERFRONT
tASSAGE ADDITION, Scott County, Minnesota, described as follows:
(:ommencing at the southeast corner of Lot 2, Block 2 of said plat; thence South 89 degrees 49 minutes 16
s :conds East plat bearing along the south line of said Lot I, Block 2, a distance of 100.52 feet; thence North 00
C egrees 10 minutes 44 seconds East parallel with the east line of said Lot 2, Block 2, and its northerly
e <tension a distance of 392.56 feet to the point of beginning of the easement to be vacated; thence continuing
~ forth 00 degrees 10 minutes 44 seconds East a distance of 20.04 feet; thence North 39 degrees 03 minutes 21
s :conds East a distance of 164.49 feet ; thence South 01 degrees 00 minutes 56 seconds West a distance of
78.86 feet; thence South 48 degrees 14 minutes 04 seconds East a distance of 143.00 feet; thence South 34
degrees 00 minutes 56 seconds West a distance of 100.00 feet; thence North 54 degrees 29 minutes 04 seconds
\ fest a distance of 188.00 feet to the point of beginning.
I XCEPTING THEREFROM: The northwesterly 10.00 feet of the above described easement vacation.
3. 1 he vacation of said drainage and utility easement is in the public interest.
Pass~ d and adopted this 20th day of May, 2002.
YES
NO
I Haugen
I Gundlach
LeMair
Petersen
Zieska
, Haugen
Gundlach
LeMair
I Petersen
I Zieska
{ Seal}
Frank Boyles, City Manager
1:1021Y esl02vacationsl02-43 waterfrontlrs02xxcc.doc
Page 2
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PLANNING REPORT
AGENDA ITEM:
SUBJECT:
PRESENTER:
PUBLIC HEARING:
DATE:
7A
REVIEW REQUEST TO VACATE A PORTION OF THE
DRAINAGE AND UTILITY EASEMENT LOCATED ON
LOT 1, BLOCK 2, WATERFRONT PASSAGE
ADDITION (Case File #02-043)
JANE KANSIER, PLANNING COORDINATOR
_YES X NO.N/A
MAY 13, 2002
INTRODUCTION
The City of Prior Lake has filed an application to vacate a portion of the drainage
and utility easement located on Lot 1, Block 2, Waterfront Passage Addition.
This property is located on the southwest side of Cottonwood Lane, east of Fish
Point Road and west of Adelmann Street. The easement originally covered a
wetland area that has since been filled. Vacating the easement will facilitate
construction of the Norex office building on this site.
As required by State Statute 462.356 Subd.2, the Planning Commission is
required to make a recommendation to the City Council regarding the disposal or
acquisition of public lands as it relates to compliance with the Comprehensive
Plan.
Upon proper notification, State Statute 412.851 allows the Council to vacate
easement or right-of-way by resolution. The statute also states "no such
vacation shall be made unless it appears to be in the public interest to do so".
DISCUSSION
Waterfront Passage Addition was originally platted in 1993. The easement area
in question was platted over an existing wetland. That wetland has since been
filled, and the easement is no longer necessary for drainage purposes.
The Planning Commission 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?
1:\02fi1es\02vacations\02-43 watemont\02-43 pc report.doc 1
16210 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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 this
easement is not inconsistent with any specific goal or objective of the
Comprehensive Plan.
Public Need
Once this portion of the wetland was filled, the need for a drainage and utility
easement ceased to exist.
RECOMMENDATION
There is no need for the retention of an easement on this land. The Planning
staff therefore recommends approval of this request.
AL TERNA TIVES:
1. Recommend the City Council approve the proposed vacation of the
easement as presented or with changes recommended by the
Commission.
2. Continue the discussion to a date and time certain to allow the staff to
provide additional information specifically requested by the Planning
Commission.
3. Based upon expressed findings of fact, recommend the City Council deny
part or all of the applications based upon inconsistency of the proposal
with specific regulations of the Zoning and Subdivision Ordinances and/or
specific policies of the Comprehensive Plan.
RECOMMENDATION:
The staff recommends Alternative #1.
ACTION REQUIRED:
Motion and second to recommend the City Council approve the vacation of the
easement.
1:\02fi1es\02vacations\02-43 waterfront\02-43 pc report.doc
2
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PLANNING REPORT
~-
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AGENDA ITEM:
SUBJECT:
PRESENTER:
PUBLIC HEARING:
DATE:
7A
REVIEW REQUEST TO VACATE A PORTION OF THE
DRAINAGE AND UTILITY EASEMENT LOCATED ON
LOT 1, BLOCK 2, WATERFRONT PASSAGE
ADDITION (Case File #02-043)
JANE KANSIER, PLANNING COORDINATOR
_YES X NO-N/A
MAY 13, 2002
INTRODUCTION
The City of Prior Lake has filed an application to vacate a portion of the drainage
and utility easement located on Lot 1, Block 2, Waterfront Passage Addition,
This property is located on the southwest side of Cottonwood Lane, east of Fish
Point Road and west of Adelmann Street. The easement originally covered a
wetland area that has since been filled. Vacating the easement will facilitate
construction of the Norex office building on this site,
As required by State Statute 462.356 Subd,2, the Planning Commission is
required to make a recommendation to the City Council regarding the disposai or
acquisition of public lands as it relates to compliance with the Comprehensive
Plan.
Upon proper notification, State Statute 412.851 allows the Council to vacate
easement or right-of-way by resolution. The statute also states "no such
vacation shall be made unless it appears to be in the public interest to do so",
DISCUSSION
Waterfront Passage Addition was originally platted in 1993, The easement area
in question was platted over an existing wetland, That wetland has since been
filled, and the easement is no longer necessary for drainage purposes.
The Planning Commission 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?
1:\02fi1es\02vacations\02-43 waterfront\02-43 pc report. doc 1
16; 00 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY' EMPLOYER
-
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 this
easement is not inconsistent with any specific goal or objective of the
Comprehensive Plan.
Public Need
Once this portion of the wetland was filled, the need for a drainage and utility
easement ceased to exist.
RECOMMENDATION
There is no need for the retention of an easement on this land. The Planning
staff therefore recommends approval of this request.
ALTERNATIVES:
1. Recommend the City Council approve the proposed vacation of the
easement as presented or with changes recommended by the
Commission.
2. Continue the discussion to a date and time certain to allow the staff to
provide additional information specifically requested by the Planning
Commission.
3. Based upon expressed findings of fact, recommend the City Council deny
part or all of the applications based upon inconsistency of the proposal
with specific regulations of the Zoning and Subdivision Ordinances and/or
specific policies of the Comprehensive Plan.
RECOMMENDATION:
The staff recommends Alternative #1.
ACTION REQUIRED:
Motion and second to recommend the City Council approve the vacation of the
easement.
1:\02fi1es\02vacations\02-43 waterfront\02-43 pc report.doc
2
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AFFIDAVIT OF SERVICE BY MAIL
COUNTY OF SCOTT )
)ss
STATE OF MINNESOTA)
DYU'lit ~ ofthe City of Prior Lake County of Scott, State of
Minnesota, being dq{y sworn, says on the llP" day-;r--~ , 2002, she s~rved
!~s. attllch'Eist ofp,*sons t? have an interest in the ~ - ~ -
~ r "/;:l':>~-t.. - IUC1\.a4 , by mailing to them a copy thereof,
enclosed i an envelope, postage prepaid, and be depositing same in the post office at
Prior Lake, Minnesota, the last known address of the parties.
Subscribed and sworn to be this
day of , 2000.
NOTARY PUBLIC
L:\DEPTWORK\BLANKFRM\MAILAFFD.DOC
NOTICE OF PUBLIC HEARING TO CONSIDER THE VACATION OF A
DRAINAGE AND UTILITY EASEMENT LOCATED ON PART OF LOT 1, BLOCK
2, WATERFRONT PASSAGE ADDITION
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 on Monday, May 20, 2002, at
7:30 p.m. or as soon thereafter as possible. The purpose of the hearing is to consider
vacating a drainage and utility easement located on the 4.17 acre vacant parcel of land
described as part of Lot 1, Block 2, Watemont Passage Addition. The easement to be
vacated is legally described as follows:
Legal Description:
That portion of the platted public utility and drainage easement on that part of Lot I, Block
2, WATERFRONT PASSAGE ADDITION, Scott County, Minnesota, described as follows:
Commencing at the southeast corner of Lot 2, Block 2 of said plat; thence South 89 degrees
49 minutes 16 seconds East plat bearing along the south line of said Lot 1, Block 2, a
distance of 100.52 feet; thence North 00 degrees 10 minutes 44 seconds East parallel with
the east line of said Lot 2, Block 2, and its northerly extension a distance of 392.56 feet to
the point of beginning of the easement to be vacated; thence continuing North 00 degrees 10
minutes 44 seconds East a distance of 20.04 feet; thence North 39 degrees 03 minutes 21
seconds East a distance of 164.49 feet; thence South 01 degrees 00 minutes 56 seconds West
a distance of 78.86 feet; thence South 48 degrees 14 minutes 04 seconds East a distance of
143.00 feet; thence South 34 degrees 00 minutes 56 seconds West a distance of 100.00 feet;
thence North 54 degrees 29 minutes 04 seconds West a distance of 188.00 feet to the point of
beginning.
EXCEPTING THEREFROM: The northwesterly 10.00 feet of the above
described easement vacation.
If you wish to be heard in reference to this matter, 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 952-447-9810.
Prepared this 23rd day of April, 2002 by:
Jane Kansier, Planning Coordinator
City of Prior Lake
Sent to adjoining property owners on Friday, May 10,2002.
1:I02filesI02vacationsI02-43 waterrrontlmail notice.doc
162)0 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
Property ONners Adjacent
to Waterfront Passage Vacation
Case File #02-043
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1000
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1000 Feet
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SHSRTN
252960030 A & H ENTERPRISES
25296002~ HANSEN,DAVI~
~2960020 PRIOR LAKE,Crr" OF
~53150010 PRIOR LAKE,CITY~
.252960021 SHANKS.ANTHONY E & ROSEMARY
mail list
SHNAM2
--
SHHOUS SHSTRE
17021
8140
Property OWners Adjacent
to Waterfront Passage Vacation
SHCITY
SH SHZI PROPA1
PRPLA T
~--~---_._------_.
FISH POINT RD SE PRIOR LAKE MN 55372 17021
FISH POINT
RD SE
P P LEGALl
& PIO LOT 1 BLK 2 COM SE COR
LOT 2 BLK 2, N 228' TO NE COR 2-
2, E 100.52'. S 228', W 100.52' TO
2 2 POB
COM NW COR 2-2, N 147'. CURVE
NE 26.08', N 82-30-56 E 195.73S 85
59-04 E 217.67'. S 184.6W 410.52'
2 TO POB
- LYING SE OF LINE COM MOST
ERL YCOR. W ALONG N LINE
131.41', NW ALONG N LINE 79.85',
NW ALONG N LINE 593.15' TO
POB. 561-45-56 W 106', S 33-45-56
W 70'. S 14-15-56 W 75', S 48-45-56
W 87', S 75-45-56 E 185.99' TO W
LINE OF LOT & THERE
TERMINATING EX COM NW COR 2
2, N 147'. CURVE NE 26.08'. N 82-
30-56 E 195.73', S 85-59-04 E
217.67', S 412.6W 100.52', N 228',
PLAT-25296 WATERFRONT PASSAGE ADDN 1 2 W 310' TO POB
PLAT-25315 WATERFRONT PASSAGE 2ND ADDN 1 1
PLAT-25296 WATERFRONT PASSAGE ADDN
-,--
---
____._0_
----
FISH POINT
FLYING CLOUD DR EDEN PRAIR MN 55344 17001
CITY ADMINISTRATOR 16200 EAGLECREEKAV PRIOR LAKE MN 55372
CITY ADMINISTRATOR 16200 EAGLE CREEKAV PRIOR LAKE MN 55372
-----..-.---------
5501
ST ARVIEW LN
PRIOR LAKE MN 55372 16873 FISH POINT
RD SE
RD SE
PLAT-25296 WATERFRONT PASSAGE ADDN
-LYING NW OF LINE COM E'RLY--
CORNW ALONG N'ERL Y LINE
131.41'. NW ALONG N'ERLY LINE
79.85'. NW ALONG N'ERL Y LINE
593.15' TO POB, S 61-45-56 W 106'
S 33-45-56 W 70', S 14-15-56 W 75'.
N 48-45-56 W 87', S 75-45-56 W
186.99' TO W LINE LOT 1 BLK 2 &
2 THERE TERMINATNG
PLAT-25296 WATERFRONT PASSAGE ADDN
5110/02
CITY OF PRIOR LAKE
DRC PROJECT REVIEW CHECKLIST
PROJECT NAME:
I
I APPLICANT:
I PROJECT ENGINEERS:
I CONTACT PERSON:
I
I PID#:
I LOCATION:
I EXISTING ZONING:
I COMPREHENSIVE PLAN:
I
! I PROJECT REQUEST:
WATERFRONT PASSAGE EASEMENT
V ACA TION
An application to vacate a drainage and utility easement on
part of Lot 1, Block 2, Waterfront Passage Addition.
City of Prior Lake
City of Prior Lake
Jane Kansier
SITE INFORMATION
25-296-002-0
This property is located on the southwest side of Cottonwood
Lane, east of Fish Point Road and west of Adelmann Street.
C-5
C-BO
I Review vacation of easement.
If DISTRIBUTE TO: 1-- - . !
APPLICATION FOR:
I. Frank Boyles ------,.------- Bud Osmundson Administrative Land Division -I
.
I. Sue Walsh . Sue McDermott Comprehensive Plan Amend.
I. Ralph Teschner Conditional Use Permit
. Chris Esser . Fire Chief Home Occupation
. Bob Hutchins . Bill O'Rourke Rezoning
. Don Rye Site Plan
Jane Kansier Preliminary Plat
PUD
DNR - Pat Lynch Minnegasco Final Plat :1
County Hwy. Dept. Watershed Dist. Variance
MNDOT Telephone Co. . Vacation 1
SMDC Electric Co. !
Mediacom Cable I Met. Council
----- ------.:I
-------- 4/25/02 Date Due --r5/7/02 1
1 Date Received 4/23/02 Date Distributed
I Complete Application 4/25/02 Date Distributed to 4/25/02 DRC Meeting 5/9/02 I
Date DRC
I Publication Date 4/27102 Tentative PC Date 5/13/02 Tentative CC 5/20/02 I
Date
1 60 Day Review Date Review Extension -l
1:102fllesI02vacationsI02-43 waterfrontlreferral.doc
Page 1
I have reviewed the attached proposed request (Waterfront Passaae Easement.
Vacationl for the following:
_' Water R City cod;;--R Grading -I
I Sewer Storm Water Signs - I
I Zonina Flood Plain County Road Access 1
I Parks Natural Features Legal Issues I
I Assessment Electric Roads/Access '.
Policy I
Septic System Gas Building Code
Erosion Control Other
-- --..-- -- - ---._-- - -----
,
! Recommendation:
Approval
Denial
Conditional Approval
1 Comments:
1igned:
Date:
~Iease return any comments by Tuesdav. Mav 7_ 2002, to
J 3ne Kansier, DRC Coordinator
( ity of Prior Lake
1 5200 Eagle Creek Avenue SE
Prior Lake, MN 55372
P,one: (952) 447-9812
F~x: (952) 447-4245
,
1;192fi1esI02vacationsI02-43 waterfrontlreferral.doc
Page 2
- ""-----.----.-----...-----..-....-.... ..-
Land Surveyors
Planners
Valley Surveying Co., RA.
-,
(952) 447-2570
Suite 230
16670 Franklin Trali S.E.
Prior Lake, Minnesota 55372
. viarch 15,2002
~asement vacation description prepared for:
'ihe City' of Prior Lake, Minnesota
I :/0 Kelly Meyer
.6200 Eagle Creek Avenue S.E.
"rior L~ke, MN 55372-1714
DESCRIPTION OF EASEMENT TO BE VACATED:
\ request to vacate that portion of the platted public utility and drainage easement on that part of
~ot I, Block 2, WATERFRONT PASSAGE ADDITION, Scott County, Minnesota described as
;ollows:
i
ltommencing at the southeast comer of Lot 2, Block 2, of said plat; thence South 89 degrees 49
Jninutes 16 seconds East plat bearing along the south line of said Lot 1, Block 2, a distance of
.00.52 feet; thence North 00 degrees 10 minutes 44 seconds East parallel with th~ east line of
: aid Lot 2, Block 2, and its northerly extension a distance of 392.56 feet to the point of beginning
IIfthe easement to be vacated; thence continuing North 00 degrees 10 minutes 44 seconds East a
distance of20.04 feet; thence North 39 degrees 03 minutes 21 seconds East a distance of 164.49
] eet; thence South 01 degrees 00 minutes 56 seconds West a distance of 78.86 feet; thence South
,18 degrees 14 minutes 04 seconds East a distance of 143.00 feet; thence South 34 degrees 00
I ninutes 56 seconds West a distance of 100.00 feet; thence North 54 degrees 29 minutes 04
: econds West a distance of 188.00 feet to the point of beginning.
IlXCEPTING THEREFROM: The northwesterly 10.00 feet of the above described easement
, 'acation.
10183
I have reviewed the attached proposed request (Waterfront Passaae Easement
Vacation\ for the following:
1-
I(
II
1
.
"_._------_._-~--------------..~
---I
I
Water
Sewer
Zoninq
Parks
I Assessment
Policy
I Septic System
I Erosion Control
;x
I
I
I
I
City Code
Storm Water
Flood Plain
I Natural Features
I Electric
I Gas
I Other
Grading
Signs
County Road Access
I Legal Issues
I Roads/Access
I Building Code
I
.-----'..---------------- --------.~----,-,----_._-
Recommendation: L Approval
Denial
Comments:
~ \ ", 0'", ..0 ;.",,~ ~ ",..Q fe. _' "'vI._,,-.Q 'S
t.l. - - ) -
Signed:
_ -Jv...o f.,.J..cO~
Conditional Approval
Date:
'-1136102...
Please return any comments by Tuesdav. Mav 7. 2002, to
Jane Kansier, DRC Coordinator
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, MN 55372
Phone: (952) 447-9812
Fax: (952) 447-4245
1:I02fi1esI02vacationsI02-43 waterfrontlreferral.doc
Page 2
vc
PIDt
CITY OF PRIOR LAKE
APPLICATION FOR ,,-n"",,"iL, ALLEY AND UTILITY VACATION
!. licant: (';'!^1 fJ+ Pr"i)" Lc..~
ress: J~-UJIJ ~ rMI L All S+< 1.:!r:iD.". l..b.~:L
e Phone' W:)rk Phone:
P~operty CMner: ui;t lit PM." /A/u..,
lI4dress: It.a.DtJ 'If' v.6J. JL A1i_ $iF. /tA.....m /fA-h ~C39;:1..--
~e Phone: WJrk Phone:
,
,
r.ei9al DeSCriPtio.n of Sij~ ~o be -Vacated.: Pp",* of Laf {, ~d..
i I,,'v:-r:~;/ ~~(r.f!' ~'.:t;,~
. f_ /VtJ1UL Q,.l.,..j
i
~ason for .;~:;~y ~~~iJ:~~~~ ;~ ~
! _~. .J
I
.SiJBMISSION OOlJIREMENl'S: (A) Completed Application ferm. (B) Complete Legal
d!scription & Property Identification NLmber (PIn). (Cl Complete legal
d!scription of vacation site. (D) Petition or letter including the signatures
a1d addresses of all property owners who own land adjacent to the proposed
v~cation site. (E) Certified SUrvey of the proposed vacation site. (F) Filing
F~.
*,Y COMPLETE APPLICATIONS 9lALL BE. REVIEWED BY THE CITY mUN:IL.
T.) the best of Il!i kn<1itQ' t ~tion presented on ;/;;;:: correct.
Appli Si u rlaI;, I
1{ z.1c 'Z---
Da'te '
'lHIS SEX:TION 'ID BE FILLED ClOT BY THE PLANNIN:; DIROCl'OR
<P:TY mUN:IL
qnNDITIONS:
APPROJED
DENIED
HEARIN3 Jll\.TE
Signature of the Planning Director
Date
,
"VfGUID"
PROCEDURAL GUIDE FOR VACATION REQUESTS
Ah application for street, alley or utility vacation is required in cases where an individual
r~quests that the City yield its ownership or control over publicly dedicated land.
S~FP 1 - APPOINTMI=NI: The first step in applying for a vacation is to contact the Planning
. Department and set up an appointment for an advisory meeting to discuss the
proposal. The entire vacation process will take approximately four to six weeks
to complete.
.s~EP 2 - ADVISORY MEETING: In the advisory meeting, staff will outline the process for
1 vacation applications and the specific request. The following items should be
prepared and brought to the advisory meeting:
1. Location of the site.
2. Reasons for requesting the vacation.
3. Map of the site.
4. Determine whether abutting land is abstract or torrens property.
5. The vacation proposal should have been discussed with all
affected property owners to determine whether or not they
support the vacation.
S~EP ~ - rlFr:ISION: Based on the outcome of the advisory meeting, the applicant
: determines whether to submit a formal vacation application.
NlOTE: No application will be accepted unless all required material.s. and information are
c?mplete and accurate. THERE' WII L BE NO EXr:FPTIONS TO THIS POI_Ir:V
S~EP 4 - FORMAl APPUr:ATION: The next step is to obtain an application form from the
! Planning Department.
SiT"EP S - APPIIr.ATION MFFTING: The applicant should contact the Planning Department
I set up an appointment with staff to review the completed application. This
meeting should also be used to clarify any remaining questions the applicant may
have with regard to the review process. In order to facilitate the vacation
procedure, the applicant should determine whether or not they are willing to grant
easements, if necessary, to existing utilities. This decision should be made prior
to the Public Hearing. All affected property owners must support the vacation. In
vacation matters, it is important that affected property wish to go through the
necessary procedures to acquire the property once it has been vacated.
srrEP h - NOTIFIf;ATION: The Planning Department will submit required notification to the
. newspaper for publishing and notify affected property owners of the date and time the
proposal will be heard by the City Council. All utility companies will also be notified.
~629 Dakota 51. 5E, Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
... - -..,.-.. ."...-. ,,, __. ,__.___....~.._ __.... ._.,,~__.._ .___"'_"_~___.__.." ,. ._.".._.._._...u.....__".......________. . ____,___..
STEP 7 - PUBLIC HEARING: The City Council will hold a public hearing to consider proposal.
, The procedure is outlined as follows:
~TEP R - HEARING PR()r.",R~: The process for conducting hearings is similar for all forms of
. applications. The following outline is presented to aid the applicant through the
process.
PUBLIC HEARING - CALL TO ORDER
l!he Mayor will call the specific public hearing to order. At this time, the Mayor will introduce
t 1e applicant and briefly review the vacation public notice. It is the intent to open all hearings at
t 1e predetermined time however, some items may be delayed due to unforeseen
circumstances. The Mayor may delay the start of a hearing until the business at hand is acted
L pon. No public hearing can be opened prior to the predetermined time.
PRESENTATION BY APPLICANT
F'LEASE BE ADVISED THAT ALL APPLICANTS ARE RESPONSIBLE TO MAKE A
FRESENTATION TO THE CITY COUNCIL. THE APPLICANT OR AGENT MUST BE
f!RESENT AT ALL MEETING(S) WHERE THE PROPOSAL IS FORMALLY REVIEWED BY
1HE CITY COUNCIL.
lOPICS FOR PRESENTATION:
1. NAME AND ADDRESS OF APPLICANT AND/OR AGENT
2. DESCRIBE LOCATION OF SUBJECT SITE WITHIN THE CITY
3. DESCRIBE DETAILS OF THE PROPOSAL
4. REASONS AND RATIONAL SUPPORTING THE PROPOSAL
5.
SPECIFY THE ACTION WHICH IS BEING REQUESTED FROM THE
REVIEWING BOARD
i
jHE CITY WILL MAKE AVAILABLE, UPON REQUEST, AN OVERHEAD PROJECTOR,
ASELS AND DRY ERASE BOARD FOR USE BY THE APPLICANT TO REFERENCE THE
ROPOSAL. VISUAL AID REQUESTS SHOULD BE DIRECTED TO THE CITY COUNCIL
ECRETARY, PRIOR TO THE MEETING DATE.
STAFF REPORT
Fjollowing the applicant's presentation, the Mayor will request City Staff to review the application
ard submit recommendations for action.
PUBLIC INPUT
( nce staff comments have been presented, the Mayor will ask if anyone in the audience wishes
t(l comment, for the record, on the proposal. Questions may be directed to the City Councilor
aJplicant regarding the proposal. These questions should only be answered if directed by a
Cjouncilmember. It is the responsibility of the Mayor to enforce the procedure for public input. All
cpmments should be made from the podium, not randomly called out from the audience.
CITY COUNCIL REVIF\i\l
llhe Council will review the proposal, staff recommendation and public comments. Questions
rtjay be directed to the applicant who should respond from the podium. Once the Mayor closes
the public input aspect of the hearing, comments may only be received if directed by a
Councilmember. After discussion, the Council will vote to approve, deny or table the issue.
~n the event the issue is tabled, a specific date and time will be chosen whereby discussion of
jhe item will be continued. This is typically done in instances where additional information is
~eeded in order to formulate a decision.
!
CLOSE HEARING
1.\ vote to close the hearing will be cast following any additional comments of the City Council.
-'STAFF REPORT WILL BE AVAILABLE FOR REVIEW TWO DAYS PRIOR TO THE
HEARING.
828
have the powers se~ forth in Section
-I. Except as otheT' lise provided by
hat there be a sepm ate board of ap-
lanning commissio: I or a cOmmittee
Is and adjustments. and it may pro-
~ given such other ~u[ies as the gov-
,
'e as the board. the ~overning body
.t the decisions of tt e board on mat-
iew or are final sub eer to appeal to
! visory to the coun :il. Hearings by
such tIme and upo 1 such notice to
ng the board. The t oard shail with-
od shall serve a cOJ y of such order
'pe:1r at the hearing in person or by
nposed by the goY< rning body. the
re it. Such rules ma I include provi.
f written briefs by he parties. The
h shall include the minutes of its
er heard by it, inc! Jding the final
loes not act as the t oard of adjust-
, appeal or petitior until the plan-
)y j[ has had reason lble opponuni-
I of adjustments an j appeals upon
1
,
,
WMENT OF CqMPREHEN-
I
19 agency shall pre pare the com-
\lnning agency sha I consult with
and agencies of th ~ municipality
of the comprehem ive municipal
e due cognizance c f the planning
:d public agencies. The planning
mendments whene lef necessary.
es. Each municipal ,ty in the met-
shall review and u ,date its .;om-
rovided in section 173.86-1, sub-
Icnt. The planning agency may,
t with the municip.l charter, ree-
l from time to time of a compre-
)p(ed in sections. e lch of which
icaJ section of the :nunicipaJity.
:ipaJ plan and ame ldments to i(
ting the comprehel :sive munici-
19 agency shall hoi:i at least one
ose of the hearing ;hall be pub.
lOt ten days before lhe day of the
J1prehensive plan ~r an amend-
t has received the ~commenda~
1m the dare an ame ndmen! pro-
:ng a.gency for its r :commenda-
jy may by resolutillfi by a tWI
hensive plan or po 1ion thereo .
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EXHIBIT E
829
HOUSIN"G. REDEVELOPJ\-IENT, PLANNING. ZONING 462..357
as the official municipal plan upon such notice and hearing as may be prescribed bv ordi-
nance. .
Subd. 4. Interim ordinance. If a municipality is conducting studies or has authorized a
sway to be conducted or has held or has scheduled a hearing for the purpose of considerin~
adoption or amendment of a comprehensive plan or official controls as defined in sectio~
~62.352. subdivision. 1.5. o.r if new territo~ for whic~ plans or .c~ntr~1s have nor been adopted
IS annexed to a rnumclpahty, the governIng body at the mumclpahry may adopt an interim
ordinance applicable to all or part of its jurisdiction for the purpose of protecting the planning
process and the health. safe[y and welfare of its citizens. The interim ordinance may reguIate~
restrict or prohibit any use, development, or subdivision within the jurisdiction or a portion
thereof for a period nor to exceed one year from the date it is effective. and mav be extended
for such additional periods as the municipality may deem appropriate. nor ex~eeding a tmal
additional period of IS months. No interim ordinance may halt. delay, or impede a subdivi-
sion which has been given preliminary approval prior to the effective date of the inrerim ordi-
nance.
History: 1965 c 670 s 5: 1976 c 127 s 21: 1977 c 347 s 68; 1980 c 566 s 24; 1983 c
216 art I s 67; 1985 c 62 s 1,2: 1995 c 176 s 4
462.356 PROCEDURE FOR PLAN EFFECTUATION; GENERALLY.
Subdivision 1. Recommendations for plan execution. Upon the recommendation by
the planning agency of the comprehensive municipal plan or sections thereof, the planning
agency shall study and propose to the governing body reasonable and practicable means for
putting the plan or section of the plan into effect. Subject to the limitations of the following
sections, such means include, but are not limited to, zoning regulations, regulations for the
subdivision of land, an official map. a program for coordination of the nonnal public im-
provements and services of the municipality, urban renewal and a capital improvements pro-
gram.
Subd. 2. Compliance with pJan. After a comprehensive municipal plan or section
thereof has been recommended by the planning agency and a copy filed with the governing
body, no publicly owned interest in real property-within the municipality~haJl be acquired or
disposed~of1lnor shall any capital improvement be authorized by the municipality or special
district or agency thereof or any other politicaJ subdivision having jurisdiction within the
municipality until after thel?lW!1jn~,~$W.f.t~~~r~yjF.,!:".gtl17Proposed acquisition: disposal#
or capltullmprovement and reported In wntmg to the governmg body or other specIal dlstnct
or agency or political subdivision concerned. its findings as to compliance of the proposed
acquisition. disposal or improvement with the comprehensive municipal plan. Failure of the
planning agency to report on the proposal within 45 days after sueh a reference. or such other
period as may be designated by the governing body shall be deemed to have satisfied the re-
quirements of this subdi vision. The governing body may, by resolution adopted by two-
thirds VOle dispense with the requirements of this subdivision when in its judgment it finds
that the proposed acquisition or disposal of real property or capital improvement has no rela.
tionship to the comprehensive municipal plan.
History: 1965 c 670 s 6
,
462.357 PROCEDURE FOR PLAN EFFECTUATION; ZONING.
Subdivision 1. Authority for zoning. For the purpose of promoting the public health.
safety, morals. and general welfare, a municipality may by ordinnnce regulate on the earth's
surface, in the air space above the surface, and in subsurface areas. the location. height.
width. bulk. type of foundation. number of stories, size of buildings and other structures. the
percentage of lot which may be occupied. the size of yards and other open spaces. the density
and distribution of population, the uses of buildings and structures for trade, industry, resi-
dence, recreation. public activities, or other purposes. and the uses of land for trade. industry,
residence, recreation. agriculture. forestry. soil conservation, water supply conservation,
conservation of shoreJands. as defined in sections I 03F.20 I to I 03F.221, access to direct sun-
light for solar energy systems as defined in section 2l6C.06, flood control or other purposes.
and may establish standards and procedures regulating such uses. No regulation may prohib-
:eipts exceed the ~sti.
at any time by re, olu-
uncil reduce the sums
~e the transfer of ~ urns
'solution to other pur.
r OF FUNDS.
rating under Opt: onal
,ger and 00 order ;hall
ovided in this see tion.
'ry order shall sp ,cify
1e fund from wh: ch it
:redit of the fund :rom
1 all then outs tal ding
contract requirir g the
:he same is to be ~aid.
lch such contract The
keeping and dis~urse'
from some unfar eseen
. if any calamity (r any
~ making extraorc inary
urer of emergenc' , debt
,t not more than seven
t maturity shalll e lev-
Ion of an issue 0 . such
ved by all the me nbers
designate a lega~news.
in which shall e pub-
to be so publish d and
o the public int~rest to
EXHIBIT F
500
STATIITORY CITIES ~12.861
501
412.851 VACATION OF STREETS.;
The council may by resolution vacate any street, alley, public grounds, public way,
or any pan thereof, on its own motion or on petition ofa majority of the owners ofland
abutting on the street, alley. public grounds. public way, or part thereof to be vacated.
When there has been no petition, the resolution may be adopted on.\y by a vote of four-
fifths of all members of the council. No such vacation shall be made unless it appears
in the interest of the public to do so after a hearing preceded by two weeks' published
and posted notice. The council shall cause written notice of the bearing to be mailed
to each property owner affected by the proposed vacation at least ten days before the
hearing. The notice must contain. at minimum. a copy of the petition or proposed reso-
lution as well as the time. place, and date of the hearing. In addition, if the street, alley.
public grounds, public way, or any part thereof terminates at or abuts upon any pub.
lie water, no vacation shall be made unless written notice of the petition or proposed
resolution is served by certified mail upon the commissioner of nat!.ual resources at
least 30 days before the hearing on the matter. The notice to the commissioner of natu-
ral resources is for notification pUI1loses only and does not create a right of intervention
by the commissioner. After a resolution of vacation is adopted. the clerk shall prepare
a notice of completion of the proceedings which shall cootain the name of the city, an
identification of the vacation. a statement of the time of completion thereof and a
description of the real estate and lands affected thereby. The notice shall be presented
to the county auditor who shall enter the same in the transfer records and note upon
the instrument. over official signature, the words "'entered in the transfer record." The
notice shall then be filed with the county recorder. Any failure to file the notice shall
not invalidate any such vacation proceedings.
History; 1949 c 119 s 102.. 1953 c 735 s.12; 1957 c 383 s 1; 1967 c 289 s 15; 1969
c 9 s 85; 1973 c 123 art 2 s 1 subd 2; 1973 c 494 s 1 I; 1976 c 181 s 2; 1986 c 444; 1989
c 183 s 4; 1990 c 433 s 2
412.861 PROSECUTIONS, VIOLATIONS OF ORDINA1'KES.
Subdivision 1. Complaint. All prosecutions for violation of ordinances shall be
brought in the name of the city upon complaint and warrant as in other criminal cases.
If the accused be arrested without a warrant. a written complaint shall thereafter be
made, to which the accused shall be required to plead. and a warrant shall issue thereon.
The warrant and all other process in such cases shall be directed for service to any police
officer, marshal, process officer, court officer, or constable of any town or city in the
county, to the sheriff of the county, or all of them.
Subd. 2. Fonn and contenlS of complaint. It shall be a sufficient pleading of the ordi-
nances or resolutions of the city to refer to them by section and number or chapter.
They shall have the effect of general laws within the city and need not be given in evi.
dence upon the trial of civil or criminal actions. Judgment shall be given, if for the
plaintiff. forthe amount of fine. penalty, or forfeiture imposed, with costs; and thejudg-
ment shall direct that, in default of payment, the defendant be committed to the county
jail for such time, not exceeding 90 days. as the court shall see fit. The commitment shall
state the amount of judgment, the costs, and the period of commitment. Every person
so committed shall be received by the keeper of the jail and kept, at the expense of the
county, until lawfully discharged. The committing court may release the defendant at
any time upon payment of the fine and costs.
Subd. 3. Appeal to court of appeals. Appeals may be taken to the court of appeals
in the manner prescribed by court rule. On appealing, the defendant shall give bond
to the city. to be approved by the court, conditioned that, if the judgment be affirmed
in whole or in part, the defendant will pay the judgment, and all costs and damages
awarded against the defendant on the appeal. In case of affirmance, execution may issue
against both defendant and the defendant's sureties. Upon perfection of the appeal.
defendant shall be discharged from custody.
History: 1949 c JI9 s 103; 1953 c 735 s 13; 1955 c 867 s 7; 1973 c 34 s 5: 1973 c 123
an 2 s 1 subd 2; 1976 c 2 s 132; 1983 c 359 s 66; 1984 c 387 s 2; 1986 c 444
Memorandum
TO: All Applicants for Land Use Applications
FROM: Jane Kansier, Planning Coordinator
DATE: February 13, 2001
RE: Required Information for Notification Requirements
Several Land Development Applications require published notice as well as mailed notice
to nearby property owners. It is the applicant's responsibility to submit a list of the
names and addresses of the property owners. This list must be prepared and certified by a
certified abstract company.
IN ORDER TO ENSURE PROPER NOTIFICATION, ALL PROPERTY
OWNERS LISTS MUST BE ACCOMPANIED BY A MAP IDENTIFYING THE
SUBJECT SITE AND THE REQUIRED NOTIFICATION RADIUS. THE MAP,
AS WELL AS THE LIST, MUST BE ACCOMPANIED BY A STATEMENT
CERTIFYING THE LIST HAS BEEN PREPARED BY A CERul'u..D
ABSTRACT COMPANY. THE STATEMENT MUST BE SIGNED BY THE
ABSTRACT COMPANY.
Thank you for your attention to this matter. If you have any questions, please contact me
at 447-4230.
l:\handouts\certlist.doc
162110 [ogle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL QPPORTUNlrl EMPLOYER
Jane Kansier
I
Jane Kansier
Tuesday, April 23, 2002 11 :00 AM
Legal Dept. Prior Lake American (E-mail)
Legal Notices
From:
Sent:
To:
Subject:
Please pu )!ish the attached hearing notice in the Prior Lake American on Saturday, April 27, 2002, on Saturday, May 4,
2002, and on Saturday, May 11,2002. If you have any questions, please contact me at 952-447-9812.
Jane Kan, ,ier, Planning Coordinator
City of Pripr Lake
P"bli~'DOC
1
NOTICE OF PUBLIC HEARING TO CONSIDER THE VACATION OF A
DRAINAGE AND UTILITY EASEMENT LOCATED ON PART OF LOT 1, BLOCK
2, WATERFRONT PASSAGE ADDITION
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 on Monday, May 20, 2002, at
7:30 p.m. or as soon thereafter as possible. The purpose of the hearing is to consider
vacating a drainage and utility easement located on the 4.17 acre vacant parcel of land
described as part of Lot 1, Block 2, Waterfront Passage Addition. The easement to be
vacated is legally described as follows:
Legal Description:
That portion of the platted public utility and drainage easement on that part of Lot I, Block
2, WATERFRONT PASSAGE ADDITION, Scott County, Minnesota, described as follows:
Commencing at the southeast comer of Lot 2, Block 2 of said plat; thence South 89 degrees
49 minutes 16 seconds East plat bearing along the south line of said Lot I, Block 2, a
distance of 100.52 feet; thence North 00 degrees 10 minutes 44 seconds East parallel with
the east line of said Lot 2, Block 2, and its northerly extension a distance of 392.56 feet to
the point of beginning of the easement to be vacated; thence continuing North 00 degrees 10
minutes 44 seconds East a distance of 20.04 feet; thence North 39 degrees 03 minutes 21
seconds East a distance of 164.49 feet; thence South 01 degrees 00 minutes 56 seconds West
a distance of 78.86 feet; thence South 48 degrees 14 minutes 04 seconds East a distance of
143.00 feet; thence South 34 degrees 00 minutes 56 seconds West a distance of 100.00 feet;
thence North 54 degrees 29 minutes 04 seconds West a distance of 188.00 feet to the point of
beginning.
EXCEPTING THEREFROM: The northwesterly 10.00 feet of the above
described easement vacation.
If you wish to be heard in reference to this matter, 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 952-447-9810.
Prepared this 23rd day of April, 2002 by:
Jane Kansier, Planning Coordinator
City of Prior Lake
TO BE PUBLISHED IN THE PRIOR LAKE AMERICAN APRIL 27, 2002, MAY 4,
2002 AND MAY 11, 2002.
1:\02files\02vacations\02-43 waterfront\publish notice.doc
162qO Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER