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Home My WebLink About7A Jeffers Pond Elementary 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: FEBRUARY 20, 2018 AGENDA #: 7A PREPARED BY: PRESENTED BY: JEFF MATZKE, PLANNER JEFF MATZKE AGENDA ITEM: PUBLIC HEARING TO CONSIDER APPROVAL OF A RESOLUTION VACATING A PORTION OF A DRAINAGE AND UTILITY EASEMENT LOCATED WITIHIN THE JEFFERS POND 1ST ADDITION PLAT DISCUSSION: Introduction School District 719, has requested the vacation of a portion of a drainage and utility easement located west of CSAH 21, directly north of Jeffers Pass, at 14800 Jeffers Pass NE (Jeffers Pond Elementary School). History On January 16, 2018 the City Council approved a minor amendment to the Jeffers Pond Planned Unit Development (PUD) and accompanying encroachment agreement to allow an addition to the Jeffers Pond Elementary School. Current Circumstances The school district is requesting the vacation of a portion of the 10-foot perimeter easement at the rear of the school building. This would allow the area to be utilized for the planned expansion of the Jeffers Pond Elementary School building. The recently approved encroachment agreement allows for the rerouting of drainage and utilities through the adjacent park property along the border of the school property. 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 412.851 allows the Council to vacate 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.” Conclusion The easement is no longer necessary since the City has allowed the drainage and utilities to flow onto the adjacent park property under the encroachment agreement with the School District (approved by the City Council on January 16, 2018). City Staff recommends approval of the easement vacation request. ISSUES: FINANCIAL IMPACT: Minnesota State Statutes 462.358 govern the vacation of publicly owned utility easements in statutory cities. The city’s decision to grant or deny a vacation is legislative in character. Therefore, the City Council must make a decision that the proposed vacation is “in the interest of the public”. If the City concludes that this portion of the public right-of-way is no longer needed for a public reason, then vacating it can be deemed to be in the interest of the public. Approval of the requested vacation should not have any negative financial impacts on the City. ALTERNATIVES: 1. Motion and a second to approve a resolution approving the vacation of a portion of a drainage and utility easement on Lot 1, Block 13, Jeffers Pond 1st Addition. 2. Deny approval based on findings to support denial. 3. Table this item to a certain date in the future. RECOMMENDED MOTION: Alternative #1. EXHIBITS: 1. General Location Map 2. Illustrative Sketch of Easement Area 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 18-___ RESOLUTION PROVIDING FOR THE VACATION OF A PORTION OF A DRAINAGE & UTILITY EASEMENT LOCATED WITHIN JEFFERS POND 1ST ADDITION Motion By: Second By: WHEREAS, WHEREAS, Prior Lake Savage School District 719 (‘Applicant’) has submitted a petition for the vacation of a portion of a drainage and utility easement located along the western property line at 14800 Jeffers Pass NE (Jeffers Pond Elementary School); and The petition has been duly presented to the City of Prior Lake, signed by the owner of the property situated in the City of Prior Lake, Scott County, Minnesota to wit: Legal Description (Vacated Drainage & Utility Easement Area): An easement for drainage and utility purposes 10 feet in width lying over and beginning at a point, South 72.55 degrees west and continuing a length of 100.00 feet bearing South 17.04 degrees East of Lot 1, Block 13, Jeffers Pond 1st Addition according to the recorded plat thereof Scott County, Minnesota; and 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 Tuesday, February 20, 2018, in the Council Chambers at Prior Lake 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, An encroachment agreement was approved by the City Council on January 16, 2018 to ensure proper drainage and utility service in the area. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. The City Council of Prior Lake has determined that the vacation of said public easement would be in the public interest. 3. The approval resolution vacating the drainage and utility easement shall be recorded by the Applicant. 4. Pursuant to Minnesota Statues 462.358, the following described public easement is hereby vacated: Legal Description (Vacated Drainage & Utility Easement Area): An easement for drainage and utility purposes 10 feet in width lying over and beginning at a point, South 72.55 degrees west and continuing a length of 100.00 feet bearing South 17.04 2 degrees East of Lot 1, Block 13, Jeffers Pond 1st Addition according to the recorded plat thereof Scott County, Minnesota; and Passed and adopted by the Prior Lake City Council this 20th day of February 2018. VOTE Briggs McGuire Thompson Braid Burkart Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ ______________________________ Frank Boyles, City Manager LOCATION MAP SITE PLAN NEW ADDITION Easement Vacation Easement Vacation