HomeMy WebLinkAbout8A - Evanston Ave. Vacation / Schmokel's Addn.
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
CITY COUNCIL AGENDA REPORT
MEETING DATE:
AGENDA #:
PREPARED BY:
AGENDA ITEM:
JUNE 5, 2006
8A
JEFF MATZKE, PLANNER
CONSIDER APPROVAL OF A RESOLUTION VACATING A PORTION OF
EVANSTON AVENUE (FORMER FIFTH STREET) RIGHT OF WAY AND AN
ALLEY IN SCHMOKEL' S ADDITION
DISCUSSION:
Introduction
The purpose of this agenda item is to conduct a public hearing on the vacation
of a portion of the Evanston Avenue (Former Fifth Street) right-ot-way and an
alley located in SCHMOKEL'S ADDITION TO PRIOR LAKE.
History
John Bizal, owner of Midwest Military is requesting the vacation of these
fragments of right-of-way located south of his business at 16075 Highway 13
South. The right-of-way areas were dedicated to the city as part of
SCHMOKEL'S ADDITION TO PRIOR LAKE in the year 1914. Both areas of
land no longer have vehicular access to them due to the engineered curb and
gutter that has been placed along Evanston Avenue, Oak Street, and St. Paul
Avenue. The proposed vacation of Fifth Street right of way is a rectangular
area 66 feet wide and 145 feet long (9,570 square feet). The proposed alley
vacation is an area 10 feet wide and 260 feet long (2,600 square feet). If the
vacation were approved the Fifth Street right of way would become part of Lot
1 & 2 ot SCHMOKEL'S ADDITION. The vacated 10 foot alley would be added
to each of the southerly adjacent properties. No utilities currently run across
these public areas.
Current Circumstances
The Planning Commission considered this request on May 22, 2006. The
Planning Commission recommended approval of the proposed vacations.
ISSUES:
One of the goals of the Comprehensive Plan is to "plan for access to and
movement of people, goods and services." Policies to meet this goal include
"classify and design city streets and highways to serve specific functions in
accordance with sound traffic engineering principles." Chapter 4 of the
Comprehensive Plan also notes local streets primarily serve residential areas.
"These streets are for access to adjacent property and designed as low speed,
low capacity facilities. "
In the case of these public right-of-ways no longer serve as streets or access
lands to other properties. They have not been used as transportation nodes
for many years. The areas have been blocked from public use by engineered
curb and gutter along residential streets in the area.
FINANCIAL
IMPACT:
If the vacation is approved, it will allow for additional development area of the
lot, which will contribute to the City's tax base.
www.cityofpriorlake.com
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ALTERNATIVES:
1. Adopt a Resolution approving the vacation.
2. Direct staff to prepare a resolution denying the vacation.
3. Continue this item to the June 26, 2006, City Council meeting.
RECOMMENDED
MOTION:
A motion and second to approve the resolution vacating these areas of right-
of-way. Approval of the resolution vacating this easement requires 4/5 vote of
all of the members of the City Council.
Motion By:
Second By:
WHEREAS, A petition has been duly presented to the City of Prior Lake for the vacation of two
areas of public right-of-way located north of Oak Street, southeast of MN TH 13 and
west of Saint Paul Avenue legally described as follows:
That certain part of Evanston Avenue, formally Fifth Street in the plat of
SCHMOKEL'S ADDITION TO PRIOR LAKE, Scott County, Minnesota, which lies
southerly of the westerly extension of the northerly line of Lot 1, Block 1 of said plat,
and northerly of the westerly extension of the southerly line of said Lot 1.
And
That certain 10.00 foot alley created in the plat of SCHMOKEL'S ADDITION TO
PRIOR LAKE, Scott County, Minnesota, lying adjacent to the north line of Block 1,
of said plat.
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, June 5, 2006, in the Council
Chambers at the Prior Lake Fire Station #1; and
WHEREAS, The City Council then proceeded to hear all persons interested in said petition and
persons interested afforded the opportunity to present their views and objections to the
granting of said petition; and
WHEREAS, The public right-of-way access has been blocked by engineered curb and gutter along
the adjacent residential streets tor many years.
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.
3. Pursuant to Minnesota Statues 412.851, the tollowing described public right-of-way is hereby
vacated:
Legal Description (Public Right-of-way):
That certain part of Evanston Avenue, formally Fifth Street in the plat of SCHMOKEL'S ADDITION
TO PRIOR LAKE, Scott County, Minnesota, which lies southerly ot the westerly extension of the
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northerly line of Lot 1, Block 1 of said plat, and northerly ofthe westerly extension of the southerly
line of said Lot 1.
And
That certain 10.00 foot alley created in the plat of SCHMOKEL'S ADDITION TO PRIOR LAKE,
Scott County, Minnesota, lying adjacent to the north line of Block 1, of said plat.
PASSED AND ADOPTED THIS 5th DAY OF JUNE, 2006.
YES
NO
Haugen Haugen
Dornbush Dornbush
Erickson Erickson
LeMair LeMair
Millar Millar
Frank Boyles, City Manager
VACATION OF RIGHT OF WAY
FORMER FIFTH STREET AND ALLEY
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RVEV PREPARED FOR:
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183 NORTHWOOD ROAD
'OR LAKE. MN. 55372
Val ley Surveying Co., F! A .
SUITE I2O-C. FRANKLIN TRAIL CFF1CE CONDOMINIUM
16670 FRANKUN TRAIL $.E.
PRIOR LAKE. MINNESOTA 55372
TELEPHONE (6121447-2570
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