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HomeMy WebLinkAbout6A_ 16298 Main Avenue Easement Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com 4646 Dakota Street SE Prior Lake, MN 55372 PLANNING COMMISSION AGENDA REPORT MEETING DATE: April 11, 2022 AGENDA #: 6A PREPARED BY: Casey McCabe, Community Development Director PRESENTED BY: Casey McCabe AGENDA ITEM: Consider a Proposed Easement for Roadway, Drainage, and Utility Purposes related to its Consistency with the City Comprehensive Plan DISCUSSION: Introduction The purpose of this agenda item is to consider if a proposed dedication of a roadway, drainage, and utility easement on Economic Development Authority (EDA) owned property at 16298 Main Avenue SE complies with the City Comprehensive Plan. Current Circumstances The City of Prior Lake is undertaking a downtown south reconstruction project in 2022. The project includes reconstruction of Colorado Street from Duluth Avenue to Main Avenue; reconstruction of Pleasant Street from Duluth Avenue to Highway 13; and reconstruction of Main Avenue from Pleasant Street to CSAH 21. As part of the project, the width of Colorado Street will be increased near the Main Avenue intersection, which will impact the EDA-owned property at 16298 Main Avenue. Section 111 of Prior Lake City Code addresses disposal of City property and establishes a process whereby the City may dispose of real or personal property; Dispose is defined in City Code as, “To sell, alienate, to furnish with, bargain away or otherwise convey or transfer ownership…” Subsection 111.301 of Prior Lake City Code states, no interest in real property shall be disposed of by the City until after the Planning Commission has reviewed the proposed disposal and reported in writing to the City Council its findings as to compliance of the proposed disposal with the Comprehensive Plan. Although the EDA is not considering the sale of this property, the granting of an easement would convey use of a portion of this parcel to the City for easement purposes. Prior to requesting the EDA act upon the request to grant an easement, city staff would like the planning commission to review this proposed easement dedication and find in writing that dedication of the easement by the EDA complies with the Comprehensive Plan. Conclusion The attached draft easement document identifies an area for a permanent easement on EDA-owned property. Staff has reviewed the proposed disposal and feels, based on the following, a dedication of the proposed easement complies with the Comprehensive Plan. ➢ Maintaining and promoting safe, sound, and connected land use is a goal of the Comprehensive Plan. ➢ The Transportation Chapter of the Comprehensive Plan identifies the following goals; to provide for access to and movement of people, goods, and services; promote safe pathways for pedestrians and bicyclists; and prioritize maintenance for roadways based on surface conditions and other indicators of deterioration. ➢ The property at 16298 Main Avenue SE is not identified in the Comprehensive Plan for any public purpose. While the approval of a specific easement agreement is the decision of the EDA in this case, the Planning Commission should consider the easement request and adopt findings related to the granting of an easement being in conformance with the City Comprehensive Plan. ISSUES: The planning commission is not being asked to approve the easement, only its relationship to the comprehensive plan. ALTERNATIVES: 1. Motion and second approving the attached resolution finding the dedication of a roadway, drainage, and utility easement on EDA-owned property at 16298 Main Avenue SE is within conformance of the City Comprehensive Plan. 2. If the Planning Commission feels the granting of an easement may conflict with the City Comprehensive Plan, the Planning Commission should provide direction to staff and continue discussion at a future meeting. RECOMMENDED MOTION: ATTACHMENT: Alternative No. 1 1. Location Map 2. Proposed Easement Area 1 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 22-___PC A RESOLUTION FINDING THE DEDICATION OF A ROADWAY, DRAINAGE, AND UTILITY EASEMENT ON EDA- OWNED PROPERTY AT 16298 MAIN AVENUE SE IS WITHIN CONFORMANCE OF THE CITY COMPREHENSIVE PLAN Motion By: Second By: WHEREAS, The City of Prior Lake is undertaking a downtown south reconstruction project in 2022; and WHEREAS, The project includes reconstruction of Colorado Street from Duluth Avenue to Main Avenue; reconstruction of Pleasant Street from Duluth Avenue to Highway 13; and reconstruction of Main Avenue from Pleasant Street to CSAH 21; and WHEREAS, As part of the project, the width of Colorado Street will be increased near the Main Avenue intersection, which will impact a property owned by the City of Prior Lake Economic Development Authority (EDA) at 16298 Main Avenue; and WHEREAS, The EDA is considering the dedication of a roadway, drainage, and utility easement to facilitate the reconstruction project; and WHEREAS, Minn. Stat. § 462.356, subd. 2 requires that the Planning Commission review the disposal of any publicly owned interest in real property within the City, or the City Council may, by resolution adopted by two-thirds vote, dispense with the requirements of this subsection when in its judgment it finds that the proposed disposal of real property has no relationship to the Comprehensive Plan; and WHEREAS, On April 11, 2022, the Prior Lake Planning Commission considered the proposed dedication of a roadway, drainage, and utility easement as to compliance of the of the proposed easement dedication with the Comprehensive Municipal Plan; and WHEREAS, The Planning Commission found granting of the easement is within conformance of the City’s Comprehensive Municipal Plan. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE PLANNING COMMISSION OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. Dedication of a roadway, drainage, and utility easement at 16298 Main Avenue SE is within conformance of the City’s Comprehensive Municipal Plan. 3. This finding shall be provided to the EDA in writing for their consideration of a potential easement dedication. PASSED AND ADOPTED THIS 11TH DAY OF APRIL 2022. David Tieman, Commission Chair ATTEST: Casey McCabe, Community Development Director VOTE Tieman Tschetter Fleming Kallberg Ringstad Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ General Location Map 16298 Main Avenue SE COLORADO ST. SEMAIN A V E . S E 11 11OWNER: ECON DEVOPMENTAUTHORITY FOR PRIOR LAKE16298 MAIN AVE SEPID: 25001108012224 NICOLLET AVENUEBURNSVILLE, MINNESOTA 55337(952) 890-0509RSCALE IN FEET040H:\PLAK\T18120665\CAD\C3D\120665_V_ESMT_16298 Main Ave.dwg 2/3/2022 12:49 PM©Bolton & Menk, Inc. 2022, All Rights ReservedDRAWN BY:FIELD BOOK:JOB NUMBER:FOR:R EASEMENT EXHIBIT16298 MAIN AVE SE PRIOR LAKE, MN 55372LOTS 1 & 2, & VACATED ALLEY, BLOCK 15ADJUDICATED & REVISED PLAT OF LOTS 1-16,BLOCK 13, AND LOTS 1-13, BLOCK 15 OF THEVILLAGE OF PRIOR LAKE, SCOTT CO., MINN.CITY OF PRIOR LAKEH:\PLAK\T18120665\CAD\C3D\SDB_120665_SCCOT18.120665MEAPROPOSED PERPETUAL ROADWAY,DRAINAGE, & UTILITY EASEMENT(AREA: 1,050 SQ. FT.)S2-T114-R22-13FILE NO. 5390PROPOSED EASEMENT DESCRIPTIONA perpetual easement for roadway, drainage and utility purposes over, under andacross the northerly 11.00 feet of Lots 1 and 2, Block 15, and the easterly half ofthe vacated Alley lying between Lot 3 and said Lot 2, said Block 15, accruing to saidLot 2 by reason of vacation, all in ADJUDICATED AND REVISED PLAT OF LOTS ONE(1) THROUGH SIXTEEN (16), BLOCK THIRTEEN (13), AND LOTS ONE (1) THROUGHTHIRTEEN (13), BLOCK FIFTEEN (15) OF THE VILLAGE OF PRIOR LAKE, SCOTTCOUNTY, MINNESOTA, according to the recorded plat thereof, said Scott County,Minnesota._______________________________Eric R. WilfahrtLicense Number 46166SURVEYOR'S CERTIFICATIONI hereby certify that this survey, plan, or report was preparedby me or under my direct supervision and that I am a dulyLicensed Land Surveyor under the laws of the State ofMinnesota.__________ Date2/3/2022