HomeMy WebLinkAbout8C - Erie Avenue Right-of-Way
MEETING DATE:
AGENDA #:
PREPARED BY:
REVIEWED BY:
AGENDA ITEM:
DISCUSSION:
CITY COUNCIL AGENDA REPORT
OCTOBER 19, 1998
8C
JANE KANSIER, PLANNING COORDINATOR
DON RYE, PLANNING DIRECTOR
PUBLIC HEARING TO CONSIDER APPROVAL OF
RESOLUTION 98-XX APPROVING THE VACATION OF A
PORTION OF THE ERIE AVENUE RIGHT-OF-WAY AND
THE ALLEY RIGHT-OF-WAY LOCATED IN BLOCK 4,
PRIOR LAKE ORIGINAL TOWN
Historv: This request includes a petition to vacate a portion of the Erie.
Avenue right-of-way located south of Dakota Street and north of
CSAH 21 and adjacent to Blocks 4 and 5, Prior Lake Original Town.
The petition also includes the vacation of a portion of the 10' wide
alley right-of-way located in Block 4, Prior Lake Original Town. A
location map showing the right-of-way is attached for your
information.
This land is currently used as part of the City Hall and Library parking
lot. The purpose of the vacation is to allow the construction of the new
library/resource center, which includes the reconfiguration of
roadways and parcels in the City Hall area.
The Planning Commission reviewed this vacation request on
September 28, 1998. The Planning Commission adopted Resolution
98-030PC recommending approval of the proposed vacation subject to
the condition that a utility easement be maintained over the existing
10' wide platted alley.
Current Circumstances: Prior Lake Original Town was platted in
approximately 1891. Erie Avenue, originally platted as 3rd Street,
extended for two blocks from its north end to the railroad right-of-way
on the south. Over time, the City purchased most of Block 5 for use as
City Hall, and a portion of Block 4 for use as the public library. When
CSAH 21 was built, there was no opening provided for Erie Avenue.
Currently, Erie Avenue provides access to the dentist's office on the
comer of Erie Avenue and Dakota Street, and to the City Hall parking
lot.
t\98file&\98.xac\98- I 25\98J 25cc.doc Page 1
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
FISCAL IMPACT:
ALTERNATIVES:
RECOMMENDED
MOTION:
REVIEWED BY:
1:\98files\98vac\98-125\98125cc.doc
Minnegasco has commented they have existing gas mains located in
both areas to be vacated. They have, however, designed a plan to
abandon and relocate the gas main in the Erie Avenue right-of-way, so
they have no objection to the vacation of this right-of-way. They are
requesting an easement be maintained over the alley right-of-way for
the protection of the gas lines located within the existing alley. Scott-
Rice Telephone Company also has fiber optic cable located within the
alley right-of-way. They have also requested an easement over the
existing right-of-way. With the retention of an easement, neither of
the utility companies have an objection to this vacation.
The Issues: State Statute 412.851 allows the Council to vacate
easements or right-of-way by resolution. The statute states that "no
such vacation shall be made unless it appears to be in the public
interest to do so".
The existing right-of-way is used for primarily for parking. There is
no need to maintain the right-of-way for traffic use. The existing
utilities in the alley right-of-way can be protected with an easement.
The library construction will not interfere with these utilities.
Conclusion: The proposed vacation is consistent with the
Comprehensive Plan and is in the public interest. On this basis, the
staff recommends approval of the vacation of the right-of-way subject
to the condition a 10' wide utility easement is maintained over the
alley right-of-way.
Bud!!et ImDact: There is no budget impact with the approval ofthis
request.
The City Council has three alternatives:
1. Adopt Resolution 98-XX approving the vacation as requested.
2. Deny Resolution 98-XX.
3. Defer this item and provide staffwith specific direction.
Motion and second to approve Resolution 98-XX approving the
vacation of a portion ofthe Erie Avenue right-of-way and a portion of
the platted alley located in Block 4, Prior Lake Original Town, subject
to the conditions listed therein.
'-
Page 2
~p~.~
~r\E
~NE:;9
RESOLUTION 98-XX
RESOLUTION PROVIDING FOR T.tlJ:4.; VACATION OF A PORTION OF ERIE
AVENUE AND THE 10' WIDE ALLEY PLATTED IN BLOCK 4, PRIOR LAKE
ORIGINAL TOWN
MOTION BY: SECOND BY:
WHEREAS, a petition for the vacation of the Erie Avenue right-of-way and the platted alley
has been duly presented to the City of Prior Lake, signed by a majority of the
owners of the property abutting the following described right-of-way situated
in the City of Prior Lake, Scott County, Minnesota to wit:
LEGAL DESCRIPTION:
That part of Third Street (now called Erie Avenue) as shown on the pat of
PRIOR LAKE, Scott County, Minnesota, lying southerly of a line drawn from
the southeasterly comer of Lot 3, Block 5, of said plat to the southwesterly
comer of Lot 10, Block 4, of said plat.
AND
All that part of the 10.00 foot alley within Block 4, as shown on the plat of
PRIOR LAKE, Scott County, Minnesota, lying southerly of the westerly
extension of the northerly line of the southerly One Half of Lot 5, Block 4, of
said plat.
and
WHEREAS, notice of the hearing on said petition 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, October 19, 1998, at
7:30 p.m. 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 City Council of Prior Lake has determined that the vacation of said right-of-
way and alley would be in the public interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
that pursuant to Minnesota Statues 412.851, the above described road right-of-way and
..l:\98files\98ya\(\98-12ilis9&xXcc.dOl; PA\g<: 1
16200 cagfe Creek A.ve. ~:t., Pnor LaKe, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (61z) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
alley right-of-way situated in the City of Prior Lake, Scott County, Minnesota is hereby
vacated subject to the following conditions:
1. A utility easement be maintained over the existing 10' wide platted alley legally
described as:
All that part of the 10.00 foot alley within Block 4, as shown on the plat of PRIOR
LAKE, Scott County, Minnesota, lying southerly of the westerly extension of the
northerly line of the southerly One Half of Lot 5, Block 4, of said plat.
BE IT FURTHER RESOLVED that this Resolution will be forwarded to the Office of the
County Recorder, Scott County, for appropriate action.
Passed and adopted this 19th day of October, 1998.
YES
NO
I MADER
I KEDROWSKI
I PETERSEN
I SCHENCK
I WUELLNER
MADER
KEDROWSKI
PETERSEN
SCHENCK
WUELLNER
Frank Boyles, City Manager
City of Prior Lake
{Seal}
I: \98files\98vac\98-125\rs98xxcc.doc
Page 2
f":/,'
<..
./
,/
7;
~..) L
L .,. .
-
'-
~ .
,:;;'6
~
B
VILLAGE OF PRIOR LAKE
SOaK 95 -II I
/
I
CITY OF PRIOR LAKE
142q37
7~'EI',5 4 3/',~".,
STFJEET & ALLEY
)4
1_ RIGHT-Of-WAY ~.
TO BE VACATED
(
'''51<. ~:su "S'/o
ST.;
,5 'IS/"7 -:;Sol~"(J'3'7 'i5'i1 ~5'7 "5~: ""'17.
I:> I
:\ :-..:-':J: CJ \-
I . '"
.: Z) 19 iC 17 :':
15" .~
...1,--
'00 L..j'.
~ ," I
I
{r:: PRIOR
l.AKE
~
....--- - ------ -
O. I I I,
. l~.T8 S .
: : 7 , 'S I': .14 ... r 12 I: '( I 0 0 8 7 6 f' ~
'~-.2fO ~ <I~,'!.J"..n' I"AoI.!.... "~n ,~'h. '''..w
I'
.2
F=>L-JL::" AS ..-..:...r--.t-r-
C'1 -.s 17 '1$21 4 fJ't'S
'f!5 "
'fI#,OI ~ 'f~~1 A'f....' ~ '14M 'i4tto7
~ 0:. 'i'f
'3rfl~'.'I""')r,9I'drf7 6
~...,., '1_" 'f71l5 'rIrr
~,/
~
::/1>0
.'
.
'is';
17 \'15
I
:51'14
5~,4 3.,2
: -=.. :~ I :- :' : 9 Ja,1 '3
-.-, '...,.........,. .'-,C'."7'- -,'''--.'
~ f'~: '"
:
-"." ......- .
:'.J, ,
i:
i'
Mlnnegasco.
A N!c~ ENERGY COMPANY
October 1, 1998
Jane Kansier
Planning Coordinator
16200 Eagle Creek Avenue S.E.
Prior Lake, MN. 55372-1714
- - ---.-. -~~_._----.- -- --
_~ ....... "-.0 -_.-~ I I
RE: Street Vacation of Erie Avenue S.E.
And alley in Block 4, Prior Scott
II) ..---
_~ ocr - 5 W3
Il/
Dear Ms. Kansier:
With reference to the proposed street and alley vacation, Minnegasco does have
existing gas mains in both areas to be vacated.
However, Minnegasco has since received plans for the new library and has designed
a natural gas main job number A-4552 to abandon and relocate these gas mains.
As to the vacation of the alley in Block 4, Minnegasco must object to this proposed
vacation unless suitable easement rights are reserved to Minnegasco, pursuant to
MSA 160.29.
Please reserve an easement to Minnegasco, created by and within the
document establishing the street vacation and filed with the Scoot County
Recordersoffico, over all the following area of the proposed alley vacation.
We may consider removing our objection should the petitioner wish to reimburse
Minnegasco the cost of relocating the existing gas main. To discuss this and any
other options that may be available please have the petitioner contact Rick Pilon,
Senior Administration Engineer, at 321-5426.
As to the existing regulator building and the property owned by Minnegasco, please
call Ridge Becher at 321-5441 to discuss the transfer of ownership.
Thank you for the advance notice and please send me a copy of the final action on
this proposal.
Respectfully,
MINNEGASCO
~~Kv'
Steven Von Bargen
Right-of-Way Administrator
Pc: Ridge Becher, Minnegasco
R. J. Pilon, Minnegasco
700 West Linden Avenue
P.O. Box 1165
Minneapolis, MN 55440-1165
, 'I,
~ROM SCOTT-RICE TELEPHONE CO.
PHONE NO.
612 226 3758
Sep. 17 1998 04:49PM P1
I have reviewed the attached proposed request (Erie Avenue Vacation) for the following:
r --
Water City Code Gradin9
I Sewer Storm Water Signs
I Zoninq Flood Plain County Road Access
..
I Parks I Natural Features Le~allssues
I
Assessment Electric Roads/Access
Policy
I Septic System Gas I Buildin9 Code
I Erosion Control X / Other TELE. I -'
Recommendation: Approval Denial ~ Conditional Approval
Comments: . . . .. .'
SC-OTr- R..\c..E.. TE..LE.PI-\O~\:... HP\.~ P\ MA~"OLt:....... ~ ~\.i.:t+
~'ISTE.I"\. ~lT~ SE.VE.R..AL LP\ibS, e.A'e:.U,:~ I'~ IT. 6c'~ TH"i:..L)...
THEA"U..Pt ~l:)u. US \5.H 70. VE\t'..~T5.. .Tl-l'e. ~\b"" Of- ~."Y.
WE. WOu..LD 8. E. I ~ f\'PP~UP.L OF C-t\I\\\3C::.ll\\l::. THE.
Pe.nID~ ~E F\~ LOC.A'\'E..t).; I ~TO flt EJ\:.'E.N\~T I=Dlil. u...,\L\ T\-c~_
.MIN.N.E.C:.P6C..O H~~ A C::.A~ L1~E :S:\.J..S."'t" \A~S\OF Ou..~ .
u... \'\ L\\\~c::.
..~c~nRiC~;9~~5~fmpanY
~" .'. . -: '$~Vfl'IG P_ L.N<E.. Nt.'WuMA"I<!&;
:,.~ ..:. ..<: :;','.> ..,-:: .'e.1:~.r'~=p,;;.~~7'..: .
SAV.-.<ir:. . BURNSV1U..E . l.AKEVII.L.t:
DON F,\AFllAGE
OlmSlOC t'U>oNT ENGINEEr.
OrFlCe ~H 2."""'I7-37S8
Ct:LL 612 919.S8e7
1""", 612.2~6.37$8
PAOEn 612.t)80.8'SZ
VOIC!! MAIL WITH PAGE 1512.22G-36SZ
Signed:
\)~ ~~Q~,,-
Date:
. 8 ~q./7-~~
Please return any comments by Tuesdav. SeDtember 22_ .1998, to
. .Jari~::K~risier.;D.RC .Coordlnator
. ......clt,y..of Prior' Lake . . . .... .
'1'6000 Eagle Creek Avenue SE
Prior Lake, MN 55372
Phone: (612) 447-4230
Fax: (612) 447-4245
':'98fi1es\98vac\98~ 125\referral.doc
Page 2