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Home My WebLink About7B - Envid First Addition Drainage & Utility Easement MEETING DATE: AGENDA #: PREPARED BY: REVIEWED BY: AGENDA ITEM: DISCUSSION: CITY COUNCIL AGENDA REPORT DECEMBER 20, 1999 7B JANE KANSIER, PLANNI DON RYE, PLANNING D /30 COORDINATOR CTOR PUBLIC HEARING T CONSIDER APPROVAL OF RESOLUTION 99- VACATING A PORTION OF THE DRAINAGE AND UTILITY EASEMENT LOCATED ON LOTS 1-2, BLOCK 1, ENIVID FIRST ADDITION History: Lots I and 2, Block I, Enivid First Addition were platted in August, 1990. The plat dedicated a 10' wide drainage and utility easement along the east lot line of Lot 1, and a 10' wide drainage and utility easement along the west lot line of Lot 2. The property owner, Neil Boderman, is requesting the vacation of these easements. The reason for this petition is to allow the post office, the potential future owners of the property, to build a building across the lot line. Current Circumstances: The Planning Commission reviewed this vacation request on November 22, 1999. The Planning Commission recommended approval of the proposed vacation contingent upon the submittal of a development plan and lot combination. The Planning Commission determined there is not a public need for this easement if the lots are combined and developed accordingly. A copy of the draft minutes for the November 22, 1999, Planning Commission meeting is attached to this report. The Issues: Minnesota Statutes 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 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 ofthe Comprehensive Plan. At this time, there are no utilities located within this easement. However, until a specific site development plan is submitted, we cannot determine whether vacation of the easement is in the public interest. Construction of a building over the lot line will require these 1:\99.fi1e$\99.vac\99-D87\990.87cc.,.dpc . PfI$!; 1 162uut.agle Creek Ave. ~.t... Ynor Lake, Mmnesota 55372-1714 / Ph. (612) 447-4230 / Fax \t51~) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ALTERNATIVES: RECOMMENDED MOTION: REVIEWED BY: lots be officially combined through the administrative subdivision process. The combination of the lots, along with the submittal of a specific site plan for the site, will provide the City the information necessary to determine if there is a need for the drainage and utility easement. Conclusion: The Planning Commission recommended approval of the vacation contingent upon the submittal of a development plan and combination of the lots. The staff, however, recommends denial of this vacation. The vacation of this easement at this time is premature. Until a specific development plan is submitted for this site, we have no way to determine whether this vacation is in the public interest. If the easement is vacated, and the lots are eventually sold separately, the City has forfeited the right to use this area for drainage and utility purposes, if necessary. The City Council has three alternatives: 1. Adopt Resolution 99-XX approving the vacation. 2. Direct staff to prepare a resolution denying the vacation as requested. 3. Defer this item and provide staffwith specific direction. The Planning Commission recommends Alternative #l. If the Council concurs with this recommendation, a motion and second to adopt Resolution #99-XX approving the vacation of the easement as requested is required. The staff recommends Alternative #2. If the Council concurs with the staff recommendation, a motion and second directing staff to prepare a resolution denying this vacation is necessary. 1: \99fi1es\99vac\99-087\99087 cc.doc Page 2 RESOLUTION 99 XX RESOLUTION PROVIDING FOR THE VACATION OF A PORTION OF THE DRAINAGE AND UTILITY EASEMENT LOCATED ON LOTS 1 AND 2, BLOCK 1, ENIVID FIRST ADDITION BY: SECOND BY: WHEREAS, a petition for the vacation of a portion of the drainage and utility easement located on Lots 1 and 2, Block 1, Enivid First 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 part of the drainage and utility easement over, under and across the east 10 feet of Lot 1, Block I, ENIVID FIRST ADDITION, according tot he recorded plat thereof, Scott County, Minnesota, that lies northerly of the northerly right- of-way line of vacated Tower Street and which lies southerly of the following described line: Beginning at the northeast comer of said Lot 1; thence South 00 degrees 14 minutes 05 seconds West, along the east line of said Lot 1, a distance of 15 feet; thence South 76 degrees 50 minutes 00 seconds West a distance of 20 feet and there said line terminates. And that part of the drainage and utility easement over, under and across the west 10 feet of Lot 2, said Block 1, lying southerly of the northerly 25 feet of said Lot 2 and lying northerly of said northerly right-of-way line. And over, under and across the south 20 feet of the north 87 feet of the east 15 feet of the west 25 feet of said Lot 2. 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, December 20, 1999, 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 easement would be in the public interest. 16200 E~~rJit:~;?g~aA'3g~~.~~9pggf~~e, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (61~)g4J7-4245 AN EQUAL OPPORTUNITY EMPLOYER NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, that pursuant to Minnesota Statues 412.851, the following described portion of the drainage and utility easement situated on Lots 1 and 2, Block 1, Enivid First Addition, is hereby vacated: Legal Description That part of the drainage and utility easement over, under and across the east 10 feet of Lot 1, Block 1, ENIVID FIRST ADDITION, according tot he recorded plat thereof, Scott County, Minnesota, that lies northerly of the northerly right-of-way line of vacated Tower Street and which lies southerly of the following described line: Beginning at the northeast corner of said Lot 1; thence South 00 degrees 14 minutes 05 seconds West, along the east line of said Lot 1, a distance of 15 feet; thence South 76 degrees 50 minutes 00 seconds West a distance of 20 feet and there said line terminates. And that part of the drainage and utility easement over, under and across the west 10 feet of Lot 2, said Block 1, lying southerly of the northerly 25 feet of said Lot 2 and lying northerly of said northerly right-of-way line. And over, under and across the south 20 feet of the north 87 feet of the east 15 feet of the west 25 feet of said Lot 2. BE IT FURTHER RESOLVED, this vacation is subject to the following condition: 1. An application for a development proposal and lot combination must be submitted to the City for approval prior to recording this resolution. BE IT FURTHER RESOLVED, upon completion of the above condition, this Resolution will be forwarded to the Office of the County Recorder, Scott County, for appropriate action. Passed and adopted this 20th day of December, 1999. YES NO MADER MADER KEDROWSKI KEDROWSKI PETERSEN PETERSEN SCHENCK SCHENCK WUELLNER WUELLNER Frank Boyles, City Manager City of Prior Lake {Seal} 1:\99fi1es\99vac\99-087\rs99xxcc.doc Page 2 Proposed Vacation of Easement Over Common Lot Line NO. 1000 6 TOWER HILL APARTMENT EAST ~ o I 400 800 1200 1600 Feet L N ENIVID ADDITION FIRST ~, ~-: /',':,- . , '.../ (-} :r'" , \ .S' L",/(~ / S U.""".E "8." ~~I !!loCi' .....~: :-;,:;~-~'~ >;,~ '''(II) .._..........IK """1'lun IA""''''.'' --- - - -- ------ -- -. - -. - - -- "',(-''''..~ I .;l.S'.l.4(. ", .~.~ '!I , I '<1.... '~ ~~; ~ --A !..6()\:fJoW Or '\ "..... ! : \:1 ~!" ,1.$;:1\~6m,"Tb BE:. r> · ~ ,'; - . ~'Iu '1A<-Fr~[)' ! . ~-! /) /) t.~'.I{ i ~ "0.' I ,. (:. ,'~,' ,~r ::! 0 i'~ I ~ ~ : e Itl i~: r Z ~~ ~.. :(l~,' /~ i .l~' , 1 S\X~T!f .;~::~rLf~lr~f.:~~r - ----- {.if? .4" ~rili E'-:E i~~ O"a:: ~ m ~ .:1 ~:I ~2:f; ~ ~ ViNE STf?EET Soorth IiM 01 roadwoy.. 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SORENSEN CONSUl TAlUS, CIV1l0IGIN[[A _50..h._...........,I.. _.h"'l....,.o."'!..~ M......-'<.IIl>l ~.l:I. 1lll7)5oI1-1e04 .I.'"lI'lllol1PIrA STRUCTURAL [HeINEn .....ft ';dM. ~...... ." ^...."Or-." .(;&Q....................M~ ~~peolIo.IIH~U2 ~2t~:;,= J.l[CHANIC.I.L EN(;INEU ~r=;~S.S-Ej.J(l t_.WI\'~U'!o :f'2)8JI-I'1lCl c....,_" ['L[CTRlCAL ENGINEER ~~';"~~I"ST(J.lO ~"''''4)!l ~Z~'7 0, ~ ~ .., S1U",r~1I{ ii.fnrliifo ~._--- jlJ a-.TEDS1'lIJ'Q -- . SITE llTlllZATION PI-'N ........ PRIOR L.AKe, MN 5Io/E(fTlTLE: ... >lM Pl'v'lSION~ B fI""-U ~.!!:--_~E~ A1.1 ~...u I ar I rlf,r,\~\M"0~" Planning Commission Minutes November 22,1999 MOTION BY C ER, SECOND BY STAMSON, TO APPROVE RESOLUTION 99-25PC DENY G A 2.7 FOOT VARIANCE TO PERMIT THE LOWEST FLOOR ELEVATION TO E.3 FEET INSTEAD OF THE REQUIRED 3 FEET ABOVE THE ORDINARY HIGH WATER LEVEL. Vote taken indicate ayes by Cramer and Stamson. Nays by VOnh~fa ~ MOTION DEADLO KED. Kuykendall recomme ed staff and other public agencies revisit~ respond to the allegatio s made. Kansier and McDermott expl ""a the Co have the legal responsib ity to grant or deny variances. Th hed Distri information, but has no a thority or responsibility in iss permIts or variances. staff requested informatio from the Watershed Dist . ring. process and re ed what information they had. t may be the Watersh .ct d ot have specific data on this site. Kansier explain d the process. 5. Larry and Joyce ickelson are requesting vacation of a t-of-way for Ridgem t Avenue adjacent to 15543 MOTION BY KUYKENDAL COMMISSIONERS, STAFF AND THE ITEMS RAISED. CO 1999 MEETING. AMENDMEN UPDATED MAP OF THE S KUYKENDALL AND V Applican sub itted a letter dated November 20, I 99, requesting deferral of the matter xt Planning Commission meeting on Dece er 13, 1999. There were no comments from the public. * B. Case File #99-087 Neil Boderman is requesting vacation of a portion of the drainage and utility easement located on Lots 1 - 2, Block 1, Enivid First Addition. 1:\99files\99p1comm\pcmin\mn 112299.doc 9 Planning Commission Minutes November 22,1999 Planning Coordinator Jane Kansier presented the Planning Report dated November 22, 1999, on file in the office of the Planning Department. Lots 1 and 2, Block 1, Enivid First Addition were platted in August, 1990. The plat dedicated a 10' wide drainage and utility easement along the east lot line of Lot 1, and a 10' wide drainage and utility easement along the west lot line of Lot 2. The property owner, Neil Boderman, is requesting the vacation of these easements. The,f~f!~,Q.n for this 42>,". :"xX:'-::1-':t:\-ti':~ petition is to allow the future owners of the property to build a building a.9fOSS the lot line. Comments from the public: The Planning staff recommended denial of this request. The vac this time is premature. Until a specific development plan i City has no way to determine whether this vacation is in+\lJ pu easement is vacated, and the lots are eventually sold s Arifately right to use this area for drainage and utility purpo~J' ces Attorney David Kirkman represented Mr. n in the appli . Kirkman stated there is a purchase agreement between the Mr. Berman located behind the Priordale Mall. Mr. Kirkman went onsal. Kirkman agreed with staff it is premature to vacate ere is a an well underway. Staff is correct. Normally a developer " ,come in a plan and lot combination, site plan ~ . and as part of the devel ment ask for a vacatio f e easement. Due to the unique nature of the applica . Ice has req,/ d the applicant obtain the necessary vacation. After th nts eci~.',!llxi;~t5~'t Office will close on the land and proceed with constructioiin.~5f r. rkffi'Iif'suggested the Commissioners approve the vacation of~~~i%~%l~~,eondmq;g, pon the submission of the plans and lot combination. So if theiBlans'afein~~~~t.~ubmit ever approved, nothing has been lost and the final vac~~i,gilwould not be\~~~~oved. iii' client is willing to submit a letter indicating that pro' ;sal. Kirkman poiri.~~g. out tnere are no utilities in the easement at this time. He then p a petition statiy)'gpe knows it is not legally binding, from over 550 Prior Lake ts in support./.fthe proposed site. he Commissioners if they were not inclined to approve the vacation, an alterp. ive to continue to the next meeting to give the applicant time to submit addition11 information. Ray Lemley, owner and operator of Hollywood Grill, expressed his support for the proposed Post Office location. He felt some Prior Lake residents would like to see the Post Office downtown, however he prefers the proposed location. There is more space for parking and traffic. The new hardware store will generate more traffic in the "uptown" area. Lemley is in full support of the Post Office proposal. Ifit doesn't go behind Priordale, or downtown, where is it going to go? Let's keep it in the area. ] :\99fi1es\99plcomm\pcmin\mn 112299.doc ]0 Planning Commission Minutes November 22, 1999 Gayle Ozmet, Prior Lake Postmaster, said it is critical they (Post Office) get into a new facility as soon as possible and have narrowed it down to this location. They have outgrown the existing facility. They have at least another year and halfto two years to complete the process. Ozmet said the Post Office conditions will be terrible this Christmas. She has looked into adding a trailer in the parking lot. There are no other alternatives but to get into a new facility as soon as possible. They like the location behind the Mall. Ozmet said the Post Office had spent a lot of time and m oward investing and drawing up plans for this property and would hate to see t d. Kuykendall questioned how many vehicles does the Post Office 12. Other workers drive their own vehicles. She also stated the Although, would Comments from the Commissioners: . V onhof: . Concurred. Kuykendall: . . e op itions with the approval. . It sounds like the applicant would consider . The object Cramer: · Supporte pon the conditions outlined by Kansier and approval by the City Attorney m 11;W' g sure the lots are combined and the site plan is submitted. · Put a time limit on. MOTION BY STAMSON, SECOND BY VONHOF, TO APPROVE THE VACATION OF THE EASEMENTS CONTINGENT ON THE STIPULATIONS TO BE DEVELOPED BY STAFF AND THE CITY ATTORNEY. Kuykendall questioned the operation ofthe facility. Ozmet responded semi-trucks come in at 1:30 a.m., 3:00 a.m., and 6:00 a.m. That does not generally get all the mail in. 1:\99fi1es\99plcomm\pcmin\mn 112299.doc 11 Planning Commission Minutes November 22, 1999 Quite often on Mondays or a day after a holiday another semi-truck unloads in the morning. There is a short truck at 3:00 p.m. and a semi-truck at 6:00 p.m. to pick up mail. Kuykendall expressed concerned for noise. The proposed site is adjacent to a residential area. Ozmet said they have not received any complaints at their existing site, but it is a business district. 8. Adjournment: Vonhof mentioned the proposed loading docks are next to the build. screen some of the noise. Vote taken indicated ayes by all. MOTION CARRIED. This item will go before the City Council on Decembe 7. Announcements and Correspondence: Kansier asked the Commissioners let staf 27th meeting. The meeting adjourned at Connie Carlson Recording Secretary 1:\99files\99p1comm\pcmin\mn 112299.doc , 12