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Home My WebLink About7A St.Paul Ave Vacation 4646 Dakota Street S.E. Prior Lake, MN 55372-1714 PLANNING REPORT PRESENTER: PUBLIC HEARING: DATE: 7A REVIEW REQUEST TO VACATE THE PLATTED ROAD RIGHT-OF-WAY FOR ST. PAUL AVENUE ADJACENT TO 16280 ST. PAUL AVENUE SE AND 5061 MINNESOTA STREET SE JANE KANSIER, PLANNING DIRECTOR _YES X NO-N/A SEPTEMBER 24, 2007 AGENDA ITEM: SUBJECT: INTRODUCTION ISO 719 owns the property located at 5061 Minnesota Street SE (Grainwood School); James and Michelle Sinkula own the property at 16280 St. Paul Avenue; Jeffrey Thune owns the property at 5086 Credit River Road. All of these properties are adjacent to the platted right-of-way for St. Paul Avenue (platted as Prior Avenue), located on the north side of Credit River Road and south of Minnesota Street. In 2006, ISO 719 constructed an addition to Grainwood Elementary School. The property boundaries were surveyed at that time, and as a result, several encroachments were identified. In order to clean up the property boundaries in the area, ISO 719 and James and Michelle Sinkula have filed a petition to vacate the platted right-of-way adjacent to their property. Because the Thune property is not a part of the original plat (Costello's Addition), all the vacated right-of-way will revert to the School District and the Sinkula's. As part of this process, the School District will convey some property to the Sinkula's and the Bounds. This portion of St. Paul Avenue is not improved. The Sinkula's have the only residence accessing the right-of-way. They have a driveway across the right-of- way to the existing house. There are also telephone and gas lines located within the right-of-way. As required by State Statute 462.356 Subd.2, the Planning Commission is required to make a recommendation to the City Council regarding 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 easement or 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". 1:\07 files\07 vacations\grainwood\pc report.doc www.cityofpriorlake.com Phone 952.447.9800 / Fax 952.447.4245 DISCUSSION The Planning Commission must make two determinations. Does the vacation of the existing right-of-way comply with the Comprehensive Plan and is there a public need or anticipated future need for the dedicated property? Comprehensive Plan Review 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." The public right of way areas in this case no longer serve as streets or access lands to other properties. Public Need This portion of St. Paul Avenue right-of-way has not functioned as a public right- of-way in many years. It now serves as a private driveway. Therefore, it need not be retained as a public right-of-way. However, there is a need to maintain drainage and utility easements across the property for the existing utilities. RECOMMENDATION There is no need to retain this part of St. Paul Avenue as public right-of-way; there is a need to maintain drainage and utility easements on the property. The staff recommends approval of this request subject to the following conditions: 1. A drainage and utility easement must be provided over the existing right- of-way prior to recording the vacation resolution. 2. The address for the property at 16280 St. Paul Avenue must be changed to a Credit River Road address. ALTERNATIVES: 1. Recommend the City Council approve the proposed vacation as presented or with changes recommended by the Commission. 2. Continue the discussion to a date and time certain to allow the staff to provide additional information specifically requested by the Planning Commission. 3. Based upon expressed findings of fact, recommend the City Council deny part or all of the applications based upon inconsistency of the proposal with specific regulations of the Zoning and Subdivision Ordinances and/or specific policies of the Comprehensive Plan. 2 1:\07 files\07 vacations\grainwood\pc report.doc RECOMMENDATION: The staff recommends Alternative #1. ACTION REQUIRED: Motion and second to recommend the City Council approve the vacation ot the right-ot-way, subject to the listed conditions. 3 1:\07 files\07 vacations\grainwood\pc report.doc LOCATION MAP -~, I ! ,-------- i I i I I \ I \ i I i i L N Eric J. Quiring ejq@ratwiklaw.com August 23, 2007 Ratwik, Roszak & Maloney, P.A. r:-=:-'-~-~. i.r~ \) r i; n ~. 1 r~~ rc'\ I II ~~ L_J !J_ L~ III !i IU[J AUG 2 4 2007 l! !i I L/! ~ y -----=====---==----==1 Ms. Jane Kansier Planning Director City of Prior Lake 17073 Adelmann Street S.E. Prior Lake, t\.1N 55372 RE: Vacation Petitionfor Grainwood Elementary Our File No. 0719-0053 Dear Ms. Kansier: Our office represents Independent School District No. 719, Prior Lake-Savage Area Schools. As you know, in the course of planning improvements at Grainwood Elementary School, located at 5061 Minnesota Street, it was discovered that the property boundaries in the area do not line up with the right-of-way. The District actually owns some of the property that the "street" (Prior Avenue) is built upon, as well as some of the property on the other side of the "street," which was assumed to be part of the neighboring landowners' yards. In order to remedy this inconsistency, the School District and two neighboring landowners, the Sinkulas and Bounds, have agreed to conveyances of the parcels of property by the District. In order for the boundary line issues to be clarified and remedied, it is necessary for the City to vacate the portion of Prior Avenue located between the School District and Sinkula properties. As you suggested, we have worked with the County Auditor's office to ensure that the County approves of the proposed conveyances of property. Because the County has no objection to the property conveyances, the School District and Sinkulas would like to move forward with the application to vacate a portion of Prior Avenue. Without the vacation of the right-of-way, the property conveyances cannot be accomplished to remedy the boundary line inconsistencies in the area. 730 Second Avenue South. Suite 300. Minneapolis. MN 55402 . p (612) 339-0060 . f (612) 339-0038 . www.ratwik1aw.com Paul C. Ratwik John M. Roszak Patricia A. Maloney* Terrence 1. Foy* Stephen G. Andcrsen** Scott T. Anderson Kevin J. Rupp Jay T. Squircs*t Ann R. Goering Nancy E. Blumstein* Joseph J. Langel Michael J. Waldspurgcr* Margarct A. Skelton Amy E. Mace Isaac KaufInan Eric J. Quiring Kimbcrley K. Sobieck Sonya J. Guggemos Nicole L. Tuescher Jennifer J. Kruckebcrg Julia H. Halbach Erin E. Ischc * Also admitted in WI ** Civil Trial Specialist Certified by the MN Statc Bar Association t Real Property Specialist Certilied by the MN State Bar Association Ms. Jane Kansier August 23, 2007 Page 2 As background, if the right-of-way is vacated, the District intends to convey a parcel of property to the west of Prior Avenue to the Sinkulas in exchange for a small strip of property and an access easement. The District would also convey a parcel of property west of Prior A venue to the Bounds. All three parties are in agreement on this matter. On behalf of Independent School District No. 719, I am enclosing a completed application form for the City's consideration of the vacation of the portion of Prior Avenue. Also enclosed as part of the application, please find the following: 1.) Legal description of the School District; 2.) Legal description of the proposed vacation site; 3.) A letter fiCm the Sinkulas' attorney, Jason Vohnoutka, regarding the Sinkulas' support of the application; 4.) Certified survey of the proposed vacation site; and 5.) Filing fee in the amount of$200. If the City requires any additional information regarding this application, please do not hesitate to contact me. It is my hope that this matter may be processed by the City without the necessity of incurring additional costs for the School District and neighboring property owners. Thank you in advance for your assistance with this matter. Very truly yours, ~9'~ Eric J. Quiring Enclosures cc: Mr. Jason Vohnoutka, Vohnoutka & Associates, Ltd. Dr. Thomas Westerhaus, Independent School District No. 719 - Prior Lake RRM: #108957 LAW OFFICES VOHNOUTKA & ASSOCIATES, Ltd. ATTORNEYS AT LAW JASON R VOH)\.OUTKA jasoni(7la\\, ~rsotininnesota.com UH CALHOUN PROFESSIONAL BUILDING 3109 HENNEPIN AVENUE SOUTH MINNEAPOLIS. MN 55408 PHONE (612) 827-6628 FAX (612) 827-3564 AFTER HOURS (612) 725-8896 August 20, 2007 Ms. Jane Kansier Planning Director City of Prior Lake 17073 Adelmann Street S.E. Prior Lake, NfN 55372 Re: Grainwood Elementary Project My Clients: James and Michelle Sinkula Dear Ms. Kansier: The undersigned represents James and Michelle Sinkula who own the residence at l6280 St. Paul Avenue S.E., Prior Lake, which is adjoining property to Grainwood Elementary School, to the west of Prior A venue. As you know a complete survey was done in connection with a proposed addition to the school, which rewaled property lines that came as a surprise to everyone. We have been working with counsel for the District, Eric. J. Quiring, Ratwik, Roszak & Maloney. P.A.; and, after much discussion it was proposed that the City vacate part of Prior A venue and the property be com-eyed proportionately to the abutting property owners. This letter is to advise that the Sinkulas support this proposal and join in the application for vacation. 1 hank you. If you have any questions please teel free to telephone me. Very truly yours, ~~~HN. OUTK; & A 5//.. IATES. Ltd. <:::: j?~ ? ~4~ ason R. V ohnoutka Attorney at Law cc: James & Michelle Sinkula Eric 1. Quiring, Esq. - \:::1'- -- j~ . !-' :t-~~~~S~~\>~ \{\"" "" "" "" ~ $OVTH LII€ OF tJAJ(OTA STREET ~ .. r.( 2 0 s~ ~ '!:!~ -" c, -" A nn/-r, ,..-,1.//./111 Tn IV' '~7 ..... S~ --~~--- --- ~~ ~f: I :ii~ ~~ ... I X '.' :jof .----------------- C)~;I/'*'tC) , I\/VI\ I A I" Coo L./"1r \ _ ,\.. SE CORNER' AL NE COR 'J rJ '~ c) -" / ( Net y tlliE OF CRfJJIT RIVER RO.4D s... '" 2905-Jl~-A SIIO/?:O r.1I4. A.". S.I 200~II~AO()l.4.9 Eta j{ U lD ..... o CO " J:. '" E W .J <( (.) l/l Of SCRIPTION FOR PRIOR AVENUE V,A.~ That port of Prior Avenue os dedicated in COSTEllO'S ADDITION TO PRIOR LAKE MINN.. Scott County, Minnesola. lying north of the northeoslerly line of Credit River Road S.E. end south of 0 line 150,00 feet south of the south line of vocated Dokoto Street. PRIOR A VENUE TO BE VACA TED 14.597 SO. f'T. OR 0..14 ACRES We hereby certify thet lhis sketch. plen or report was prepared by me or under my instruction and that I om o duly licensed Lond Surveyor under the lows of the State of Minnesota. Doted this 27th doy of September. 2006 SUNDE LAND SURVEYING, llC. BY---------------------------------- Mork S. Henson, P,L.S. Minn, Lie. No. 15480 ( R~v/slon I By 1 Do//: ) Drawing Till/:: VACA TlON SKETCH FOR: A PORnoN OF PRIOR A VENUE PRIOR LAKE, MN Sunde Doto: 09/27/2006 ProjeCt: 2()()!,-115-A D<'Dwi",l' 30051/5AOOI.dwl} La.nd Sut""ey;ng, L1.C. !lOOI ~l Bloom"'~tGO fre....ay (35Wl . Suite liB Bloom1n91On, 101",0"",10 ~2o-J435 !lu~n"<: 952-001-2455' ~A)(:. 952-888-952& Shee/: 10t 1 SEP-05-2007 15:24 CI1'/ OF PRIOR LAf<E r1Alm P.01/01 I have reviewed the attached proposed request !Grainwood Elementary VacatIon - #EP07.1~81 for the following: Water City Code Grading Sewer Storm Water Signs ZoninQ Flood Plain County Road Access Parks Natural Features LeQallssues Assessment Electric Roads/Access Policy Seotic System Gas BuildinQ Code Erosion Control X Other Tl:.L'f...- Recommendation: _ Approval Denial X Conditional Approval Comments: E:kIST\~C:. TNlEbR.flI: Ff'locll\T\f:~ tA1LL NEEh PI- lAi"L"'" EASE.. M cN--r, (Jegra TELECOM Don Barlage a.s.p. Engineering lI. Design Manager Dir(!C:l~ 952-226-7064 Mobile: 612.919-5887 don. ba rl<i 9 e~it'ltt!gratl!ll!Com. corn 4690 Cororado St. S E. Prior I.ake. Minnesota 55371 F:llI:: 9Sl./.2ti.j7S8 www.1nttgratel@com.com Sign.d:~:-~~ ~ () Date: q-S-07 Please return any comments by Thursday. September 13, 2001, to Jane Kansier, Planning Director City of Prior Lake 4646 Dal<:ota Street Prior Lake, MN 55372 Phone: (952)447-9812 Fa~ (952)440-9678 e-mail: jkansier@cityofpriorlake.com 1:\07 files\07 vacations\grainwood\referral.doc Page 2 TOTAL P.Ol I have reviewed the attached proposed request (Grainwood Elementary Vacation - #EP07-138) for the following: Water City Code Grading Sewer Storm Water Skms Zoning Flood Plain County Road Access Parks Natural Features Legal Issues Assessment Electric Roads! Access Policy Seotic Svstem Gas Building Code Erosion Control Other Recommendation: _ Approval ~ Denial Comments: Vt\c', ~:" 0..- _ Conditional Approval { (p 7.. 1"0 --:J ov leA .54.. fc-vl e ,.Iv--. ~ n.:i-- ~ It- \J-4.. l-.J <e....- C~Cc e~~ ---I--IC) Signed: ;fR- Date: 9/ "f / (J7 Please return any comments by Thursdav. September 13.2007, to Jane Kansier, Planning Director City of Prior Lake 4646 Dakota Street Prior Lake, MN 55372 Phone: (952)447-9812 Fax: (952) 440-9678 e-mail: jkansier@cityofpriorlake.com 1:\07 files\07 vacations\grainwood\referral.doc Page 2 I have reviewed the attached proposed request CGrainwood Elementary Vacation - #EP07-138) for the following: Water City Code Gradino Sewer Storm Water Sions Zoninq Flood Plain County Road Access Parks Natural Features Leaal Issues Assessment Electric Roads! Access Policy Septic System Gas Buildino Code Erosion Control Other Recommendation: _ Approval .$- Denial _ Conditional Approval Comments: .> t>f>-Jf;; : e.Eic.~e ot: S''"<-<.."?-n.t-Jc, ~ H~l~'> Ot--J f'~~ Cl.tz... ~ VP<CA--y;;JJ "?T. 'P..6- uL- /:.I...t&- i c<"'1-J-r~~T ~'? t~ ~ -U*t."? 'P'2t/P&1S~ vl--c--p..-UU~. we-- I.V 6ul..Jl..-Q LA,~ Ll./ "7~ AN V"'TlLCC'{ ~A"'''''LVlI::)....T'l ~ CA.J<--1fl- Of,HZ l?t(7e-Llt">~ (~ -w-e f'(lc/ ~ ~ \...)1\4-.... -[Ed" P(4!.-t'Z- .cvtc- t2 l bf-\T C-l- '-<../A--I Signed: ,Jfu JLLt ~ Date: CY-5-0( "?UaI(:; \.Jc+l~""~ Please return any comments by Thursdav. September 13. 2007, to "5l:7b A (l~SO 6P>--7 H~r Jane Kansier, Planning Director City of Prior Lake 4646 Dakota Street Prior Lake, MN 55372 Phone: (952) 447-9812 Fax: (952) 440-9678 e-mail: jkansier@cityofpriorlake.com 1:\07 files\07 vacations\grainwood\referral.doc Page 2 GENERAL LOCATION ONLY. DO NOT USE TO LOCATE FOR EXCAVATION. CALL 1-800-252-1166 FOR ON SITE LOCATIONS AND STAKING MINNESOTA ST M '" <( 25' ST PAUL AVE SE AFE683619674'STLCL.6 w U) c:::: U c:::: o c:::: a. 11'NHL 62' EHL :j, Plotted by: i066142 Plot Date: 9/5/2007 Field1: Field2: Scale: 1": 100' (j) North