The URL can be used to link to this page

Home My WebLink About8A - St. Paul Avenue Right-of-Way .----- //~ PRio'~'". !~~" R>I [... ;.. \ 4646 Dakota Street S.E. U ;7\ I Prior Lake. MN 55372-1714 \, '" / ------ -- ----- -. ~_. '''--.~'NNESO",~.J CITY COUNCIL AGENDA REPORT ~~------ MEETING DATE: AGENDA #: PREPARED BY: AGENDA ITEM: DISCUSSION: OCTOBER 1, 2007 8A JANE KANSIER, PLANNING DIRECTOR PUBLIC HEARING TO CONSIDER APPROVAL OF A RESOLUTION VACATING THE PLATTED ROAD RIGHT-OF-WAY FOR ST. PAUL AVENUE ADJACENT TO 16280 ST. PAUL AVENUE SE AND 5061 MINNESOTA STREET SE Introduction The purpose of this agenda item is to conduct a public hearing on the vacation of the existing platted right-of-way for St. Paul Avenue adjacent to the properties located at 16280 St. Paul Avenue and 5061 Minnesota Street which will resolve some property boundary issues between the school district and residents of the area. Historv ISD 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. Edwin and Amy Bounds own the property at 5050 Credit River Road SE. Their property is not directly adjacent to the St. Paul Avenue right-of-way, but is adjacent to the School District property. In 2006, ISD 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, ISD 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, Current Circumstances The Planning Commission considered this request on September 24, 2007 The Planning Commission recommended approval of the proposed vacation, 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. www.cityofpriorlake.com 952.447.9800 / Fax 952.447.4245 2. The address for the property at 16280 S1. Paul Avenue must be changed to a Credit River Road address, ISSUES: 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". 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. " 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. FINANCIAL IMPACT: There is no financial impact as a result of this vacation. ALTERNATIVES: 1, Adopt a Resolution approving the vacation, subject to the listed conditions. 2, Direct staff to prepare a resolution denying the vacation. 3. Continue this item to the October 1,2007, City Council meeting. RECOMMENDED MOTION: The Planning Commission and staff recommend Alternative #1, A motion and second to adopt a Resolution approving the vacation of the right-of-way, subject to the listed conditions, ~---_.._.-.....~ / '<. P RI' iA~" 0/('\, ~ ~\ 4646 Dakota Street S.E. ~ <l,. 0:;.)1 Prior Lake MN 553~217~SOLUTION07_~ ~~/ A RESOLUTION PROVIDING FOR THE VACATION OF THE EXISTING THE PLATTED ROAD RIGHT-OF-WAY FOR ST. PAUL AVENUE ADJACENT TO 16280 ST. PAUL AVENUE SE AND 5061 MINNESOTA STREET SE Motion By: Second By: WHEREAS, A petition for the vacation of the platted right-of-way for St. Paul Avenue (originally platted as Prior Avenue) adjacent to the properties at 16280 St. Paul Avenue and 5061 Minnesota Street has been duly presented to the City of Prior Lake, and 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, October 1,2007, in the Council Chambers at City Hall; during which 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, This portion of St. Paul Avenue is not improved and 16280 St. Paul Avenue is the only residence accessing the right-of-way; and WHEREAS, There are telephone and gas lines located within the right-of-way; and WHEREAS, New drainage and utility easements will be dedicated prior to recording the vacation resolution. 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 following described drainage and utility easement is hereby vacated: Legal Description: That part of Prior Avenue as dedicated in COSTELLO'S ADDITION TO PRIOR LAKE, MINN., Scott County, Minnesota, lying north of the northeasterly line of Credit River Road SE and south of a line 150.00 feet south of the south line of vacated Dakota Street. 4. The vacation is subject to the following condition: a) A drainage and utility easement must be provided over the existing right-of-way prior to recording the vacation resolution. b) The address for the property at 16280 St. Paul Avenue must be changed to a Credit River Road address. wwW.Cityofpriorlake.com Phone 952.447.9800 / Fax 952.447.4245 PASSED AND ADOPTED THIS 1ST DAY OF OCTOBER, 2007. YES NO Haugen Haugen Erickson Erickson Hedberg Hedberg LeMair LeMair Millar Millar Frank Boyles, City Manager L:\07 FILES\07 VACATIONS\Grainwood\vacation resolution.DOC LOCATION MAP N Eric 1. Quiring ejq@ratwiklaw.com " 1\ Rosz)d: 8: !\1alontv. P.l, August 23, 2007 All G t, ,~ Z[)f I Ms. Jane Kansier Planning Director City of Prior Lake 17073 Adelmann Street S.E. Prior Lake. 1',1N 55372 RE: Vacation Petition for 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 A venue) 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. J!:Lor<:terto remedy this inconsisten<::x,,~~e School District and two neighboring landowners, the Sinkulas anaBounds~ 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 tbe 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. 710SecondA\ClilleSmnh.SuiIC,i()().l\1il1l1capolis.M1\:'>'i4()2' plhI21C,.N.()()(1(l' llnI21:;.~C).rl(i:<S' \\\',II.r:II\\lki:!\h'Oll1 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 A venue 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 ofIndependent 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 from 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, ~y.~ 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. .\ TTOR"iE' SAT L\ ,\ JASON R. \OH:\OliTKA U,KE CALHOUN PROf'ESSIONAL BUILDING 3109 HENNEPIN A VENUE SOUTH MINNEAPOLIS. MN 55408 PHONE 1612) 827-6628 FAX (612\ 827-3564 AFTER HOURS (612) 725-8896 jason'q' lu\\: ~rsofm lnnesota.com August 20, 2007 Ms. Jane Kansier Planning Director City of Prior Lake 17073 Adelmann Street S.E. Prior Lake, rvIN 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 16280 St. Paul Avenue S.E.. Prior Lake. \vhich is adjoining property to Grainwood Elementary School, to the west of Prior A venue. As you know a complete survey was done in connection wi th a proposed addition to the school, which rewaled property lines that came as a surprise to everyone. We haw been working with counsel for the District. Eric. 1. 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 comeyed proportionately to the abutting property ovmers. This letter is to advise that the Sinkulas support this proposal and join in the application for vacation. 'I hank you. If you have any questIOns please teel tree to telephone me. Very truly yours. V~HNOlJTK~ & AS;:9/TES. Ltd. C' .~#J'? ? ~/t~ ason R. V ohnoutka Attorney at LaY\' cc: James & Michelle Sinkula Eric 1. Quiring. Esq. - \\'1"- -- ~;~~\S;0 \\~~ ~~~~~ SOUTH L~ or tJAJ(OTA STREET ~ c) ... r< ~ 0 $~ ~ ~~ C) -, C) -. ?) ::::~ ::i~ --~f--- --- !~ /.li' ~~ ~~ "< I X Ann ,T, 1 I 'T"'''' r*lUUI J I , V I V '.' :,::30:.' ------------------ I A "l!:- L..Ilf \ _ LOT' OF LOT /2 C)~)'I""IC} I "'VI' ilL .\.. SE CORNeR' Ne COR 'J rJ '.' C'J, () -. NE'L Y LINE OF CRF:OIT RIVER RO.4D 5.!'. 29Ca$-JI~-A 5tJO/~ T.ll". A.:12, S.I 200~II~AOOI...9 t:tB j( 0; QJ l.>.. o co ~ <.> E w -' <I: c.> U1 QESCRIPTION FOR PRIOR "VENUE Y,bCA TW!-!; That port of Prior Avenue os dedicated in COSTELLO'S ADDITION TO PRIOR LAKE MINN.. Scott County. Minnesota, lying north of the northeasterl y line of Credit R,ver Rood S.L end south or 0 li,.,e 150.00 feet south of the south line of vocated Dakota Street. PRIOR A VENUE TO BE VACA TED 14.597 SO. FT. OR 0.34 ACRES We hereby certify that this sketch, plan or report was prepared by me or under my instruction and that I om a duly Licensed Land Surveyor under the lows of the State of Minnesota. Doted this 27th day of September. 2006 SUNDE LAND SURVEYING, LLC. B~_--_-_--------------------------- Mork S. Honson, P.'...S. Minn Lie. No. 15480 C ((evis/Of' I 8y I Dale ) Drawing Tille; VACA TlON SKETCH FOR: A PORnON OF PRIOR A VENUE PRIOR LAKE, MN Sunde Dalo; 09/27/,006 P'o;ecl: 2006-115-1> o,awin'l: 2005t1S/l001.dwf} Shf!el: 10f 1 Land SUI~'Veyjng, L),C. 9001 ("", Bloom;~gton freewoy (35W) . Suite 115 Bloomlnqton, "'"n..oto 55<120-.'1435 a..~in.'o: 952-88'-2.0;55' >A.X: 952-888-952& SEP-05-2007 15:24 CITY OF PRIOR LAKE MAINT P.OVOl I have reviewed the attached proposed request !Grainwood Elementary VacatIon - #EP07-1381 for the following: .' Water City Code Gradinq Sewer Storm Water SiQns Zoninq Flood Plain County Road Access Parks Natural Features LeQallssues Assessment Electric Roads/Access Policy Septic System Gas Buildinq Code Erosion Control X Other TE.L.'f...... -- Recommendation: _ Approval Denial ~ Conditional Approval Comments: E.')(ISTl1-.lG TN1C.C:.R.f\ F"CIU'\€~ tA1LL NE..E.h Pt U.:--rl'-l\ 'f E.~5E. M'i:.N"T;. (Jegra TELECOM Don Barlage a.s.p. Enginecring fl. Design M;.nager Dir~c:t: 952-2U-70~4 Mobile: 612-919.5887 do n, ba rl<\ 9 €~inreg rat~lecom. c om 4690 Cororad::> St. S E. rrior I.ak.~. MinneS!.lUl S.s372 Fall: 9S.?i.2ti-3758 lNWW.lnttg raU!l@corn,corn ~ ~ 5;900": -:is - ~ ~- 0 0- -= Date: ~-S-D7 Please return any comments by Thursdav. September 13. 2001, to Jane Kansier, Planning Director City of Prior Lake 4646 Dakota Street Prior Lake, MN 55372 Phone: (952) 447~9812 Fa~ (952)440-9618 e-mail: jkansier@cityofpriorlake.com 1:\07 files\07 \/3cations\grainwood\refem3I.doc Page 2 TOTAL P.Ol I have reviewed the attached proposed request CGrainwood Elementary Vacation - #EP07-138) for the following: Water City Code Gradino Sewer Storm Water SiQns Zonino Flood Plain County Road Access Parks Natural Features Leoal Issues Assessment Electric Roads/Access Policv Septic Svstem Gas BuildinQ Code Erosion Control Other Recommendation: _ Approval --:l::- Denial _ Conditional Approval Comments: V"C to,..J,..,' ~ '-- ( <'0 L. '(0 --J ~ '-' Id 54. fc-vl . I' ~ I e . v--. .", <.. 7- ~ It- \J4L c..-...; e..- C~<':<e!".'~ -+-\';) Signed: ;:f/2 /"' Date: 9/ ~ /0 7 Please return any comments by Thursday. 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 (Grainwood Elementary Vacation - #EP07-138) for the following: Water Citv Code Gradinq Sewer Storm Water Siqns Zoning Flood Plain County Road Access Parks Natural Features Leqal Issues Assessment Electric Roads/Access Policy Septic System Gas Buildinq Code Erosion Control Other Recommendation: _ Approval -4- Denial _ Conditional Approval Comments: .> ~r;; : eE?C~ e or:: E"..,-{:"j''''"(lt-J G1 G..A'? V t-><CA. (j;3) '7T 'P A U~ /:>J...t6" -rL-tt'7 P I~ f''-''5 ~11 v I-- e--p.. --UV~ AN V"llLt-(""t (':"'A."')'=-Wl~ -n-\l? p(0 ~ ~ uA.c+"'--ct{) 1"tp.l~5 ot--J f"~ CL~ ~ o.,.1--Jlt;tlt~(t--:l"\ U<;. L5~ l.V{i~ we- tV (ju L..J\...-Q ~ u= "U:./ "> O"e ~kO CA.X::;/IL ovCl G' U7t-Ll t--'€ I t-J Pt2-lt.{L Cl (C (Zt6r\7 Crt- 0AY Signed: .JJu AJJ, ~<<t- Date: '1-5-0 "( <;"UaitE u~~t-;,~ Please return any comments by Thursdav, September 13,2007, to ~FG A (-c~sO b~S H/~~ 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 ONSITE LOCATIONS AND STAKING " ':<J! MINNESOTA ST ,)t/ - 25- . ~T PAUL.~.~.~~~_NE68361967 4" STL9c:6 w U) 0::: <.) 0::: o 0:: n... 11' NHL 62' EHL 71' HL AFE 1960 ... 2' ST CL.5 Plotted by: i066142 Plot Date: 9/5/2007 Field1: Field2: Scale: 1": 100' (f) North