HomeMy WebLinkAboutItem 06.hJuly 15, 2015 Item No.________
AVONLEA EASEMENT VACATION
JULY 20, 2015 CITY COUNCIL MEETING
Proposed Action
Staff recommends adoption of the following motion: Move to approve a resolution vacating
public drainage and utility easements for Avonlea.
Passage of this motion will vacate a redundant public easement within the Avonlea final plat.
Overview
There is an existing 100 foot by 250 foot drainage and utility easement on the west side of
Cedar Avenue (CSAH 23), south of 179th Street, that was initially dedicated to Dakota County
in 2001 but later conveyed by the County to the City in 2006. This drainage and utility
easement is located within Outlots K and L of the Avonlea final plat, which are being deeded
to the City by Mattamy Homes for stormwater ponding and wetland purposes. As such, the
drainage and utility easement is no longer needed.
The Planning Commission held a public hearing on the easement vacation at their July 9,
2015 meeting and unanimously recommended approval. There was no public comment.
Primary Issues to Consider
• Why is the easement vacation being considered separately from the Avonlea final plat?
The need for the easement vacation was determined during staff review of the final plat. Due
to the additional public hearing notice timeline (two weeks vs. ten days) and the developer’s
request to expedite City Council approval of the final plat, action on the easement vacation is
occurring after City Council approval of the final plat, which occurred at a special meeting held
on June 29, 2015.
Supporting Information
• Resolution
• July 9, 2015 draft Planning Commission meeting minutes
• July 1, 2015 planning report
Daryl Morey, Planning Director
Financial Impact: $________________ Budgeted: Y/N ____ Source: ____________________________
Related Documents (CIP, ERP, etc.): Zoning and Subdivision Ordinances_________________________
Community Values: A Home for All Ages and Stages of Life____________________________________
(Reserved for Dakota County Recording Information)
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO._________
RESOLUTION VACATING PUBLIC DRAINAGE AND UTILITY EASEMENTS
FOR AVONLEA
WHEREAS, the Planning Commission has conducted a public hearing, preceded
by two (2) weeks published notice, to consider the following described easement
vacation, and
WHEREAS, the City Council has determined that it is in the public interest to
approve the easement vacation.
NOW, THEREFORE, BE IT RESOLVED by the Lakeville City Council:
1. The following drainage and utility easements are hereby vacated:
DRAINAGE & UTILITY EASEMENTS 3, as shown on DAKOTA COUNTY ROAD
RIGHT-OF-WAY MAP NO. 233, according to the map on file and of record in the Dakota
County Recorder’s Office.
2. The City Clerk is directed to file a certified copy of this resolution with the
Dakota County Recorder.
DATED this 20th day of July 2015.
CITY OF LAKEVILLE
_____________________
Matt Little, Mayor
ATTEST:
________________________
Charlene Friedges, City Clerk
STATE OF MINNESOTA )
(
CITY OF LAKEVILLE )
I hereby certify that the foregoing Resolution No. _______ is a true and correct copy of
the resolution presented to and adopted by the City Council of the City of Lakeville at a
duly authorized meeting thereof held on the 20th day of July 2015, as shown by the
minutes of said meeting in my possession.
________________________
Charlene Friedges, City Clerk
(SEAL)
CITY OF LAKEVILLE
PLANNING COMMISSION MEETING MINUTES
July 9, 2015
Chair Swenson called the meeting to order at 5:56 p.m. in the Council Chambers at City
Hall. The pledge of allegiance to the flag was given.
Members Present: Chair Jason Swenson, Vice Chair Linda Maguire, Brooks Lillehei,
Pat Kaluza, Karl Drotning, Scott Einck, ex-officio member Nic Stevens
Members Absent: Paul Reuvers
Others Present: Daryl Morey, Planning Director
3. Approval of the Meeting Minutes
The June 18, 2015 Planning Commission meeting minutes were approved as
presented.
4. Announcements
Mr. Morey stated that the July 23rd Planning Commission meeting will be cancelled
due to a lack of agenda items.
5. City of Lakeville
Chair Swenson opened the public hearing to consider the vacation of public
drainage and utility easements located west of Cedar Avenue (CSAH 23) and south
of 179th Street.
Planning Director Daryl Morey presented the planning report. He stated that the
drainage and utility easement is related to the Avonlea final plat, which was
approved at a special City Council meeting on June 29, 2015. He stated that the
drainage and utility easement is in the favor of the City and that it would be located
within Outlots K and L of the Avonlea final plat, which will be deeded by the
developer to the City for wetland and ponding purposes. As such, the drainage and
utility easement would be redundant and therefore is no longer needed.
Mr. Morey stated that staff recommends approval of the drainage and utility
easement vacation as presented.
Chair Swenson opened the hearing to the public for comment.
There were no comments from the audience.
Planning Commission Meeting Minutes, July 9, 2015 Page 2
Motion was made by Drotning, seconded by Maguire to close the public
hearing at 6:00 p.m.
Ayes: Lillehei, Einck, Swenson, Maguire, Kaluza, Drotning
Nays: 0
Chair Swenson asked for comments from the Planning Commission. There were no
comments from the Planning Commission on this item.
Motion was made by Lillehei, seconded by Einck to recommend to City Council
approval of the drainage and utility easement vacation located west of Cedar
Avenue (CSAH 23) and south of 179th Street as presented.
Ayes: Einck, Swenson, Maguire, Kaluza, Drotning, Lillehei
Nays: 0
There being no further business, the meeting was adjourned at 6:01 p.m.
Respectfully submitted,
Daryl Morey, Planning Director
City of Lakeville
Planning Department
Memorandum
To: Planning Commission
From: Daryl Morey, Planning Director
Date: July 1, 2015
Subject: Packet Material for the July 9, 2015 Planning Commission Meeting
Agenda Item: Avonlea Easement Vacation
APPLICATION
City staff is requesting the vacation of an existing 100 foot by 250 foot drainage and utility
easement located on the west side of Cedar Avenue (CSAH 23) south of 181st Street. This
drainage and utility easement was conveyed to Dakota County by Joe Miller Farms in 2001
and then conveyed by the County to the City by quit claim deed in 2006. This drainage and
utility easement is located within Outlots K and L, Avonlea, which are being deeded by
Mattamy Homes to the City in conjunction with the final plat approved by the City Council on
June 29, 2015. Outlots K and L cover stormwater ponding, wetland and wetland buffer area
and the drainage and utility easement is no longer needed with the deeding of these two
outlots to the City.
EXHIBITS
Exhibit A – Location Map
Exhibit B – Easement Vacation Map
RECOMMENDATION
Planning Department staff recommends approval of the drainage and utility easement
vacation as presented.
Avonlea Final
Plat Bou ndar y
Area of
easem ent
vacation
±D O D D B L V D (C S A H 9 )
C E D A R
A V E
(C S A H 2 3 )
179TH ST
City of LakevilleAerial MapAvonleaEasement Vacation
EXHIBIT A