HomeMy WebLinkAbout[08c] Initiate vacation set hearing •
CITY of ST JOSEPH ., Council Agenda Item 8(C)
MEETING DATE: December 2, 2010
AGENDA ITEM: Right -of -way vacation, Kay's Kitchen
SUBMITTED BY: Administration, EDA
BOARD/ COMMISSION /COMMITTEE RECOMMENDATION: The EDA is supportive of the vacation as it
will allow the property owner to enhance their property and possibly expand their offerings.
PREVIOUS COUNCIL ACTION:
BACKGROUND INFORMATION: When the signal lights were installed at the intersection of CR 75 and
College Avenue a frontage road named Cedar Street ran parallel to CR 75. The signalization of the
intersection removed the frontage road from 15t Ave NW, east to 1st Ave NE. During the process the
ROW was not vacated as anticipated. In 2000, the City Council approved a request to vacate the ROW in
front of Super America which the Council completed. In reviewing the records we could not determine
why the ROW was not vacated and why when Super America requested vacation the entire section was
not vacated.
Kay's Kitchen has been working with the EDA to add landscaping and possibly some outside seating.
During the request it was noticed that the City still owned the ROW for Cedar Street East and that would
prohibit some landscape improvements and seating. The area that the Council will be considering
vacation is currently used by Kay's Kitchen for parking. While the main sanitary sewer extends along CR
75, the City will just need to keep an easement for access, similar to what was completed for Super
America.
The letter from Tom Jovanovich identifies the process that must be followed for vacation. At this time
staff is requested that the City Council initiate the vacation process and schedule the public hearing. For
simplicity purposes the two resolutions have been combined to one. The hearing can be held at the
January 6, 2011 meeting and will be considered by the current Council before turning the meeting over
as this would be considered old business.
BUDGET /FISCAL IMPACT:
ATTACHMENTS: Request for Council Action 8(c):1 -2
Resolution 2010 -0037, Initiating process & setting hearing 8(c):3
Vicinity Map 8(c):5
Attorney Correspondence 8(c):5 -6
REQUESTED COUNCIL ACTION: Authorize the Mayor and Administrator to execute Resolution 2010-
0037 Initiating the Hearing process for the vacation of a portion of cedar street, setting the public
hearing for 7:00 PM on January 6, 2011.
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8(c):2
RESOLUTION 2010 -0037
INITIATING THE VACATION PRECEEDINGS AND SETTING THE PUBLIC HEARING
TO VACAT A PORTION OF CEDAR STREET EAST
WHEREAS, the City Council for the City of St. Joseph, pursuant to Minnesota Statutes §412.851, has
determined to vacate a portion of Cedar Street and a portion of an alley connecting to Cedar Street,
which is legally described as follows:
Vacate that part of the 20 foot alley which lies south of the North line of Lot 3, Block 2, LOSO'S
THIRD ADDITION, according to the recorded plat thereof, extended west to the intersection with
the east line of Lot 17, Block 2 of said addition. Reserving a utility easement over, under and
across the above described vacated alley.
Vacate that part of Cedar Street which lies parallel, contiguous and 15 feet south of the south line
of Lot 3 and Lot 17, Block 2, LOSO'S THIRD ADDITION, according to the recorded plat thereof,
and that part which lies south of the north -south alley that lies between said Lots 3 and 17, Block
2 of said addition. Except a triangular part described as follows: Beginning at the southeast corner
of said Lot 3; thence south along the southerly extension of the east line of said Lot 3 a distance
of 15 feet; thence west parallel to the south line of said Lot 3 a distance of 15 feet; thence
northeasterly to the point of beginning. Reserving a utility easement over, under and across all of
the above described vacated Cedar Street.
NOW, THEREOFORE BE IT RESOLVED, that the City of St. Joseph initiates the proceeding to
vacate the above - described described street and alley.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of St. Joseph,
Minnesota:
1. The Council will consider the vacation of such street and alley and a public hearing shall be
held on such proposed vacation on the 6 day of January 2011, before the City Council in the
City Hall located at 25 College Avenue North, St. Joseph Minnesota at 7:00 PM.
2. The City Administrator is hereby directed to give published, posted and mailed notice of such
hearing as required by law.
This resolution is adopted by the City Council of the City of St. Joseph the 2 day of December,
2010.
Al Rassier, Mayor
ATTEST
Judy Weyrens, Administrator
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Rajkowski Hansmeier P oc
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Thomas G. Jovanovich
11 7th Avenue North tiovanovich
P.O. Box 1433
St. Cloud, MN 56302
November 15, 2010
320251.1055
800.445.9617 toll -free
320.251.5896 fax VIA EMAIL
jweyrens®cityo fstj os eph, com
www.rajhan.com
Ms. Judy Weyrens
City Administrator
P.O. Box 668
St. Joseph, MN 56374
RE: Vacating a Portion of City Street (Cedar Street) and a Portion of an Alley
Our File No. 04393 -29232
Dear Judy:
The procedure to vacate a city street is as follows. The process may be initiated
by the Council on its own motion, or by a petition of the majority of the owners of
land abutting the street to be vacated.
If it involves property abutting public water, then the City must give 30 days
notice by certified mail to the Commissioner of the DNR prior to the public
hearing. Based on the location of the property, it is my understanding that this
street does not abut public water. Therefore, there is no need to notify the
Commissioner of the DNR prior to the public hearing.
I have attached the following documents for your use:
1. Resolution to Initiate Procedure to Vacate
2. Resolution Setting Hearing to Vacate
3. Notice of Hearing to Vacate
4. Resolution to Vacate
5. Notice of Completion
The Council must pass the first two resolutions, setting the hearing date
approximately 3 weeks out to allow for publication. The notice of the hearing
must be posted and published for two weeks preceding the public hearing, as well
as mailed notice to each property owner affected by the vacation 10 days prior to
the hearing. Minnesota Statute §412.851, does not specify who is an affected
8(c):5
Rajkowski Hansmeier
•wt #10 Qe,
November 15, 2010
Page 2
property owner. At a minimum, it will be necessary to send mailed notice to the owners of the
property who are contiguous or abutting the street being vacated. Accordingly, all property
owners abutting either the vacated street or alley and all property owners in the immediate area
who may use the street or alley will have to be provided mailed notice and there will have to be
an Affidavit of Mailing.
When the vacation is initiated by the City Council, the vacation must be passed by a minimum of
four -fifths vote of the Council. Please note that in the Resolution approving the vacation, there is
a line for each Council Member. Each Council Member's vote should be noted on this
Resolution.
If and when the Council passes the Resolution to vacate, then the Notice of Completion should
be signed and sent first to the County Auditor and then to the County Recorder for recording.
If you have any further questions, please advise.
Sincerely,
RAJKOWS HANS iti• LTD.
-ri
By
Thomas G. Jo :+ • h
TGJ/baw
Enclosure
8(c):6