HomeMy WebLinkAboutOld [05] Cedar Street Vacation •
CITY OF ST. JOSEPH Council Agenda Item 5
MEETING DATE: January 6, 2011
AGENDA ITEM: Public Hearing, Cedar Street /Alley Vacation
SUBMITTED BY: Administration, EDA
BOARD/ COMMISSION /COMMITTEE RECOMMENDATION:
PREVIOUS COUNCIL ACTION: The City Council in December initiated the process to vacate a portion of
Cedar Street to allow for potential outdoor seating and landscaping at Kay's Kitchen.
BACKGROUND INFORMATION: See Request for Council Action from December Council meeting.
The Council must determine that the vacation of the public ROW is in the best interest of the public. In
this case the vacation is in the best interest of the public as the ROW has not be used as a street or alley
since 1986 when the intersection at CR 75 was realigned and the frontage roads were closed for safety.
The vacated alley will allow for beautification of the area and potential seating outside.
BUDGET /FISCAL IMPACT:
ATTACHMENTS:
Request for Council Action, January 6, 2011 5:1 -2
Resolution 2011 - 001 - Vacating the ROW 5:3 -4
Notice of Hearing 5:5
Resolution 2010 -037 Initiating the Vacation process 5:6
Request for Council Action, December 2, 2010 5:7
Attorney Correspondence 5:8 -9
Vicinity Map 5:10
REQUESTED COUNCIL ACTION: Authorize the Mayor and Administrator to execution resolution 2011-
001 vacating a portion of cedar street and the adjacent alley and retaining an easement for the sanitary
sewer main.
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RESOLUTION 2011 -001
VACATING A PORTION OF CEDAR STREET AND
A PORTION OF AN ALLEY CONNECTING TO CEDAR STREET
WHEREAS, The City Council for the City of St. Joseph previously passed Resolution No. 2010 -37
noting its interest in vacating, pursuant to Minnesota Statute §412.851, a portion of Cedar Street and a
portion of an alley connecting to Cedar Street and 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.
and setting a public hearing to consider the vacation of such street; and
WHEREAS, a public hearing to consider the vacation of such street was held 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, after due published and posted notice had been given, as well as personal mailed
notice to all affected property owners by the City Administrator on the 17 day of December, 2010, and all
interested and affected persons were given an opportunity to voice their concerns and be heard; and
WHEREAS, any person, corporation or public body owning or controlling easements contained
upon the property vacated, reserves the right to continue maintaining the same or to enter upon such way
or portion thereof vacated to maintain, repair, replace or otherwise attend thereto; and
WHEREAS, the Council in its discretion has determined that the vacation will benefit the public
interest because that portion of Cedar Street and the alley abutting Cedar Street which is subject to the
vacation has not been used as a street or alley since 1986 when Stearns County realigned County Road
75 and closed the frontage road (Cedar Street) in front of Kay's Kitchen for safety reasons. The vacation
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of the street and alley will allow the adjoining business to provide for outdoor dining and beautification of
the area being vacated. The City will retain a utility easement over the area being vacated to provide
utility services in the future.
WHEREAS, at least four -fifths of all members of the City Council concur in this resolution;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of St. Joseph, Minnesota,
that such petition for vacation is hereby granted and the portion of the described as follows is hereby
vacated:
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.
BE IT FURTHER RESOLVED, that the Mayor and City Administrator are hereby authorized to sign
all documents necessary to effectuate the intent of this resolution.
This Resolution is adopted by the City Council of the City of St. Joseph the 6 day of January,
2011.
APPROVED:
Dale Wick, Acting Mayor
ATTEST:
Judy Weyrens
City Administrator
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• • CITY OF ST. J OSEPH
www.cityofstioseph.com
NOTICE OF PUBLIC HEARING ON VACATION OF A PORTION OF CEDAR STREET AND
A PORTION OF AN ALLEY CONNECTING TO CEDAR STREET
Notice is hereby given that a public hearing will be held before the City Council on the 6` day
of January, 2011, in the City Hall located at 25 College Avenue North, St. Joseph, Minnesota at
7:00 p.m., to consider the vacation of a City street legally described as:
Administrator
Judy Weyrens 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
Mayor easement over, under and across the above described vacated alley.
Al Rassier 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
Councilors the recorded plat thereof, and that part which lies south of the north -south alley that
Steve Frank lies between said Lots 3 and 17, Block 2 of said addition. Except a triangular part
Bob Loso 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;
Renee Symanietz thence west parallel to the south line of said Lot 3 a distance of 15 feet; thence
Dale Wick northeasterly to the point of beginning. Reserving a utility easement over, under and
across all of the above described vacated Cedar Street.
All persons wishing to be heard will be heard and oral testimony will be limited to five minutes.
Written testimony can be mailed to the City Administrator, PO Box 668, St. Joseph MN
56374.
Judy Weyrens
Administrator
Publish: December 17, 2010
zs College Avenue North • PO Box 668 Saint Joseph, Minnesota 5 6374
Phone 320.363.7101 Fax 320.363.0341 5:5
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 comer
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.
/ , •
/ °' 4 ' -..
Al Rassier, Mayor
ATTEST
L . .1' A f
u., r` eyr e ns m in i stra , .
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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 1s` Ave NW, east to l 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 -4
Vicinity Map 8(c):5
Attorney Correspondence 8(c):6 -7
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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Rakowski Hansmeier „
Thomas G. Jovanovich
11 7th Avenue North tjovanovich raj han.com
P.O. Box 1433
St. Cloud, MN 56302
November 15, 2010
320.251.1055
800.445.9617 toll -free
320.2515896 fax VIA. EMAIL
iweyrens@cityofstjoseph.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
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Rajkowski Hansmeier :;°
yen
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 di' LTD.
.ai
By
Thomas G. Jo •1 h
TGJ/baw
Enclosure
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