9.c) Staff Report-Request to Vacate 1st Avenue � �_
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SCANDIA
Staff Report
Date of Meeting: April 16, 2013
To: City Council
From: Kristina Handt, Administrator
Re: Request to Vacate 1 St Ave.
Agenda Item#: 9.c)
Background:
Ross Brunfelt spoke to the Parks and Recreation Committee at their March meeting about
concerns he and other property owners along Olinda Trail between Oakhill and TH 97 had,
particularly as it relates to the proposed development of Lilleskogen Park.
Minutes from 3-4-13 PRC Meeting:
Ross Brunfelt stated that he would like the City to consider vacating the parcel between his
property and Greg Benson's property. Brunfelt explained that this parcel has been used for
many years for parking. The parcel allows up to three cars to be parked and helps reduce the
parking on the street. Brunfelt also stated that this parcel is used to access septic. Brunfelt
shared concern regarding the lack of parking in town. Brunfelt stated he intends to present a
signed petition to the City Council and hopes to retain parking rights.
Since Brunfelt appeared under the Public Forum portion of the agenda,there was no formal
action taken by the committee. However, some members did point out that there were public
meetings on the proposed park in 2008 when the plan was being developed and reiterated the
importance of connecting the park to Olinda Trail to provide access to other areas of the City.
I've included a copy of the Old Village Trail Map adopted by the Council in 2011 to show the
proposed and existing connections.
On April 11, 2013 Brunfelt submitted a petition to vacate 1S`Ave to the City. The petition was
signed by himself and Greg Benson. A copy of the petition and the accompanying letter are
provided in your packet.
Under state law, there are two ways for commencing a street vacation. The Council on its own
may start the process. However, the resolution for a vacation would then need to be approved by
a 4/5 vote of the Council.
Alternatively, a majority of owners of land abutting the street to be vacated may initiate the
vacation by petition. The property owners abutting the section of 1 S'Ave proposed to be vacated
are: Mary Benson, Patrick and Lynn Bettendorf, William and Anita Poidinger, Scandia Auto
Service Co., and Ross Brunfelt. It appears the petition received on April 1 l, 2013 does not meet
the requirement of being signed by a majority of the abutting property owners.
However, staff has placed this issue on the agenda so the Council may hear from Mr. Brunfelt
and decide if they would like to direct staff to�repare the resolution for a public hearing on
vacating 1 St Ave. Again, this would mean 4/St of the Council would need to vote in favor of the
final resolution.
Issue:
Should the City Council initiate the vacation process for 1 St Ave?
Proposal Details:
Ross Brunfelt and Greg Benson are asking the City to vacate 1 S`Ave. This is the section on the
attached park plan map for Lilleskogen that connects the park land to Olinda Trail N. As Chair
Zauner has told you at previous meetings, Lilleskogen is their top priority. A copy of the
Lilleskogen Park Plan can be found under the Parks and Recreation section on the City's
website.
In order for the City to decide to vacate the property, they must find that the property no longer
serves a public interest. Eventually, the Council will need to determine that the property cannot
be put to public use and that it is more favorable to the public to vacate the property.
Mr. Brunfelt and Chair Zauner will be at the Council meeting to answer any questions.
Fiscal Impact:
There will be costs associated with required mailings and public hearing notices.Notice of the
public hearing would need to appear in the legal newspaper and written notice must be mailed to
each property owner affected by the proposed vacation.
Options:
1) Direct staff to bring a resolution setting a public hearing to vacate l SI Ave to the next
Council meeting.
2) Take no action. If a majority of abutting property owners sign a petition,then notice of a
public hearing would be given.
Thursday, April 11, 2013
Scandia City Council Members,
We are requesting that the City vacate the street known as lst Avenue—unopened. We
feel this is in the public's best interest for the following reasons:
• The land was originally acquired for the purpose of building a street which has
not and will not happen.
• The land has been allowed to be used by the adjoining property owners for private
use ever since—for decades and as far back as our research can find. This
includes use for much needed parking for the 21100 property(originally the
telephone company and several different businesses since then including
attorneys, surveyors and currently real estate offices. There is also a rental
residence at the 21100 building so this space provides their only off-street parking
which is extremely important for safety and County snow plowing efforts. The
parking area has always been maintained by the 21100 property owners. It has
been approved by the City several times over its history and included in approval
processes for CUPs. It is also used by the 21120 property for access to the
auxiliary building, rear lot and garden areas. This auxiliary building has also been
here as far back as we know and has always been in use. Lastly it is also used for
utility purposes and this was considered by both Washington County and the City
(then Township) of Scandia when they installed the county septic system and
granted the utility easement (doc #550536) for said purpose. It should be noted
that 12' of this street easement has already been vacated in the past and when
combined with the additiona128' easement granted, there is very little usable land
remaining between the edge of the util. easement and the auxiliary building
located on 21120. There are two large oak trees on this remaining portion that
should be saved per the City's comprehensive tree plan and would be negatively
affected should anything happen there. The granted utility easement also furthers
that both the County and City have in the past taken the stance that this will not be
a street at any point and the land is best served by private use.
• The land has a culvert drainage easement that crossed the property in a NW-SE
line—this is a key aspect to avoid flooding of neighboring properties.
• Our local septic operators agree that this land provides the only access to service
the septic system on said easement and that should there ever be a failure, which
will happen at some point, the remaining land would be key for access with
equipment and installing a new system.
• We have worked with many property owners in similar situations in neighboring
cities with the end result being the City vacating the street because it is not in the
publics' best interest to retain land that will never be used for the original
intended purpose.
• We understand now that the City Parks and Rec division would like to now use
this land to install a `trail spur' from the future park to Olinda Trail. It is of our,
and more than 95% of our neighborhood property owners, that this would be short
sighted and not in the public interest. It is an unnecessary trail to a potential
future park and one that has very little public or civic group support. Mr. Benson
has more history with this than anyone and can personally validate that the land
has never been better than in its current state—a natural woods providing a nice
view shed and immense noise buffering for the entire uptown area. Past efforts in
parks here have led only to destruction of private and civic group property with
little real use—the two go hand in hand. We have been extremely disappointed in
the lack of listening on this subject and would be happy to sit down with anyone
or hold a public forum on the subject. We were never approached on the concept
of removing the long-held private use on this land in favor of public use. So far,
we have seen two different tree removal efforts take place without there even
being the first step completed which is public support and the second step which
would be surveying the property including a tree inventory. Natural tree and
brush removal is the beginning step of much more noise from State Hwy 97 for
all in the community. Currently there has been tree removal all the way onto the
utility easement without notice or good intent. A trail was never the intent of this
land. Should the park concept ever take hold and gain public &civic support—
the proposed park parcel has thousands of feet of road frontage and it is totally
unnecessary to have this trail spur.
Thank you in advance for your time and consideration,
Greg Benson
Ross Brunfelt
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Petition of Support to Vacate Old City Street Easement
I hereby support Ross and Mindy Brunfelt andlor Greg and Mary Benson in their request
to officially vacate the narrow strip of City property,believed to originally be intended as
an easement for a street that was never constructed, so that they and/or future owners of
their properties can continue to use the land as it has been for decades—as off-street
parking and access to the rear of their lots. (Sign a line below &thanks for your support)
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Appendix B: Petition for Vacating a Street
PETITION FOR VACATION OF (A PORTION OF) � �T,4�/, �NU� STREET
IN THE CITY OF SGA-+✓��� , County of
� ky ��,�/ ,Minnesota.'
TO: The City Council of SG�n/A�q.- , Minnesota
The undersigned, a majority of the property owners as set forth opposite their respective names,
abutting on �s� ,Lj��,vu� street,�respectfully petition the city council to
vacation the aforesaid (portion o fl /s� �r-uu� street.3
Print Name Signature Address or Description of Property
osS' z 71�o-a Dl�%�l�, �/_ it/. , �S�u.����tG,�/
�/�G �E1V�e�/ . S' �c.� /�lZ/
Received on the � \�- day of .�r, � , 20�
- `
�.�--� �.�r-
i'
(Signature of City Clerk)
' The abutting landowners'petition is not required to commence a vacation.The City Council may commence a
vacation procedure on its own initiative. However,a vacation commenced without a valid petition must be passed by
a 4/5 favorable resolution of City Council. When a petition needing multiple sheets of paper is used,each sheet
should bear the full heading at the top, so that all signers and the city have a clear understanding of the nature of the
petition being signed.
Z Please see"Procedure for Vacation of Streets"memo Section II-A-1 for a discussion of the legal requirements
relating to abutting landowners signatures.
3 The description of the street to be vacated should be complete enough to prevent any possible uncertainty or
ambiguity.ln some cases,particularly where only a portion of a public street or grounds will be vacated,a legal
description may be necessary.
League of Minnesota Cities Information Memo: 7!9/2010
Vacation of City Streets Page 14
Appendix B: Petition for Vacating a Street
PETITYON FOR VACAT'ION OF(A PORTION O� l�/�"Nv� STREET
IN THE CITY OF .S�Gq-�o J.E}- ,County of
(a,f�/G�,�/ ,Mfnnesota.'
TO:The City Council of Sf•s1-n�,0,/�}. ,Minnesota
The undersigned,a majority of the property owners as set forth opposite their respective names,
abutting on ��r' A��.i�c� street,2 respectfully petition the city council to
vacation the aforesaid(portion o� ��~' Af/!�i/L r street.3
Print Name Signature Address or Description of Property
�osS ,�eUv�'L� � ` .a�.j��(/
6r� . s a, ��c/
�CRi�sl'�Cl �4N1-Yh `X ��h 1 y 7�2 oak�i l�/ �N• .��; illN
� /�n �i� vr� , I`��oZ Da�i��� � ,U ���°`. ,h�
y
Received on the l 1'� day of�L,20�
.�� �C%�-
(Signature of City Clerk).
'The abutting landowners'petition is not reguired W commence a vacadon.'i'he City Council may commrnce a
vacation procedure on its own initiative.However,a vacation commenced without a vaiid petition must be passed by
a 4/5 favorable resoluNon of Ciry Council.When a petition needing multiple shcels of paper is used.eech sheet
should bear the ti�ll heading at the top,so that aD sigrters and the city have a clear understanding of the nature of the
�etition being signed.
Ptease see"Procedure for Vacation of Streets"memo Section II-A-1 for a discussion of the legal requirements
relating to abutting landownas signatwes. �
�The description of the street to be vacated should be completc enough to prevent any possible uncertainty or
ambiguity.[n some casea,particularly when only a portion of a public atreet or grounds will be vacated,a kgal
description may be necessary.
��c�,e a�a�,e,o�cn��r«n+a��,Me�: ��za,o
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