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2. Vacation of steet right of way Forest Ave & Oriole Lane I CP-- I CITY O -----0 1 CHANHASSEN % 690 COULTER DRIVE • P.O. BOX 147• CHANHASSEN, MINNESOTA 55317 1 ,-'' (612)937-1900 • FAX(612)937-5739 IIMEMORANDUM J - TO: Don Ashworth, City Manager /0i /1.' IFROM: Jo Ann Olsen, Senior Planner t DATE: October 31, 1990 ISUBJ: Street Vacation of Oriole and Forest Avenue IOn October 22, 1990, the City Council reviewed a street vacation requested by area residents. During discussion on the item, the residents raised questions regarding recommendations concerning I trail connections to an adjacent park and the location of utilities. Staff could not respond to these items at the meeting and suggested that the item be tabled for further analysis. The I City Council tabled the item until questions on existing utilities and trail access could be answered (Attachment #1) . On Friday, October 26, 1990, staff met with the applicants requesting the I street vacation to discuss the extent of the street vacation, location of utilities and future trail easements. We have also had an opportunity to discuss the matter in house with other staff members to develop a comprehensive approach to the issue. IAs part of the HSZ and Gary Reed Subdivision development, storm sewer was extended through the right-of-way of Oriole Lane and ends I just inside the Herman Field Park. 'Therefore, it would be necessary to maintain a utility easement to cover the existing storm sewer. It was also preferred by the applicants to have a trail to the park provided through Oriole Lane .rather than preserve Ia trail easement through existing Forest Avenue right-of-way. Therefore, it was agreed by both staff and the applicants that Oriole Lane would not be vacated so that the storm sewer would be I covered by the right-of-way and the city would also have the ability to locate a trail for connection to Herman Field Park along Oriole Lane. By maintaining the right-of-way for Oriole Lane, the I piece of property owned by the Ziegler's (Attachment #2) will still have road right-of-way which will allow it to be developed in the future if desired by the lot owner. IIn regards to the vacation of Forest Avenue, it was agreed that Forest Avenue could be vacated from Oriole Lane up to the access road into Herman Field Park (Attachment #2) . The Schiferli's are I I 1 - - 1 1 1 1 - - - 1 1 1 1 1 1 1 i 1 1 • 1 1 Oriole & Forest Avenue Vacation October 31, 1990 Page 2 ' one of the applicants for the vacation of Forest Avenue and have agreed to locate the 40 foot access easement for the park completely on their property. Thus, in exchange for vacating the unused right-of-way, the City will be obtaining a needed access into the park. The property owned by the Schiferli's will still have access from Forest Avenue right-of-way. Should they want to subdivide and develop the property, it would be the responsibility of the land owner to extend utilities and improve the street right- of-way to city standards. Since these improvements are not ' necessary at this time for the park, the city is not pursuing these improvements until they are requested by adjacent land owners. The City is requesting that a 60 foot radius be provided over the Schiferli property for the purpose of providing a turnaround. The City will be installing an access road into Herman Field Park. The access road will be extended from existing improved Forest Avenue and will be located within the Forest Avenue right-of-way. The access road will not be improved to full city standards until it is required to serve additional development that may occur in the area. Utilities will not be extended to the park. The park is designed as a passive neighborhood park and the plans do not call for provision of indoor bathroom facilities. SUMMARY Staff is in agreement that the portion of Forest Avenue proposed to be vacated is no longer necessary to be maintained by the City as right-of-way. All existing utilities are still being protected by the remaining Forest Avenue and Oriole Lane right-of-way and the vacation does not result in any landlocked parcels. RECOMMENDATION ' The City Council recommends approval of Vacation Request #88-4 for Forest Avenue with the following conditions: ' 1. A 40 foot easement shall be provided across the westerly lot line of the Schiferli's property to provide access for the Herman Field Park. 2. The Oriole Lane right-of-way shall be maintained in it's current status to protect existing storm sewer improvements and to provide future trail access to Herman Field. 3. Those portions of a 60 foot radius outside Forest Avenue right-of-way shall be dedicated as easement across the Schiferli property for a turnaround. I 11 I Vacation of Oriole and Forest Avenue October 31, 1990 Page 3 ' ATTACHMENTS 1. City Council minutes dated October 22, 1990. 1 2. Map illustrating proposed street vacation. 3. Staff report dated October 22, 1990. 1 I I I I 1 1 1 1 I City Council Meeting - October 22, 1990 II Councilwoman Dimler moved, Councilman Johnson seconded to approve the City Code II Amendment amending Section 14-61 concerning the definition of malt liquor as presented with item (b) amended as follows: j (b) Except malt beverages, no person shall consume or have in his or her Ipossession while within any city park any bottle or receptacle which jj contains intoxicating liquor which has been opened, or the seal broken, or the contents of which have been partially removed. 1 All voted in favor and the motion carried unanimously. II PUBLIC HEARING: CONSIDER MODIFIED PLAN FOR TAX INCREMENT DISTRICT NO. 2-1. MCGLYNN. Todd Gerhardt: This is a public hearing. 11 Mayor Chmiel: Yes. II Todd Gerhardt: Included in your packet was a modified plan for tax increment district No. 2. Included in that plan are the changes on page 6 and 7 highlighting the expenses. I've also included in my report construction costs II and administrative expenses that will occur on this project. Planning Commission at their October 17th meeting reviewed the proposed changes and found them consistent with their overall development plans and comprehensive plan. Just to remind the City Council, at our last meeting of October 8th, I Councilwoman Oimler requested the detailed outline of those costs and I've included those. II Mayor Chmiel: Okay. This is a public hearing. Is there anyone wishing to address this at this particular time? Councilman Johnson moved, Councilwoman Dimler seconded to close the public Ihearing. All voted in favor and the motion carried unanimously. Resolution *90-139: Councilman Johnson moved, Councilwoman Disler seconded to I adopt the Resolution modifying the Tax Increment Financing Plan for Development District No. 2 and Tax Increment District No. 2-1. All voted in favor and the motion carried unanimously. IIPUBLIC HEARING: PROPOSED VACATION OF A PORTION OF STREET RIGHT-OF-WAY OF FOREST AVENUE AND ORIOLE _LANE. APPLICANTS: ZIEGLER. REED. SCHIFERLI AND GOWEN. IPublic Present: Name Address 1 Gary and Jan Reed 2461 West 64th Street Ben Gowen 6440 Hazeltine I Marcia & Bob Schiferli 325 George Street, Excelsior Delores Ziegler 6441 Oriole Lane Sandy Lehmer 6461 Oriole Lane IIPaul Krauss: Mr. Mayor, very briefly we received the request from 5 property 6 II City Council Meeting - October 22, 1990 ' owners to vacate portions of Oriole and Forest Avenue. The portion requested r • for vacation is undeveloped and in staff's opinion is unneeded for any public purpose. It doesn't contain any public utilities either. In response to their vacation request we saw no reason not to support that and we are recommending that the vacation be approved and processed accordingly. Mayor Chmiel: Okay, thank you. Is there anyone wishing to address that? Please come forward up to the microphone and please state your name and your address please. Bob Schiferli: I am Bob Schiferli and my wife owns the property where most is being vacated. A question I have in regards to a 20 foot easement. Can I show you on this map? Mayor Chmiel: Sure. Go ahead. Bob Schiferli: Now the present blacktop road, the property line runs through here. The present blacktop road stops right here. Now they stated in a letter they want a 20 foot easement to the park right? Do they want it 20 feet down the side of this road and in regards to the 20 foot easement here, does he want half on each side of these two pieces of property or just on one side of the property? Do they plan to keep the road in up to this point and then get an easement from here down? See we own this piece here and also this one. The reason we're requesting it is so it can be sold as one piece of property. This actually all the land down below here is such that it cannot be built on. . . .and this would make a nice lot in that respect. That one piece and we requested this, oh it's been about 5 years now and we'd like to get it done. They haven't moved on it yet but we're sure appreciating moving on it. I understand our taxes now, last year they were 13 70. This coming year they're going up to 21 50. We have to get rid of it. Can you clarify, does the 20 foot easement over here all the way down or does the road come to here and the i easement. . . I'd like to have that clarified. Paul Krauss: I believe Todd Hoffman can respond. , Councilman Johnson: I don't think we're vacating the western portion. Just from the park back. Todd Hoffman: To address that question, yeah. This would be the portion which is to be vacated. An easement to the park along your property and then the Lang property is in the process of being acquired. You'll be contacted at a date in the near future to do that. The easement which we'd like to be retained would be along this portion to gain access to the east for these persons in this area to access the park down along that trail system to get into the future Herman Field Park area. Bob Schiferli: I believe there is proposed from this blacktop here and come down here with the road.. . Is that what you're proposing your easement to come down through here? Todd Hoffman: No. This would be the access which will be developed. I Bob Schiferli: Then you're not vacating across our property at all? 7 1 City Council Meeting - October 22, 1990 Paul Krauss: No, we would be vacating ownership. We'd be retaining the right to have an easement for a trail. Todd Hoffman: A trail easement. • Paul Krauss: But it would show up as one tax parcel. Bob Schiferli: Then why can't they bring their easement down through here into the park then? The park runs from here to there. I . not objecting to the way ' they want to do it. I just want to get it clarified. Either you come down through here or if you have to go that way, go this route. The road stops here. Todd Hoffman: But then the development of the road, the gravel access road with the parking lot will eventually happen. Then you want the easement here. Bob Schiferli: Not all the way across here. Todd Hoffman: Then this would be a trail easement for pedestrian access from the east. ' Councilman Johnson: Not cars. Marcia Schiferli: Then it goes right through our property. ' Bob Schiferli: You're going through our property. You're going through this property too. That doesn't sound very logical to me. I want this clarified when you plan to put that easement. ' Councilman Johnson: Todd, do you have the drawings for the park and could access come from the east just on this back corner or could we move that trail ' access along the back lot lines versus going through the center of their lot? Instead of putting it where the street's platted now, put it at the back lot line and give them the vacation. Todd Hoffman: Yeah, there's the possibility that a trail, internal trail could be connected within the park. It is separated by a wetland area in here but ' that certainly is a possibility. Bob Schiferli: ...go through here rather than cut off two pieces of property. I wouldn't want to buy a piece of property and have an easement going right ' through the middle of it. On the side is fine. No difference. Same with him. I'm sure they wouldn't want... ' Councilman Johnson: Do we know what's the territory's like? Swamps or what? Gary Warren: It gets pretty wet so. ' Todd Hoffman: Again, that would just be a possibility. Without taking a look at the overall park plan and again taking a look at:changing the recommendation, it would be premature at this time. Mayor Chmiel: Todd, what would happen if we vacated that end piece all the way ' - 8 11 City Council Meeting - October 22, 1990 down? Got an easement through there. Vacated the other piece that goes over to that trail or where the road would be with the easement extending down also to 20 feet. Wouldn't that work out? You understand what I'm saying? ' Todd Hoffman: Along this side? Mayor Chmiel: Yeah. Get a trail easement there. Vacate the other piece that I extends from there to there. Todd Hoffman: Yeah. , Mayor Chmiel: And then get a 20 foot easement in that location where you show it presently to enter into the park. Gary Warren: Mr. Mayor I think the, I didn't mean to interrupt. The concept plan for the parks there relate to this and I think they ought to be looked at because I think the access for the land where the squiggle kind of goes off meandering is a little bit questionable as far as wetlands and such. Councilwoman Dimler: The topography there? , Paul Krauss: If you'd like us to look into that , I'd recommend that you continue action on this and let us bring it back to you at an upcoming meeting. We'll have looked at that. Todd Hoffman: That could be a possibility to make a compromise situation. If this is not navagiable down here, to bring that easement along the bottom or the southerly half. Mayor Chmiel: Rather than cutting through the entirety of the property. ' Gary Reed: My name is Gary Reed and I don't know when this all started but my son now owns part of that property that's adjacent to that and I don't think he's been notified but. Mayor Chmiel: Adjacent to? • Gary Reed: To that extension of Oriole Avenue. Mayor Chmiel: Oh, okay. Gary Reed: And also you said there were no utilities in there? There's sanitary sewer and then storm sewer now right? Gary Warren: On Oriole, yeah. Gary Reed: Doesn't the sanitary sewer cut right through there? Or does it dead end down there? • Gary Warren: It goes to the south. • Gary Reed: There's a manhold I know right down in that 20 foot Oriole and I 9 City Council Meeting - October 22, 1990 thought it went west from there. Gary Warren: Right, it goes west to a pump station. That whole thing should be reviewed Mr. Mayor. Gary Reed: Yeah, because that goes right through the middle of that property so you can't build on that part. Mayor Chmiel: Good, thank you. Anyone else? Ben Gowen: My name is Ben Gowen. I'm adjacent.. . I'm curious to know why ' they've got an 8 foot easement on 64th after you abandoned 64th? You've got an 8 foot path. Why do you now need a 20 foot path for the last 600 feet? 8 foot is good enough. From here up to TH 41 is 8 foot now as they abandon this ' street. Why do you need 20 feet here? I should think 8 feet would be adequate if you have to have it at all. There's no people up in this side of town. All the people that are going to use the park live over here in the Minnewashta Heights, Lows and Manner. I don't think you have to consider this site at all ' really. Gary Warren: The path itself is 8 foot but it's within the City's existing ' right-of-way. The right-of-way is wider than the 8 feet. The path itself is 8 feet wide. ' Councilman Johnson: That's been partially vacated when Mr. Reed subdivided. Mayor Chmiel: Alright, anyone else? Let's go the direction we had mentioned. ' Councilwoman Dimler: I move we close the public hearing. Councilman Johnson: Second. Or move to continue it? Mayor Chmiel: I would say we probably move to continue it. Councilman Johnson: I'll withdraw my second then. ' Councilwoman Dimler: Okay. Then you're not going to table this for tonight? Move to continue. Alright. Mayor Chmiel: No. Move for a continuance so we don't have to take any action on it. ' Councilwoman Dimler: Alright, move to continue the public hearing. Councilman Johnson: Second. Mayor Chmiel: And staff come back with those recommendations or suggestions and take all these things into consideration. Paul Krauss: I'll assume that it's going to be on the next meeting but we'll renotify. Mayor Chmiel: Right. More than likely it will be on next Council agenda so 10 City Council Meeting - October 22, 1990 , then once we check out the different things that we discussed, we'll have a better idea. Then we'll see. Ben Gowen: The people that are on the petition, 2 of the 5 didn't get notified. I don't know why they don't. Mayor Chmiel: Do you know who those were? , Ben Gowen: Myself and the Schiferli's. Marcia Schiferli: No, we got one. Ben Gowen: Oh you did? It wasn't on the agenda upstairs when I tried to find out. Marcia Schiferli: No, we got a letter. Gary Reed: My son didn't either. Gary Warren: Does it show as an ownership? ' Gary Reed: Yeah. And also, you know the plat...proposing along 64th Street.. . Councilman Johnson: Right. This is an old street map. It shows 64th going up t to the highway. Yeah. Don Ashworth: Mr. Reed? Your son's name is? ' Gary Reed: Gary also. Gary S. Reed. That's Excelsior sailing. Mayor Chmiel: Very good. So we'll have it continued until the next Council meeting. Councilwoman Dialer moved, Councilman Johnson seconded to continue the public , hearing on the proposed vacation of a portion of street right-of-way of Forest Avenue and Oriole Lane until the next City Council meeting. All voted in favor and the motion carried. PJ'S BAR AND RESTAURANT LOCATED IN SEVEN FORTY-ONE CROSSING SHOPPING CENTER. INTERSECTION OF TH 41 AND TH 7. JEFFREY IRRTHUM: I A. CONDITIONAL USE PERMIT REQUEST. B. ON-SALE INTOXICATING LIQUOR LICENSE REQUEST. ` Public Present: Name Address Gary and Jan Reed 2461 West 64th 'Street Ben Gowen 6440 Hazeltine Marcia 6 Bob Schiferli 325 George Street, Excelsior Delores Ziegler 6441 Oriole Lane • Sandy Lehmer 6461 Oriole Lane 11 I\ ;: \ e,/, fIA'C y o°ugeD / airi 0101 0 i i/ I i 1 i i/ I _ 1 i / 1 / / 1 \` � \ \ / 1 1 j! \ \\ t.i i . , \, I`! 1 j L { j_:, 1 U . k \` \`t ` \` \\......_;>e N \ ... ....... , •••-_, I7i1� 1{ ' ' ' ```� ` ■ AO*. r ``_ I . :i -----,,, I wie 411 , �._�i _ . ______--- I ._ : . II 0/, *1k r A.i i ...\- . -_ I_0 -.. V _ _ / '•' . [n eR 1 1 m 3 .V. ) 1 / ` Y_ _ \•i / / - --� , ,.. '_ I!"C'�. �,: \{ 1 1 111 I l / I/ / ~-�, 1 1 , 111 I / 1 11 j11 // _, { I I I I1 1/ / /� 11 { Ill! / / / / 1lllllil/ / l 1 1 !1il!/l / .--r_- •-TI ,l/I(/,/l l % 1 11111// l 1 ' y 1111111// I / `' J�o 1114111/ 1 I rby /�/i1�Ij/ j i/ il!11 1 / / �\ ///1 {!1 / I .*"'"1 1""1 /I/ I '17 1 //. /1 1 1 ° ► \\ -w 1 l 11‹ 1 ` �� \ /\S ,• CITYOF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 II (612) 937-1900 * FAX (612) 937-5739 MEMORANDUM TO: Don Ashworth, City Manager FROM: Jo Ann Olsen, Senior Planner 1 DATE: October 16, 1990 1 SUBJ: Vacation of a Portion of Street Right-of-way of Oriole and Forest Avenue The City has received a request from 5 property owners to vacate a portion of Oriole and Forest Avenue. The portion of right-of-way requested for vacation is currently unimproved and the City does not have any intention of improving that segment of right-of-way. The right-of-way is not necessary to be improved to provide access to the subject properties. The portion on Forest Avenue would be vacated up to the point where the access to the City park, south of Forest Avenue, will be located. Existing city utilities are located up to the point of right-of-way that is being proposed to be vacated. Therefore, there are no existing utilities within the right-of-way that need to be preserved with easements. Planning staff has reviewed this request with the Engineering Department and has determined that the right-of-way is no longer necessary since street improvements in this location will not be pursued by the city. To provide trail access to the future Herman Field Park, the Park and Recreation Commission is requesting a 20 foot trail easement be retained within the right-of-way (Attachment #1) . The Park will be developed in 1991. Staff is in agreement . that the proposed right-of-way could be vacated with provision of a 20 foot trail easement. RECOMMENDATION 1 Staff recommends the City Council adopt the following motion: "The City Council approves Vacation Request #88-4 to vacate a portion of right-of-way of Oriole and Forest Avenue with the following conditions: . 1. The applicants shall provide a legal description of the right- 1 of-way proposed for vacation. 1 1 I 1 Oriole/Forest Ave. Vacation October 16, 1990 I Page 2 2. A 20 foot trail easement shall be retained by the city for pedestrian access to Herman Field Park." ' ATTACHMENTS 1. Memo from Lori Sietsema dated June 16, 1988. 2. Application. 1 I r I 1 i I I I I i I I CITYOF 4 CHANHASSEN I 4- -- 1 . , 14„ .- 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 1 (612) 937-1900 I MEMORANDUM TO: Barbara Dacy, City Planner 1 JoAnn Olsen, Assistant City Planner FROM: Lori Sietsema , Park and Recreation Coordinato 1 DATE: June 16 , 1988 R 1 SUBJ: Oriole Lane At their last meeting , the Park and Recreation Commission learned I that the residents in the area of Highway 7 and 41 may be peti- tioning to vacate Oriole Lane. The Commission would like your office to be aware that they are not against such., but would like I to see the City retain a 20 foot easement for trail purposes. This trail easement would provide a pedestrian access to Herman Field Park. 1 I I I I I I I I I. . .. _ 1 1 , , 1 . , 1 , , , , SE C3 —,, G / . SEC 33, , O N.'-/ •• r "— 681 6H.0 Res t 2 ROBERT W REUTIMAN LOT I 3 t 6p BK 59, P 548 i .-'•' i-5' FOR ROAD � 7" '" 111 ' 81c 32, P 538 /" • W' LOT H w p, ANE 1 47 c z \ .I I ' 2 V X33' �' L ♦. LOT Q , , a. 0 E A PART OF 2 2 9 ' e �ir ��` — .- -------- ' _ M -_--I--64TH ----- :2:\ `` I P (.14 . i It. 30 _`�� 4 ms's ..■PART O F 1 ;,..> ` � ,,A t_OT 34 .�%. ' PART OF LOT 33-' a , ..• i-.,,...,..... • 31 i co ,, ; A- PART of !.vItt 0 ���"� / LOT 3: � `�`,� i(g $ •1 /' 31 2�i Q J�p'� 10 1r 30 1 �. 1 •• 0 _ -- - - -- -- 139 ---� 1278.44 -40 rods- �'/ I , C 0 : .f BENJAMIN GOWEN ... ��� / I CITY OF CHANHASSEN ° BK 101, P 467 $ 469 "� a bK 119,P 609 BK 142, P4 a • 4 / I ,333,' ijs 4rs ..•4p rods-•- z:4 1278.44 --- ---- '1938.44 - • 1 LAND DEVELOPMENT APPLICATION II CITY OF CHANHASSEN 690 Coulter Drive Chanhassen, MN 55317 • (612) 937-1900 II APPLICANT: Al(a__CI.9_,Q O hTNER: ADDRESS ADDRESS I Zip Code _ Zip Code ' TELEPHONE (Daytime) TELEPHONE REQUEST: I Zoning District Change Planned Unit Development _ Zoning Appeal Sketch Plan II Preliminary Plan Zoning Variance Final Plan I Zoning Text Amendment Subdivision Land Use Plan Amendment Platting I Metes and Bounds Conditional Use Permit CS-tir-r;ettasement Vacation II Site Plan Review Wetlands Permit PROJECT NAME e- ' I PRESENT LAND USE PLAN DESIGNATION REQUESTED LAND USE PLAN DESIGNATION` II PRESENT ZONING IREQUESTED ZONING USES PROPOSED I SIZE OF PROPERTY LOCATION I \iN,„.., c REASONS FOR THIS REQUEST 10 ok got NEpFD I I LE • A G L DESCRIPTION (Attach legal if necessary) 1 11 11 City of Chanhassen Land Development Application 11 Page 2 • FILING INSTRUCTIONS : • This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and 11 plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the City Planner to determine the specific ordinance and procedural requirements IIapplicable to your application. FILING CERTIFICATION: The undersigned representative of the applicant hereby certifies that he is familiar with the procedural requirements of all II applicable City Ordinances . ' Signed By Date Applicant The undersigned hereby certifies that the applicant has been authorized to make this application for the property herein described . 1 Signed By Date ' Fee Owner 00- (C51-1 v ov:4„--1 pi I 1 Date Application Received c �1 lJ / Application Fee Paid 4i? 5hef ' � City Receipt No. s _ * This Application will be considered by the Planning Commission/ Board of Adjustments and Appeals at their meeting. 1 II - - I. May 24, 2988 I 1 Land Development Application City of Chanhassen 690 Coulter Drive Chanhassen, MN 55317 We are applying for vacation of the "Oriole Avenue" extension. (This is the paper road south of 64th Street.) iE We also would like to apply for the partial vacation of "Forest Avenue". (The paper street going west of the above Oriole Avenue extension.) c 4i i Q J(ma . 4 C���r�. -�- 10 1 William & Dolores Ziegler Gary & Jan Reed 6441 Oriole Ave., Excelsior, MN 2461 West .4th St., Excelsior, MN 474-8398 474-852. k 4w4 (IN• .‘ - A • t2,) io -2r3 g_tx, (62 ft.Ct.>, - •12.t, yr I Kelly Ziegler Marcia Schiferli 6480 Oriole Ave., Excelsior, MN 325 George St., Excelsior, MN 474-3007 474-5646 4 II I 13a GowF - b44o -�,`�� 4I vD. 1 cE )S(0 \P it s/3,/ 4-14- 3; 3C0 /779j'