Memo - Proposed Vacation - 3rd St N ROW
Public Works Department
Memorandum
To:
Copy:
Honorable Mayor and Members of the City Council
Rick Getschow, City Manager c....s67
Steven J. Stadler, Public Works Director
From:
Date:
July 22, 2005
Proposed Vacation - Unimproved 30' wide segment of 3fd St N ROW
Subject:
Background:
Mark Van Oort, 301 20th Avenue North has requested the city vacate the 30' wide x
135' long section of the 3'd Street North right of way between 19th and 20th Avenues.
Mr. Van Oort would like to add on to his home and needs this property to accommodate
the addition. Although a vacation wQuld result in his neighbor to the south receiving the
land, apparently he has an agreement with his neighbor to acquire the property. There
are no utilities in this section of right of way and there is a significant grade change that,
coupled with the narrow width and adjacent homes, would preclude any vehicular
roadway or alley through the property. However, our review of the area did reveal that
pedestrians use the right of way area, presumably to access the south end of Hilltop
Park. So, there is at least the potential that this public property could serve a purpose
in allowing a pedestrian route from the neighborhood area east of 20th Avenue to Hilltop
Park.
Staff sent a letter to the residential area to the east that is most likely to use this access
to Hilltop Park (1ih _19th Ave, 2nd - 3'd St) explaining the vacation request and why the
city is requesting their input. Regrettably, staff received only two responses to the
letter. Of the two responses, one was not opposed and one was opposed to the
vacation.
The options are:
1) Proceed by ordering a public hearing on the vacation at the August 3,2005 City
Council Meeting
2) Deny the request for vacation
Staff comments: If there is a future potential for public purpose, I tend to want to error
on the side of ensuring that the city could provide for that future public use. There is a
somewhat similar situation regarding public access to a city attraction at the north end
of 20th Avenue South. Residents along 20th Avenue South desiring to get to Mainstreet
are currently cutting through the Oaks of Mainstreet property. The alternatives for these
residents is to cut through private property or walk south to Excelsior Boulevard and
then walk 18th or 19th Avenues or 1ih Avenue sidewalks up to Mainstreet. Here, the
public attraction is the Mainstreet area and there is no direct public pedestrian way to
get there. Staff is looking into the possibility of obtaining public easement along the
south edge of the Oaks of Mainstreet property to 19th Avenue to provide for this public
need for more direct access to Mainstreet.
In this case, the public attraction is Hilltop Park and there is evidence that the public is
using this 3rd Street North ROW area to access it. The risk of future problems by
eliminating this public "path" is unknown. But, as with the Oaks of Mainstreet property,
it could become an issue.
7/11/2005
I AM WRITING WITH CONCERNS ABOUT THE LETTER SENT TO RESIDENTS
ABOUT THE VACATING.
I FEEL InLLTOP PARK IS GETTING SMALLER AND SMALLER. I HAVE LIVED
AT MY ADDRESS FOR FOURTEEN YEARS, I RAISED MY YJREE KIDS AND
EIGHT FOSTER KIDS HERE. THEY SLED DOWN InLLTOP AS DID THEIR
FRIENDS FOR MANY YEARS.
WHEN WE LIVED IN MINNESTONKA, WE WOULD COME TO HILLTOP
DURING THE WINTER JUST TO SLED. MANY PEOPLE FROM EDINA AND
OTHER CO:MMUNITIES USE THIS PARKAS WELL.
THE NEIGHBOR IN BACK OF ME CONSTRUCTED A HUGE GARAGE TO
OBSTRUCT THE VIEW OF NEIGHBORS. MAKING ACCESS EVEN SMALLER.
THE PARK SEEMS TO BE CLOSING IN. IT USED TO BE FOR EVERYONE, BUT
IF THE ACCESSES DECREASE IT MAKES IT HARDER FOR THE CHILDREN TO
SLED.ACTUALL Y, I THINK THEY SHOULD BUID WOODEN STAIRS UP THAT
InL BETWEEN THE TWO HOUSES TO MAKE IS EASIER ACCESS.
RIGHT NOW, THE KIDS HAVE ACCESS THROUGH THE TWO HOUSES IN
QUESTION, THE ALTERNATIVE WOULD BE TO GO ALL THE WAY AROUND
BEHIND MY HOUSE (CIRLCLED) THEN AROUND ANOTHER GROUP OF
HOUSES TO GET TO THE TOP OF THE InLL. OR THEY COULD PARK AT THE
BOTTOM BY ELDERSTED AND CRAWL TO THE TOP. THAT IS A LONG WALK
IN THE COLD SNOW. THERE ISN'T ENOUGH PARKING AT THE TOP FOR
EVERYONE EITHER.
THIS IS A COMMUNITY PARK. I LET KIDS WALK THOUGH MY YARD ALL
THE TIME TO HAVE EASIER ACCESS, BECAUSE THEY ARE MY NEIGHBEORS
AND THIS IS A KIDS PARK.
I JUST WANT THE CHILDREN TO BE ABLE TO SLED. I HAVE LIVED HERE
LONG ENOUGH TO KNOW HOW THIS PARK IS BEING USED, AND I DON'T
THINK THE CITY SHOULD VACATE THAT PROPERTY TO THE NEIGHBORS.
DO ALL OF YOU LIVE IN HOPKINS? DID YOUR KIDS ACCESS THE PARK?
THEN YOU SHOULD KNOW THAT IF YOU DO THAT IT WOULD NARROW
DOWN THE CHOICES OF ACCESSING.
I ALSO HOPE THIS LEETER WILL REMAIN ANNONOMOUS TO MY
NEIGHBOR...... S. BOURESSA
350 ' {'1J..L ~.,(J.
(ity oj%pkins
Pu6{u 'Worf& 'lJepartment
11100 'Elcce{sior f}Jou!evara
!fIopf(jns) Minnesota 55343-3435
.hi. 'Equaf Opportunity 'Etnp[qyer
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23-117-22-14-0123 . ~. -}
STEVEN RMOLZAHN .~
KATHY M MOLZAHN . -;.r-
21118THAVEN . I\/( ,
HOPKINS, MN 55343
CityojCJ-fopkins
Pu6{ic. Wor~
11100 'E7(uCsWr13[va. . !1fop/ijns, 'JvtJ{ 55343-3435 . pfwne: 952-939-1382. ~lM:! 952-939-1381
. We6lUUress: www.fwp/ij.nsmn.cam
July 5, 2005
Hilltop Park Area Residents
Dear Resident:
The Hopkins City Council is considering giving up (vacating) a section of the 3rd Street
North public right of way that extends from the alley just west of 19th Avenue to the
parking lot on the south side of Hilltop Park (north end of 20th Avenue) - see attached
map and photograph. Before proceeding, City Council wants to know if you have any
concerns or objections to this propos.ed right of way vacation. If this right of way is
vacated it would no longer be public property but would become the private property of
the adjacent property owner. There are no public utilities within this section of right of
way. State Statute allows cities to vacate public rights of way after a public hearing and a
determination that there is no public purpose for retaining the right of way.
The City received a vacation request from an adjacent property owner who needs the
additional property provided by the vacation to construct an addition to their home. The
request was discussed at the June 28 City Council Worksession and, because the right of
way is located directly adjacent to Hilltop Park, City Council asked that staff seek
neighborhood input prior to any further action. Resident feedback is being requested
from the residential area east of Hilltop Park. Your feedback will be considered by City
Council as they decide whether or not to proceed with this right of way vacation. Please
provide your input to me by July 20th. You can provide written comments and return
them in the enclosed envelope, call me at 952-548-6350, or email me at
sstadlerilV,hopkinsnm.com.
Cities must give serious consideration to current or potential future public purpose prior
to vacating any right of way. Your input on this vacation request is valued and
appreciated.
Ste n 1. Stadler, P.E.
Public Works Director/City Engineer
Enc.
Partmrino witli tlU. Community to 'En!"",a tlU. QJu1fity of Life
t Inspire + 'Eaucate + Invo(ve + Communkate .
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