CR 08-109 Vacate Street - Excelsior CrossingsNovember 26, 2008 NOP K NS Council Report 08 -109
VACATE STREET — EXCELSIOR CROSSINGS
Proposed Action
Staff recommends the following motion: Adopt Resolution 08 -69, approving Ordinance 08-
1005, approving the vacation of part of a street for the Excelsior Crossings development for
first reading.
At the Zoning and Planning meeting, Ms. Reilly moved and Mr. Hatlestad seconded a motion
to adopt Resolution RZ08 -8, recommending approval of Ordinance 08 -1005, approving the
vacation of part of a street for the Excelsior Crossings development. The motion was
approved unanimously.
Overview
In the first part of November the City Council approved the childcare facility for the
Excelsior Crossings development. As part of the final piece of the development, Opus is
asking that a small piece of First Street North be vacated.
The small triangular piece to be vacated is 94 square feet and is located on the west end of
First Street North.
Primary Issues to Consider
• What is the zoning of the property, and how has the Comprehensive Plan
designated the subject site?
• Is the street needed for a public purpose?
• What is the staff recommendation for the vacation?
• What were the responses from the utility companies regarding the vacation?
• What was the discussion at the Zoning and Planning meeting?
Supporting Documents
• Analysis of Issues
• Resolution 08 -69
• Ordinance 08 -1005
ancy SiAnderson, AICP
Planner
Financial Impact: $ N/A Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.):
Notes:
CR08 -109
Page 2
Primary Issues to Consider
• What is the zoning of the property, and how has the Comprehensive Plan
designated the subject site?
The zoning of the property is Business Park with an overlay zoning of Planned Unit
Development. The Comprehensive Plan designation is Business Park.
• Is the street needed for a public purpose?
The public works department reviewed the proposed vacation and determined that the portion
of the alley to be vacated is not needed for a public purpose.
• What is the staff recommendation for the vacation?
Staff is recommending approval of the vacation.
• What were the responses from the utility companies regarding the vacation?
Comcast, CenterPoint Energy, and Qwest have no objection to the vacation. Excel Energy is
requiring that the utility easement rights to maintain existing UG electric facilities must be
retained in favor of Northern States Power Company. This is a condition on the resolution.
• What was the discussion at the Zoning and Planning meeting?
Ms. Anderson reviewed the proposed vacation. No one appeared at the public meeting
regarding the vacation.
Alternatives
1. Approve the vacation of a portion of First Street. By approving the vacation, the street
will be vacated.
2. Deny the vacation of a portion of First Street. By denying the vacation, the street will not
be vacated. If the City Council considers this alternative, findings will have to be
identified that support this alternative.
3. Continue for further information. If the City Council indicates that further information is
needed, the item should be continued.
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 08 -69
RESOLUTION MAKING FINDINGS OF FACT AND
APPROVING THE VACATION OF A PORTION OF FIRST STREET
LLC;
WHEREAS, an application for Vacation VAC08 -1 has been made by Opus Northwest
WHEREAS, the procedural history of the application is as follows:
1. That an application for a vacation of the alley was made by Opus Northwest LLC
on October 29, 2008;
2. That the Hopkins Zoning and Planning Commission, pursuant to mailed and
published notice, held a public hearing on the application and reviewed such
application on November 25, 2008: all persons present were given an opportunity
to be heard;
3. That the written comments and analysis of City staff were considered; and
4. Legal descriptions of the alley and street to be vacated are as follows:
That part of First Street North as dedicated in the plat of EXCELSIOR
CROSSINGS, according to the recorded plat thereof, Hennepin County,
Minnesota, described as beginning at the northwest corner of Lot 4, Block 1 said
EXCELSIOR CROSSINGS; thence on an assumed bearing of South 87 degrees
31 minutes 58 seconds East, along the north line of said Lot 4, a distance of 17.50
feet; thence North 43 degrees 53 minutes 44 seconds West a distance of 15.57 feet
to the west line of said 1 St Street North; thence South 32 degrees 35 minutes 57
seconds West, along said west line of 1 St Street North, a distance of 12.42 feet to
the point of beginning.
NOW, THEREFORE, BE IT RESOLVED that the application for vacation VAC08 -1 is
hereby approved based on the following Findings of Fact:
1. That the above - described street is not needed for a public purpose.
BE IT FURTHER RESOLVED that application for vacation VAC08 -1 is hereby
approved subject to the following condition:
1. That the utility easement rights to maintain existing UG electric facilities must
be retained in favor of Northern States Power Company.
Adopted this 2nd day of December 2008.
Eugene J. Maxwell, Mayor
ATTEST:
Terry Obermaier, City Clerk
CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO. 2008-1005
ORDINANCE VACATING A PORTION OF FIRST STREET NORTH
THE COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN AS
FOLLOWS:
That the following described area of the following public street, utility, and right to enter
easements in the City of Hopkins, namely:
That part of First Street North as dedicated in the plat of EXCELSIOR CROSSINGS, according
to the recorded plat thereof, Hennepin County, Minnesota, described as beginning at the
northwest corner of Lot 4, Block 1, said EXCELSIOR CROSSINGS; thence on an assumed
bearing of South 87 degrees 31 minutes 58 seconds East, along the north line of said Lot 4, a
distance of 17.50 feet; thence North 43 degrees 53 minutes 44 seconds West a distance of 15.57
feet to the west line of said 1 St Street North; thence South 32 degrees 35 minutes 57 seconds
West, along said west line of 1 St Street North, a distance of 12.42 feet to the point of beginning.
be vacated as a public street.
First Reading:
Second Reading:
Date of Publication:
Date Ordinance Takes Effect:
ATTEST:
Terry Obermaier, City Clerk
APPROVED AS TO FORM AND LEGALITY:
City Attorney Signature
December 2, 2008
December 16, 2008
December 25, 2008
December 25, 2008
Eugene J. Maxwell, Mayor
Date
Vacation Sketch For
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PROPOSED VACATION DESCRIPTION
That part of I st Street North as dedicated in the plat of
EXCELSIOR CROSSINGS, according to the recorded plat thereof,
Hennepin County, Minnesota, described as beginning at the
northwest corner of Lot 4, Block I, said EXCELSIOR CROSSINGS;
thence on an assumed bearing of South 87 degrees 31
minutes 58 seconds East, along the north line of said Lot 4, a
distance of 17.50 feet; thence North 43 degrees 53 minutes
44 seconds West a distance of 15.57 feet to the west line of
said Ist Street North; thence South 32 degrees 35 minutes 57
seconds West, along said west line of I st Street North, a
distance of 12.42 feet to the point of beginning.
I hereby certify that this sketch, plan, or report was
prepared by me or under my direct supervision and
that I am a duly Licensed Land Surveyor under the
N LINE OF
laws of the State of Minnesota.
LOT 4
Dated this 22nd day of October, 2008
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Main Office:
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LAND SURVEYING 952 -881 -2455 (Fax: 952- 888 -9526)
2005 -179 626/24 T.117 R.21 S.19
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North Office:
www.sunde.com Brooklyn Park, Minn. 763 - 784 -9346
PROPOSED VACATION DESCRIPTION
That part of I st Street North as dedicated in the plat of
EXCELSIOR CROSSINGS, according to the recorded plat thereof,
Hennepin County, Minnesota, described as beginning at the
northwest corner of Lot 4, Block I, said EXCELSIOR CROSSINGS;
thence on an assumed bearing of South 87 degrees 31
minutes 58 seconds East, along the north line of said Lot 4, a
distance of 17.50 feet; thence North 43 degrees 53 minutes
44 seconds West a distance of 15.57 feet to the west line of
said Ist Street North; thence South 32 degrees 35 minutes 57
seconds West, along said west line of I st Street North, a
distance of 12.42 feet to the point of beginning.
I hereby certify that this sketch, plan, or report was
prepared by me or under my direct supervision and
that I am a duly Licensed Land Surveyor under the
laws of the State of Minnesota.
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Dated this 22nd day of October, 2008
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SUNDE LAND SURVEYING, LLC.
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Scott J. ukup, P. .S. Minn. Lic. No. 17256
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REVISED: November 25, 2008 (Distance correction)
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Main Office:
9001 East Bloomington Freeway (35W) • Suite 118
JI SUNDE Bloomington, Minnesota 55420 - 3435
LAND SURVEYING 952 -881 -2455 (Fax: 952- 888 -9526)
2005 -179 626/24 T.117 R.21 S.19
SMT 2005179019R.dwg
North Office:
www.sunde.com Brooklyn Park, Minn. 763 - 784 -9346