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Home My WebLink AboutResolution 4951 � . .;� � O� .. O O � ' � . CITY of ORONO ,� .:�.,�. � � , ti �''�� G'�' � RESOLUTION OF THE�CI�TY COUNCIL `9kES8�g' N0. � �. ' A RESOLUTION DENYING A REQUEST FOR VACATION OF A PLATTED ALLEY BETWEEN LOTS 6 AND 7,BLOCK 4, CASCO HEIGHTS FILE NO. 03-2874 � . WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and � WHEREAS, Richard Kail (hereinafter the "applicant") on February 20, 2003 completed filing of a formal application with the City of Orono(hereinafter"City")for vacation of a platted alley dedicated within the plat of Casco Heights, such alley being legally described as follows: - � � That part of the alley within Block 4, Casco Heights, Hennepin County, Minnesota, dedicated to the public in said plat which lies between Lots 6 and 7, Block 4, Casco Heights, lying between the northeasterly lines extended of said • Lots and the southwesterly lines extended of said Lots; (hereinafter "the alley"); and `VHEREAS,after due published and mailed notice,the Orono Planning Commission held a public hearing on March 17, 2003 regarding said alley vacation, at which time all persons desirin�to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, after due standing and consideration, the Planning Commission recommended denial of the requested easement vacation,and the Cit�Council of the City of Orono finds that said easement vacation, as proposed, is not in keeping �vith the public interest in - consideration of the following findings: 1. The alley was dedicated in the plat of Casco Heights in 1911. The alley was dedicated for the public use, and while it may have seen minimal public use in the past, certain aspects of its location suggest potentially greater use in the future. 2. The alley provides a 14'wide continuous straight corridor bet�veen Casco Avenue and Casco Point Road. • • � Page 1 of 3 . , � O� . • O O i � � r CITY of ORONO � -� ;.. � � . ti �',� G'�' RESOLUTION OF THE CITY COUNCIL L`�kEsKOg'� No. . 4 � � �. 3. The alley provides a potential pedestrian connection from the Casco Avenue/ Caroline Avenue/Ethel Avenue neighborhood to the City beach at Carman Avenue. 4. While a portion of the alley south of the applicant's property may be wetland, the possibility for use of the alley in the future via a walkway through the wetlands, or for cross-country skiing and snowshoeing access to the Lake via the beach in the winter, should not be minimized. 5. The property adjacent to the alley directly behind the applicant's property is City- owned undeveloped land, used for stormwater drainage purposes. The City cannot predict the value of this alley as a corridor for future stormwater needs, but the - � City should not eliminate any possibilities. Likewise, as City land, the area behind the applicant's property may have potential park uses that are currently not envisioned, and this alley provides potential access for such use. • 6. While past utility use of the alley may be minimal,the City cannot predict the need for future utility use of the corridor, and because it connects two main residential streets, there are likely possible future uses for public utilities (such as sewer&water, gas, telephone, electric, cable TV, or other communications needs) that are as yet unknown; and WHEREAS,the City Council in recent years has gained a strong awareness of the value of public access to the lake. This corridor has potential to provide connectivity between an off- lake neighborhood and the lake. The Council is generally reluctant to vacate public rights-of-way that are in use, especially in Orono's defined Urban Area(the '/2- acre and 1-acre zones, including - Casco Point). While this alley may have had minimal use in the past,it has significant potential for future public use. The Orono 2000-2020 Community Management Plan, Pages 4A-32 & 4A-33 regardin� preservation of lake access, supports the maintaining of lake access corridors and is applicable to this request even though this alley does not directly abut the lake. NOW, THEREFORE BE IT RESOLVED, that the petition of Richard Kail for vacation of a portion of alley within the plat of Casco Heights is hereby denied. • Page 2 of 3 , ; . � O� O O • � � r � C ITY of ORONO ,� � �.,.. � � �" r .. c � ��, RESOLUTION OF THE CITY COUNCIL �L� , o4�'G No. 4 9 � A k'ESH. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 14th day of April, 2003. ATTEST: , � �� Linda S. Vee, City Clerk Barbara A. Peterson, Mayor STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this f`�day of r-i/ ,2003 • by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. . � f`'=�'�, RACHEL DOQGE - � F ;' NOTHRY PUBLIC-MINNE^OTA ��,�� i�- , � `. 1,r P�1y Ccmmission Expires Jan.31�2005 !� `,;,.�.� ..,�. Notary Public STATE OF MINNESOTA � COUNTY OF HENNEPIN - The foregoing instrument was acknowledged before me on this�day of />� 2003 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. �.`,�5'�;�. . ' � , - /� /� �� .°:w� RACHEL DODGE �-�� /OG�� 5�:4'y,� NOTr;RY PUBLIC-MINNE"OTA Notary Public �t My Canmissfon Expires Jan.31,2005 �:..,c�� - • • Page 3 of 3