HomeMy Public PortalAbout2006-062 Resolution Denying a Request to Vacate Portion of ROW & Utility & Drainage Easement on Shawnee Woods RdMember Smith introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO.2006-62
RESOLUTION DENYING A REQUEST TO VACATE A
PORTION OF THE RIGHT-OF-WAY AND UTILITY AND
DRAINAGE EASEMENT ON SHAWNEE WOODS ROAD
WHEREAS, Steven Theesfeld and Elizabeth Theesfeld (the "Applicants") have requested
that the city vacate the easterly 347 feet of Shawnee Woods Road right-of-way and related drainage
and utility easements; and
WHEREAS, pursuant to said request, the city council of the city of Medina (the "City")
conducted a public hearing on the proposed vacation on September 5, 2006; and
WHEREAS, at the public hearing, the Applicants spoke in favor of the vacation and two
persons owning or having an interest in properties affected by the vacation provided written or oral
testimony in opposition thereto; and
WHEREAS, City staff, after reviewing the request, recommended denial thereof because
land use changes in the area which may take place within the reasonably foreseeable future make
vacation of the right-of-way premature at this time.
NOW, THEREFORE, BE IT RESOLVED by the city council of the City of Medina,
Minnesota, that the proposed vacation be denied because the upcoming adoption of the decennial
comprehensive plan for the community and land use changes which may occur in the vicinity of
Shawnee Woods Road within the reasonably foreseeable future make vacation of the right-of-way
or utility easements premature at this time and not in the public interest.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Applicants be given a
credit of $500 against the costs associated with a same or similar application made within a
reasonable period of time following adoption of the new comprehensive plan provided that the
Applicants fully reimburse the City for all costs and expenses, including administrative, legal and
engineering fees, associated with this application.
Dated: September 19, 2006.
B ce D. Workman, Mayor
ATTEST:
Get
Chad M. Adams, Administrator -Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member Brinkman
and upon vote being taken thereon, the following voted in favor thereof:
Brinkman, Workman, Smith
and the following voted against same: (Absent: Weir, Cavanaugh)
None
Whereupon said resolution was declared duly passed and adopted.
Resolution No. 2006-62 2
September 19, 2006