GENERAL BUSINESS ITEMS:

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1 AGENDA LINDSTROM SPECIAL CITY COUNCIL MEETING THURSDAY, SEPTEMBER 27, :30 P.M. Lindstrom City Hall Sylvan Ave., Lindstrom, MN CALL TO ORDER/PLEDGE: CALL OF ROLL: GENERAL BUSINESS ITEMS: 1. Morning Sun Vacation (pgs. 2-6) 2. Rose Hill Vacation (pgs. 7-10) ADJOURN Page 1 of 10

2 CITY COUNCIL REPORT TO: FROM: City of Lindström Mayor and City Council Rita Trapp and Beth Richmond, Consulting Planners DATE: September 17, 2018 SUBJECT: Right-of-Way Vacation for Newport Curve APPLICANT: Moxness Development Group, LLC Outlot H of Morning Sun LOCATION: MEETING DATE: September 27, 2018 OVERVIEW On June 21, 2018 a preliminary plat was approved for the 2 nd Addition of Morning Sun. As a condition of preliminary plat approval, all right-of-way vacations were required to be submitted prior to or simultaneously with the final plat. The applicant has recently applied for the final plat of the 3 rd Addition of Morning Sun. Consideration of the 3 rd Addition is anticipated to occur at the October City Council Meeting. To facilitate the 3 rd Addition plat, a five-foot portion of Newport Curve must be vacated. In accordance with State Statutes, the City has published and posted notice for two weeks about the proposed vacation, as well as informed through mailed notice to all of the property owners of the Morning Sun plat. The City Council is required to hold a public hearing as part of its consideration of the request. RECOMMENDATION Given preliminary plat approval and Staff recommendation of approval for the request, a draft resolution has been prepared for your consideration. The draft resolution includes conditions that make the approval of the right-of-way vacation subject to the approval of the final plat, which will be brought before the Council on October 18, ATTACHMENTS Diagram of Morning Sun plats Draft Resolution approving the Right-of-Way Vacation Page 2 of 10

3 Page 3 of 10

4 CITY OF LINDSTROM CHISAGO COUNTY, MINNESOTA RESOLUTION NO RESOLUTION VACATING PORTION OF NEWPORT CURVE WHEREAS, pursuant to Minnesota Statute the Lindstrom City Council has conducted a hearing preceded by two (2) weeks published and posted notice and mailed notice to the affected property owners, to consider the vacation of a five-foot portion of Newport Curve legally described in the attached Exhibit A and depicted on the attached Exhibit B ; and WHEREAS, all abutting owners petitioned for its vacation; and WHEREAS, following the hearing and consideration of the proposed vacation, the Council has determined that it is in the public interest to vacate the above-noted portion of Newport Curve; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lindstrom: 1. The portion of street legally described on the attached Exhibit A and depicted on the attached Exhibit B is hereby vacated conditioned upon the approval of the final plat for Morning Sun 3 rd Addition. 2. The City Clerk is directed to file a certified copy of this Resolution with the County Auditor and County Recorder/Registrar of Titles as part of the filing of the Morning Sun 3 rd Addition plat. PASSED AND ADOPTED by the City Council of the City of Lindstrom, Minnesota this 27 th day of September, ATTEST: John Olinger, City Administrator BY: Keith Carlson, Mayor Page 4 of 10

5 Exhibit A Said 5.00 foot wide strip lies to the right of and adjoins the following described line: Beginning at the northeast corner of Lot 1, Block 7, said MORNING SUN, thence on an assumed bearing of South 88 degrees 54 minutes 34 seconds West, along the north line of said Lot 1, a distance of feet; thence southwesterly, southerly and southeasterly, a distance of feet, along said north line of Lot 1 and along the northwesterly line of Outlot H, said MORNING SUN and along a tangential curve, concave to the southeast, having a radius of feet and a central angle of 130 degrees 36 minutes 52 seconds; thence southeasterly, a distance of feet, along the westerly line of said Outlot H and along a reverse curve, concave to the southwest, having a radius of feet and a central angle of 40 degrees 36 minutes 52 seconds; thence South 01 degrees 05 minutes 26 seconds East, tangent to said curve, along said westerly line, a distance of feet; thence southeasterly, a distance of feet, along the southwesterly line of said Outlot H and along a tangential curve, concave to the northeast, having a radius of feet and a central angle of 62 degrees 36 minutes 12 seconds; thence southeasterly, a distance of feet, along the southerly line of said Outlot H and along a compound curve, concave to the northeast, having a radius of feet and a central angle of 27 degrees 23 minutes 48 seconds; thence North 88 degrees 54 minutes 34 seconds East, tangent to said curve, along said southerly line, a distance of feet, to the southeast corner of said Outlot H and there terminating. The sidelines of said strip shall be prolonged or shortened to terminate on the northerly extension of the east line of said Lot 1 and on the southerly extension of the east line of said Outlot H. Page 5 of 10

6 Exhibit B Page 6 of 10

7 CITY COUNCIL REPORT TO: FROM: City of Lindström Mayor and City Council Rita Trapp and Beth Richmond, Consulting Planners DATE: September 18, 2018 SUBJECT: Trail and street vacation for Rose Hill Senior Living Rose Hill Properties APPLICANT: LOCATION: Lehigh Avenue (PINs: , , ) MEETING DATE: September 27, 2018 OVERVIEW On July 19, 2018, the City Council conditionally approved the comprehensive plan amendment, street and easement vacations, preliminary plat, rezoning, conditional use permit for a Shoreland PUD, and variances for the Rose Hill Senior Living project. One of the conditions of approval was that the applicant must secure both a trail vacation for the footpath on the southern portion of the property and a street vacation for the entire extent of Lehigh Avenue, originally platted as Shore Ave, south of Highway 8. In accordance with State Statutes, the City has published and posted notice for two weeks about the proposed vacation, as well as informed through mailed notice to all of the property owners of the Rose Hill plat. The City Council is required to hold a public hearing as part of its consideration of the request. RECOMMENDATION Given preliminary plat approval and Staff recommendation of approval for the request, a draft resolution has been prepared for your consideration. The draft resolution includes conditions that make the approval of the right-of-way vacation subject to the approval of the final plat for the Rose Hill Senior Living plat. ATTACHMENTS Preliminary plat Draft Resolution approving the Vacations Page 7 of 10

8 Page 8 of 10

9 CITY OF LINDSTROM CHISAGO COUNTY, MINNESOTA RESOLUTION NO RESOLUTION VACATING PORTION OF LEHIGH AVENUE AND FOOTPATH WHEREAS, pursuant to Minnesota Statute the Lindstrom City Council has conducted a hearing preceded by two (2) weeks published and posted notice and mailed notice to the affected property owners, to consider the vacation of a portion of City right of way legally described as: That part of Shore Avenue dedicated on the recorded plat of Rose Hill, Chisago County, Minnesota, lying south of the former southerly right of way line of Minnesota State Trunk Highway No. 8 as shown on the Minnesota Department of Transportation Right of Way Plat No , AND The Foot Path dedicated on the recorded plat of Rose Hill, Chisago County, Minnesota. ( Vacated Right of Way ); and WHEREAS, pursuant to Minnesota Statute the Lindstrom City Council has conducted a hearing preceded by two (2) weeks published and posted notice and mailed notice to the affected property owners, to consider the vacation of the foot path shown on the Rose Hill Plat; and WHEREAS, all abutting owners petitioned for its vacation; and WHEREAS, following the hearing and consideration of the proposed vacation, the Council has determined that it is in the public interest to vacate the Vacated Right of Way; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lindstrom: 1. The Vacated Right of Way is hereby vacated conditioned upon the approval of the final plat of Rose Hill Senior Living. 2. The City Clerk is directed to file a certified copy of this Resolution with the County Auditor and County Recorder/Registrar of Titles as part of the filing of the Rose Hill Senior Living plat. PASSED AND ADOPTED by the City Council of the City of Lindstrom, Minnesota this 27 th day of September, Page 9 of 10

10 BY: Keith Carlson, Mayor ATTEST: John Olinger, City Administrator Page 10 of 10

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