Council approves easement vacations and sale of Tamarack parcels for Highway 5 project

The City of Victoria Council on March 10 held a public hearing and then approved two connected actions to support the Highway 5 improvement project: (1) a resolution vacating drainage and utility easements and right of way for several Tamarack-area parcels, and (2) a purchase agreement to convey the parcels to Carver County at appraised value, with the county to transfer the land to the University of Minnesota for conservation and mitigation.

City Engineer Kara Garen and City Planner Brian McCann told the council the easement vacations cover several parcels east of the Lake Minnetonka Regional Trail, totaling approximately 26 acres. Garen explained the city had posted required notices and mailed owner notices within 350 feet. She described a 50-foot-wide drainage and utility easement the city is retaining on one parcel "to leave that option open for any potential future developers" and for circumstances such as septic failures or the need to extend city services.

The Minnesota Landscape Arboretum and the University of Minnesota are partners in the project; Andrew Gapinski, executive director of the Arboretum, described the Arboretum's intent to add the city-owned northern parcels to the Arboretum’s existing 80-acre Lake Tamarack property and to maintain them for conservation, habitat and light recreation. Gapinski said the Arboretum’s existing 80 acres "was acquired in 02/2014, through state funding, LCCMR, and Lessard Sams and the University Foundation" and that the Arboretum intends to keep the newly added land publicly accessible and conserved.

Why it matters: the conveyance is part of a broader intergovernmental approach to mitigate environmental impacts from the Highway 5 project, including creating habitat for the federally listed rusty patched bumblebee and consolidating land stewardship with an organization that has conservation expertise.

Public comment: James Cardwell, a resident at 7115 Kings Road, spoke in opposition to placing a 50-foot buffer in a historic railroad bed area and raised concerns about impacts to mature oak trees and bumblebee overwintering habitat. Cardwell commended the purchase agreement’s language protecting public access while urging caution about utility corridors running through sensitive areas. Tina Poulkes, a Tristan Heights resident, said she appreciated that the land would be conserved by the Arboretum.

Council action: after the public hearing the council adopted the resolution vacating drainage and utility easements and right of way for the Tamarack properties. Councilmembers noted the vacation required a four-fifths vote when the request is city-initiated; the record shows the motion met that threshold. The council then approved a purchase agreement to sell the Tamarack properties to Carver County at appraised value; the city will receive the appraised value as a credit in the joint powers agreement for the Highway 5 project rather than direct cash. The purchase agreement includes a right of reversion if the larger project does not proceed and requires public-access language and satisfaction or release of prior development agreements on the subdivided plats before closing.

On the utility corridor: staff said the 50-foot corridor was located to align with possible force-main and water-main routing and that utility installation would likely use directional drilling rather than open-cut construction. Staff emphasized any extension of utilities through the corridor would require future council approval.

Financial note: staff said the conveyed appraised value will be applied as a credit against the city's share of the Highway 5 project under the joint powers agreement, reducing the city's direct cash obligation for improvements.

Ending: The council approved both items by voice vote and closed the public hearing. Staff will finalize purchase-agreement language with the university and county attorneys, process satisfactions of prior development agreements for the affected lots, and return closing documents for council approval before conveyance.