HomeMy WebLinkAbout7. vacation of Adams Street between 2nd and 3rd Avenues and adjacent alleys-Res. No. 6718 CITY OF SHAKOPEE
Memorandum
CASE NO.: 08-003
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Mark Noble, Planner II
SUBJECT: Vacation of 60 foot by 300 foot segment of road right-of--way (Adams
Street), one eight (8) foot by 150 foot segment of alley, and one 16
foot by approximately 220 foot segment of alley
MEETING DATE: January 15, 2008
REVIEW PERIOD: November 22, 2007 -March 20, 2008
INTRODUCTION
The City has received a request from Rahr Malting Company to consider the vacation of a 60
foot by 300 foot segment of road right-of--way (Adams Street), one eight (8) foot by 150 foot
segment of alley, and one 16 foot by approximately 220 foot segment of alley, with both
alleys adjacent to Adams Street (Exhibits A & B). The northerly eight (8) feet of the 150 foot
segment of alley (located west of Adams Street) has been previously vacated.
The applicant is requesting the vacation to allow for the consolidation of their property
(they own all adjoining lots). Their plans for the property are to provide access for truck
delivery of grain and biomass for the Rahr Malting Company/Koda Energy operations. If
approved, the applicant will proceed with a plat application to complete the consolidation
process, and they will continue to work with staff to ensure that accessibility to the utilities
will not be impacted.
DISCUSSION
The Planning Commission has reviewed this request and has recommended approval of the
vacation by a 7-0 vote. The staff report is attached for the Council's information..
ALTERNATIVES
1. Approve Resolution No. 6718, a resolution of the City of Shakopee approving the
vacation of a 60 foot by 300 foot segment of road right-of--way (Adams Street), one
eight (8) foot by 150 foot segment of alley, and one 16 foot by approximately 220 foot
segment of alley, with both alleys adjacent to Adams Street, subject to the applicant
dedicating a drainage and utility easement, in place of the Adams Street public right-
of-way, so as to adequately encompass the alignment of existing utilities. This
drainage and utility easement shall be reserved for the City, .Shakopee Public Utilities
Commission, and CenterPoint Energy, and filed with the Scott County Recorders office,
over all of the area of the proposed street vacation.
2. Deny the proposed vacation.
3. Continue the public hearing.
4. Close the public hearing and table the request to allow staff or the applicant time to
provide additional information.
ACTION REQUESTED
Offer a motion to approve Resolution No. 6718, and move its adoption.
Mark oble
Planne
h:\cc\2008\01-15\VAC Rahr08003.doc
RESOLUTION N0.6718
A RESOLUTION OF THE CITY OF SHAKOPEE VACATING THE 60 FOOT BY 300
FOOT SEGMENT OF ROAD RIGHT-OF-WAY (ADAMS STREET), ONE EIGHT (8) FOOT
BY 150 FOOT SEGMENT OF ALLEY, AND ONE 16 FOOT BY APPROXIlVIATELY 220
FOOT SEGMENT OF ALLEY, WITH BOTH ALLEYS ADJACENT TO ADAMS STREET
WHEREAS, it has been made to appear to the Shakopee City Council that the 60 foot by
300 foot segment of road right-of--way (Adams Street), one eight (8) foot by 150 foot segment of
alley, and one 16-foot by approximately 220 foot segment of alley, with both alleys adjacent to
Adams Street, serve no public use or interest; and
WHEREAS, the alley/public street right-of--way to be vacated is legally described as:
Thatpart ofAdams Street, as dedicated and delineated in Koeper's Addition to the City of Shakopee,
according to the recorded plat thereof, Scott County, Minnesota, lying north of the northerly right of
way line of Third Street and south of the southerly right of way line of Second Street.
And
That part of the alley in Block 3 of said Koeper's Addition to the City of Shakopee, lying west of the
east line of Section 2, Township I1 S, Range 23, Scott County, Minnesota.
And
The south half of the alley in Block 10, of said Koeper's Addition, lying east of the northerly
extension of the west line of Lot 4, in said Block 10; and
WHEREAS, the Shakopee Planning Commission considered the request at its meeting of
January 3, 2008, and unanimously recommended approval with conditions to the City Council; and
WHEREAS, a public hearing to consider the action to vacate was held in the Council
Chambers of the City Hall in the City of Shakopee at 7:00 P.M. on the 15th day of January,
2008; and
WHEREAS, two weeks published notice was given in the SHAKOPEE VALLEY NEWS
and posted notice was given by posting such notice on the bulletin board on the main floor of the
Scott County Courthouse, the bulletin board at the U.S. Post Office, the bulletin board at the
Shakopee Public Library, and the bulletin board in the Shakopee City Hall; and
WHEREAS, all persons desiring to be heard on the matter were given an opportunity to be
heard at the public hearing in the Council Chambers in the City of Shakopee.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCII. OF THE CITY
OF SHAKOPEE, NIINNESOTA:
1. That it finds and determines that the vacation of the City's road and alley
right-of--way interests hereinafter described is in the public interest.
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SHAKOPEE, NIINNESOTA:
2. That the public rights-of--way described are vacated subject to the following
condition;
a. The City reserves to itself, the Shakopee Public Utilities Commission,
and CenterPoint Energy, perpetual easements on, under, and over the
vacated Adams Street and alley right-of--way for drainage and other
utility purposes, including but not limited to the right to maintain,
install, and repair drainage, sanitary sewer, water, electrical, gas, or
telephone facilities in the vacated Adams Street public right-of--way.
After the adoption of the Resolution, the City Clerk shall file certified copies hereof with
the County Auditor and County Recorder of Scott County.
Adopted in session of the City Council of the City of Shakopee, Minnesota, held
the day of , 2008.
Mayor of the City of Shakopee
ATTEST:
Judith S. Cox, City Clerk
CITY OF SHAKOPEE
Memorandum
CASE NO.: 08-003
TO: Shakopee Planning Commission
FROM: Mark Noble, Planner II
SUBJECT: Vacation of 60 foot by 300 foot segment o~road right-of--way (Adams Street), one eight
(8) foot by 150 foot segment of alley, and one 16 foot by approximately 220 foot segment
of alley
MEETING DATE: January 3, 2008
REVIEW PERIOD: .November 22, 2007 -March 20, 2008
SITE INFORMATION:
Applicant: Rater Malting Company
Location: 800 1St Avenue West
Existing Zoning: Heavy Industry (I-2) Zone
Adjacent Zoning: North: Heavy Industry (I-2) Zone
East: Heavy Industry (I-2) Zone
South: Old Shakopee Residential (R-1C) Zone
West: Heavy Industry (I-2) Zone
Comp. Plan: Industrial
MUSA: The site is within the MUSA boundary.
Attachments: Exhibit A: Location and Zoning Map
Exhibit B: Proposed Vacation Plan
Exhibit C: Engineering Staff Memorandum
Exhibit D: Shakopee Public Utilities Commission Memorandum
Exhibit E: CenterPoint Energy Letter
INTRODUCTION
The City has received a request from Rater Malting Company to consider the vacation of a 60 foot by 300 foot
segment of road right-of--way (Adams Street), one eight (8) foot by 150 foot segment of alley, and one 16 foot by
approximately 220 foot segment of alley, with both alleys adjacent to Adams Street (Exhibits A & B). The
northerly eight (8) feet of the 150 foot segment of alley (located west of Adams Street) has been previously
vacated.
The applicant is requesting the vacation to allow for the consolidation of their property (they own all adjoining
lots). Their plans for the property are to provide access for truck delivery of grain and biomass for the Rater
Malting Company/Koda Energy operations. If approved; the applicant will proceed with a plat application to
complete the consolidation process, and they will continue to work with staff to ensure that accessibility to the
utilities will not be impacted.
r:
CONSIDERATIONS
The City Council will hold a public hearing on January 15, 2007 to consider this vacation request. A
recommendation from the Planning Commission is required for the vacation process.
City, County and other outside agencies were given the opportunity to review and provide comments regarding
this application. The City Public Works Department have commented that should Adams Street right-of--way be
vacated, the applicant shall dedicate a drainage and utility easement, in place of the right-of--way, so as to
adequately encompass the alignment of existing utilities and to allow for sewer access and future replacement.
There exists a 15 inch sanitary sewer main in the Adams Street right-of--way.
The City Engineering Department has provided a memorandum which identifies their concerns and
recommendation. They do not have any concerns or conditions regarding the alley vacations; however, they do
have concerns with the vacation of Adams Street right-of--way as it would eliminate access to Lot 7, Block 10,
Koeper's Addition (owned by Rahr Malting Company) and may result in future encroachment issues that would
compromise staff's enforcement efficiency. They did add that should the vacation be approved as requested,
that drainage and utility easements shall be dedicated in accordance with requirements set forth by the most
recent edition of the City of Shakopee Design Criteria.
The City Clerk commented that should this vacation be approved, that the City shall retain easements to any
existing utilities.
Shakopee Public Utilities Commission provided a memorandum that addressed their concerns, noting that they
have an overhead electric distribution line within the Adams Street right-of--way. If approved, they recommend
that an easement be retained for this utility line.
CenterPoint Energy provided a letter which stated that there is an existing natural gas main in the Adams Street
right-of--way; therefore, they object to the vacation unless suitable easement rights are reserved to CenterPoint
Energy or if the applicant wishes to reimburse them for the cost of relocating the existing gas main.
ALTERNATIVES
1. Recommend to the City Council the approval of the vacation, subject to the applicant dedicating a
drainage and utility easement that encompasses the entirety of the Adams Street right-of--way proposed
for vacation, so as to adequately encompass the alignment of existing utilities. This drainage and utility
easement shall be approved by the City, SPUC, and CenterPoint Energy.
2. Recommend to the City Council the approval of the vacation, subject to revised conditions.
3. Recommend to the City Council denial of the request.
4. Table the decision to allow staff or the applicant time to provide additional information.
STAFF RECOMMENDATION
Staff recommends Alternative No. 1, recommend to the City Council approval of the vacation, subject to
conditions noted in this report.
ACTION REQUESTED
Offer and pass a motion recommending approval of the vacation, subject to conditions.
Mark Nobler
Planner II
h:\boaa-pc\2008\~~' -J3\VAC Rahr 08003.doc
Shakopee -Location Maps Page 1 of 1
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http://gis.logis.org/shakopee/locationmap/map.asp?title=Vacation+of+Adams+Street+and... 11 /28/2007
City of Shakopee
' Memorandum
TO: Mark Noble, Planner II
FROM: Joe Swentek, Project Engineer 'cep
SUBJECT: Vacation of Adams Street Between 2nd Avenue and 3rd Avenue (and
adjacent alleys)
PID NO.: Right-of--Way
CASE NO.: -08003
DATE: December 21, 2007
The application indicates a request to vacate a portion of the Adams Street right-of--way
north of 3rd Avenue to 2nd Avenue (railroad tracks). The request is to vacate the two (2)
adjacent alleys located to the west and to the east of the aforementioned Adams Street right-
of-way.
After reviewing the above referenced application, the engineering department has the
following comments for the applicant and the planning department:
1. The Adams Street right-of--way contains a fifteen (15) inch trunk sanitary sewer
main.
2. Vacating the Adams Street right-of--way and obtaining a drainage and utility
easement in its place may result in future encroachment issues and it may require
unnecessary staff time spent on enforcement.
3. Lot 7, Block 10 of the Koeper's Addition has no other means of access other than
the Adams Street right-of--way.
4. The adjacent alleys to the west and to the east of the aforementioned Adams Street
right-of--way contain no public utilities.
5. The adjacent alleys to the west and to the east of the aforementioned Adams Street
right-of--way terminate and connect to no other alleys.
H:\EMPLOYEF FOLDIItSVSwentek\Sta&:Reviews\Vacate\Case.Number.0003.Vacate.RW (Adams St Rahr).doc
Page I oft
Recommendation
~lacating the Adams Street right-of--way would eliminate access to Lot 7, Block 10 of the
1~oeper's Addition and it may result in future encroachment issues that would result in
unnecessary staff time spent on enforcement. Therefore, the engineering department
recommends denial of the request to vacate the Adams Street right-of--way.
However, should the Planning Commission choose to vacate the Adams Street right-of-
way, the engineering department suggests requiring the dedication of a drainage and utility
easement in accordance with requirements set forth by the most recent edition of the City of
Shakopee's Design Criteria. In addition, the engineering department would recommend
requiring a drainage and utility easement, ten (10) feet in width, adjacent to the 3rd Avenue
right-of--way.
Vacating the alleys adjacent to the Adams Street right-of--way would not compromise
access to any existing lots, nor would it compromise any existing public utilities or
alignments of any future public utilities. Therefore, the engineering department has no
conditions to attach to an approval to vacate the alleys,. should the Planning Commission
choose to do so.
K:IEMPLOYEEFOLDERSUSwentek\Staff.Reviews\Vacate\Case.Number.0003.Vacate.RW(AdamsSt_Rahr).doc
Page 2 of 2
~ SHAI~OPEE PLTI3LIC UTILITIES COMMISSI®N
"Lighting the Way - Yesterday, Today and Beyond"
MEMORANDUM
TO: Shakopee Community Development Department
FROM: Joseph D. Adams, Planning and Engineering Director
SUBJECT: STAFF REVIEW RECORD COMMENTS for:
Vacation of Adams Street between 2°d Avenue
and 3ra Avenue and Adjacent Alleys
CASE NO: 08003
DATE: 12/13/07
COMMENTS:
Applicant should contact Shakopee Public Utilities directly for specific requirements
relating to their project.
Note: Shakopee Public Utilities has an overhead electric three-phase distribution
line within the existing Adams Street right-of--way. The line is located on the
eastern half of the right-of--way. A 30 foot utilities easement shall be retained
for this line on the east half of the to be vacated street. See attached
illustration.
Post Office Box 470 ~ 255 Sarazin Street ~ Shakopee, Minnesota 55379-0470
(952) 445-1988 ~ Fax (952) 445-7767
www. shakopeeutilities . com
~~1~'~9'~t~B~~'a ~ 700 West Linden Avenue
PO Box 1165
E~l~lg~/ Minneapolis, MN 55440-1165
December 20, 2007
Mark Noble
Planner
129 South Holmes
Shakopee, MN. 55379
RE: Proposed Street vacation of Adams Street
Dear Mr. Noble:
With reference to the proposed street vacation mentioned above, CenterPoint Energy
does have an existirg natural gas main in that portion of Adams Street proposed to be
vacated.
Since this gas main is currently active and in use, we must object to this proposed
vacation unless suitable easement rights are reserved to CenterPoint Energy, pursuant
to MnSta 160.29 & MnRule 7819.3200,.
Please reserve an easement to CenterPoint Energy, created by and within the
document establishing the street vacation and filed with the Scott County
Recorders office, over the following area of the proposed street vacation:
The East Half of that part of Adams Street which lies between the southerly
right-of-way line of 2"d Street and the northerly-right-of-way line of 3`d Street.
We may consider removing our objection should the petitioner wish to reimburse
CenterPoint Energy the cost of relocating the existing gas main. To discuss this and
any other options that may be available please have the petitioner contact Andrew
Balgobin, Administrative Engineer, at 612-321-5426.
CenterPoint Energy does not have. any .natural gas- facilities in the alleys referenced in
this proposal and has no objection to the vacation of the alleys.
Thank you for the advance notice and please send me a copy of the final action on
this proposal
Respectfully,
CENTERPOINT ENERGY.
Steven Vori Barger
Right-of-Way Administrator
pc: Andrew Balgobin, Administrative Engineer
Pat Hanson, CenterPoint Energy
Fax #952.496.7027
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