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HomeMy WebLinkAbout9.C. Proposed Vacation of Easement-Res. No. 5907 9,C, CITY OF SHAKOPEE Memorandum CASE NO.: 03-070 TO: Mayor and City Council Mark McNeill, City Adminsitrator FROM: Julie Klima, Planner II SUBJECT: Vacation of Easement MEETING DATE: July 15, 2003 REVIEW PERIOD: June 3 - October 1,2003 INTRODUCTION Shakopee Public Utilities has submitted an application for vacation of easement located north ofCSAH 16 and west of Kelly Circle (Exhibit A). DISCUSSION The Planning Commission has reviewed this request and has recommended approval of the vacation request. Attached for your information is a copy of the Planning Commission report from the July 3, 2003 meeting. ALTERNATIVES 1. Approve Resolution No. 5907, a resolution of the City of Shakopee approving the vacation of easement north of CSAH 16 and west of Kelly Circle. 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. 5907, and move its adoption. RESOLUTION NO. 5907 A RESOLUTION OF THE CITY OF SHAKOPEE VACATING EASEMENT NORTH OF CSAH 16 AND WEST OF KELLY CIRCLE WHEREAS, it has been made to appear to the Shakopee City Council that easement located north ofCSAH 16 and west of Kelly Circle serves no public use or interest; and WHEREAS, the easement to be vacated is legally described as: The 10.00 foot drainage and utility easements dedicated on the recorded plat of Riverview Estates 2nd Addition, Scott County, Minnesota, within Lots 9 and 10 in said plat which adjoin the common line between said Lots 9 and 10 lying easterly ofthe westerly 10.00 feet of said Lots 9 and 10 and lying westerly of the easterly 10.00 feet of said Lots 9 and 10; 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 Shako pee at 7:00 P.M. on the 15th day of July, 2003; and WHEREAS, two weeks published notice was given in the SHAKOPEE V ALLEY NEWS and posted notice was given by posting such notice on the bulletin board on the main floor ofthe 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 RESOL YED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. That it finds and determines that the vacation hereinafter described is in the public interest; 2. That the easement described above serves no further public purpose; 3. That the easement described above is hereby vacated. After the adoption of the Resolution, the City Clerk shall file certified copies hereofwith the County Auditor and County Recorder of Scott County. Adopted in session ofthe City Council ofthe City of Shakopee, Minnesota, held the _ day of ,2003. Mayor ofthe City of Shakopee ATTEST: Judith S. Cox, City Clerk CERTIFICATION OF RESOLUTION NO. 5907 I, Judith S. Cox, City Clerk of the City of Shakopee, Minnesota, do hereby certify that the attached is a true and correct copy of Resolution No. 5907, presented to and adopted by the City Council ofthe City of Shakopee at a duly authorized meeting thereof held on the _ day of ,2003, as shown by the minutes of the meeting in my possessIOn. Dated this ~ day of ,2003. Judith S. Cox, City Clerk SEAL 4:Flp CITY OF SHAKOPEE Memorandum CASE NO.: 03-070 TO: Shakopee Planning Commission FROM: Julie Klima, Planner II SUBJECT: Vacation of Easement MEETING DATE: July 3, 2003 REVIEW PERIOD: June 3 - October 1, 2003 Site Information Applicant: Shakopee Public Utilities (SPUC) Site Location: West of Kelly Circle and north ofCSAH 16 Zoning: Rural Residential (RR) Zone Adjacent Zoning: North: Rural Residential (RR) South: City of Savage West: Rural Residential (RR) East: Rural Residential (RR) INTRODUCTION The City Council has received a request from Shakopee Public Utilities to consider the vacation of easement located west of Kelly Circle and north of CSAH 16 (Exhibit A). The vacation is necessary for the anticipated construction of water tanks on Lots 9 and 10, Block 1, Riverview Estates 2nd Addition. The applicant intends to complete the vacation process to eliminate the easements on either side of the common lot line of these two parcels and then pursue the minor subdivision process to combine the two parcels into a single parcel. DISCUSSION The City Council will hold a public hearing on July 15, 2003, to consider this vacation request. A recommendation from the Planning Commission is needed for the vacation process. Internal departments and outside reviewing agencies have reviewed the request and have not provided any objections. It appears that there are not any utilities located within the easement area. ALTERNATIVES 1. Recommend to the City Council the approval of the vacation. 2. Recommend to the City Council the approval of the vacation. 3. Recommend to the City Council denial ofthe request. 4. Table the decision to allow staff or the applicant time to provide additional information. STAFF RECOMMENDATION Staff recommends Alternative No.1, the City Council approval of the vacation. - _.____m ..n__m_._n _...- ACTION REQUESTED Offer and pass a motion recommending to the City Council the approval of the vacation. g: \boaa-pc\2003 \07 -03 \vac-spuc. doc _..~ RR ."-.-.-..,-.,. -...-,. ""-' '.'- "."-.'-"-'--' - ~ ~ "'d ;. ~ ~ = C3J ,.....c orizon . /ffiil ~ ~ $XHI8/rA W.E SHAKOPEE COMMUNlIY PRlDE SINCE 1857 S Vacation of Drainage and Utility Easement. D Zoning Boundary I I Parcel Boundary I _ Parcel Area in Question E'IHI alT 15 The Shakopee Public Utilities Commission (SPUC) is requesting approval for the construction of2, 2.5 million gallon water storage tanks. The subject site consists of two undeveloped lots located at the NE corner of CR 18 and CR 16 and west of Kelly Circle. The site has been identified by the City as an appropriate location for water storage. _______T4t::__~~ will be constructed on the vye~tern si_de of the site and accessed by a service ..- - .-'''''--.''''-.'. --.---.-- .-. ,_..,_._~., - road from Kelly Circle near CR 16. An eight-foot high security fence will surround the perimeter of the tanks. The tanks will be screened from public view by the existing vegetation, landscaping and proposed grading. The project requires a minor subdivision and easement vacation to combine the existing lots plus conditional use permits for a utility structure, and an eight-foot high fence. CUP FOR UTILITY STRUCTURE The tanks will be constructed and graded into the site so that only 5-7 feet of the 40- foot tall structures will be above ground. The construction of the tanks and the service road will require extensive grading. It is expected that 60,000 cubic yards of material will be removed from the site and hauled to the new SPUC service center site at 101 and Viking Steel Drive. This was authorized under the recently approved grading permit for Bid Package #1 (grading ofthe tanks site and the service center site). After the construction of the tanks, the site will be regarded and landscaped to minimize public view. A landscape plan is submitted for the replacement of lost trees. The site is heavily wooded. The project requires the removal of265 trees. The tree removal will only occur within the grading limits for the project, on the western side of the site. The trees on the eastern half of the site will not be removed, thus they are not identified within the tree survey. The tree replacement plan shows the planting of 156 trees on the site. The new trees are heavily concentrated along the eastern grading limits with a row of new trees along Kelly Circle tom provide additional buffering for the neighboring residents. The planting area around the tanks is limited due to the accessibility needed to service the tanks. In partnership with the construction of the new SPUC service center, the landscape plan sets aside 109 trees to be planted on the less wooded service center site. CUP FOR EIGHT -FOOT FENCE A conditional use permit is requested to construct an eight-foot high chain link fence around the perimeter of the tanks. The chain links will be coated with a black polymer fabric and with three-strands of barbwire along the top. The fence is needed for security and insurance purposes. Since the site will be unattended and is in a wooded area, it is necessary to provide sufficient measures to hinder trespassing and vandalism on the site. VACATION OF EASEMENT The construction ofthe water tanks requires the combination of Lots 9 and 10, Block 1, Riverview Estates 2nd Addition and the vacation of the drainage and utility easement that exists along the common lot line. The twenty-foot easement was created as part of the subdivision. No utilities exist within the easement. An administrative minor subdivision has been submitted for the combination of the two lots.