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Home My WebLink About9. Vacation of Public Right-of-Way-Res. No. 5899 9. CITY OF SHAKOPEE Memorandum CASE NO.: 03-061 TO: Mayor and City Council Mark McNeill, City Adminsitrator FROM: Mark Noble, Planner I SUBJECT: Vacation of Public Right-of-Way (Alley), Block 5, City of Shako pee, Scott County, Minnesota MEETING DATE: July 1,2003 INTRODUCTION The City Council has received a request from Scott County lIRA to consider the vacation of public right- of-way (alley) located north of 1st Avenue West, south of Levee Drive, east of Fuller Street, west of Holmes Street (Exhibit A). The vacation is necessary to construct a senior high-rise residential facility on this block, as proposed by the applicant. DISCUSSION Planning staff received comments from the City Engineering Department, the City Clerk, CenterPoint Energy Minnegasco, and Shakopee Public Utilities, which have all been incorporated in the draft resolution. Planning staff have noted that several parcels in this block are owned by the City of Shakopee, and several parcels are identified as being owned by Minnesota Department of Transportation (MnDOT). MnDOT has conveyed their interest in the property to the City, but have not yet recorded the conveyances. The City is working on the conveyance title work, title commitment insurance is secured, and all parties involved agree that the City is in control of the property in this block. PLANNING COMMISSION RECOMMENDATION The Planning Commission has reviewed this request and has recommended approval of the vacation request, with the conditions noted. Attached for your information is a copy of the Planning Commission report from their June 19,2003 meeting. ALTERNATIVES 1. Approve Resolution No. 5899, a resolution of the City of Shakopee approving the vacation of public right-of-way (alley) located north of 1st Avenue West, south of Levee Drive, east of Fuller Street, west of Holmes Street (Block 5, City of Shakopee plat). 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. 5899, and move its adoption. ~~.i .-/ Planner I RESOLUTION NO. 5899 A RESOLUTION OF THE CITY OF SHAKOPEE VACATING OF PUBLIC RIGHT-OF-WAY (ALLEY), BLOCK 5, CITY OF SHAKOPEE, SCOTT COUNTY, MINNESOTA WHEREAS, it has been made to appear to the Shakopee City Council that Public Right-of-Way (alley) located north of 1 st Avenue West, south of Levee Drive, east of Fuller Street, west of Holmes Street (Block 5, City of Shakopee, Scott County, Minnesota), serves no public use or interest; 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 I st 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 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 COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. That it finds and determines that the vacation described above is in the public interest. 2. That the right-of-way described above serves no further public purpose. 3. That the right-of-way described above is hereby vacated, and is subject to the following conditions: a. Relocation of all underground utilities will be the responsibility of the applicant and shall be approved by the City of Shakopee. b. All permits and approvals needed to relocate utilities are the responsibility of the applicant. c. Prior to recording this resolution, provide to CenterPoint Energy Minnegasco an easement for their existing natural gas main located in the alley, or an agreement that they will be reimbursed for the cost to relocate the gas main, and provide a copy of said easement! agreement to the City. 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 ,2003. . Mayor of the City of Shakopee ATTEST: Judith S. Cox, City Clerk CERTIFICATION OF RESOLUTION NO. 5899 I, Judith S. Cox, City Clerk ofthe City of Shakopee, Minnesota, do hereby certify that the attached is a true and correct copy of Resolution No. 5899, presented to and adopted by the City Council of the City of Shako pee 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 _dayof , 2003. Judith S. Cox, City Clerk SEAL 4fg Cb{\S~ CITY OF SHAKOPEE Memorandum CASE NO.: 03-061 TO: Shakopee Planning Commission FROM: Mark Noble, Planner I SUBJECT: Vacation of Public Right-of-Way (Alley) MEETING DATE: June 19,2003 Site Information Applicant: Scott County BRA Site Location: Block 5, City of Shakopee Plat (n01th of 1st Ayenue West, south of Levee Drive, east of Fuller Street, west of Holmes Street) Zoning: Central Business (B-3) Zone Adjacent Zoning: North: Minnesota River South: Central Business (B-3) Zone West: Central Business (B-3) Zone East: Central Business (B-3) Zone Attachments: Exhibit A: Location/Zoning Map Exhibit B: Survey/Proposed Development Exhibit C: City Engineering Memorandum Exhibit D: CenterPoint Energy Minnegasco Letter Exhibit E: Shakopee Public Utilities Memorandum INTRODUCTION The City Council has received a request fi:om Scott County HRA to consider the vacation of public right-of-way (alley) located north of 1st Avenue West, south of Levee Driye, east of Fuller Street, west of Holmes Street (Exhibit A). The vacation is necessary to constmct a senior high-rise residential facility on this block, as proposed by the applicant. DISCUSSION The City Council will hold a public hearing on July 1,2003, to consider this vacation request. A recommendation from the Planning Commission is needed for the vacation process. The City Engineering Department has provided a memorandum (Exhibit C) in which they recommend approval, with 2 conditions. Those conditions are I) that relocation of all underground utilities will be the responsibility of the applicant and shall be approved by the City of Shakopee, and 2) all permits and approvals needed to relocate utilities are the responsibility of the applicant. The City Clerk has commented that the vacation request, if approved, should be contingent on conditions that the alley serves no public purpose and that no utilities are located within the alley or that they would be relocated as necessary. CenterPoint Energy Minnegasco has provided a letter (Exhibit D), which expresses an objection to the proposed alley vacation unless an easement is reserved for their existing natural gas main located in the alley, or that the applicant reimburses them the cost to relocate the gas main. Shakopee Public Utilities has provided a memorandum (Exhibit E), which includes a comment that the applicant should contact them directly for specific requirements relating to their project. Planning staff have noted that the property on this block is either owned by the City or has been conveyed to the City by Minnesota Department of Transportation (MnDOT). ALTERNATIVES 1. Recommend to the City Council the approval of the vacation, subject to conditions. 2. Recommend to the City Council the approval of the vacation, subject to revised conditions. 3. Reconmlend 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, the City Council approval of the vacation, subject to conditions. ACTION REQUESTED Offer and pass a motion recommending approval of the vacation. ~ Planner I e"t\04,., T A. ~ SHAKOPEE CoMl<l1JNm'PtuDESlNa. taS7 S Vacation of Right-of-way o Zoning Boundary . i Parcel Boundary -- _ Parcel Area in Question f\,( ~ '& ,,.. c..... City of Shakopee Memorandum TO: Mark Noble, Planner I r., FROM: Scott A Smith, Assistant City Engineer ; ,",,-:.:.;;;Z;W c:::-;:;Ctk. SUBJECT: Vacation of Right-of- Way Pill No.: 27-001059-0 through 27001067-0 CASE No.: 03061 DATE: June 11,2003 The application indicates a desire to vacate Right -of-Way (ROW) North of 15t A yenue East, South of the Mimlesota River, East of Fuller Street and West of Holmes Street (see site plan submitted with application). After reviewing the referenced application, I have the following recommendation for the applicant and planning department: Recommendation 1. Approve Vacation ofthe ROW indicated on the site plan submitted by the applicant under the following conditions: a. Relocation of all underground utilities will be the responsibility of the applicant and shall be approved by the City of Shakopee. b. All permits and approvals needed to relocate utilities are the responsibility of the applicant. ~""'\ Ga \T 0 . CenterPointTM 700 West Linden Avenue PO Box 1165 ""fWr'$~ Energy Minneapolis, MN 55440-1165 Minnegasco June 9, 2003 Mark Noble Planner 129 South Holmes Shakopee, MN. 55379 RE: Proposed alley vacation of Block 5, Plat of Shakopee Dear Mr. Noble: With reference to the proposed alley vacation mentioned above, CenterPoint Energy Minnegasco does have an existing natural gas main in a small portion of the alley proposed to be vacated. Since this gas main is an -important part of CenterPoint Energy Minnegasco's distribution system in this area, we must object to this proposed vacation unless suitable easement rights are reserved to CenterPoint Energy Minnegasco, pursuant to MnSta 160.29 & MnRule 7819.3200. Please reserve an easement to CenterPoint Energy Minnegasco, 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 alley vacation: That part of east-west alley in Block 5, Plat of Shakopee which lies 10.00 feet northwesterly, measured at right angles, of the northwesterly line of 1 st Avenue West. We may consider removing our objection should the petitioner wish to reimburse CenterPoint Energy Minnegasco the cost of relocating the existing gas main. To discuss this and any other options that may be available please have the petitioner contact Rick Pilon, Senior Administration Engineer, at 612-321-5426. Thank you for the advance notice and please send me a copy of the final action on this proposal. Respectfully, CENTERPOINT ENERGY MINNEGASCO ~h!f~ Steven Van Bargen Right-of-Way Administrator JUN-12-2003 10:39 SHAKOPEE PUBLI cu., ! L! I ! I=.~ ;;1....,1-::......'""1'.".,' 11...11 I . CJ'-' ~""" tb ,,.. Ii.. . SHAKO PEE PUBLIC UTILITIES MEMORANDUM TO: Shakopee Community Development Department FROM: Joseph D. Adams, Planning and Engineering Directo SUBJECT: ST AFF REVIEW RECORD COMMENTS for: Vacation of Right of Way CASE NO: 03061 DATE: ~ayO? COMMENTS: Municipal water service is available subject to our standard terms and conditions. These include, but are not limited to: installing a lateral water main distribution system in accordance with utility policy, paying the associated inspections costs, paying the Trunk 'V-/ater Charge, and paying the Water Connection Charge. , Underground electric service is available subject to our standard terms and conditions. These include, but are not limited to: entering into an Underground Distribution Agreement, granting any necessary easements, and paying the associated fees. Street Lighting installation is available subject to our standard terms and conditions~ These are contained in the current City of Shakopee Street Lighting Policy. Applicant must pay the associated fees. Applicant should contact Shakopee Public Utilities directly for specific requirements relating to their project. Note: SPUC recently increased the rates for the UG Electric Charge, Trunk Water Charge, and Water Connection Charge. The new rates will apply to this proposed project. I - - e -- e - E)Ct't 'b\T b - --' - , -' -' 0 20 40 ---,-- ' llI8LE . 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