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Home My WebLink About9.C. Proposed Vacation of Alley-Res. No. 5877 9,C, CITY OF SHAKOPEE Memorandum CASE NO.: 03-024 TO: Mayor and City Council Mark McNeill, City Adminsitrator FROM: Mark Noble, Planner I SUBJECT: Vacation of Public Right-of-Way (Alley), Block 48, City of Shakopee, Scott County, Minnesota MEETING DATE: May 6, 2003 INTRODUCTION Scott County has submitted an application for vacation of public right-of-way (alley) south of 3rd Avenue, north of 4th Avenue, east of Fuller Street and west of Holmes Street (Block 48, City of Shakopee plat) (Exhibit A). DISCUSSION 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 April!7, 2003 meeting. ALTERNATIVES 1. Approve Resolution No. 5877, a resolution of the City of Shakopee approving the vacation of public right-of-way (alley) south of 3rd Avenue, north of 4th Avenue, east of Fuller Street and west of Holmes Street (Block 48, 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. 5877, and move its adoption. ~- Planner I RESOLUTION NO. 5877 A RESOLUTION OF THE CITY OF SHAKOPEE VACATING OF PUBLIC RIGHT-OF-WAY (ALLEY), BLOCK 48, CITY OF SHAKOPEE, SCOTT COUNTY, MINNESOTA WHEREAS, it has been made to appear to the Shakopee City Council that Public Right-of-Way (alley) south of3rd Avenue, north of 4th Avenue, east of Fuller Street and west of Holmes Street (Block 48, City of Shako pee, 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 ofthe City Hall in the City of Shako pee at 7:00 P.M. on the 6th day of May, 2003; 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 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 RESOLVED 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 right-of-way described above serves no further public purpose; 3. That the right-of-way described above is hereby vacated, subject to a condition that Scott County shall work out an easement agreement with Time Warner Cable, a relocation agreement with CenterPoint Minnegasco and a service agreement with Shakopee Public Utilities Commission. 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. 5877 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. 5877, 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 _dayof , 2003. Judith S. Cox, City Clerk SEAL CITY OF SHAKOPEE Memorandum CASE NO.: 03-024 TO: Shakopee Planning Commission FROM: Mark Noble, Planner I SUBJECT: Vacation of Public Right-of-Way (Alley) MEETING DATE: ApriI1?, 2003 Site Information Applicant: Scott County Site Location: North of 4th Avenue, South of 3rd Avenue, East of Fuller Street and West of Holmes Street Adjacent Zoning: North: Central Business (B-3) Zone South: Office Business (B-2) Zone West: Old Shakopee Residential (RI-C) Zone East: Old Shakopee Residential (RI-C) Zone Introduction The City Council has received a request from Scott County to consider the vacation of public right-of-way (alley) located north of 4th Avenue, south of3rd Avenue, east of Fuller Street and west of Holmes Street (see Exhibit A). The vacation is necessary to construct the Scott County Law Enforcement Center proposed for development on this block. Discussion The City Council will hold a public hearing on May 6,2003, to consider this vacation request. A recommendation from the Planning Commission is needed for the vacation process. The City Engineering Department has commented that City staff have been working with Scott County staff towards developing plans for the new jail, and that as part of the process, utility relocations have been discussed. The Engineering Department is confident that relocation of utilities can be accomplished and final plans will be developed in the process. Time Warner Cable has recommended conditional approval, the condition being that they are given a new underground easement to go through or around the property. The basis of the condition is to keep the cable service running down the line. They have asked that they be informed of any easement decisions so that they can redesign this area. CenterPoint Energy Minnegasco has commented that they have an existing natural gas main in this alley and that plans have been received in their engineering department. They note that a natural gas main job will be drafted soon to relocate the existing natural gas main; therefore, they currently object to the proposed vacation conditional on, and until such time as, a relocation agreement is executed reimbursing CenterPoint Energy Minnegasco the cost to relocate the natural gas main. Alternatives 1. Recommend to the City Council the approval of the vacation, subject to conditions that issues with Time Warner Cable and CenterPoint Minnegasco be addressed. 2. Recommend to the City Council the approval of the vacation, subject to other 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, the City Council approval of the vacation, subject to conditions that issues with Time Warner Cable and CenterPoint Minnegasco be addressed. Action Requested Offer and pass a motion recommending approval of the vacation. ~ Mark No Ie Planner I MEMORANDUM FOR THE TABLE CITY OF SHAKOPEE Memorandum CASE NO.: 03-024 TO: Shakopee Planning Commission , FROM: Mark Noble, Planner I SUBJECT: Vacation of Public Right-of-Way (Alley) MEETING DATE: April 17, 2003 Discussion Shakopee Public Utilities has submitted comments concerning this project; unfortunately, the staff report and packet to the Commission was completed and sent out to the Commissioners prior to our receipt of their comments. I have attached their staff review record comments for the vacation for the Commissions information. If a recommendation of approval is forwarded to the City Council, staff would like to add conditions of approval consistent with those outlined in SPUC's memorandum. ~ ~ Planner I SHAKO PEE PUBLIC UTILITIES MEMORANDUM TO: Shakopee Community Development Department ;A- FROM: Joseph D. Adams, Planning and Engineering Director SUBJECT: STAFF REVIEW RECORD COMMENTS for: Vacation of alley in Block 48 CASE NO: 03024 DATE: 4/10/03 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 Water 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 is currently reviewing the UG Electric Charge, Trunk Water Charge, and Water Connection Charge policies, possible increases will apply to all projects retroactive to 1/1/03. Proposed tunnel under 4th A venue will require lowering of existing watermain and protection of existing underground electric cables. Construction of new jail building will require removal of existing overhead electric facilities in the alley. SPU will have to reconstruct the overhead feed to the two blocks to the east to originate from overhead line in alley just east of Sommerville Street at County's expense. e~,c''''' A ~\ \Lr'm. \j_\j\-~i_~3 L_l~~J.;1 Ave-II ,0.\ \\ \__\ ~J \ \ f~. \ \-~ t _r--~ kj!U \ \ '. i.-i--.ll ~J--~ ;- nr I. ' \-,1- J:-l--i - _ r--Y-=\T~\ \-r-"\--\ -~ L.::;:::::---:':::'< \ L--r-:\ '!. \ \ L--\--'- \1'- \ \ '. '. \.l \ \ \ \--.~, \ \ -------\ II . 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