HomeMy WebLinkAbout7.A. Vacation of Public Right-of-Way-Res. No. 6402
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CITY OF SHAKOPEE
Memorandum
CASE NO.: 06-035
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Mark Noble, Planner II
SUBJECT: Vacation of Public Right-of-Way (Street and Alley)
MEETING DATE: April 18, 2006
INTRODUCTION
Robin McCullough has made application for a vacation of public rights-of-way of 4th Avenue West and 5th
Avenue West located between Webster and. Adams Streets, Webster Street between 4th and 5th A venue, and
alley adjacent to Webster between 4th and 5th Avenue the property identified above (Exhibit A). Mr.
McCullough has submitted an extensive amount of information that expresses his rationale for the request
(Exhibit B). The main concerns appear to be that a number of inappropriate activities occur on this property,
that high speed traffic presently uses the alley and a portion of Webster, and that the applicant desires
additional land for his use.
DISCUSSION
The Planning Commission has reviewed this request and has recommended denial of the vacation by a 6-0 vote.
The. Commission spent a considerable amount of time discussing the issues raised by the applicant; however,
they did concur with staff s findings and recommended that the Council deny the request. The Commission did
request that if this vacation is denied, that the City entertain thoughts to provide fencing/barriers at strategic
locations to dissuade inappropriate use/access to this property. Attached for the Council's information is a
copy of the Planning Commission report from their April 6, 2006, meeting.
ALTERNATIVES
1. Approve Resolution No. 6402, a resolution of the City of Shakopeedenying the vacation of right-
of-way as requested.
2. Approv~ Resolution No. 6402, a resolution of the City of Shakopee denying the vacation of right-
of-way, with modifications.
3. Approve the proposed vacation, and direct staff to prepare a resolution for the Council's consent
agenda that is consistent with that decision.
4. Continue the public hearing.
5. 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. 6402, a resolution of the City of Shakopee denying the vacation of
right-of~way, and move its adoption.
h:\CC\2006\04-18\vacmccullough06035.doc
RESOLUTION NO. 6402
A RESOLUTION OF THE CITY OF SHAKOPEE VACATING
RIGHTS-OF-WAY OF 4TH AVENUE WEST AND 5TH AVENUE WEST BETWEEN
WEBSTER STREET AND ADAMS STREET, WEBSTER STREET BETWEEN 4TH
A VENUE AND 5TH A VENUE, AND 60 FEET OF ALLEY EAST OF WEBSTER STREET
BETWEEN 4TH A VENUE AND 5TH AVENUE
WHEREAS, it has been made to appear to the Shakopee City Council that rights-of-way of 4th Avenue
West and 5th Avenue West located between Webster and Adams Streets, Webster Street between 4th and 5th
A venue, and alley adjacent to Webster between 4th and 5th A venue serve no public use or interest; and
WHEREAS, the rights-of-way to be vacated are legally described as:
Vacation of Right-Of-Way of 4th Avenue West and 5th Avenue West between Webster Street and
Adams Street, Webster Street between 4th Avenue and 5th Avenue, and 60 feet of alley East of Webster
Street between 4th A venue and 5th Avenue; 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 18th day of April, 2006; 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 hereinafter described is not in the public interest;
2. That the rights-of-way described above do serve further public purpose; and
3. That the rights-of-way described above are hereby not vacated.
Adopted in session of the City Council of the City of Shako pee, Minnesota, held the _ day of
,2006.
Mayor of the City of Shakopee
ATTEST:
Judith S. Cox, City Clerk
#11
CITY OF SHAKOPEE
Memorandum
CASE NO.: 06-035
TO: Shakopee Planning Commission
FROM: Mark Noble, Planner IT
SUBJECT: Vacation of Public Right-of-Way (Street and Alley)
MEETING DATE: April 6, 2006
SITE INFORMATION:
Applicant: Robin McCullough
Location: . Vacation of Right-Of-Way of 4th Avenue West and 5th Avenue West between
. . ili ili
Webster Street and Adams Street, Webster Street between 4 A venue and 5
A venue, and 60 feet of alley West of Cass Street between 4ili A venue and 5th
Avenue (see Exhibit A)
INTRODUCTION
Robin McCullough has made application for a vacation of public right-of-way for the property identified
above (Exhibit A). Mr. McCullough has submitted an extensive amount of information that expresses
his rationale for the request (Exhibit B). The main concerns appear to be that a number of inappropriate
activities occur on this property, that high speed traffic presently uses the alley and a portion of Webster,
and that the applicant desires additional land for his use.
CONSIDERATIONS
The City Council will hold a public hearing on Tuesday, April 18, 2006 to consider this vacation request.
A recommendation from the Planning Commission is required for the vacation process.
Xhe City Clerk recommended that if the vacation is approved, a condition of approval shall be that
easements shall be reserved for utilities, where appropriate~ .
The Natural Resource Specialist provided a memorandum, recommending denial ofthe request because
this area is identified as a good quality natural resource conidor due. to the presence of woodlands and
slopes, and that a proposed transportation trial is identified on the approved Natural Resource Conidor
map that connects Holmes Park and Riverview Park via 4th Avenue West.
Shakopee Public Utilities Commission provided a memorandum noting that if the right-of-ways are
vacated, then the city should retain utility easements as there is an approved recommendation to install a
trunk watermain between 6th Avenue and 3rd Avenue along Webster street plus a watermain on 4th
A venue between Webster and Cass Street to improve fire flows to the west side of the city.
City Engineering provided a memorandum, noting that vacating the proposed rights-of-way would
eliminate the possibility for future street extensions and potentially add unnecessary costs to future street
and utility construction/extension.
City staff have noted that existing storm and sanitary sewer are located in the segment of Webster Street
that is proposed to be vacated. It also appears from the comments noted above that there are several
proposed projects of the city and other agencies that would utilize these rights-of-way. Additionally, there
are a number of platted lots adjacent to the segments of 4th Avenue and 5th Avenue proposed to be
vacated, Those . lots would become non-conforming lots, as they would no longer have frontage on a
public right-of-way. Presently, the majority of these lots are currently undeveloped. If the rights-of way
were vacated, future development of those lots may not be feasible or could result in the city having to
purchase back this property for development of those properties to occur. Based on these reasons and
those noted by the other review agencies, staff recommends that the vacation request be denied.
ALTERNATIVES
1. Recommend to the City Council the approval of the vacation, as presented.
2. Recommend to the City Council the approval of the vacation, subject to 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.3, recommend to the City Council denial of the vacation of public
right-of-way.
ACTION REQUESTED
Offer and pass a motion recommending denial of the vacation. -:a;t
~
Planner II
h: \boaa-pc\2006\04.06\vacmcculIough0603 5 .doc
Shakopee - Location Maps Page 1 of 1
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CoMMUNlTYPRlDESlNcr 1851 S c::::=J Zoning Boundary
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. Vacation of Right-of-way for 4th Avenue West
between Webster Street and Adams Street, 5th
Avenue West between Webster Street and
Adams Street, Webster Street between 4th
Avenue West and 5th Avenue West and 60' of
alley west ofCass Street between 4th Avenue
and 5th Avenue.
tK-H (if:> rr- J:J
Vacation Petition
Petition to vacate segments of the following un..buildt right..ofMwa.y
and a portion of a connecting alley:
. 4th Avenue West, between. Webster and Adams Streets
. 5th Avenue West, between Webster and Adams Streets
. Webster Street, north of 5th and south of 4th Avenues
. Block 64 Alley, western 60', adjacent to Lots 1 and 10
This petition is an adjunct to the proposed City of Shakopee Street
Reconstruction Project Number 2006..2. Please refer to the Feasibility
Report for this project to view engineering maps or other information regarding:
. Proposed Street Improvements
. Storm Sewers
. Sanitary Sewers
. Water Mains
. Assessment Rolls
Submitted By: Mr. Robin R. McCullough
935 5th Avenue West
Shakopee, Minnesota 55379-1125
612-384-3610
rmortis7 @earthlink.net
Table of Contents
Introduction Page 1
Background Page 1
Existing Conditions Page 1
Scope Page 2
Proposed Action Page 3
Utility Considerations Page 4
Additional Vacated Right-of-Way Page 5
Sanitary Forcemain Page 5
Estimated Costs Page 6
Letters of Petition Page 6
Conclusion Page 7
Appendix Page 8
1. Introduction
This request to vacate segments of the previously listed un-built street right-
of-ways and a portion of an alley, is provoked by a number of problematic
activities, which are primarily due to the available and unmonitored public
access into these private areas.
2. Background [Map 1]
The design of the western alley entrance to the City of Shakopee Plat 27001,
Block 64, provides uncontrolled access to:
. The State Department of Corrections Property, posted "No
Trespassing".
. The un-built street right-of-way, between 4th and 5th Avenues, known
as Webster Street.
. The privately owned "Lots", numbering 10-9-8-7 of Block 64, posted
"Private Property".
There is no reason for the general public to have access to these unique
areas, yet the alley provides the ability to migrate, east / west, from Adams
Street to Cass Street, via the "trail" traversing the State' DOC Property and
the alley of Block 64.
3. Existing Conditions [Map 1]
These areas are used illegally by snowmobiles, motorcycles, ATV's and an
occasional 4WD utility vehicle or full-size pick-up. The "trail" on the State
Property provides access to the northwest portion of that property, for the
purpose of lawn mowing and other utility needs,. as seen-fit by the officials of
the Correctional Facility. It was never intended for the purpose of public
movement or travel. This draws attention to Lots 7-8-9-10 of Block 64 and
allows access for the following witnessed or unobserved activities:
. Trespassing
. Dumping
. Parking
. Theft
. Graffiti
. Vandalism
. Illegal vehicle operation
. Drug and alcohol consumption
. Abandon stolen property
. Public urination
. Wandering foot and bicycle traffic
Page 1
Extending to the north, from the intersection of the 900 Block of West 5th
Avenue and Webster Street, deploys a "dog-leg-alley", connecting to the
western [alley] entrance of Block 64. This creates a "blind", 90-degree curve,
right at the northwest corner of my northern, ailey-facing garage. This
design makes it difficult and dangerous to manipulate a large vehicle [motor
coach] in and Ol..lt of this garage [20 x 30]. This process requires crossing the
alley at a perpendicular, which completely occludes the "blind" path of the
90-degree curve. The previously mentioned "activities" and the above-
mentioned "design", exacerbate the probability of an occurrence at this
location.
The un-built portion of Webster Street, between 4th and 5th Avenues and the
western alley access to Block 64, provides an unmonitored breech, instigating
the previously described behaviors and activities. There is a Storm Sewer,
running "south to north" within this right-of-way, presenting 2 "serviceable"
manholes. There is also a private Sanitary Force Main owned by Rahr
Malting, running "north to south" within this right-of-way, presenting 1
"serviceable" manhole.
5th Avenue, between Webster and Adams Street, is an un-built right-oF-way,
which traverses east / west across the DOC Property. It is unknown if this
right-oF-way has been previously vacated. This area represents the property
where the "old prison" operated, . prior to 1986. There are no known
"serviceable" utilities, above or below grade, within this right-of-way.
4th Avenue, between Webster and Adams Street, is an un-built street right-of-
way, which traverses east / west across the northern boarder of the DOC
Property. It is presumed that this easement is not vacated. This un-built
right-of-way forms a "trail", which leads easterly from Adams Street, to the
un-built intersection of Webster Street and 4th Avenue. This allows access for
service vehicles to reach the storm sewer manhole at this "intersection". This
is the only known utility, above or below grade, within this right-Of-way.
4. Scope [Map 1]
I am the owner of Lots 1 and 10, Block 64, which are the only residential
properties abutting this portion of the Webster Right-of-Way. I have been
advised that Lot 10 is "un-buildable"~ due to the lack of actual "street
frontage". Therefore, it would seem prudent and is my desire to "tie" these 2
properties together [Lot 1 and Lot 10], without an access to the general
public [alley of Block 64] running through the center of these private areas.
The action of vacating this portion of Webster Street would allow the ability
to regain control of this property and clean up this vulnerable corner of town,
as this area has sustained a great deal of abuse throughout the years. This
action would also allow for a considerably safer and more pleasing
environment for the homeowners in this neighborhood to live within.
Page 2
This proposal would not restrict full, rear access to the properties at 919, 911
or 903 5th Avenue West. However, the approach to the alley would be limited
to the east [from Cass Street], for these addresses. All above and below
grade utilities would remain accessible and there would be nothing to impede
routine services, such as garbage collection, snow plowing or tree trimming.
5. Proposed Action [Maps 1, 2,3]
. . Vacate the previously mentioned portion of 4th Avenue, maintaining the
current access to the Storm Sewer Manhole. Erect a gated, chain-link
fence at the northwest corner of the DOC property, preventing continued
access to this right-of-way by the general public from Adams Street, yet
providing controlled, "gated" access to Public Works Vehicles. Revert the
full, 80-foot width, at its 380-foot length, to the abutting property owners
of K. W. O'Brien &. Associates, Grace Marie LLC, and The
Department of Corrections. This right-of-way appears to serve no
public use or interest.
. Vacate the previously mentioned portion of 5th Avenue. Revert the full,
80-foot width, at its 380-foot length, back to The Department of
Corrections. This right-of-way appears to serve no public use or
interest.
. Vacate the previously mentioned portion of Webster Street. Maintain
current access to the Storm Sewer and Sanitary Force Main Manholes, via
the remaining "old alley" surface. Revert the full, 80-foot width, at its .
360-foot length, to the abutting property owners of Block 65, Lot 1 and
Lot 10 and The Department of Corrections. The western entrance to
the "old alley" would become a private driveway, leading to the rear of
935 . 5th Avenue West and would be "shared" with the DOC for
maintenance access to their property. The addresses of 919, 911 and 903
Fifth Avenue West, and 408 Cass Street would continue to access the alley
of Block 64 from the east. The "old alley" would no longer be a "thru-
way", however, the perpetual gravel easement would exist as a utility and
maintenance access. Post the eastern entrance to the "old alley" as "NO
OUTLET" and post the western entrance to the "old alley" as "PRIVATE
ACCESS ONL V".
· . Vacate the most western 60-feet of the "old alley" of Block 64. Revert the
full 32-foot width, at its 60-foot length, to the abutting property owner of
Block 65, Lot 1 and Lot 10. There are no known above or below grade
utilities within this easement. This would allow the ability to "tie" Lots 1
and 10 together and utilize the property in the. manner that it was
originally designed and intended.
Page 3
6. Utility Considerations [Map 2]
. Watermain:
There are no known watermains in these areas.
. Storm Sewer:
The Storm Sewer runs south to north, within the Webster Street right-of-
way, located approximately 32 feet from the property line of Block 64, Lot
1 and Lot 10.
. Sanitary Sewer:
The "Sanitary Sewer Forcemain" runs north to south, within the Webster
Street right-of-way, located approximately 46 feet from the property line
of Block 64, Lot 1 and Lot 10. This is privately owned by Rahr Malting.
There are no known "City" Sanitary Sewer Lines within these right-of-
ways.
. Electrical SerVice:
There are no known above or below grade Electrical Services.
. Telephone Service:
There are no known above or below grade Telephone Service Lines.
. Natural Gas:
There are no known Natural Gas Services.
. Cable Television Service:
There are no known Cable Television Service Lines.
. Trash Collection:
There is no "alley" trash collection for Block 64 per City Resolution. All
trash and recycling is collected curbside for both Cass Street and the 900
Block of 5th Avenue West. Collection vehicles are not allowed in the alley
of Block 64.
. Tree Trimming:
Shakopee Public Utilities would continue to have full access to tree
trimming, as on any easement within the City.
Page 4
Snow Plowing:
Snow removal is accomplished with pick-up trucks rendering front-end
plows. The eastern 240 feet of the alley of Block 64 would still be plowed
in the current fashion, stopping at the eastern [60-foot] property line of
Lot. 1 and Lot 10. The responsibility of snow removal from the western
entrance of the "old alley" would revert to the abutting property owners.
The following are 3 examples of "dead-end" alleys in the City of Shakopee
where snow plowing is easily achieved, in lieu of the fact that the alley is
not a "thru-way":
. South of Tenth Avenue, between Clay and Pierce Streets.
. South of Tenth Avenue, between Pierce and Shumway Streets.
. North of Shakopee Avenue, between Apgar and Scott Streets.
7. Additional Vacated Right-of-Way [Resolutions & Map 1]
There are 2 other segments of right-of-way which have been vacated in this
area that are significant to this petition:
. City of Shakopee Resolution 5569 pertains to the vacation of a
portion of 4th Avenue West, east of Webster Street and west of Cass
Street.
. City of Shakopee Resolution 5323 pertains to the vacation of a
portion of Webster Street, south of 3rd Avenue and north of 4th Avenue.
Resolutions 5569 and 5323 describe vacated right-of-ways, which abut the
areas identified in this petition. This is indicative of the language, "serves
no public use or interest", which can also be applied to the un-built
streets that are set forth in this application.
8. Sanitary Forcemain ,
[Map 2]
The identified Sanitary Forcemain is presumed to be privately owned and
operated by Rahr Malting. During discussions with the Vice President of
Production for Rahr Malting, it was determined that the same condition set-
forth in Resolution 5323 should apply to the portion of Webster Street that
is identified in this petition.
City of Shakopee Resolution 5323, stipulation 3, clearly states:
That the right-of-way described above is hereby vacated subject
to the following condition: That the City reserves to itself, its
licensees, and franchise holders a perpetual drainage and utility
Page 5
easement on, under, and over the area vacated for utilities, with
the right to install, maintain, repair, lay and relay utilities by the
City, its licensees and franchise holders.
Rahr Malting was requested to support this petitionr regarding the portion of
Webster Streetr north of 5th Avenue and south of 4th Avenue. Within their
correspondence was a responser which contained. the following statement:
I~S noted in our discussion and as stated in your letter to us on
January ~ 2006, we would expect you to abide by the conditions
set forth in resolution 5323 which relates to the easements on
this property. "
It is anticipated that the same conditions shall existr in the event that the
requested actiones) identified in this petition are "approved".
9. Estimated Costs
There are currently no anticipated costs to The City of Shakopee in relation to .
the requests of this petition.
10. Letters of Petition [Letters]
The Letters of Petition can be found in the following appendices. These
letters have been received from the majority of the owners of the property
abutting the property that is being proposed for vacationr and by other
parties who have a vested interest in these properties or their existing
conditions:
. The Minnesota Department of Administration and Correctionsr
representing the MN Women's Correctional Facility - Shakopee'
. Rahr Malting Company
. K.W. O'brien & Assosiatesr a.k.a. Danny's ConstructionCompanYr Inc.
. Grace Marie LLC'r a.k.a. Shakopee Servicesr a.k.a. Palmer Bus Service
. Mr. Darren Gieser 408 Cass Streetr Private Citizen
These letters represent the desire to vacate the previously stated right-of-
ways and these petitioners represent the "majority"r as required by the
informational handout regarding "Vacations"r which is provided by the City of
Shakopee.
Page 6
11. Conclusion
The primary purpose of this proposal is congruent with' the Street
Reconstruction Project scheduled for spring of 2006,in as much as it is to
look at the remaining un-built streets in this area of the City and support
some form of action to change the behaviors which continue to exacerbate
some of the deteriorating conditions that exist therein.
There has been a consistent desire to create a "buffer zone" around the
vacant Department of Corrections Property. The conditions set forth in this
petition, in coordination with some of the anticipated street improvement
measures; work cooperatively together to achieve this goal. The portion of
Webster Street between 5th and 6th Avenues, which is scheduled to be paved
this summer, is being considered for a ONE WAY design. This design, along
with the action to vacate the un-built portion of Webster Street, will
significantly re-route traffic flow in a direction away from these private
properties and strongly deter the attraction to gain access into these areas.
Plat 27001, Block 64, presents a unique and unusual situation, unlike any
other block in this City with an "active" alley. There are 10 lots, 5 homes and
only 3. active driveways with alley access. Two of those driveways are at the
extreme eastern end of the alley and oppose each other. The 3rd driveway is
located at the extreme western end of the 'alley, with a significant amount of
"dead-space" between them. There is limited use by the actual property
owners, but a great deal of unwanted activity by people who really have no
legitimate reason for being there. The surrounding businesses see merit in
this proposal, so as to keep people out of the unmonitored, and basically
heavily "WOOded" areas surrounding their properties.
It is our vision to secure. a positive endorsement for this proposal from the
City Planners and The City Council of Shakopee. We feel that we have given
this matter a great deal of deliberate thought and have completed several
hours of thorough research. Many of you have already been introduced to
these suggestions or have allowed us to participate in determining a positive
resolution to the, soon to be paved,. southern portion of Webster Street.
Please feel free to contact me at any time regarding the details of this
proposal. E-mail is a very good mechanism of communication for me. I also
encourage anyone who may be interested in a tour of the area, within the
limits of the properties listed in this petition, to contact me at any time and I
will schedule an appointment with you, at your convenience.
Your time and effort in considering this proposal is greatly appreciated.
Page 7
Appendix
Legal Descriptions & 1
PID Numbers -
Property Location Map 1
Utility Location Map 2
Aerial Photograph Map 3
Resolution 5569
Resolution 5323
Department of Corrections Letter 1
Rahr Malting Company Letter 2
K. W. O'Brien & Associates Letter 3
K.W. O'Brien & Associates Letter 4
Grace Marie LLC. Letter 5
Darren Giese Letter 6
Page 8
Property >escriptions & PIO . . lumbers
Robin McCullough State Department of Corrections
935 5th Avenue West
Block 64 - Lot 1 & Y2 Lot 2 1001 6th Avenue West
PID 270014740 PID 270018610
[2 records]
No Address
Block 64 - Lot 10 No Address
PIO 270014790 Block 173 - Lot 1
PID 270018620
[2 records]
Darren Giese No Address
408 Cass Street pro 279010400
Block 64 - Lots 6, 7, 8, 9 [2 records]
pro 270014790
No Address
pro 270030110
[2 records]
Grace Marie LLC. No Address
730:"800 3rd Avenue West Block 5 - Lot 1
pro 270030100
Block 42 - Lot 10
pro 270013040
Block 41 - Lots 6, 7, 8, 9, 10
pro 270012970
Block 40 - Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10
pro 270012950
K. w. O'Brien & Associates
1066 3rd Avenue West
329 Adams Street
Block 174- Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10
pro 270018630
Sect-Ol Twp-115 Range-023
.72 AC 210'x150' in SW % SW %
Block 4 - Lots 1, 2, 3
prD 270030070
Appendix 1
Webster Str 1t": 4th Avenue West - 5th ( '~nue West
Property Location
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RESOLUTION NO. 5569
A RESOLUTION OF THE CITY OF SHAKOPEE
. VACATING STREET RIGHT-OF-WAY FOR 4m AVENUE BElWEEN CASS AND
WEBSTER STREETS, On' OF SHAKOPEE, SCOTT COUNTY, MINNESOTA
WHEREAS, it has been made to appear to the Sbakopee City Council that the right-of-way for
4dJ Avewebetween Cass and Webster Streets as descnbed bekJw, serves no public use or interest;
I' Avenue FAst, located between Cars Street and Webster Street and between Lots I through J. Block
. 40, ondLors 6 through 10. Block M, City ofShaJropee, Scott County, Minnesqln
PM ~1-~~/-J'lS-{) 'I- .211XJ/-'I7['()rl.l'l1-() ..
WHEREAS, the public hearing to consider the action to vacate was held in the Council
Chambers of the City HaJJ in the City of Shako pee at 7:00 P.M. on the 21-' day of August, 2001; and
WHEREAS, two weeks published notice was given in the SHAKOPEE VAlLEY NEWS;
and by posting such notice 011 the bulletin boards on the main floor of the Scott County
Courthouse, at the U.S. Post Office, at the Sbakopee Public Library, and in the Shakopee City
HaJI~ 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 detennines that the vacarlon hereinafter descnbed is in the pu~(jc
interest;
2.Tha1: the street right-of-way described above does not serve further public purpose for
street purpoSes; and
3. That the street right-of-way described above is hereby vacated.
4. That a trail easement be reserved over the entirety of the right-of-way.
After the adoption of the Resolutioo, the City Clerk shall file certified copies hereof with the County
Auditor and County Recorder of Scott County.
Adopted in .4/r;kj. session of the City Council of the City of Shakopee, Minnesota, held the
~daYOf~~ .2001. ~-t- ~
1 . Brekke,
Mayor of the City of Sbakopec
PREPARED BY:
City ofShakqxe
129 Hom. Street SoIl1h
s~. MN 55379
RESOLu:nON l'iiO. 5313
A RESOLUTION OF' THE CITY OF'SHAKOPEE
VACATING A PORTION OF WEBSTER STREET IN THE ORIGINAL SHAKOPEE
PLAT. Cl1Y OF SBAKOPEE, scan COlJNTY, MINNESOTA
WHEREAS, it has been made to appear to the Sbalcopec City Council that tho portion of
Webstec St.rcc:t which is north of 4. Avenue and south of3- Aw:we in the Orisinal Shakopoc Plat, City
of'ShaIcopee, County ot'Seott, State of'M'mnesota. serves no public use or ~ and
WHEREAS. the public hearing to consider the action to vacate was held in the Council
Chambera of the City Hall in the City of Sbakopec at 7:00 P.M. 011 the 2.111 day of March, 2000; and
WHEREAS, twoweeb published notice was given in the $HA.KOPEE 1',,4 T.TRY NEWS;
and by posting IUCh DOuce on the bulletin boards 011 the main Ooor of tile SlXItt County Courthouse,
at the U.S. Post Office. at the Sbakopee Public Lt'brary, and in the Shakopee City HaD; and
WHEREAS, an persons desiring to be heard on the matter were Biven an opportunity to be
heard at the public hearing intbe Council Chambers in the City ofShalcopce.
NOW, THEREFORE, BE IT RESOLVED BY THE cnY COUNCIL OF THE Cl'IY
OF SHAKOPEE, MINNESOTA:
1. That it finds and determines that the vacation hereinafter described is in the public interest; and
2. That the right-of-way ovccthe following desc:n'bed property in the County of Scott, State of
Minnesota, 8eI"YeS no fiuthcr public purpollC:
'/bat part of Webster Street which lies north of 4'" Awnue and south ofr Avenue, which is
wester?y a4jacent to Lots 1 and 10 Block 40 and easterly at.fiacent to Lots oS and 6, Bloc/c
174 in the OrigintlJ Shokopee Plat, City of ShaJrDpee. ~ of &ott, Mmnesota.. ~1~DDI
3. That the right-of-way descn'bed Ibow is hereby wcatcd subject to the foDowing co~
'/bat the City ~ to 1tge(f, it! liCDlSlteS, ondfranch/st holders a pupelrlal ~ and lltility
easement on, wdr. and 0.. the artQ wx:aIedforfltj/ifies, with the right to iMIal~ maintain,
repair, lay and rekly utilities by the City, its lJcmseu cndjranchUe holders.
4. After the adoption of the ResolutiOn;. the City Clerk shall file certified copies henlofwith the County
Auditor and County Recorder of'Scott County.
--.
1nnBBlltB
DEPARTMeNT OF ADMINISTRATION
2/15/2006
Mr. Robin McCullough
935 West sth Avenue
Shakopee,~ 55379
Re: Petition to Vacate Public Streets
Dear Mr. McCullough,
The Minnesota Departments of Administration and Corrections support your petition to the City of Shakopee to
vacate the following sections of public streets that run adjacent to state~owned property in Shakopee:
1. Webster Street between 4th Avenue and 5th Avenue
2. 4th Avenue between Adams Street and Webster Street
3. 5th Avenue between Adams Street and Webster Street
The Department of Corrections shares in your concerns regarding some of the behaviors that take place in this
neighborhood such as dumping, vandalism, theft, snowmobiles and A TV traffic and drug and alcohol
consumption. Restricting direct public access to these areas would aIlowaIl of the property owners a greater
opportunity to prevent further occurrences of these types. of activities.
If there are any tenns and conditions to the street vacation, we respectfully request an opportunity to review the
requirements before proceeding with the vacation. . .
Thank you for bringing this matter to our attention. Feel free to contact me at (651) 201-2548 if you would like
to discuss further. ..- .
Sincere.ly,
~ ~ ..
- ~ -
.. ....- -- . -c.. -
Wayne Waslaski
Planning Director
c: Barb Hanson, Assistant Warden, Minnesota Correctional Facility - Shakopee
Joe Miller, Facility Services Division, Department of Corrections
Bev Kroiss,Real Estate Management Division, Department of Administration
Real Estate Mariagement Division
309 Administration Building, 50 Sherburne Avenue
Saint Paul, MN 55155
P: 651.201.2548 r F: 651.215.6245 I e-mail: wavne.waslaski@state.mn.us
- .. -! . .. - .
RAHR MALTING CO.
SINCE 1847
January 13,2006
Mr. Robin R. McCullough
935 West Fifth Avenue
Shakopee,~ 55379-1125
Dear Mr. McCullough,
Per our conversation and after review of your letter and the documents presented, we as
management ofRahr Malting Co. have no objection to your request to the City for
vacation of Webster Street, South of 4th A venue and North of 5th Avenue.
As noted in our discussion and as stated in your letter to us on January 5,2006, we would
expect you to abide by the conditions set forth in Resolution #5223 which relates to the
easements on this property.
Sincerely,
RAHRMALTINGCO.
~1~
Jesse L. Theis
Vice-President Production
,.. ......_...._,...._......... ..",.....11._ ....11.1'_~_r- ".r.'al_,.._~A ,.,.,.,._... I r-TTeo ~
K.W. O'Brien & Associates
POBox 177
1066 West Third Avenue
Shakopee,~ 55379
(952)445-4143 phone (952)445-4337 fax
January 10, 2006
Robin McCollough
935 West 5th Avenue
Shakopee, MN 55379
Dear Mr. McCollough
This letter is to confirm aUI' understanding that you intend to petition the City of Shakopee to
vacate the area of Webster Street between 4th and 5th Avenues as illustrated in yellOW on the
attached drawing.
K.W. O'Brien & Associates, as an adjacent property owner, has no objection to the City granting
your request.
Sincerely,
K.
LETTER 3
K.W. O'Brien & Associates
POBox 177
1066 West Third Avenue
Shakopee,~ 55379
(952)445-4143 phone (952)445-4337 fax
February 8, 2006
Robin McCollough
935 West 5th Avenue
Shakopee, MN 55379
Dear Mr. McCollough
The purpose of this letter is to confirm our understanding and affirm our agreement of the
request to petition the City of Shakopee to vacate the area of 4th Avenue between Webster and
Adams Street as illustrated in II' on the attached drawing.
y. ow ;
K.W. O'Brien & Associates, as an adjacent property owner, respectfully asks that the City grant
this request.
Sincerely,
By
. "
LETTER 4
Grace Man'".lC.
12956Koeper1MaJe
Shakopee, MN 55~
Friday, January 13, 2006
Robin McCullough
935 West Fifth Avenue
Shakopee, MN 55379
Dear Mr. McCullough,
As the property owners of 730-800 west Third A venue in Shakopee
we have no objection to the vacation of Webster Street between Fourth &
Fifth Avenue. Our property is from Third A venue to Fourth Avenue
and between Webster and Casso
If you have any questions please call us at 445-5245 or 445-1166
(work).
Sincerely,
Q~ a~L.1LvJ
Patricia A. Huber
Grace Marie LLC
LETTER 5
12 January 2006 Gieses
408 Cass Street
Shakopee, MN 55379
612-968-7324
Giesede@msn.com
To: Robin R. Mc Cullough
Dear Robin
We hope this Jetter finds you well.
We write you to respond yourintention to apply to the City of Shakopee for a
motion to "vacate" Webster Street, North of 5th Ave and South 4th Ave.
We fully support your decision and have no objection to this request.
We are including few pictures we took when we moved in to our property in 1997
(our camera had wrong date, that's why it shows year 94)~ There was approx.
2tons of metal, 12 yards of trash, 10gallons of glass....to name a few. Please,
feel free to keep them and use them if necessary.
Sincel:eJy,
e?}CO' ~5G72~4-e-~
l. -~.._..
Darren and Eva Giese
LETTER 6
r.
CITY OF SHAKOPEE
MEMORANDUM
To: Mark Noble, Project Manager
From: Ryan Hughes, Natural Resource Specialist ~
Date: March 7, 2006
Subject: Vacate City Owned Right-of-Way
4th Avenue West, 5th Avenue West, and Webster Street
Based on a review of the application materials provided, staff recommends denial of the
application to vacate City owned right-of-way in this location for the following reasons:
1. The area is within the approved Natural Resource Corridor map, dated December
2005. The area within the Natural Resource Corridor is identified as Good (Medium)
Quality area due to the presence of woodlands and slopes.
2. A proposed transportation trail is identified on the approved Natural Resource
Corridor map. . This proposed trail is planned to connect Holmes Park and Riverview
Park via 4th Avenue West.
U:\Plan Review Memos\030606 - Vacate ROW.doc
MAR-27-2006 112J: 55 SHAKOPEE PUBLIC UTILITIES 9524457'(,b'(' ~.1::1~
SHAKOPEEPUBLIC UTILITIES COMMISSION
" L i g h tin g the Way - Yes t e r day, T 0 day and Bey 0 n d "
MEMORANDUM
TO: Shakopee Community Development Dep.-ent 1"J)i'?
FROM: Joseph D. Adams, Planning and Engineering Director ~l:fI1
SUBJECT: STAFF REVIEW RECORD COMMENTS for:
Vacation of 4th Ave W between Webster and Adams Streets,
5th Ave W between Webster and Adams Streets, Webster Street
between 4th Ave Wand stb Ave Wand 60 feet of alley west of .
Cass Street between 4th Ave W and Sth Ave W.
CASE NO: 06035
DATE: 3/27/06
COM:NfENTS:
Municipal water service is available subject to our standard tenns and conditions. These
include, but are not limited to: instalIinga 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 DistributioJ;l
. Agreement, granting any necessary easements, and paying the assooiated fees.
Street Lighting insta11a.tion is available subject to our standard tenns 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 direotly for specific requirements
relating to their project. .
Note: If street right-of-ways are vacated, then the city should retain utilities
easements for Webster Street between 4th and 5th Ave and on 4th Ave between
Webster and Cass Street. The 1976 Fire Protection Study for Shakopee
recommends the installation of a 12" trunk watermain between 6th Ave and
3rd Ave (all but the 2 block section between 5th and 3rd Ave is installed) along
Webster Street, plus an 8" watermain on 4th Ave between Webster and Cass
Street to improve fire flows to the west side of the city.
....
Post Office Box 470 + 255 Sarazin Street + Shakopee, Minnesota 55379-0470
,^_~... 6"'''' 4^l""l1"t .,..,. /"~,,.,... II..A ~ ,..,....,~....,
City of Shakopee
Memorandum
TO: Mark Noble, Planner IT
FROM: Joe Swentek, Proj ect Engineer
SUBJECT: Vacation of Right-of-Way
(4th Avenue between Webster Street and Adams Street;
5th Avenue between Webster Street and Adams Street;
Webster Street between 4th Avenue and 5th Avenue;
60-feet of alley East of Webster Street between 4th Avenue and 5th Avenue)
PID NO.: See Attached List
CASE NO.: 06035
DATE: March 27,2006
The application indicates a request to vacate portions of rights-of-way associated with 4th
Avenue, 5th Avenue, Webster Street and an adjacent alley.
After reviewing the above referenced application, the engineering department has the following
comments for the applicant and the planning department:
1. An existing trunk stonn sewer system is located within the Webster Street right-of-way.
2. The Shakopee Public Utility Commission (SPUC) is proposing a watermain extension
within the Webster Street right-of-way.
3. Should the vacation proposal be approved and easements obtained, there is the potential
for costs associated with street and utility construction/extension to be higher due to
encroachment issues.
4. Vacating rights-of-way and obtaining drainage and utility easements with smaller widths
than the existing rights-of-way will increase future replacement costs.
5. Should the vacation proposal be approved, it would eliminate the possibility to extend 4th
A venue and 5th A venue between Adams Street and Webster Street. The City of Shakopee
should not consider vacating these rights-of-way until an end use plan is submitted for the
adjacent properties.
C:\Documents and SettingslMNoblelLocal SellingslTemporary Internet FilesIOLK9ICase.Nurnber,06035.Vacate.RW (4th.5th.Webster).doc
Page 1 of2
Recommendation
Vacating the proposed rights-of-way listed above would eliminate the possibility for future street
extensions and potentially add unnecessary costs to future street and utility
construction/extension. . Therefore, the engineering department recommends denial of the
vacation request.
C:\Documents and SeUingslMNoble\Local SeuingslTemporary Internet FilesIOLK9ICase.Number.06035.Vacate.RW (4th.5th.Webster).doc
Page 2 of2
. Webster Street ~ 4th Avenue West - 5th Avenue West
Property Location
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[Robin. McCullough>1 MAP 1
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UtilitY Location - Block 64
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," ....':;Storm Sewer Storm Manhole
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o Utility Pole [Electric -Telephone -Cable] MAP'... 2