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Home My WebLink About7. Public Hearing for Vacation of Public Right-of-Way (Alley) South of 1st Avenue West and East of Apgar Street-Res. No. 7069CASE NO.: 10 -030 CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Mark Noble, Planner II SUBJECT: Public Hearing for Vacation of Public Right -of -Way (Alley) South of 1 Avenue West and East of Apgar Street MEETING DATE: January 18, 2011 INTRODUCTION The City of Shakopee Public Works Department submitted an application for vacation of Public Right -of -Way (Alley), located south of 1 Avenue West and east of Apgar Street as identified in Exhibit A. The existing alley right -of -way is identified as that area directly south of Lots 9 & 10, Block 19, City of Shakopee plat, and is approx. 120 feet long by 16 feet wide. DISCUSSION The Planning Commission considered the request at its December 9, 2010 meeting, and by a 6 -0 vote, recommended approval of the request, with a condition that a utility easement be recorded over the alley. At the public hearing on December 20, the City Council heard testimony from an adjacent property owner (Robert Nagel), who made reference to an existing access private easement for property abutting this alley. He claimed that by vacating this alley, he would lose an access to his property. The Council continued the public hearing to January 18, 2011, and directed staff to research the location of the access easement. Staff have researched this easement, and have determined that the recorded access easement does abut the alley in question (see Exhibit B). Staff also consulted with the City Attorney on whether Mr. Nagel's claim that he would lose an access to his property, and it was determined that there is the potential for a loss of access claim against the City if the Council vacates the alley. It appears to staff that full access to this alley is not always available, due to vehicles parked in the alley and/or accessory buildings and trailers located in the alley that would impede access to it. Staff also believes that this segment of alley does not serve a public purpose, as it does not lead to a specific building/business, nor is it designed to allow for vehicles to turn around in the alley right -of -way (16 feet wide). Public Works staff have repeatedly been contacted to maintain that segment of alley (fill potholes, etc.), when it is not being used for a public purpose. The Council should open the continued public hearing, take testimony from any individuals in attendance at the meeting, close the public hearing, and take action on the alternatives referenced below. Should the Council support the withdrawal of the vacation application (see attached memorandum from Bruce Loney, Public Works Director), the Council should direct staff to maintain the alley as it deems appropriate. Should the Council support the vacation of this alley, staff would request direction that the adjacent property owner consult with staff regarding the review and recording of deeds for this property, and for any conditions of approval. VISIONING RELATIONSHIP Goal B: Positively manage the challenges and opportunities presented by growth, development and change. ALTERNATIVES 1. Approve Resolution No. 7069, A Resolution Approving a Vacation of Public Right -Of -Way (Alley) South of 1st Avenue West and East of Apgar Street. 2. Close the public hearing and table the decision to allow staff or the applicant time to provide additional information. 3. Accept the withdrawal of the application for vacation of public right of way (alley) south of 1S Avenue West and east of Apgar Street. PLANNING COMMISSION RECOMMENDATION The Planning Commission, by a 6 -0 vote, recommends that the City Council approve Resolution No. 7069, A Resolution Approving a Vacation of Public Right -Of -Way (Alley) South of 1 Avenue West and East of Apgar Street. ACTION REQUESTED Open the public hearing, take testimony, close the public hearing, and accept the withdrawal of the application for vacation of public right of way (alley) south of 1st Avenue West and east of Apgar Street. h : \cc\2011 \01- 18 \10- 030_VAC_city alley.doc Mark No Planner II 2 RESOLUTION NO. 7069 A RESOLUTION APPROVING A VACATION OF VACATION OF PUBLIC RIGHT -OF -WAY (ALLEY) SOUTH OF 1ST AVENUE WEST AND EAST OF APGAR STREET WHEREAS, it has been made to appear to the Shakopee City Council that the 16 foot by 120 foot (approximate) segment of public right -of -way (alley) serves no public use or interest; and WHEREAS, the public right -of -way (alley) to be vacated is legally described as: A 16.00 foot wide right -of -way adjacent to and south of Lots 9 & 10, Block 19, City of Shakopee, Scott County, Minnesota; and WHEREAS, the Shakopee Planning Commission considered the request at its meeting of December 9, 2010, 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 20 day of December, 2010, with a continuation to January 18, 2011; 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 COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, THAT: 1. It finds and determines that the vacation of the City's interest in the 16 foot by 120 foot (approximate) segment of public right -of -way (alley) hereinafter described is in the public interest. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, THAT: 1. The public right of way (alley) is vacated and a drainage and utility easement shall be retained; however, in the event it would be needed, an easement document would be recorded. 3 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 , 2011. ATTEST: Judith S. Cox, City Clerk PREPARED BY: City of Shakopee 129 Holmes Street South Shakopee, MN 55379 Mayor of the City of Shakopee 4 Dated this day of , 2011. CERTIFICATION OF RESOLUTION NO. 7069 I, Judith S. Cox, City Clerk for the City of Shakopee, do hereby certify that the attached is a true and correct copy of Resolution No. 7069, presented to and adopted by the City Council of the City of Shakopee at a duly authorized meeting thereof held on the day of , 2011, as shown by minutes of the meeting in my possession. SEAL Judith S. Cox City Clerk 5 CITY OF SHAKOPEE Memorandum TO: Mark Noble, Planner II FROM: Bruce Loney, Public Works Director SUBJECT: Public Hearing on the Proposed Vacation of the Alley South of 1 Avenue East of Apgar Street DATE: January 13, 2011 In regard to the above referenced vacation of an alley south of 1 Avenue and east of Apgar Street, the Public Works Department would recommend that our applicant be withdrawn after any further public testimony and if the objection to the vacation by Bob Nagel is still valid. The reason being is that the City Attorney has determined that Mr. Nagel would be considered an abutting property owner because of a private easement agreement and would have a claim for loss of access. Because of this determination, the Public Works Department does not feel it is necessary to pursue a vacation of this alley. If you have any further questions on this, please contact me in my office. ENGR/201 I- PROJECTS/ 2011- CORRESPONDENCE/ALLLEY- VACATION ruce Loney, P. E. Public Works Director -t • F ■ ■ 1 - I ". L= 108.46 A =01 R= 377.94 ■ CHRD.= 108.46 CHRD. 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