HomeMy WebLinkAbout9. Public Hearing on the proposed vacaton Fillmore Street lying south of 4th Avenue-Res. No. 6112
9,
CITY OF SHAKOPEE
Memorandum
CASE NO.: 04-076
TO: Mayor and City Council
Mark McNeill, City Adminsitrator
FROM: Julie Klima, Planner II
SUBJECT: Vacation of Right-of-Way
MEETING DATE: September 21, 2004
REVIEW PERIOD: August 12 - December 10,2004
INTRODUCTION
Ticor Title has submitted an application for vacation of right-of-way located south of 4th Avenue
and north of 5th Avenue of property dedicated as Fillmore Street right-of-way (Exhibit A). On
August 17h, the Council approved Resolution No. 6103, a resolution setting the public hearing date
for September 21 st.
DISCUSSION
The Planning Commission has reviewed this request and has recommended approval of the
vacation.. Attached for your information is a copy of the Planning Commission .report from the
September 9, 2004 meeting.
Comments have been received from the Engineering Department and Shakopee Public Utilities.
Engineering and SPUC have requested that a drainage and utility easement be retained over the
entire right-of-way area due to existing utilities.
ALTERNATIVES
1. Approve Resolution No. 6112, a resolution of the City of Shakopee approving the
vacation of right-of-way for Fillmore Street south of 4th Avenue. and north of 5th
Avenue.
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 REOUESTED
Offer a motion to approve Resolution No. 6112, and move its adoption.
'l~
Julie Klima
Planner II
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RESOLUTION NO. 6112
A RESOLUTION OF THE CITY OF SHAKOPEE VACATING
RIGHT OF WAY FOR FILLMORE STREET
SOUTH OF 4TH A VENUE AND NORTH OF 5TH AVENUE
wHEREAS, it has been made to appear to the Shakopee City Council that right-of-
way for Fillmore Street located south of 4th A venue and north of sth A venue serves no
public use or interest; and
WHEREAS, the right-of-way to be vacated is legally described as:
That part of Fillmore Street lying South of the South line of Fourth Avenue, and
East of the East line of Lot 6, Block 53, Shako pee, and West of the West line of Lot
1, Block 2, Market Place Second Addition, and North of the North line of the alley
running between Fourth Avenue and Fifth Avenue, City of Shako pee, Scott
County, Minnesota; 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 21 st day of
September, 2004; 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:
That it finds and determines that the vacation hereinafter described is in the public
interest;
That the right-of-way described above serves no further public purpose;
That the right-of-way described above is hereby vacated, subject to the following
condition:
1. A drainage and utility easement shall be retained over the entire vacated
right-of-way area.
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 ,2004.
Mayor of the City of Shako pee
ATTEST:
Judith S. Cox, City Clerk
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RESOLUTION NO. 6112
A RESOLUTION OF THE CITY OF SHAKOPEE VACATING
RIGHT OF WAY FOR FILLMORE STREET
SOUTH OF 4TH A VENUE AND NORTH OF 5TH AVENUE
WHEREAS, it has been made to appear to the Shakopee City Council that right-of-
way for Fillmore Street located south of 4th Avenue and north ofSth Avenue serves no
public use or interest; and
WHEREAS, the right-of-way to be vacated is legally described as:
That part of Fillmore Street lying South of the South line of Fourth Avenue, and
East of the East line of Lot 6, Block 53, Shako pee, and West of the West line of Lot
1, Block 2, Market Place Second Addition, and North of the North line of the alley
running between Fourth Avenue and Fifth Avenue, City of Shako pee, Scott
County, Minnesota; 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 21 st day of
September, 2004; and
WHEREAS, two weeks published notice was given in the SHAK.oPEE 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 theShakopee 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 it fmds and determines that the vacation hereinafter described is in the public
interest;
That the right-of-way described above serves no further public purpose;
That the right-of-way described above is hereby vacated, subject to the following
condition:
1. An easement shall be retained over the entire vacated right-of-way area.
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 , 2004.
Mayor of the City of Shako pee
ATTEST:
Judith S. Cox, City Clerk
CERTIFICATION OF RESOLUTION NO. 6112
I, Judith S. Cox, City Clerk of the City of Shako pee, Minnesota, do hereby certify
that the attached is a true and correct copy of Resolution No. 6112, presented to and
adopted by the City Council of the City of Shakopee at a duly authorized meeting thereof
held on the _ day of , 2004, as shown by the minutes ofthe meeting in
my possesslOn.
Dated this _ day of ,2004.
Judith S. Cox, City Clerk
SEAL