CR 97-172 Vacation Of Alley - Alliant TechOctober 1, 1997
Proposed Action.
Staff recommends the following motion: Move to approve Resolution 97 -93_, approving
Ordinance 97 -806 to vacate the alley on the west side of Alliant Tech for first reading.
At the Zoning and Planning meeting, Mr. Schumacher moved and Mr. Blair seconded a
motion to approve Resolution RZ97 -17, recommending approval Ordinance 97 -806, vacating
the alley on the west side of Alliant Tech. The motion carried unanimously.
Overview.
The applicant, Alliant Tech, is proposing to vacate the alley west of their building on Second
Street. Alliant Tech has purchased the former Precious Metals building and the home to the
south and is in the process of constructing a parking lot on this site. The subject alley does
not provide access to any other properties. The home to the south will be razed.
The applicant wants to construct the parking lot this fall.
Primary Issues to Consider.
o Is the alley needed for a public right -of -way?
o Are there utilities in the alley?
o What was the discussion at the Zoning and Planning meeting?
Supporting Documents.
o Analysis of Issues
o Survey
o Resolution 97 -93
o Ordinance 97 -806
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Nancy 'a Anderson, ATCP
Planner
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VACATION OF ALLEY -- ALLIANT TECH
Council Report 97 -172
Primary Issues to Consider.
o Are there utilities in the alley?
CR97 -172
Page 2
Is the alley needed for a public right of way?
The Public Works department has reviewed the proposed vacation and determined the alley is
not needed for the public use. The subject alley is only a portion of the original alley and is
access to property owned by Alliant Tech.
The private utility companies were notified and there are no private utilities located in the
alley. There is a City storm sewer located in the alley. The Engineering department is
recommending that the storm sewer be turned over to Alliant Tech, but the City and Alliant
Tech have an access and right of entry for the storm sewer in the vacated alley.
o What was the discussion at the Zoning and Planning meeting?
Ms. Anderson reviewed the proposed vacation with the Commission. Jim Kuhlemeier,
representing Alliant Tech appeared at the meeting. The Commission asked Mr. Kuhlemeier
who would be responsible for the maintenance of the storm sewer. Mr. Kuhlemeier stated
that Alliant Tech would be responsible for the maintenance. There was no one in the audience
that spoke at the public hearing.
Alternatives.
1. Approve the alley vacation. By approving the alley vacation, the applicant will be able to
utilize the vacated alley for additional land for a parking lot.
2. Deny the alley vacation. By denying the alley vacation, the applicant will not be able to use
the alley for a parking lot. If the City Council considers this alternative, findings will have
to be identified that support this alternative.
3. Continue for further information. If the City Council indicates that further information is
needed, the item should be continued.
ATTEST:
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 97 -93
RESOLUTION MAKING FINDINGS OF FACT AND
APPROVING A VACATION OF THE ALLEY ON THE WEST SIDE OF ALLIANT TECH
WHEREAS, an application for Vacation VAC97 -2 has been made by Alliant Tech, and
WHEREAS, the procedural history of the application is as follows:
1. That an application for Vacation VAC97 -2 was made by Alliant Tech on September 5,
1997;
That the Hopkins Planning Commission, pursuant to mailed and published notice, held a
public hearing on the application and reviewed such application on September 30, 1997:
all persons present were given an opportunity to be heard;
3. That the written comments and analysis of the City staff were considered; and
4. A legal description of the alley to be vacated is as follows:
That part of the 14 foot wide alley in Block 3, West Minneapolis Center, according to the
record plat thereof, which lies northerly of the easterly extension of the north line of Lot
21 in said Block 3.
NOW, THEREFORE, BE IT RESOLVED that application for Vacation VAC97 -2 is hereby
approved, based on the following Findings of Fact:
1. That the alley is not needed for a public right -of -way.
BE IT FURTHER RESOLVED that application for Vacation VAC97 -2 is hereby approved based
on the following conditions:
1. That the applicant and the City execute an access and right of entry agreement for
the storm sewer in the vacated alley.
Adopted this 7th day of Ocotber, 1997.
Terry Obermaier, City Clerk
Charles D. Redepenning, Mayor
THE COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN AS
FOLLOWS:
That the following described area of the following public alley in the City of Hopkins,
namely:
be vacated as a public alley, provided that a perpetual public drainage and utility easement are
reserved and retained by the City of Hopkins over, under, and across all of the above described
vacated alley.
First Reading: October 7, 1997
Second Reading: October 21, 1997
Date of Publication: October 29,1997
Date Ordinance Takes Effect: November 18, 1997
ATTEST:
Terry Obermaier, City Clerk
CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO 97 -806
ORDINANCE VACATING A PORTION OF THE ALLEY
ON THE WEST SIDE OF ALLIANT TECH
That part of the 14 foot wide alley in Block 3, West Minneapolis Center, according
to the record plat thereof, which lies northerly of the easterly extension of the
north line of Lot 21 in said Block 3.
APPROVED AS TO FORM AND LEGALITY:
City Attorney Signature Date
Charles D. Redepenning, Mayor