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CR 96-099 1st Reading Ordinance - Alley VacationMay 29, 1996 Public Hearing First Reading of Ordinance Alley Vacation Staff recommends the following: Move that Council approve for first reading Ordinance 96 -784 vacating a portion of the alley in Block 2. West Minneapolis. Overview. At its April 16 meeting Council continued a public hearing concerning the reconstruction of an alley in the 10 -100 block of 6th /7th Avenues South. A resident offered an alternate proposal to complete alley reconstruction by suggesting a partial alley vacation as a means of reducing the scope and cost of a project and also lowering potential special assessments. Council at its May 7 meeting took action to formally set a hearing date for June 4 to consider such a vacation. Two publications in the local newspaper have been carried out and written notice to all residents within a 350 -foot radius of the site has been mailed. Primary Issues to Consider. o Vacation procedures O Public interests o Staff recommendation Supporting Information. O Hearing notice and posted notice O Response from utility companies O Resolutions 96 -51 O Ordinance 96 -784 James Gessele Engineering Superintendent Council Report 96 -99 Analysis. 0 Vacation procedures The City Charter cites specific steps to be taken to vacate public rights -of -way. In the case of the subject alley, it cannot be vacated except by ordinance approved by a four - fifths vote of the Council. The Charter requires a public hearing upon one week's published notice. It goes on to make a rather ambiguous statement that vacation procedures as outlined therein are "intended to be an addition or supplement to any other method... as may be provided in the general State Statutes." As a result, the City attorney has recommended that two week's published and posted notice be made. A notice was published twice in the local newspaper and notices were sent to all residents within a 350 -foot radius of the site. Council will need to conduct a public hearing. Thereafter it will need to consider Resolution 96 -51 which makes findings of fact and initiates the alley vacation. Once the resolution is adopted Council will have approved the vacation ordinance for first reading. The second reading is proposed for the June 18 Council meeting. Public interests Although no official petition by property owners adjacent to the vacation has been submitted, both parties involved have made no oral or written objections to the vacation proposal. Indeed, one property owner made the original proposal for vacation as a means of reducing the scope and cost of the proposed overall reconstruction of the alley. He also felt that closing the one leg of the "T" alley would reduce traffic seeking short cuts through the neighborhood. The other property owner has had no objections but wants assurances that he will have access to the north side of his building for maintenance purposes and that the vacated roadway will be left in a condition that enhances drainage away from the building. The public utilities have been notified and they have responded positively to the proposal. In letters to the companies, staff has recommended a vacation conditioned on retaining a minimum 10 -foot utility easement across the vacation, and the utility companies have thus no reason to raise objections to this procedure. Interests of the neighborhood or other public will be known after the hearing. Staff has received no comment, oral or written, about this vacation. Staff wishes to indicate that public interests are served by closing a portion of the alley. Alley construction costs will be lowered. Safety will be enhanced in that nuisance traffic seeking short cuts will be blocked. Access to all garages and rear yards will not be impeded, and all vehicles will be able to move through the neighborhood safely. A property adjacent to the vacation 1 1 will benefit in particular because of an enhanced side yard and additional front footage abutting 6th Avenue. o Staff recommendation Staff recommends that the north and south halves of the alley in Block 2, West Minneapolis, lying between the southerly extensions across it of the east and west lines of Lot 18 in the same Block 2 be vacated with the condition that a utility easement be retained across the entire vacation. Staff recommends adoption of Resolution 96 -51 and approval for first reading of the vacation ordinance. Notice is hereby given that a hearing will be held before the City Council of Hopkins, Minnesota, at the City Hall on the 4th day of June, 1996 at 7:30 P.M. to hear all persons present upon the proposed vacation of the easterly leg of a "T" alley in the 10 -100 block between 6th and 7th Avenues South in the City of Hopkins. Dated this 7th day of May, 1996. BY ORDER OF THE CITY COUNCIL 4j , . Genell ,City Clerk Ar.pkins, Minnesota Publish: Hopkins Sailor May 15 and 22 NOTICE OF HEARING ON VACATION OF PART OF ALLEY HOPKINS, MINNESOTA Project 96 -05 Ally Vacation Mailing List May 15, 1996 24 117 22 43 0032 HOPKINS VILLAGE APTS 1589 HWY NO 7 #203 •PKINS, MN 55305 24 117 22 43 0033 BUILDING MANAGER 28 6TH AVE S HOPKINS, MN 55343 24 117 22 43 0035 RODERICK J & JOYCE C SHOBER 40 6TH AVE S HOPKINS, MN 55343 24 117 22 43 0038 STEVEN M & CHERYL A BRANCH 54 6TH AVE S HOPKINS, MN 55343 24 117 22 43 0142 ALBERT W HAMMERLUND JR & LINN HAMMERLUND 607 2ND ST 5 PKINS, MN 55343 1. 117 22 43 0044 ALEC JUDE ALBRECHT 53 7TH AVE S HOPKINS, MN 55343 24 117 22 43 0046 RESIDENT 45 7TH AVE S HOPKINS, MN 55343 24 117 22 43 0049 HELEN E TATARKA & ANN H TATARKA 31 7TH AVE SO HOPKINS, MN 55343 24 117 22 43 0145 SRUART CORP. 1050 80TH ST W LS, MN 55420 117 22 43 0146 UILDING MANAGER 00 7TH AVE S OPKINS, MN 55343 24 117 22 43 0032 HOPKINS VILLAGE APTS BUILDING MANAGER 9 7TH AVE S HOPKINS, MN 55343 24 117 22 43 0034 ROBERT & K JOHNSON PAUL VOIGT 9767 DORSET LA EDEN PRAIRIE, MN 55347 24 117 22 43 0036 DOUGLAS & LEANN FILLBRANDT 46 6TH AVE S HOPKINS, MN 55343 24 117 22 43 0039 EDWARD W. ROBBINS 4152 10TH AVE S MPLS., MN 55407 24 117 22 43 0043 HENRY POKORNY JR 61 7TH ST SO HOPKINS, MN 55343 24 117 22 43 0045 VINCENT W COtbR 49 7TH AVE S HOPKINS, MN 55343 24 117 22 43 0047 KENNETH & J LARSON 41 7TH AVE S HOPKINS, MN 55343 24 117 22 43 0050 HAMILTON HOLDING CO RAYMOND W HALL P 0 BOX 20457 BLOOMINGTON, MN 55420 24 117 22 43 0145 BUILDING MANAGER 24 7TH AVE S HOPKINS, MN 55343 24 117 22 43 0147 SRUART CORP. 1050 80TH ST W MPLS, MN 55420 24 117 22 43 0033 ROBERT JOHNSON & PAUL VOIGT C/O GAVZY, GAVZY & OWENS 2801 WAYZATA BLVD #202 MPLS, MN 55405 24 117 22 43 0034 BUILDING MANAGER 38 6TH AVE S HOPKINS, MN 55343 24 117 22 43 0037 BRIAN J FURAN 50 6TH AVE S HOPKINS, MN 55343 24 117 22 43 0039 BUILDING MANAGER 62 6th AVE S HOPKINS, MN 55343 24 117 22 43 0043 POKORNY PROPERTIES INC. 65 7TH AVE S HOPKINS, MN 55343 24 117 22 43 0046 FEDERAL NATL MTGE ASSOC 1 WACKER DR S CHICAGO, IL 60606 24 117 22 43 0048 JAMES M WOODSTROM 37 7TH AVE S HOPKINS, MN 55343 24 117 22 43 0050 RESIDENT 21 7TH AVE S HOPKINS, MN 55343 24 117 22 43 0146 SRUART CORP. 1050 80TH ST W MPLS, MN 55420 24 117 22 43 0147 BUILDING MANAGER 114 7TH AVE S HOPKINS, MN 55343 Project 96 -05 Ally Vacation Mailing List May 15, 1996 24 117 22 43 0148 SRUART CORP. 1050 80TH ST W 411LS, MN 55420 24 117 22 43 0020 DALE R. & MANN GIINTHIR 12017 RIDGEMOUNT AVE W MINNETONKA, MN 55305 24 147 22 43 0021 JAMES D MELIUS 43 6TH AVE S HOPKINS, MN 55343 24 117 22 43 0024 JOSEPH E. HRUSKA C. M. HRUSKA 31 6TH AVE S HOPKINS, MN 55343 24 117 22 43 0157 NATL HANDICAP HSG INSTIT INC 1050 THORNDALE AVE NEW BRIGHTON, MN 55112 • 24 117 22 43 0019 MIRIAM LIBERMAN 2228 TERRITORIAL RD ST PAUL, MN 55114 24 117 22 43 0020 D. J. THUECKS 47 1/2 6TH AVE S HOPKINS, MN 55343 24 117 22 43 0022 SHARON ROSE BERGER 39 6TH AVE S HOPKINS, MN 55343 24 117 22 43 0025 DEVILLIERS, ELLIOTT & CO 27 6TH AVE S HOPKINS, MN 55343 24 117 22 43 0157 BUILDING MANAGER 44 5TH AVE S HOPKINS, MN 55343 24 117 22 43 0019 RESIDENT 57 6TH AVE S HOPKINS, MN 55343 24 117 22 43 0020 RESIDENT 47 1/2 6TH AVE S HOPKINS, MN 55343 24 117 22 43 0023 ARONALD E. MARTIN SARAH MARTIN 35 6TH AVE S HOPKINS, MN 55343 24 117 22 43 0139 CITY OF HOPKINS 1010 1ST STREET SOUTH HOPKINS, MN 55343 24 117 22 43 0158 HOPKINS HRA 1010 1ST ST S HOPKINS, MN 55343 (• 123 9 Ing 3,' 3 777 ,,(1311 2 1 131.56 It (93) 4 4 cc 2. 3;0 4.@ ry N A 0, (95) (96) (91) (96) • 49 45 45 44 ( 0, IIa. 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