Discussion:
The State of Minnesota submitted an application to vacate several alleys and rights-of-way within and adjacent to the correctional facility (see submitted sketches and descriptions). The proposed request cleans up unresolved land title issues where there are existing encroachments. The encroachments have been in place since the current facility opened in the mid-1980's south of Sixth Avenue, and also covers areas of unimproved right-of-ways and alleys.
The proposed vacation involves the following areas:
- Fifth Avenue between Adams Street and Webster Street
- Washington Street between Fourth Avenue and Sixth Avenue
- A segment of Fourth Avenue, west of Washington Street
- The west half of Webster Street between Fourth and Fifth Avenue
- Segments of the south half of Fourth Avenue between Adams Street and Webster Street
- Webster Street south of Sixth Avenue
- Cass Street south of Sixth Avenue
- Alley between Fourth and Fifth Avenue, between Adams Street and Webster Street
- Alley between Fifth and Sixth Avenue, between Adams Street and Webster Street
The vacation proposal has been reviewed by city staff and outside agencies. The comments received recommend approval of most of the state's request, with some stipulations in areas of existing and future utilities. The Engineering Department recommends approval of all of the requests, except the following:
- The alley and street right-of-way request for Webster Street north of Sixth Avenue, due to the existing alley and storm sewer in this area.
- The request to vacate half of Fourth Avenue between Adams Street and Webster Street. Staff recommends instead that the entire right-of-way be vacated, and a drainage and utility easement matching the right-of-way be dedicated in its place.
- Shakopee Public Utilities also does not recommend approval of the vacation of Webster Street, as there are plans for the future extension of watermain from Fifth Avenue to Third Avenue to aid fire flow in the Rahr malting area.
- The Engineering Department recommends that the state dedicate right-of-way or an easement to the City for the portion of Adams Street that is outside of the right-of-way between Fifth Avenue and Sixth Avenue (see attached exhibit).
The engineering department also commented that the plans submitted depict the state parcel boundaries differently than the county's parcel database. The Engineering Department and Planning Department both recommend that the State plat or complete a minor subdivision to combine the multiple parcels they own. This action would further simplify the state's land holdings for this facility.
City planning and engineering staff has discussed the possibility of a trail or sidewalk corridor from Adams Street to Cass Street to permit a connection for pedestrians and people on bikes between Holmes Park and Riverview Park (see attached map / aerial photo). This would require the dedication of a sidewalk or trail easement by the State to the City on part of the existing 4th Avenue Right-of-Way and also the dedication of a easement on one of the two private properties between Cass Street and the Webster Street Right-of-Way. The northern parcel is the school bus garage property and the southern parcel is a private residence. Staff believes this is an appropriate time for the discussion on feasibility of this project. There is a significant slope near the intersection of 4th Avenue and Cass Street that would require further research on grading requirements and ADA standards, as well as discussion with private property owners. If the Planning Commission and Council believe this is a worthwhile pursuit, staff will work with the State and a private property owner to procure the proper easement for a future project.
Overall, staff recommends that the Planning Commission give the City Council a positive recommendation on the request, subject to the conditions and comments noted in this memorandum.