Adopt Ordinance #22-13 Vacating Drainage and Utility Easements at 5280 161st Ave NW

The City has received an application from Mark Rice (the "Applicant") for an Easement Vacation request related to a Minor Plat for 5280 161st Ave NW (the "Subject Property). The purpose of this request is for the construction of a 36' x 36' accessory structure.

The City attempted to send a mailing via standard U.S. mail to property owners within 350 feet of the Subject Property, as noted in the Anoka County Property Records, notifying them of the public hearing. The notice was also published in the Anoka County Union Herald for the February 22, 2022 City Council regular meeting.

Vacation of Drainage and Utility Easement
The Easement Vacation is proposed to vacate all existing drainage and utility easements on the Subject Property. New drainage and utility easements will be dedicated on the final plat that was approved during the City Council regular meeting on February 22, 2022.. Engineering previously reviewed the requested Easement Vacation and supported it as long as there remained five (5) feet of easement beyond the Base Flood Elevation shown on the survey (which is included on the Final Plat).  Attached to the case is the area of drainage and utility easement that will not be rededicated as part of the new plat.

Encroachment of Scenic Easement
There is a Scenic Easement over a portion of the Subject Property, which encumbers the same area as the drainage and utility easement.  When the Applicant originally contacted the City regarding this project, Staff contacted the now previous City Attorney regarding the potential to vacate a portion of this easement as well.  Since there is no identifiable public benefit, there is no legal basis for vacating any portion of the Scenic Easement. Although, per the language of the Scenic Easement, the City Council can authorize a the location of a structure within the Scenic Easement, which was incorporated with the Minor Plat - as shown on the Sketch Plan attached to this case - and approved during the City Council regular meeting on February 22, 2022.

Variance
The applicant has also requested a variance to the setback for the Ordinary High Watermark.  The Planning Commission held a Public Hearing on the request at their February 24, 2022 regular meeting.  The Planning Commission approved the variance.  No action is required by the City Council for the variance request.

Alternatives

Alternative 1: Adopt Ordinance #22-13 Vacating all Drainage and Utility Easements on Lots 11 &12, Block 6 Barthels Rum River Acres (together known as 5280 161st Ave NW). This alternative would vacate drainage and utility easements that are no longer necessary on the Subject Property. Staff supports this alternative.

Alternative 2: Do not adopt Ordinance #22-13. If the Ordinance is not adopted, this segment of drainage and utility easement remains with no apparent purpose. The Final Plat and Variance related to this request would also become obsolete. Staff does not support this alternative.   
 

The Applicant is responsible for all costs involved in the vacation process as well as the Minor Plat.

City Staff recommend adopting Ordinance #22-13 vacating a portion of drainage and utility easement at 5280 161st Ave NW.

Motion to waive the Charter requirement to read the ordinance aloud and adopt Ordinance #22-13 to Vacate the Drainage and Utility Easements at 5280 161st Ave NW.

Roll Call Vote

Councilmember Heineman
Councilmember Woestehoff
Councilmember Specht
Councilmember Musgrove
Councilmember Howell
Councilmember Riley
Mayor Kuzma