Adopt Ordinance #16-02 Vacating Permanent Road Easement over a Portion of 14911 Ramsey Blvd NW and Parcel No. 22-32-25-33-0017

In 1978, the City was deeded a fifty (50) foot wide Permanent Road Easement (the "Easement") that partially encumbered 14911 Ramsey Blvd and the property directly to the north (together, the "Subject Property"). The purpose of the Easement appears to have been for a future service road to parallel Ramsey Blvd. However, this service road is no longer necessary for public purposes.

The Public Hearing was published in the City's official newsletter, the Anoka County Union Herald.

The general public likely assumes that this is simply the driveway providing access to the Ramsey Market business that operates on the Subject Property. However, due to the Easement, the City is responsible for maintenance of this stretch of pavement, including plowing, repairs and resurfacing. There is no apparent need or public purpose for this Easement any longer.  If the Easement is vacated, the City could realize slight cost savings, as it would eliminate the City's maintenance obligations.

The Subject Property is unplatted, thus, the southerly most portion of the Easement will need to be retained for public purposes for traversing 149th Avenue NW.

There have been several complaints through the Code Enforcement Program regarding the Subject Property, primarily due to parking of commercial vehicles on or along the driveway/access.  The Easement has complicated enforcement actions as there are differing standards for on and off street parking. 

The potential vacation of the Easement was reviewed by the Public Works Committee at their October 20, 2015 meeting.

Ordinance #16-02 was introduced at the January 11, 2016 City Council meeting and is now eligible for adoption.

Alternatives:

Alternative 1: Adopt Ordinance #16-02 vacating the Easement on the Subject Property. The purpose of the Easement appears to have been to accommodate a service road parallel to Ramsey Blvd. However, based on the development of the land to the north of the Subject Property, a service road is no longer feasible and there no longer appears to be a public purpose for the Easement. This option eliminates the City's maintenance obligations and should result in a slight cost savings to the City over time. Staff supports this option.

Alternative 2: Do not vacate the Easement on the Subject Property. There does not appear to be a need for this Easement any longer. Vacating the Easement would not impede or impact access to the existing business on the Subject Property. If the Easement were vacated, the access would continue as is with the only difference being that the owner of the Subject Property would now be responsible for its maintenance. If the Easement were to be retained, the City would continue with general maintenance activities such as snow plowing, pot hole repair, and potentially resurfacing/reconstruction in the future. Staff does not support this option.

This case is being handled as part of Staff's regular duties.

The Public Works Committee has recommended that City Council vacate the Easement.

Motion to waive the City Charter requirement to read the ordinance aloud and adopt Ordinance #16-02 vacating the fifty (50) foot Permanent Road Easement on 14911 Ramsey Blvd NW and Parcel No. 22-32-25-33-0017. 

Roll Call Vote:

Councilmember LeTourneau
Councilmember Williams
Councilmember Shryock
Councilmember Riley
Councilmember Kuzma
Councilmember Johns
Mayor Strommen