Introduce Ordinance Vacating Roadway Easement for Puma Street Related to Riverstone Addition

The purpose of this case is to introduce an ordinance vacating a portion of former roadway easement for a section of Puma Street south of Bunker Lake Boulevard. This easement is no longer being used for this purpose, and according to the City Attorney, the City should vacate this easement. The easement previously had a roadway access that terminated at the rail line, and was retained to access a civil defense siren that has since been relocated.

Regarding the Preliminary Plat for Riverstone Addition, the Planning Commission held a Public Hearing for the Preliminary Plat on May 4, 2017 and recommended approval of this plat.

Introducing an ordinance does not obligate the City Council to provide final approval. In order to accommodate Capstone Homes' desired schedule for Riverstone Addition, it will be important to introduce the ordinance this evening.

The City will utilize the introduction phase of the ordinance to call for a Public Hearing at the June 13, 2017 City Council Meeting. Notifications will be sent as required. Staff has also begun to notify potentially impacted utility providers.

Purpose of Easement

The purpose of the easement is for road purposes. This road has since been vacated. The roadway easement still exists, and needs to be vacated. The easement in total is 73 feet in width. Capstone's project areas is entitled is 33 feet of that total. The adjacent property owned by Hageman Holdings, proposed to be developed by PSD, LLC is 40 feet. The distribution of the easement is based on how it was originally recorded and has been reviewed by the City Attorney.

Existing Utilities Co-Locating in Easement

Based on the information provided by Capstone Homes, the only other utility with infrastructure in the easement area is Connexus Energy. Connexus Energy has a three-phase transmission line in the 40 corridor to be vacated to the PSD project area. Capstone Homes has offered to relocate this transmission line to their project area to accommodate additional space for density transitioning.

Potential Unresolved Issues in Vacation

Staff does acknowledge that there is potential opposition to the overall easement vacation by PSD, LLC. However, Staff, PSD, and Capstone continue to work on potential solutions that meet the City's obligation to vacate a public easement no longer needed, provide the necessary corridor for the existing Connexus Energy transmission line, and the desire of the two developments to provide adequate density transitioning. At this point, Staff does not believe the City Council should postpone introducing the ordinance, as it is not the final action for approval. Staff believes an appropriate solution can be worked out before the Ordinance is adopted on June 13, 2017 as currently scheduled. Staff notes this topic for transparency purposes.

All costs associated with processing the request are the responsibility of the Applicant.

Staff recommends that the City Council introduce the Ordinance.

Staff acknowledges that opposition from an adjoining property owner exists. Staff will attempt to resolve this issue prior to the June 13, 2017 City Council Meeting where the City Council is scheduled to take action on adopting this Ordinance along with Preliminary Plat approval for Riverstone Addition. Introducing the Ordinance this evening does not obligate the City Council to approve the request.

Motion to introduce Ordinance vacating roadway easement for former Puma Street and direct Staff to attempt to resolve the opposition to vacating the easement prior to considering adopting said Ordinance.