PUBLIC HEARING:  Adopt Ordinance #17-12 Vacating Certain Drainage and Utility Easements Related to the Cole Addition; Case of Bryon and Lynn Cole (Project No. 17-132)

The purpose of this file is to review an Easement Vacation request for Cole Addition, a seven (7) lot subdivision located northwest of the intersection of 168th Avenue NW and Garnet Street NW. The project is a re-plat of an existing residential lot at 6951 168th Ave NW and two adjacent, small outlots (together the "Subject Property").  The Planning Commission reviewed the Preliminary Plan for this project at its July 6, 2017 meeting. The Planning Commission was generally supportive of the development contingent on compliance with the Staff Review Letter, including a full size cul-de-sac. The City Council reviewed and approved the Preliminary Plat for this project at its July 25, 2017 meeting, contingent upon compliance with the Staff Review Letter. The City Council reviewed and approved the Final Plat and Development agreement for Cole addition, and introduced Ordinance #17-12 to vacating certain drainage and utility easements on August 22, 2017.

Staff attempted to notify all Property Owners within a 700 foot radius of the Subject Property of the Public Hearing via Standard US Mail. The Public Hearing was also published in the City's official newsletter, the Anoka County Union Herald.

Adoption of Ordinance #17-12 would vacate the existing drainage and utility easements on the Subject Property, contingent upon recording of the Final Plat of Cole Addition.  The approved Final Plat does dedicate to the public new drainage and utility easements in accordance with City Code.  

When City Council last reviewed the Cole Addition Plans, the final plat plans were approved contingent on compliance with the Staff Review Letter. Ordinance #17-12 was introduced by the City Council on August 22, 2017 and is now eligible for adoption.

Alternatives

Alternative #1: Adopt Ordinance #17-12 vacating drainage and utility easements on the Subject Property. The approved Final Plat does dedicate to the public drainage and utility easements in accordance with  City Code and thus, Staff supports this alternative.

Alternative #2.  Do not approve Ordinance #17-12.  Upon recording of the Final Plat of Cole Addition, the necessary drainage and utility easements will be secured and therefore, Staff does not support this alternative.

All costs associated with this request are the Applicant's responsibility.

Staff recommends adopting the Ordinance #17-12 to vacate all drainage and utility easements on the Subject Property contingent upon recording of the Final Plat of Cole Addition.

Motion to waive the City Charter requirement to read the ordinance aloud -AND- adopt Ordinance #17-12 Vacating Certain Easements contingent upon recording of the Final Plat of Cole Addition.

Roll Call Vote:

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