Adopt Ordinance #17-17 Vacating Drainage and Utility Easements on Outlot A, Estates of Silver Oaks (Project No. 17-119); Case of Royal Oaks Realty

The purpose of this case is to consider adopting Ordinance #17-17 vacating existing drainage and utility easements dedicated over, under and across Outlot A, Estates of Silver Oaks (the "Subject Property"). The Subject Property was re-platted into buildable land as part of the Final Plat for Estates of Silver Oaks 2nd Addition. City Council granted approval of the Estates of Silver Oaks 2nd Addition Final Plat on September 12, 2017. As part of the Final Plat, new drainage and utility easements were dedicated to the public. This action would simply vacate the existing, underlying drainage and utility easements as they do not correlate with the approved boundaries of the Plat.

In accordance with State statute, Staff attempted to notify property owners within 350 feet of the subject property of the public hearing via Standard US Mail. The Public Hearing was also noticed in the Anoka County Union Herald, the City's official newsletter for public notices.

↵At the Public Hearing on October 24, 2017, an adjacent property owner raised several questions/concerns with the easement vacation request, including:

• Why would the City vacate easements in advance of this new project?
• Will dewatering be needed for the new sanitary sewer line extension?
• The first addition of Estates of Silver Oaks dropped the water level in his pond significantly, and while it has come back somewhat, it was still four (4) feet lower than it was prior to that development.

Staff has reviewed the concerns/questions that were raised at the Public Hearing and attempted to connect with the adjacent property owner multiple times via phone messages and email, but has not been able to connect with him.  The new subdivision (Estates of Silver Oaks 2nd Addition) should not require any dewatering based on soil borings and the depth of the sanitary sewer.  In reviewing the stormwater management plan, there will be an increase of runoff that enters the adjacent property, but it will be negligible (an approximate increase from 0.05 cfs to 0.10 cfs, the equivalent of about 22-45 gallons per minute).  This would be roughly equivalent to the flow from a 5/8" garden hose that is seventy-five (75) feet long with 60 psi.  It appears that the water level of the pond on this adjacent property has bounced back to previously levels (prior to construction of Estates of Silver Oaks).  Again, Staff has made multiple attempts, both via phone and email, to connect with this property owner to discuss his concerns.  However, Staff is confident that the proposed easement vacation will not result in any negative impact to the adjacent property.  As noted previously, when the plat of Estates of Silver Oaks 2nd Addition is recorded, it will dedicate new drainage and utility easements to replace these.  

The Ordinance was introduced at the October 24, 2017 City Council meeting and is now eligible for adoption.

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

Staff recommends adopting Ordinance #17-17 vacating the drainage and utility easements over, under and across Outlot A, Estates of Silvers Oaks.

Motion to waive the Charter requirement to read the ordinance aloud and adopt Ordinance #17-17 vacating the existing drainage and utility easements over, under and across Outlot A, Estates of Silver Oaks.

Roll Call Vote

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