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8.1 SR 06-06-2022 Request for Action To Item Number Mayor and City Council 8.1 Agenda Section Meeting Date Prepared by General Business June 6, 2022 Chris Leeseberg, Senior Planner Item Description Reviewed by Easement Vacation: Vacate Right-of-Way Between Zack Carlton, Community Development Director Properties at 18890 and 18920 Concord Street Reviewed by Cal Portner, City Administrator Action Requested Discuss the recently reviewed application to vacate the Right-of-Way between properties at 18890 and 18920 Concord Street (EV 22-02), and direct staff, if necessary, to publish notice of a second public hearing at the August 15, 2022, City Council Meeting. Background/Discussion During their May 16, 2022, City Council meeting, staff indicated the applicant agreed to have their item continued due to a conflict that had arisen. Staff asked the Council to open the public hearing, take comments, and continue the public hearing until June 6, 2022. The Council heard testimony from four individuals regarding the proposed easement vacation. Based on the application, staff report, and public comment, the Council acted on the application, unanimously denying the request. The applicant reached out to Councilmember Christianson indicating he was disappointed his request was decided in his absence and believes this was not the proper process, regardless of the decision. At the request of the mayor, the Council is going to discuss and provide direction to staff. Financial Impact None Attachments  Draft City Council May 16, 2022, Minutes The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Meeting of the Elk River City Council Held at the Elk River City Hall Monday, May 16, 2022 Members Present: Mayor John Dietz, Councilmembers Garrett Christianson, Matt Westgaard, and Jennifer Wagner Members Absent: Councilmember Mike Beyer Staff Present: City Administrator Calvin Portner, Senior Planner Chris Leeseberg, City Attorney Peter Beck, and City Clerk Tina Allard 1. Call Meeting to Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 6:29 p.m. by Mayor Dietz. 7.3 Easement Vacation: Vacate Right-of-Way Between Properties at 18890 and 18920 Concord Street Mr. Leeseberg indicated the applicant agreed to have their item continued due to a conflict that had arisen. He asked the council to open the public hearing, take comments, and continue the public hearing until June 6, 2022. Mayor Dietz opened the public hearing. Lavina Hoselton, 12964 Meadowvale Road – Stated she is opposed to vacating the easement because people use it to access Lake Orono. She stated the buildings encroaching on the easement make the property feel private and it’s intimidating to walk past them to access the water. She stated other neighbors were against vacating the easement as well but were hesitant to speak out and cause bad relationships with the adjacent property owners. She further noted some neighbors didn’t care. nd Ken Madsen 1931 2 Street – Stated he’s opposed to vacating the easement and the city needs to keep the access to the lake because there are not many of them left. He stated it currently looks like private property due to changes made on the land and some of the neighborhood doesn’t realize it’s public. Mary Duitsman, 18890 Albany Street – Stated she is frustrated with the lack of amenities in the neighborhood and would like to keep this lake access as a community resource and is opposed to vacating the easement. Dave Anderson, 14845 County Road 30 – Stated he is opposed to vacating the easement, highlighting some of the unique features to the lake. Councilmember Christianson stated the easement should be kept because the city needs to keep access in case of issues, such as a dam failure. City Council Minutes Page 2 May 16, 2022 ----------------------------- Mayor Dietz closed the public hearing. Moved by Councilmember Christianson and seconded by Councilmember Wagner to adopt Resolution 22-28 denying a petition to vacate a public street, Case No. EV 22-02. Motion carried 4-0. Mayor Dietz asked staff to send a letter to the adjacent property owner to remove encroachments from city property. Councilmember Christianson asked if a compromise could be reached. Mr. Beck explained instances where the city has done licensing agreements. Mayor Dietz suggested the owner come to a future meeting to justify why he needs to keep the encroachments.