2016.07.26 CC Combined - Laserfiche WebLink

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July 12, 2016 Page 4 of 7 9. Consider Purchase of Floor Coverings for the New Brighton Community Center Community Room. 10. Consideration of Final Payment, Partial Payment 7, for City Project 15-1, 2015 Street Rehabilitation. Motion by Councilmember Jacobsen, seconded by Councilmember Burg to approve the Consent Agenda as presented. Councilmember Burg thanked those who would be serving as election judges for the upcoming primary and general election. She understood the City was still in need of additional judges. Those interested in serving during the primary or general election were encouraged to contact City Hall for further information. 5 Ayes, 0 Nays - Motion Carried Public Hearing 1. Consideration of a Resolution approving the Vacation of a public alleyway, lying north-south between 17th AVE NW and Long Lake Road, south of County Road H West and north of Sunnyside Terrace. Motion by Councilmember Burg, seconded by Councilmember Jacobsen to adopt a Resolution approving a partial vacation of the unimproved alley right-of-way located between Long Lake Road and 17th AVE NW, lying south of County Road H and north of Sunnyside Terrace. City Manager Lotter indicated Assistant Community Assets and Development/Planning Director Gundlach would be presenting this item to the Council. Assistant Community Assets and Development/Planning Director Gundlach explained the formal vacation process is the only method by which a city may divest itself of dedicated public streets or grounds that are no longer needed by the city. Five of the six landowners abutting the alleyway submitted a Land Use Application for it to be vacated. With this application, the City Council may initiate the request (a formal petition process can also trigger a vacation). However, since the language of state statute 412.851 is permissive, the City Council is not required to vacate a street or alley simply because a request has been made. Rather, the decision to act is a discretionary act of the Council, with four-fifths of its members needing to vote in favor in order for it to be approved. Assistant Community Assets and Development/Planning Director Gundlach stated in this case, the alley in question is an unimproved alley abutting property between Long Lake Road and 17th AVE NW and County Road H and Sunnyside Terrance. This alleyway is not anticipated or projected to be improved. However, existing utilities (including Comcast and Century Link) lie within the corridor. In order to appease the applicants, but to preserve existing utility rights, staff recommends that the alley be partially vacated. The partial alley right-of-way vacation will reserve easement rights for the existing utilities (and other utilities as needed), but will remove any future City use of the area as an alleyway. The legal description of the alley to be partially vacated is described as: That part of the north-south Alley in Block 2, FIRST ADDITION TO IRON WORKS PLAT, Ramsey County, Minnesota, lying southerly of a line drawn from the northwest corner of Lot 1 to the northeast corner of Lot 30 and lying northerly of a line drawn from the southwest corner of Lot 13 to the southeast corner of Lot 18, all in said Block 2, FIRST ADDITION TO IRON WORKS PLAT. 9. Floor Coverings for the NBCC Community Room. 10. Final Payment, Partial Payment 7, for City Project 15-1. Public Hearing 1. Consideration of a Resolution approving the Vacation of a public alleyway, lying north-south between 17th AVE NW and Long Lake Road, south of County Road H West and north of Sunnyside Terrace.