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December 13, 2016 Page 5 of 11 Public Hearing 1. Consider Approval of Resolution Regarding 372 2nd Avenue SE Land Use Application. a. Resolution Approving a Partial Vacation of the 20’ Alleyway Right-of-Way Running North/South Between 2nd and 3rd Avenues SE, North of Stowe Avenue as Initiated by the City Council upon Application of Abutting Landowner. b. Resolution Making Findings of Fact and Approving a Minor Subdivision of 327 2nd Avenue SE Creating One Additional Lot for Development of a Single Family Home. Motion by Councilmember Burg, seconded by Councilmember Strub to adopt a Resolution approving a partial vacation of the unimproved alley right-of-way located between 2nd Avenue SE and 3rd Avenue SE, north of Stowe Avenue and south of the addresses 299 2nd Avenue SE and 298 3rd Avenue SE. City Manager Lotter indicated Assistant Director of Community Assets & Development/Planning Director Gundlach would be presenting this item to the Council. Assistant Director of Community Assets & 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. On behalf of the property owner, the applicant submitted a Land Use Application to vacate the alleyway abutting the property at 327 2nd Avenue SE. 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 Director of Community Assets & Development/Planning Director Gundlach stated in this case, the alley in question is an unimproved alley abutting property between 2nd and 3rd Avenues SE, north of Stowe Avenue and south of the addresses 299 2nd Avenue SE and 298 3rd Avenue SE. This alleyway is not anticipated or projected to be improved. However, existing City utilities lie within the corridor. In order to appease the applicant, but to preserve existing utility rights of the City, 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 alley as originally dedicated within Block 11 of the plat of VERMONT PARK, Ramsey County, Minnesota. Assistant Director of Community Assets & Development/Planning Director Gundlach explained City Attorney’s office will submit this for recording at Ramsey County, ensuring the vacation is properly applied to benefiting property owners. Assistant Director of Community Assets & Development/Planning Director Gundlach reported in addition to the alleyway Vacation request, the applicant has made application to subdivide the property located at 327 2nd Avenue SE. The existing lot at 327 2nd Avenue SE is defined as a “through lot” meaning it has frontage on two parallel sides, being 2nd and 3rd Avenues SE. The proposed subdivision would create an additional lot with street frontage on 3rd Avenue SE Public Hearing 1. Consider Approval of Resolution Regarding 372 2nd Avenue SE Land Use Application. a. Resolution Approving a Partial Vacation of the 20’ Alleyway Right-of- Way Running North/South Between 2nd and 3rd Avenues SE, North of Stowe Avenue as Initiated by the City Council upon Application of Abutting Landowner. b. Resolution Making Findings of Fact and Approving a Minor Subdivision of 327 2nd Avenue SE Creating One Additional Lot for Development of a Single Family Home.