4.1. DRAFT MINUTES 01-19-2016 - Laserfiche WebLink

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City Council Minutes Page 4 January 4, 2016 ----------------------------- Attorney Beck stated the standard for only vacating parcels with public benefit hasn’t changed and should have been applied in the past. He indicated he can’t speak for previous actions but what happened in the past is irrelevant. He noted this is the last easement in the area which differentiates it from the other easements. He added the access point used for Lake Orono dredging in the past is no longer available. Councilmember Westgaard questioned if there is a way to vacate the easement but have an agreement in place for Fire Department access if necessary. Mr. Beck explained if the potential for future use is there, it’s best not to vacate as the city has less rights after the property is vacated. Councilmember Burandt asked for clarification as to whether the property is city- owned. Attorney Beck explained the property is dedicated public right-of-way but the city doesn’t hold fee title so the property cannot be sold. Statutory process is for the property to go to adjacent property owners if it is vacated by the city. Councilmember Burandt questioned if a public benefit could be defined as increased property taxes if the property is vacated and added to the tax roll. Attorney Beck asked Councilmember Burandt if she would like staff to research this issue. She stated she would and she would be supportive of the easement vacation if we can state the public interest is the expansion of the tax base. Councilmember Burandt questioned if the city can give Mr. and Mrs. Dargis a lease to have a driveway on the property. Attorney Beck indicated owners don’t need permission to use the right of way for access; however, an agreement should have been obtained prior to improvement of the driveway. He added Mr. and Mrs. Dargis also have a dock in the right-of-way which typically isn’t allowed and if the property is not vacated a license agreement should be put together to clarify situation. Councilmember Wagner asked for a list of public benefits other than increased taxes. Attorney Beck indicated no other benefits have been identified. Councilmember Wagner indicated she is not interested in a boat launch or any other public access at this location. She explained she is struggling because the access isn’t used but she understands it may be used in the future for emergency services. She added she also feels the property could be a liability to the city if someone is hurt or injured on the property. Councilmember Olsen questioned how permanent a licensing agreement is. Attorney Beck explained an agreement can be for any length of time and is revocable if the city identifies a need for the right-of-way in the future. He stated he has a hard time ignoring how strongly the Minnesota Department of Natural Resources spoke against vacating the property. Attorney Beck indicated the Council could adopt an ordinance specific to the type of use for that area if they wish.