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Request for Action <br />To <br />Item Number <br />Mayor and City Council <br />7.3 <br />Agenda Section <br />Meeting Date <br />Prepared by <br />Public Hearings <br />May 16, 2022 <br />Chris Leeseberg, Senior Planner <br />Item Description <br />Reviewed by <br />Easement Vacation: Vacate Right -of -Way <br />Zack Carlton, Community Development Director <br />Between Properties at 18890 and 18920 <br />Peter Beck, City Attorney <br />Concord Street <br />Reviewed by <br />Cal Portner, City Administrator <br />Action Requested <br />Adopt, by motion, a resolution denying the proposed street vacation for the reasons set forth in the attached <br />Resolution of Denial. <br />or <br />If the council supports the vacation, continue the public hearing to July 18, 2022, to provide enough time for the <br />required 60-day review by the Commissioner of the Department of Natural Resources and to draft a Resolution of <br />Approval. <br />Background/Discussion <br />EV 22-02 <br />The property owners at 18890 and 18920 Concord Street are requesting the street right-of-way (ROW) between <br />their properties be vacated. <br />The ROW exists for what would be an extension of 1891h Avenue. The actual street terminates two blocks east of <br />the lake and the adjacent ROW to the east contains a paved trail. The area requested for vacation has an existing <br />stormwater outfall that drains to Lake Orono. The city is required to maintain and repair the stormwater structure <br />and outfall in perpetuity. <br />If the ROW were to be vacated, a drainage and utility easement would need to be established to ensure the city has <br />the ability to continue to maintain and repair the stormwater infrastructure. The new easement would prohibit <br />such things as grading, landscaping, and structures within it. The only change that would be observed by the <br />applicants and residents would be eliminating public access to Lake Orono. <br />Staff has received a voice mail and two emails in opposition of the vacation as residents in the neighborhood <br />utilize the right-of-way for access to the lake during all seasons. The ROW continues to provide a bona fide public <br />purpose in establishing pedestrian access to Lake Orono. <br />The Elk River Vision <br />A welcoming community with revolutionary and spirited resourcefulness, exceptional <br />service, and community engagement that encourages and inspires pi ospei ly. <br />M <br />TUREJ <br />Updated.• August 2020 <br />