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AGENDA ITEM 6 A i. and ii. <br />STAFF ORIGINATOR: Jeff Smyser <br />C. C. MEETING DATE: January 28, 2008 <br />TOPIC: i. Second Reading: Ordinance No. 18-07 <br />Vacating Portions of Two Drainage and Utility <br />Easements, Lot 9, Block 1, Oakwood View <br />(135 Ash Street) <br />ii. Resolution 08-01 <br />Approving Summary of Ord. 18-07 for Publication <br />ACTION: 4/5 vote on Ordinance 18-07 <br />4/5 vote on Resolution 08-01 <br />BACKGROUND <br />The City Council held a public hearing and approved the first reading of this ordinance <br />on December 10, 2007. This is the second reading. <br />Once adopted, all ordinances must be published in the official newspaper. However, <br />state statute allows the City by a 4/5 vote to publish a summary of an ordinance as long as <br />the summary clearly informs the public of the intent and effect of the ordinance. This <br />saves on publication costs. Resolution 08-01 approves a summary of the ordinance. <br />The City Charter requires that all ordinances be read in full unless the reading is <br />dispensed with by unanimous consent of the City Council. Staff recommends dispensing <br />with the full reading. <br />ANALYSIS <br />The site is Lot 9, Block 1 within the Oakwood View plat. Discussion of the enabling <br />residence in 2004 included a two story duplex structure with a total of 7000 sf. The <br />current submittal is a one-story structure with a footprint of approximately 6300 sf. <br />Because the building itself has a larger footprint than originally envisioned, it would <br />encroach into the drainage and utility easement. The other easement to be vacated is in <br />the location of the driveway leading to the building. This was a design oversight with the <br />platting in 2004. The vacation of these portions of the easements will not affect the <br />drainage. <br />