HomeMy WebLinkAbout2007-018 Council Ordinances1st Reading: 12/ /2007
Publication:
2/5/2008
2nd Reading: 1/28/2008
Effective:
3/0/2008
Council Member Reinert moved for adoption of the following ordinance:
CITY OF LINO LAKES
ORDINANCE NO. 18-07
VACATING PORTIONS OF TWO DRAINAGE AND UTILITY EASEMENTS
LOT 9, BLOCK 1, OAKWOOD VIEW
The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain:
Section 1 Findings
The City Council makes the following findings regarding the application to vacate
portions of existing drainage and utility easements:
1. The Rice Creek Covenant Church and CER of Minnesota have requested that the City
Council vacate portions of two drainage and utility easements that were created with
the final plat of Oakwood View, which was approved with Resolution No. 05-26.
2. A public hearing was held on December 10, 2007 before the City Council after due
published and posted notice had been given, and all persons interested were given an
opportunity to be heard;
3. The proposed vacations were reviewed with the site plan and grading plans submitted
for the enabling residence on the site. Stormwater management and wetland
buffering will continue to comply with City requirements.
Section 2
Such request is hereby granted and the portions of drainage and utility easements
described as follows are hereby vacated:
Those two parcels located within Lot 9, Block 1, Oakwood View which are more
particularly described as follows:
PARCEL NUMBER ONE
Beginning at the Southwest Corner of said Lot 9; thence North 00 degrees 36 minutes
05 seconds East (Basis of Bearings: the most westerly line of said 9 has an assumed
bearing of North 00 degrees 36 minutes 05 seconds East) along the most westerly line
of said Lot 9, a distance of 100.02 feet; thence South 52 degrees 34 minutes 40
seconds East 6.18 feet; thence North 00 degrees 15 minutes 43 seconds East 68.20
feet; thence North 14 degrees 56 minutes 20 seconds East 29.71 feet; thence North 38
degrees 48 minutes 17 seconds East 90.90 feet; thence South 23 degrees 04 minutes
50 seconds West 99.69 feet to an angle point in said Lot 9; thence South 00 degrees
36 minutes 05 seconds West, along one of the lines which constitute the boundary of
said Lot 9, a distance of 173.02 feet to the easterly terminus of the most southerly line
of said Lot 9; thence North 88 degrees 38 minutes 13 seconds West, along the most
southerly line of said Lot 9, a distance of 30.00 feet to the Point of Beginning.
PARCEL NUMBER TWO
Commencing at the southerly terminus of the most easterly line of said Lot 9; thence
North 00 degrees 36 minutes 05 seconds East (Basis of Bearings: The most easterly
line of said Lot 9 has an assumed bearing of North 00 degrees 36 minutes 05 seconds
East) along the most easterly line of said Lot 9, a distance of 35.50 feet; thence North
80 degrees 21 minutes 57 seconds West 114.37 feet; thence North 41 degrees 07
minutes 02 seconds West 44.14 feet to the Point of Beginning of the Parcel Number
Two to be described; thence North 05 degrees 26 minutes 55 seconds West 83.99
feet; thence North 24 degrees 38 minutes 08 seconds West 43.84 feet; thence North
90 degrees 00 minutes 00 seconds East 23.22 feet; thence South 00 degrees 00
minutes 00 seconds West 25.95 feet; thence South 01 degrees 46 minutes 51 seconds
East 97.55 feet to the Point of Beginning.
All in Anoka County, Minnesota.
Section 3
Any person, corporation or city owning or controlling easements contained upon the
property vacated reserves the right to continue maintaining the same or to enter upon
such way or portion thereof vacated to maintain, repair, replace, remove or otherwise
attend thereto.
Section 4
This ordinance shall be in force and effect upon its adoption and publication and in
accordance with the Lino Lakes City Charter.
Adopted by the Lino Lakes City Council this 28th day of January, 2008.
The motion for the adoption of the foregoing ordinance was duly seconded by Council
Member O' Donnell and upon a vote being taken thereon, the following voted
in favor thereof:
Reinert, O'Donnell, Gallup, Bergeson
The following voted against same:
none (Stoltz absent)
Whereupon said ordinance was declared duly passed and adopted.
Ordinance No. 18-07, page 2
AGENDA ITEM 6 A i. and ii.
STAFF ORIGINATOR: Jeff Smyser
C. C. MEETING DATE: January 28, 2008
TOPIC: i. Second Reading: Ordinance No. 18-07
Vacating Portions of Two Drainage and Utility
Easements, Lot 9, Block 1, Oakwood View
(135 Ash Street)
ii. Resolution 08-01
Approving Summary of Ord. 18-07 for Publication
ACTION: 4/5 vote on Ordinance 18-07
4/5 vote on Resolution 08-01
BACKGROUND
The City Council held a public hearing and approved the first reading of this ordinance
on December 10, 2007. This is the second reading.
Once adopted, all ordinances must be published in the official newspaper. However,
state statute allows the City by a 4/5 vote to publish a summary of an ordinance as long as
the summary clearly informs the public of the intent and effect of the ordinance. This
saves on publication costs. Resolution 08-01 approves a summary of the ordinance.
The City Charter requires that all ordinances be read in full unless the reading is
dispensed with by unanimous consent of the City Council. Staff recommends dispensing
with the full reading.
ANALYSIS
The site is Lot 9, Block 1 within the Oakwood View plat. Discussion of the enabling
residence in 2004 included a two story duplex structure with a total of 7000 sf. The
current submittal is a one-story structure with a footprint of approximately 6300 sf.
Because the building itself has a larger footprint than originally envisioned, it would
encroach into the drainage and utility easement. The other easement to be vacated is in
the location of the driveway leading to the building. This was a design oversight with the
platting in 2004. The vacation of these portions of the easements will not affect the
drainage.
OPTIONS
1. Dispense with reading the ordinance in full (unanimous vote needed).
2. Approve the second reading of Ordinance No. 18-07 approving the vacation of
portions of two easements (4/5 vote needed).
3. Approve Resolution 08-01, approving the publication of a summary of the
ordinance (4/5 vote needed).
4. Return to staff with direction
RECOMMENDATION
Options 1, 2, and 3