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City Council Regular Meeting Minutes May 9, 2023 Page 2 2 Motion by Councilmember Jenson, seconded by Councilmember Randle, to approve the Consent 3 Agenda items. 4 5 Motion carried 5-0. 6 7 IV. PUBLIC HEARING - NONE. 9 V. REPORTS FROM COMMISSION AND STAFF - NONE. 10 11 VI. GENERAL BUSINESS OF COUNCIL. 12 13 A. Resolution 23-029 — Denying a Request for a Vacation of An Easement and Easement 14 Agreement in the C Commercial District 15 16 City Planner Stephen Grittman reviewed the applicants are seeking vacation of an Easement 17 Agreement originally held by the HRA, but since assigned to the City of St. Anthony Village. 18 The easement encumbers the northwest area of Hannay's commercial property at 2550 Highway 19 88. 20 21 At the April 25 City Council Meeting a public hearing was held on the proposed easement 22 vacation, history discussed, current conditions and future prospects for the site were reviewed. 23 The Council voted 4-1 to direct staff to prepare a resolution denying the vacation, based on a 24 number of factors, including findings that the easement was purchased, rather than given to the 25 City, that the easement could still be integral in promoting its original purpose, which include 26 facilitating redevelopment and preservation of a public open space or access to the area; and that 27 losing access to the easement area at this time could preclude the objectives raised by the City's 28 long-term plans, even if those plans may change when fully implemented. 29 30 The vote in opposition to the motion was based in support of the idea that enough time had 31 passed to believe that the easement was no longer necessary, and favored returning the use of the 32 property to the private owner. 33 34 Staff has prepared the resolution and provided it to Council for review and adoption. The 35 resolution lays out the background and findings for the City's retention of the easement rights, 36 and denying the request for vacation. 37 38 Councilmember Jenson stated when he first read this prior to learning the City had purchased the 39 easement, his mind was changed to support the resolution. 40 41 Councilmember Walker stated from the last meeting, the fact that this was purchased, it should 42 not be deemed as unfair. It is in the best interest of the City if the ownership is retained by the 43 City. 44 45 Councilmember Randle stated he disagrees, he feels the applicant's reasons for the request are 46 justified and we should support the request.