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    9.    
City Council Regular
Meeting Date: 01/07/2020  
Subject:    Vacations of Public Roadway and Utility Easements for Port Riverwalk
Submitted For: David Brodie From: Kim Reid, Administrative Legal Assistant

INTRODUCTION
On October 15, 2019, Council adopted resolutions requesting a public hearing for public roadway, utility and sanitary sewer easement vacations for the Port Riverwalk area and set a public hearing on the vacations for November 19, 2019.  These public hearings were eventually continued until January 7, 2020. 
DISCUSSION
The HRA currently has a purchase agreement with Centra Homes to develop the HRA owned Port Riverwalk site on the south side of Coon Rapids Boulevard near Avocet Street with 136 detached townhomes.  On October 15, 2019, Council adopted Resolutions 19-104, 19-105, 19-106, 19-107, 19-108 and 19-109 requesting a public hearing for public roadway, utility and sanitary sewer easement vacations and set a public hearing for November 19, 2019.  On December 17, 2019, Council approved two of the vacations.  In addition, on December 17, 2019, Council opened and continued the public hearing to consider the remaining three vacations to January 7, 2020. 

The delay in Council consideration of the easement vacations was necessitated by Xcel Energy's continued objections to the vacations.  Xcel's concern centers around existing electrical lines that are still in use in the easements to be vacated.  As of the date of this memorandum, Xcel has preliminary agreed to withdraw its objection to the remaining vacations and City staff is waiting on Xcel's final approval to withdraw its objections.  Assuming Xcel withdraws its objections by the Council meeting, the process for vacating easements under the City's charter requires a public hearing and passage of a vacation resolution.  City staff believes the vacations are appropriate and in the interest of the public given the benefit of redeveloping the Port Riverwalk site.
RECOMMENDATION
Council is asked to conduct a public hearing and adopt Resolution Numbers 20-12, 20-13 and 20-14 vacating public roadway and utility easements. Vacations commenced on the initiative of the City require a four-fifths majority vote in favor of the resolution to vacate.

Attachments
Resolution 20-12
Resolution 20-13
Resolution 20-14
Port Riverwalk Site Map
RLS 278, 100th Avenue Map
RLS 279, Tracts G and I
RLS 279, Tracts B, C, D, E, F, G and I Map

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