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Council approves vacation of Gateway Avenue ROW, creates new utility easement; Rivers abstains
Summary
The Chisago City Council approved vacating a portion of the Gateway Chisago Plat roadway right-of-way and approved a replacement drainage and utility easement; Council member Marie Rivers abstained because she owns part of the property.
The Chisago City Council on Sept. 23 approved a petition to vacate a portion of the plated right-of-way (ROW) in the Gateway Chisago Plat and to establish a new drainage and utility easement to protect existing underground utilities.
Associate Planner Leah Nelson explained staff received a petition from property owners TMC Holdings LLC and D&C Fisk Properties LLC to vacate the ROW and create a new easement covering the location of existing utilities. Nelson said the original roadway easement contemplated an extension of Gateway Avenue to Sportsman Drive, but construction of the Chisago Lakes Apartments has diminished the need or ability to extend the road.
City Administrator John Pechman told the council there is a new utility easement that provides access to a hydrant and a shut-off valve serving the apartment complex and that the apartments have private utility lines; staff recommended finalizing a resolution and authorizing the mayor and administrator to execute it.
Council member Marie Rivers stated she owns part of the property and said, "I own part of this property and with no need for a future road it makes sense to vacate the ROW." Council member Craig Meyer moved to open and then to close the public hearing as needed during the discussion. Meyer later moved to approve the vacation and creation of the new drainage and utility easement; Council member Mark Anderson seconded. Rivers abstained and the motion was recorded as carried.
The council directed staff to finalize the resolution and to proceed with execution by the mayor and administrator. The council did not record a roll-call vote tally in the minutes beyond noting Rivers' abstention.
