04-28-2014 Council Packet - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 14, 2014 7:00 o’clock p.m. _____________________________________________________________________________________ Page 5 of 30 PLANNING COMMISSION COMMENTS – JOHN THIESSE, REPRESENTATIVE Thiesse stated he had nothing to report but would be available for questions. PUBLIC COMMENTS None PLANNING DEPARTMENT REPORT 6. WILCOX, 4550 WOLVERTON PLACE – VACATION OF CONSERVATION EASEMENT – PUBLIC HEARING – RESOLUTION NO. 6380 Curtis stated on April 10, 2013, pursuant to City Council Resolution 6136, the City received a Permanent Tree Stand and Native Grassland Preservation and Conservation Easement over the property located at 4550 Wolverton Place. The easement is currently the subject of litigation pending in Hennepin County District Court and its continuing viability has been brought into question, which has resulted in Staff and its legal counsel to re-evaluate the easement. Curtis noted the Conservation Easement was granted in conjunction with the subdivision of the 4500 Wolverton Place parcel. The grassland south portion of the easement exists over most of the current property at 4550 Wolverton Place. The grassland south area is primarily grass and it appears as a yard area surrounded by a private fence. There is no public use of the property covered by the grassland south area. Due to the nature and viability of the grassland south area, including its utility for the citizens of Orono, Staff finds that there is limited to no public interest in maintaining the grassland south portion of the conservation easement. Curtis stated the City Council should open the public hearing, consider comments from the public, and then make a determination on whether to adopt or amend the attached resolution vacating the conservation easement. Mayor McMillan opened the public hearing at 7:34 p.m. Revis Stephenson, 1850 Fox Ridge Road, stated he owns the parcel adjoining this property and that he is in favor of vacating the easement. Stephenson asked why the entire conservation easement is not being vacated if it is no longer needed for public purpose and it is in the public’s interest to vacate the conservation easement. Stephenson encouraged the City Council to vacate the entire conservation easement. Mattick stated in order to vacate an easement, public notice has to be given and that the conservation easement over Mr. Stephenson’s property has not been noticed for a hearing tonight. Mattick stated it would not be possible to amend the resolution to include Mr. Stephenson’s parcel. Stephenson stated he wished he had been notified prior to this about the vacation so they could have addressed that. McMillan indicated that would need to be a separate legal action. Item #02 - CC Agenda - 04/28/2014 Approval of Council Minutes 04/14/2014 [Page 5 of 30]