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ARDEN HILLS CITY COUNCIL—January 25, 2010 6 6. PUBLIC HEARINGS A. Approve Resolution 2010-005 for the Vacation of the Underground Electric Easement and Pedestrian and Bicycle Way Easement on,the Arden Plaza Property Subject to the Two Conditions in the January 25, 2010, Planning Case Report to the City Council City Planner Meagan Beekman stated on July 13, 2009, the City Council approved Planning Case 09-011 for a Master Planned Unit Development (PUD), Preliminary and Final Plat, and Final PUD for Phase I of the Arden Plaza Redevelopment proposal. In the process of filing the Final Plat Ramsey County informed the developer that there was an issue with one of the existing easements located on the property. The easement, as recorded with Ramsey County, describes an area that runs east-west along the northern portion of the Arden Plaza property. The easement is described as an Underground Electric Easement and Pedestrian and Bicycle Way Easement. Minnesota Statute only allows drainage and utility easements to be recorded with a final plat. Easements for road or pedestrian ways are required to be dedicated as right of way. The solution being suggested to remedy the situation is to vacate the existing easement, record the final plat, which includes a drainage and utility easement that has been altered to cover the electric transformer box and associated electric lines, and then record a new trail easement by separate document that covers just the trail itself. Mayor Harpstead opened the public hearing at 7:29 p.m. Mayor Harpstead closed the public hearing at 7:30 p.m. MOTION: Councilmember Holden moved and Councilmember Grant seconded a motion to approve Resolution 2010-005 for the Vacation of the Underground Electric Easement and Pedestrian and Bicycle Way Easement on the Arden Plaza Property Subject to the Two Conditions in the January 25, 2010, Planning Case Report to the City Council. Councilmember McClung asked Mr. Trooien to update the Council on the plans for the Arden Plaza property. Mr. Denny Trooien, Vice President of Arden Plaza, LLC, stated the economy is the reason the project is moving slower than expected. They are also waiting for the final approval from Walgreens. Councilmember Holmes pointed out the Resolution states the "Arden Hills City Council has determined that it is in the public's interest to vacate the Easement." She stated this has not been determined by the Council at this time. She asked why the City would vacate this utility easement and why there was an easement at this location. City Planner Beekman stated there are underground utilities located here. The City will maintain the electrical easement. The utility easement will be incorporated into the Final PUD that will be filed by the applicant. State Statute has been changed since this easement was established and a utility easement can no longer be with a pedestrian/bicycle easement.