HomeMy WebLinkAbout11.A.2 Request of Patrick Link for Return of Street and Utility Easment Vacation Fee General Business 11. A. 2.
SHAKOt'EE
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: R. Michael Leek, Community Development Director
DATE: 12/03/2013
SUBJECT: Request of Patrick Link for Return of Street and Utility Easement Vacation Fee (F)
Action Sought
The City Council is asked to offer a motion directing staff to return all, some of, or none of the fee
paid in connection with the vacation of rights-of-way and utility easements in connections with
South Parkview 1 st Addition.
Background
On November 19, 2013 the City Council approved the vacation of rights-of-way and easements
related to South Parkview 1 st Addition. In the early 1990s the City had taken action to vacate
them, but at that time Scott County refused to record the vacation(s). This fact was only
uncovered when the title work for South Parkview 5th Addition was provided. At the conclusion
of Council action on this matter, Patrick Link asked the City Council to consider returning the
vacation fee. His request was based on the belief that the recording should have been completed
years ago, or that the failure to record should have been identified years ago.
Staff reviewed recent City Attorney billings related to this matter, and identified charges of about
$345.00 billed to the City in October of this year. As was noted by Mr. Link City staff, as well as
himself, had spent several hours getting to the point of the Council approving the vacation. At
current staff hourly rates, it is reasonable to conclude that more than the $900.00 vacation fee has
been extended in attorney and staff time.
Recommendation
Staff does not have a specific recommendation for the City Council. Whether to return any or all
of the fee may turn on whether the Council believes that the City was unsuccessful in recording
the City Council vacation actions in the early 1990s, and thus should offset the current costs of
vacation.
Budget Impact
Should the City Council decide to return all or some of the vacation application fee it will have an
impact commensurate with the amount returned to the applicant.
Relationship to Vision
This item relates to City Goal F., Housekeeping.
Requested Action
The City Council is asked to offer a motion directing staff to return all, some of, or none of the fee
paid in connection with the vacation of rights-of-way and utility easements in connections with
South Parkview 1st Addition.
Attachments: