Review of the request to approve Case No. VAC-07-02 a request to vacate a drainage easement on property located at 128 N. 1st
Commissioner Vicky Blasi called the public hearing to order at 7:31 p.m. She stated that the public hearing on Case No. VAC-07-02 was pursuant to Section 10-103A of the City Subdivision Regulations requesting to vacate the drainage easement along the west property line located at 128 N. 1st Lot 2.
Commissioner Blasi laid out the ground rules and questioned if any of the Board members intended to disqualify themselves from hearing the case due to them or their spouses owning property in the area of notification or had conflicts of interest or a particular bias on the matter. Commissioner Costello disqualified himself because he was being employed by ICM. Commissioner Blasi asked that the minutes show that Commissioner Costello disqualified himself because he was being employed by ICM and had temporarily disassociated himself from the assembled Commission. Commissioner Blasi stated that according to the bylaws those members abstaining from voting were still part of the quorum and declared that a quorum of seven (7) was present for the hearing as Commissioner Scott arrived at 7:32 p.m.
Commissioner Blasi stated that according to the Secretary that notice of the public hearing was published in the Mt. Hope Clarion on March 29, 2007 and notification was mailed to the applicant and 9 real property owners of record in the area of notification on April 4, 2007. She stated that unless there was evidence to the contrary that she would declare that proper notification had been given. No evidence to the contrary was presented.
Commissioner Blasi questioned if any of the Commission members had received any ex parte verbal or written communications prior to the hearing which they would like to share with all the members. Hearing none she called upon the Subdivision Administrator, Diana Brooks to provide the members with a background report on the case.
Ms. Diana Brooks, Subdivision Administrator, stated that the when the lot was platted there was a 20 ft drainage easement requested for various reasons. She stated that ICM was asking to vacate the existing easement and grant a new easement 135 ft to the east. Ms. Brooks asked the City Engineer to present technical information regarding the moving of the easement.
Mr. Brian Boutwell, City Engineer, reminded the Commissioners that when the platting process was done it was recognized that a certain area to the south and west naturally flowed across lots one and two north to the railroad ditch. He stated that the City wanted to maintain the drainage way thus requiring the 20 ft drainage easement between lots one and lots two. He stated that since then ICM has changed their plans and was asking to move the easement 135 ft east and vacate the existing easement. He stated that with the new building being at the current elevation it would make it difficult to drain through the 20 ft easement originally platted and he was convinced that the easement moved 135 ft would work.
Mr. Boutwell stated that the plan for the parking lot showed that the water would discharge into a drainage pipe and that from an engineering standpoint the new easement would work as long as the elevations would allow emergency overflow in a major storm.
Ms. Brooks reminded the Commissioners the land would be used for parking, lay down for the manufacturing equipment, and a recreation center. Ms. Brooks questioned if the City Engineer would allow ICM to move the easement a second time. Mr. Boutwell stated that the easement needed to be permanent to keep from hindering the emergency overflow. He stated the more critical point was that the Crocker and Wichita Ave. project was under design and the profile grading on the project had been changed for the third time and the align needed to be locked in.
Commissioner Blasi called upon the applicant to make a presentation on the request and respond to any of the information given by the Subdivision Administrator.
Mr. Chuck May, Schwab Eaton, stated he was working with ICM and Mr. Boutwell on the revised drainage plan, that he was in agreement that ICM could provide a drainage pipe and provide overland flow for a big storm. Mr. May stated that the pipe had been sized to carry the 100 year storm and provide drainage for Wichita Ave.
Mr. Kory Wilson, ICM, reiterated that ICM was working to set their parking lot to Wichita Ave grade and questioned what the next step would be. Commissioner Blasi stated that a recommendation would forwarded to the Governing Body.
Commissioner Blasi called for public comments, hearing none questioned if there had been any written communications or petitions from the public. Ms. Brooks stated that there had been one call of support for the application.
Commissioner Blasi hearing no further public comments closed the public hearing at 7:57 p.m.
Commissioner Blasi stated that the Commission would consider the request and determine if the met the statutory requirements being
a. due and legal notice had been given - Yes
b. no private rights would be injured or endangered - No
c. the public would suffer no loss or inconvenience - No
d. in justice to the petitioner(s) the vacation should be granted - No
Commissioner Blasi stated that they needed to determine if the City Clerk had received any objections to the vacation from any landowners who would be a proper party to the petition, but had not joined therein. Ms. Brooks stated that no objections had been received.
Commission Blasi called for a motion after hearing no further discussion.
Having considered the evidence at the hearing and determined that the statutory requirements as set out in Section 10-103A2 of the Subdivision Regulations which are necessary for granting a vacation have been met, I Dennis Gruenbacher move that we recommend to the Governing Body that Case No. VAC-07-02 be granted subject with the conditions that we allow a 20 ft easement for the 135 ft east and make it to grade. Commissioner Angie Banz second the motion. There was no discussion. Upon a call vote the motion carried 6-0 with Commissioner Costello abstaining due to being employed by ICM.
Commissioner Blasi stated that the recommendation and a summary of the hearing would be forwarded to the Governing Body for their consideration at the May 14, 2007 meeting which began at 7:00 p.m. in the same room.
She thanked ICM for participating in the hearing and called in agenda item 5.