9.b) Staff Report-Public Hearing to Vacate Birch LaneSCANDIA.
Staff Repovt
Date of Meeting: January 21, 2014
To: City Council
From: Kristina Handt, Administrator
Re: Request to Vacate portions of Birch Lane
Background:
At the November work session, the Council reviewed a request from Steve Kronmiller regarding
his understanding of how property lines were to be reconfigured following the paving of 188th St.
As discussed, the plan to convey land to adjoining landowners was halted when releases could
not be obtained from the Federal and State government for the old drainfield that was purchased
with "201" wastewater grant funds.
In order to address some concerns about the possibility of properties needing variances from the
old road setback and to provide access to the current 188th St for some driveways that went over
City property, the Council discussed vacating a portion of Birch Lane and granting easements for
the driveways. The Council still wanted to maintain access to Big Marine Lake so not all of
Birch Lane was proposed to be vacated.
Under state law, there are two ways for commencing a street vacation. The Council on its own
may start the process. However, the resolution for a vacation would then need to be approved by
a 4/5 vote of the Council. Alternatively, a majority of owners of land abutting the street to be
vacated may initiate the vacation by petition
Issue:
Should the City Council hold a public hearing regarding the vacation of portions of Birch Lane?
Proposal Details:
Included in your packet is Resolution 01-21-14-06, which would set a public hearing for the
vacation of those portion of Birch Lane identified. Landmark Surveying provided the legal
description and attached survey to indicate which portions are being considered for vacation.
Similar to the plan originally approved by the Town Board, staff is recommending that a 30foot
wide section of Birch Lane be maintained between the roadway to the lake and the property the
City owns (former drainfield site). Also, staff is recommending a 60foot right of way be
maintained along 188th St.
Per the League of Minnesota Cities' memo, state statute allows a city council to vacate a street
only upon a finding that the vacation is "in the interest of the public." The public includes
persons other than those in the immediate vicinity of the vacation. Mere long-term, non-use of a
street ground does not necessarily equate with a finding that the vacation is in the best interest of
the public. As long as access to the lake and a wide enough road right of way is maintained, staff
can see no public use for the portions proposed to be vacated.
Fiscal Impact:
There will be costs associated with required mailings and public hearing notices. Notice of the
public hearing would need to appear in the legal newspaper and written notice must be mailed to
each property owner affected by the proposed vacation.
Options:
1) Approve Resolution 01-21-14-06
2) Amend Resolution 01-21-14-06 and then Approve it.
3) Take no action to vacate portions of Birch Lane