9.b) Staff Report-Request to Vacate 2nd StSCANDIA
Staff Repovt
Date of Meeting: August 19, 2014
To: City Council
From: Kristina Handt, Administrator
Re: Request to Vacate 2nd St
Background:
Under state law, a majority of owners of land abutting the street to be vacated may initiate the
vacation by petition. The property owners abutting the section of 2nd St. proposed to be vacated
are: Donald Wheatlake, Donald McGinley, TJ and Angie Conley, Charles Eginton, and Bruce
Lindahl. Copies of the petitions are included in your packet. It appears the petitions received on
August 4 and 7, 2014 do meet the requirement of being signed by a majority of the abutting
property owners.
Angie Conley initiated the process and discussion with her neighbors in order to gain more space
to locate her septic system. Angie and her husband TJ may be at the meeting to answer any
questions you have.
Issue:
Should the City Council vacate a 2nd St between Columbus and Bluff streets?
Proposal Details:
Once a petition has been verified as sufficient, the Council may hold a public hearing on the
proposed vacation. A resolution is included in your packet to set the public hearing for the
September 16th regular Council meeting date. Vacating a street is a legislative act and the
Council has wide discretion to maintain or abandon a road.
After the public hearing, the Council, in its sole discretion, can decide whether or not to vacate
the road. 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.
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 8-19-14-03
2) Amend and then Approve Resolution 8-19-14-03
3) Do not approve Resolution 8-19-14-03
Recommendation:
Option 1.