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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.