6.a) Staff Report-Hearing to Vacate 2nd StSCANDIA
Staff Repovt
Date of Meeting: September 16, 2014
To: City Council
From: Kristina Handt, Administrator
Re: Public Hearing to Vacate 2nd St
Background:
At the August 19, 2014 meeting, the Council received a petition from abutting landowners to
vacate the portion of 2nd Street between Columbus Street and Bluff Street in the Revision of
Vasa Plat. This is an unopened street. Property owners can access to their parcels over a private
road. Since the vacation process was commenced by a petition of property owners, only a
majority of the Council is needed to approve the vacation.
When a street is lawfully vacated, the easement granting the public the right to travel the street
ceases to exist, and the title to the land under the street reverts to the underlying fee owners of
the property for their exclusive use and enjoyment. The reversion occurs by operation of law,
and the city is not able to direct or convey ownership of the fee title upon vacation.
The law presumes property owners along the vacated street each hold a grant of soil to the center
of the street where their property abuts the street. As a result, upon vacation, title to half of the
street usually reverts to each abutting property owner. After a resolution granting a vacation is
adopted, the city clerk must prepare a notice of completion of the proceedings containing the
following:
• The name of the city.
• Identification of the street vacated.
• A statement of the time of completion of the vacation.
• A description of the real estate and lands affected thereby.
Issue:
Should the City Council vacate a 2nd St between Columbus and Bluff streets?
Proposal Details:
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. In addition to
publishing the notice twice in the Country Messenger, staff mailed notice to each property owner
in the Revision of Vasa Plat. 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. The only concern staff
would have with vacating the street is the possible problems in the future if property owners
loose access to their parcels via the private road. The Council may want to require proof of
recorded easements before making a decision.
Fiscal Impact:
Recording fee with the County, $46.
Options:
1) Approve Resolution 9-16-14-02
2) Amend and then Approve Resolution 9-16-14-02
3) Table Resolution 9-16-14-02
4) Direct Staff to Prepare a Resolution Denying the Vacation, include reasons for denial.
Recommendation:
Option 1.