Loading...
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.