9.b) Staff Report-Vacate Part of 2nd StSCANDIA
Staff Repovt
Date of Meeting: November 18, 2014
To: City Council
From: Kristina Handt, Administrator
Re: Vacate Part of 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.
At the September public hearing there was some concern expressed about Mr. Eginton's garage
being located on the public street. Since then the City Attorney has worked with the Conleys to
amend their request.
Issue:
Should the City Council vacate a portion of 2nd St lying north of Columbus Street and
immediately adjacent to Lots 4, 5, 6, 7 & 8 in the Revision of Vasa Plat?
Proposal Details:
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 resolution has been amended since the September meeting to only include the vacation of
the portion of 2nd Street that abuts the properties south of Mr. Eginton's. Since there is some
question about the placement of the garage, this will allow a portion of the vacation to move
forward without a significant expense on the part of the City.
Fiscal Impact:
Recording fee with the County, $46.
Options:
1) Approve Resolution 11-18-14-07
2) Amend and then Approve Resolution 11-18-14-07
3) Table Resolution l l-18-14-07
4) Direct Staff to Prepare a Resolution Denying the Vacation, include reasons for denial.
Recommendation:
Option 1.