9.b) Staff Report-Request to Vacate StreetsSCANDIA
Staff Repovt
Date of Meeting: January 20, 2015
To: City Council
From: Kristina Handt, Administrator
Re: Request to Vacate Waxstad, Columbus, 3rd and 4th streets
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 sections of Waxstad, Columbus, 3rd and 4th
streets proposed to be vacated are: Donald Wheatlake, Donald McGinley, Sheldon Fox, and
Darlene Bestland. A copy of the petition is included in your packet. It appears the petition
received on December 11, 2014 does meet the requirement of being signed by a majority of the
abutting property owners.
Don McGinley initiated the process. He would like to have all of his property combined rather
than separated by these unopened streets.
Issue:
Should the City Council vacate portions of Waxstad, Columbus, 3rd and 4th 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
February 17th 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 1-20-15-03
2) Amend and then Approve Resolution 1-20-15-03
3) Do not approve Resolution 1-20-15-03
Recommendation:
Option 1.