9.b) Staff Report-Request to Vacate 1st Avenue � � ��
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SCANDIA
Staff Report
Date of Meeting: May 21, 2013
To: City Council
From: Kristina Handt, Administrator
Re: Request to Vacate 151 Ave.
Agenda Item #: 9.b)
Background:
Ross Brunfelt was at the April meeting to begin discussions of vacating 1 s`Ave west of Olinda
Trail between his property and Greg Benson's. This section of City Right of Way would connect
Lilleskogen Park with Olinda Trail. Pedestrians would then have to travel north on the sidewalk
before crossing Olinda Trail to the proposed Scandia/Marine Trail Loop. Copies of the
Lilleskogen Park Plan and Trail Plan are available on the City's website under the Park and
Recreation section.
Prior to last month's meeting Brunfelt also expressed his concerns to the Park and Rec
Committee in March. However, since it was not an agenda item, the committee did not take
formal action.
Issue:
Should the City Council hold a public hearing regarding the vacation of 1 S` Ave?
Proposal Details:
Since the April meeting, Brunfelt has obtained more signatures from abutting property owners.
A copy of the petition is included in your packet. Also included in your packet is Resolution OS-
21-13-04 which would call for a public hearing, as required by statute, if the Council would like
to move forward with vacating the street. As Attorney Vivian mentioned at the April meeting,
the Council is not required to hold a public hearing or move forward with the request to vacate.
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 Im�act:
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 OS-21-13-04
2) Amend Resolution OS-21-13-04 and then Approve it.
3) Take no action to vacate 15' Ave
CITY OF SCANDIA
RESOLUTION NO. OS-21-13-04
A RESOLUTION SETTING A PUBLIC HEARING ON A VACATION COMMENCED
BY A PETITION OF A MAJORITY OF ABUTTING LANDOWNERS
WHEREAS, a petition signed by the majority of property owners abutting 1 S` Ave was received
by the City Clerk on the 26`�' day of April, 2013; and
WHEREAS, the petition requests that the City Council, pursuant to Minnesota Statute
§412.851, vacate lst Ave, described as follows: That part of 1S1 Ave in the plat of Scandia lying
easterly of vacated 3`d Street and westerly of the right of way described in Washington County
Highway Right of Way Plat No. 111; and
WHEREAS, the City Clerk has reviewed and examined the signatures on said petition
and determined that such signatures constitute a majority of the landowners abutting upon the
portion of 1 st Ave to be vacated; and
WHEREAS, a copy of said petition is attached hereto.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL
OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA: the Council will
consider the vacation of such street and a public hearing shall be held on such proposed vacation
on the 18t� day of June, 20]3, before the City Council in the Community Center located at 14727
209`" St. N., Scandia, MN 55073 at 7 pm. The City Clerk is hereby directed to give published,
posted and mailed notice of such hearing as required by law.
Adopted by the Scandia City Council this 2151 day of May, 2013.
Randall Simonson, Mayor
ATTEST:
Kristina Handt, Administrator/Clerk
Appendix B: Petition for Vacating a Street
PETITION FOR VACAT[ON OF(A PORTION O�_ ��RI�►/�� STREET
[N THE CITY OF SGs�.ie,4. ,County of
��sLµi'.���w/ ,Minncsnta.�
TO:The City Counci!of S6.v-n/�l.� .Mi�ncso4�
T7u undecaigned�a majority of the propMy owacrs as sel forti�oppoaite their respectivc names�
abatting on_ ���' A✓vLr,� street�1 respeetf611y petition the city council to
vacation[hc aforaaid(portion o� ��r �i�� strcct.�
Print Name Signatnrc Address or Dcscriprion ef Property
�osS' 7!�b� D/��.�lc T/_ �/_T S�a.,/iw�,t�,(/
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j'1}i�rn Y � !Y 7� Z 6Q k h;// /Z `1. �a ibt''•Q/��cJ
,�y�� � � �Y�oz o��rr��� � .0 �����,�r.�
`� ' od on thc 11� day of�j,_,,,20„�„
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.�,t„ � (Signaturc o[Cily Claic).
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'Thc abuuing lar►downers'peHtion is not�equin:d to oornn�aiee a va�atioo.'t't�o City Couneil aqy oommrna o
vaealio�praeodu�e on its own initiativc.Howaver,a vocntioe oommenud without a valid petiGon must be y�ued bp
a 415 fivaablo nsolutian of City Council.When a petition needinB muliiple at�cels of poper Is used�eaeh shat
slrould bear�he fl�tl hading ac the top�ao that a11 si�a�s aed the city Fave a dear urdastand'mg of the�ure otlhe
�uon being apwd.
Please�a"Proced�m for VseaBon ot Sueetr"nxnto Sed(on Ii-A-I for a discussion of�he legnl nquinemrnts
reletiag b sbutting landowners dptotura.
�Thc deaerlptioo of�he strcet to bc vaea�ed ahadd be eanplde enough to provent any poss;ble uncat�inty or
ambiguity.!n samc wsa�paQuculorly whcre only n portion of o public atr�et or arouods.vill bc vacatad,a te�ai
description rrar be n�eessary.
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