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FILE # 17-3933 <br />June 19, 2017 <br />Page 2 of 2 <br />posted notice, all as required by Minn. Stat. § 412.851. The council may vacate any publicly <br />owned utility easement or boulevard reserve which is not being used for sewer, drainage, <br />electric, telegraph, telephone, gas and steam purposes or for boulevard reserve purposes, in <br />the same manner as vacation proceedings are conducted for streets, alleys and other public <br />ways. A boulevard reserve means an easement established adjacent to a dedicated street for <br />the purpose of establishing open space adjacent to the street and which area is designated on <br />the recorded plat as boulevard reserve. <br />Chapter 412-851 of State statute allows a city to vacate a street if it appears in the best <br />interest of the public to do so. The Planning Commission and City Council must find a public <br />interest or benefit to approve a vacation. <br />Analysis <br />Staff does not support the vacation of the right of way. Lake Minnetonka is a valuable asset to <br />the city of Orono, and a vacation of right of ways that serves to limit the access is not in the best <br />interest in the city. The applicant has not demonstrated public interest in the property can be <br />maintained. <br />Public Comments <br />To date, no public comments have been received. <br />Issues for Consideration <br />1. Does the Planning Commission feel the vacation is appropriate? <br />2. Are there any other issues identified by the Planning Commission? <br />List of Exhibits <br />Exhibit A. <br />Application <br />Exhibit B. <br />Survey <br />Exhibit C. <br />MPG background memo <br />Exhibit D. <br />Notification information <br />Exhibit E. <br />State Statute 412.851 <br />