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Created: 2022-07-19 16:12:32 [EST] <br />(Supp. No. 20, Update 2) <br />Page 8 of 29 <br />3. The proposed action has been considered in relation to the future needs of the City, utility <br />companies and surrounding property owners. <br />b. The Council and City staff shall have the authority to request additional information from the <br />applicant or to retain expert testimony with the consent and at the expense of the applicant, said <br />information to be declared necessary to establish performance conditions in relation to all pertinent <br />sections of this Chapter. <br />c. The applicant or a representative thereof may appear before the Council in order to present <br />information and answer questions concerning the proposed request. <br />d. Upon receiving the report and recommendation of the City staff, the Council shall conduct the <br />public hearing in a manner that allows members of the public a chance to speak and be heard. <br />e. The Council shall render its decision by adopting a resolution either granting or denying the <br />vacation. The resolution shall include the city’s reasons for granting or denying the vacation and <br />include detailed findings of fact. The staff recommendation shall be entered in and made part of <br />the permanent written record of the Council meeting. <br />f. When there has been a petition for vacation, approval of a right-of-way or easement vacation <br />shall require passage by a majority vote of the entire Council. When there has been no petition, <br />the resolution must be adopted by a vote of four-fifths of all members of the City Council. <br />g. Whenever an application for a right-of-way or easement vacation has been considered and <br />denied by the Council, a similar application for a vacation shall not be considered again by the <br />Council for at least six months from the date of its denial. <br />5. Notice of Completion. After a resolution granting a vacation is adopted, the City Clerk shall <br />prepare a notice of completion of the proceedings in accordance with the requirements under <br />Minn. Stat. § 412.851. <br />Secs. 18-11—18-40. Reserved. <br />ARTICLE II. FRANCHISES <br />Sec. 18-41. Definitions. <br />The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them <br />in this section, except where the context clearly indicates a different meaning: <br />Franchise means any special privilege granted to any person in, over, upon or under any of the streets or <br />public places of the city, whether such privilege has heretofore been granted by it or by the state or shall hereafter <br />be granted by the city or by the state. <br />(Code 1984, § 2.60(1)) <br />Cross reference(s)—Definitions generally, § 1-2. <br />11