02-26-2024 CC Agenda Packet - Laserfiche WebLink

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2. Filing.A written request to vacate a right-of-way or an easement shall be accompanied by the following: a. Information, both written and graphic, that describe the reason for, and location of, the proposed vacation; b. A fee as set forth in the Fee Schedule; c. For requests involving the vacation of right-of-way, the applicant shall submit the addresses of all properties directly abutting the right-of-way to be vacated; and d. For requests involving the vacation of an easement, the applicant shall submit a legal description of the area to be vacated. 3. Public Hearing Required. a. Upon receipt of a complete vacation request, the City shall set a public hearing following proper notification. b. Notice of said hearing shall be published once in the official newspaper at least fourteen calendar days prior to the hearing, and shall be mailed at least ten calendar days prior to the hearing to all landowners of property directly abutting the area to be vacated and to all utility companies serving the area. When platted streets are vacated, notice must be sent to all owners or occupants of the land within the platted area. The notice will contain, at minimum, a copy of the petition or proposed resolution as well as the time, place, and date of the hearing. c. If a street is to be vacated and any part of it terminates at, abuts on, or is adjacent to any public water, written notice will be served by certified mail upon the Commissioner of Natural resources at least 60 days before the public hearing. The City will consult with the commissioner at least 15 days prior to convening the public hearing to review the proposed vacation and will document the consultation. The City will address the concerns raised in the commissioner’s evaluation in its formal findings of fact granting or denying the vacation. d. The City Staff shall prepare technical reports where appropriate, and provide general assistance in preparing a recommendation of the action to the Council. 4. Council Action. a. The Council shall consider possible adverse effects of the requested vacation. In order to grant a vacation, the Council must find that the vacation is in the interest of the public. A determination that the vacation is in the interest of the public shall be based upon (but not limited to) the following factors: 1. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the City's Comprehensive Plan, including public facilities and capital improvement plans. 50