09-09-2024 CC Agenda Packet - Laserfiche WebLink

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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. 2. The proposed action meets the purpose and intent of this chapter. 3. The proposed action has been considered in relation to the future needs of the city, utility companies and surrounding property owners. b. The council and city staff shall have the authority to request additional information from the applicant or to retain expert testimony with the consent and at the expense of the applicant, said information to be declared necessary to establish performance conditions in relation to all pertinent sections of this chapter. c. The applicant or a representative thereof may appear before the council in order to present information and answer questions concerning the proposed request. d. Upon receiving the report and recommendation of the city staff, the council shall conduct the public hearing in a manner that allows members of the public a chance to speak and be heard. e. The council shall render its decision by adopting a resolution either granting or denying the vacation. The resolution shall include the city's reasons for granting or denying the vacation and include detailed findings of fact. The staff recommendation shall be entered in and made part of the permanent written record of the council meeting. f. When there has been a petition for vacation, approval of a right-of-way or easement vacation shall require passage by a majority vote of the entire council. When there has been no petition, the resolution must be adopted by a vote of four-fifths of all members of the city council. g. Whenever an application for a right-of-way or easement vacation has been considered and denied by the council, a similar application for a vacation shall not be considered again by the council for at least six months from the date of its denial. (5) Notice of completion. After a resolution granting a vacation is adopted, the city clerk shall prepare a notice of completion of the proceedings in accordance with the requirements under Minn. Stat. § 412.851. 62