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STREETS, PARKS AND OTHER PUBLIC PROPERTY <br />§ 3.04.100 <br />d. <br />For requests involving the vacation <br />(4) Council action. <br />of an easement, the applicant shall <br />a. The council shall consider possible <br />a <br />submit a legal description of the <br />adverse effects of the requested vaca- <br />area to vacated. <br />tion. In order to grant a vacation, <br />(3) Public hearing required. <br />the council must find that the vaca- <br />tion is in the interest of the public. <br />a. <br />Upon receipt of a complete vacation <br />A determination that the vacation <br />request, the city shall set a public <br />is in the interest of the public shall <br />hearing following proper notifica- <br />be based upon (but not limited to) <br />tion. <br />the following factors: <br />b. <br />Notice of said hearing shall be <br />1. The proposed action has been <br />published once in the official <br />considered in relation to the <br />newspaper at least 14 calendar days <br />specific policies and provisions <br />prior to the hearing, and shall be <br />of and has been found to be <br />mailed at least ten calendar days <br />consistent with the city's <br />prior to the hearing to all landown- <br />comprehensive plan, including <br />ers of property directly abutting the <br />public facilities and capital <br />area to be vacated and to all utility <br />improvement plans. <br />companies serving the area. When <br />2. The proposed action meets the <br />platted streets are vacated, notice <br />purpose and intent of this <br />must be sent to all owners or <br />chapter. <br />occupants of the land within the <br />platted area. The notice will contain, <br />3. The proposed action has been <br />at minimum, a copy of the petition <br />considered in relation to the <br />or proposed resolution as well as <br />future needs of the city, utility <br />the time, place, and date of the <br />companies and surrounding <br />hearing. <br />property owners. <br />C. <br />If a street is to be vacated and any <br />b. The council and city staff shall have <br />part of it terminates at, abuts on, or <br />the authority to request additional <br />is adjacent to any public water, writ- <br />information from the applicant or to <br />ten notice will be served by certified <br />retain expert testimony with the <br />mail upon the commissioner of <br />consent and at the expense of the <br />natural resources at least 60 days <br />applicant, said information to be <br />before the public hearing. The city <br />declared necessary to establish <br />will consult with the commissioner <br />performance conditions in relation <br />at least 15 days prior to convening <br />to all pertinent sections of this <br />the public hearing to review the <br />chapter. <br />proposed vacation and will docu- <br />C. The applicant or a representative <br />ment the consultation. The city will <br />thereof may appear before the council <br />address the concerns raised in the <br />in order to present information and <br />commissioner's evaluation in its <br />answer questions concerning the <br />formal findings of fact granting or <br />proposed request. <br />denying the vacation. <br />d. Upon receiving the report and recom- <br />d. <br />The city staff shall prepare techni- <br />mendation of the city staff, the <br />cal reports where appropriate, and <br />council shall conduct the public hear - <br />provide general assistance in prepar- <br />ing in a manner that allows members <br />ing a recommendation of the action <br />of the public a chance to speak and <br />to the council. <br />be heard. <br />CD3:9 <br />