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z <br /> 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. Application <br /> Exhibit B. Survey <br /> Exhibit C. MPG background memo <br /> Exhibit D. Notification information <br /> Exhibit E. State Statute 412.851 <br />