02-20-2018 Planning Commission Packet

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#LA18-00001 February 20, 2018 Page 2 of 3 right of intervention by the commissioner. At least 15 days prior to convening the hearing required under this section, the council or its designee must consult with the commissioner of natural resources to review the proposed vacation. The commissioner must evaluate: (1) the proposed vacation and the public benefits to do so; (2) the present and potential use of the land for access to public waters; and (3) how the vacation would impact conservation of natural resources. MN State Statue 462.358 Subd. 7. Vacation. The governing body of a municipality may vacate any publicly owned utility easement or boulevard reserve or any portion thereof, which are not being used for sewer, drainage, electric, telegraph, telephone, gas and steam purposes or for boulevard reserve purposes, in the same manner as vacation proceedings are conducted for streets, alleys and other public ways under a home rule charter or other provisions of law. A boulevard reserve means an easement established adjacent to a dedicated street for the purpose of establishing open space adjacent to the street and which area is designated on the recorded plat as "boulevard reserve". Orono City Code. Sec. 78-9. - Vacation of streets, alleys and public grounds. Vacation of streets, alleys and public grounds shall follow the procedures set forth in this chapter; except that such vacation shall require a petition by a majority of the landowners abutting the property to be vacated, and a hearing preceded by two weeks' published and posted notice, all as required by Minn. Stat. § 412.851. The council may vacate any publicly owned utility easement or boulevard reserve which is not being used for sewer, drainage, electric, telegraph, and telephone, gas and steam purposes or for boulevard reserve purposes, in the same manner as vacation proceedings are conducted for streets, alleys and other public ways. A boulevard reserve means an easement established adjacent to a dedicated street for the purpose of establishing open space adjacent to the street and which area is designated on the recorded plat as boulevard reserve. Engineer/ Public Works Director Comments The right of way in question is in use for existing utilities and there are proposed future utilities plan for this space in the near future. Current plans have the generator at the far east end of the ROW. The west end of that ROW functions as a turnaround for the road since a cul-de-sac is not present. While there may be some benefit to the public in the future to adjust the right of way through a land swap to accommodate the improvements including the pavement outside of the right of way, that proposal has not been presented or proposed. If vacated, the city would need a utility and access easement possibly over the entire area. Staff Analysis This unimproved platted right of way has sanitary sewer located within the right of way. There is a utility project planned for the spring of 2018 to install a generator in the right of way. The area has some black top improvements which function as a turnaround for neighbors, delivery trucks, and public works vehicles. Approving this request would conflict with the City Code which stated we shall only vacate right of way if there are no utilities located in the space. Approving this request would also conflict with MN State Statute which stated a vacation should be done if it is in the interest of the public. With the current utilities there is public benefit with keeping the right of way.