8.2. SR 01-19-2016 - Laserfiche WebLink

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City Council City of Elk River Resolution 16-____ A Resolution of the City Council of the City of Elk River Denying a Petition to Vacate a Public Street Case No. EV 15-09 WHEREAS, a petition has been made by the adjacent property owners to vacate the public street described in Exhibit A attached hereto; and, WHEREAS, a public hearing on said petition was held on January 4, 2016, before the City Council of the City of Elk River after published and posted notice had been given, and all persons interested were given an opportunity to be heard at the public hearing. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, : Minnesota, as follows 1.The petition to vacate the public street described in Exhibit A is hereby denied based upon the following Findings of Fact: A.Minnesota Statutes, Section 412.851, allows for the vacation of a public street if it appears in the interest of the public to do so. B.The Minnesota Supreme Court has held that a public street should not be vacated unless the public will benefit, in some manner, from the vacation. C.The public street proposed to be vacated provides access from Main Street to the shore of Lake Orono. D.The Minnesota Supreme Court has held that where a public street provides access to a lakeshore for any proper activity, before it can be vacated it must appear that the street is useless for that purpose. The Supreme Court went on to hold that the public includes persons other than those in the immediate vicinity, and that it is not sufficient to show that the public street is not now used. It must be shown that the street may not be used in the future for access to the recreational benefits offered by the lake. E.Minnesota Statutes, Section 412.851, also requires that a petition to vacate a street adjacent to any public water be served on the Commissioner of the Department of Natural Resources who shall 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 will impact conservation of natural resources. The Commissioner is required to advise the City Council accordingly upon the Commissioner’s evaluation.