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ver City Council City of Elk River Resolution 22-28 A Resolution of the City Council of the City of Elk River Denying a Petition to Vacate a Public Street Case No. EV 22-02 WHEREAS, a petition has been submitted 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 May 16, 2022, 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 public access from Concord 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. The public street proposed to be vacated is one of only two public ROW accesses to Lake Orono and used for several public activities, for example, lake/river maintenance, emergency access, snowmobile access, and general public access. F. There is no evidence that the portion of 189''' Avenue proposed to be vacated has caused any unusual maintenance or clean up obligations on the City. Any such maintenance responsibilities are similar to all other public streets in the City. G. After consultation with the City's liability insurance carrier on a previous ROW to the lake vacation, City staff has determined that denial of the petition to vacate this portion of 189`h Avenue will not have any impact on the City's liability insurance premiums, nor NATURE