03-27-2013 Council Agenda - Laserfiche WebLink

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RELEVANT LINKS: A.O. Op. (June 20, 1988) (informal opinion). See also, LMCIT Information Memo, Public Hearings. In unplatted areas, there is no similar guidance from the Court. However, the vacation statute and due process still require the city to send notice to all property owners "affected" by the vacation. Since the term is undefined in statute, the city must develop a reasonable policy regarding notice. The location of the individual street and the character of the surrounding property should be taken into account in determining sufficient notice. An informal Minnesota Attorney General letter stated that, for due process reasons, it may be prudent to extend the notice requirements beyond fee title owners of property to mortgagees and contract for deed vendors who may be significantly affected by a vacation. b) Notice to the commissioner of Natural Resources If the street or any part of the street terminates at, abuts upon, or is adjacent to any public water, written notice must also be served by certified mail upon the commissioner of Natural Resources at least 60 days before the public hearing. After notice is served on the commissioner, at least 15 days prior to convening the public hearing, the city council or its designee must consult with the commissioner to review the proposed vacation. This consultation should be documented by the city. The notice of the hearing and the consultation do not create a right of intervention by the commissioner. The commissioner must provide the city with its evaluation of the following: • The public benefits of the proposed vacation. • The present and potential use of the land for access to public waters. • How the vacation would impact conservation of natural resources. After receiving the commissioner's evaluation, the city should respond to the commissioner's concerns in its formal findings of fact granting or denying the vacation. c) Conducting the public hearing The fundamental purpose for holding a public hearing is to provide due process —a chance to speak and be heard —to all persons affected by the proposed vacation. Public hearings should include complete disclosure of what is being considered, and a fair and open assessment of the issues raised by the vacation. League of Minnesota Cities Information Memo: 7/9/2010 Vacation of City Streets 21 Page 4