Ord 180 Procedures for Vacation of Streets or AlleysCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
ORDINANCE NO. 180
(CODIFIED AS ORDINANCE NO. 302)
AN ORDINANCE ESTABLISHING PROCEDURES
FOR VACATIONS OF STREETS OR ALLEYS
The City Council of the City of Mendota Heights, Minnesota, ordains as
follows:
Section 1. Purpose. The Council may by resolution vacate any street,
alley, public ground, public way, or any part thereof on its own motion or
on petition of a majority of the owners of land abutting on the street, alley
or public grounds to be vacated. When there has been no petition, the resol-
ution may be adopted only by a vote of four-fifths of all members of the
Council,
Section 2. Application. An application for vacation shall be filed with
the City Clerk and shall state the exceptional conditions and any practical or
peculiar difficulties or community benefit claimed as a basis for a vacation.
An application fee of $250 shall be required and submitted along with the
application. The application fee shall not be refundable unless the application
is withdrawn prior to referral to the City Council. There shall be no fee in
the case of applications filed in the public interest by the City Council,
Planning Commission or state government agencies.
Section 3. Issuance. Within thirty (30) days after receipt of staff
reports and recommendations, the Council shall hold a public hearing affording
an opportunity for all parties interested to be heard and shall give no less
than two weeks published and posted notice. In considering an application for
vacation, the Council shall consider the effect of the proposed vacation upon
the health, safety and welfare of occupants of surrounding lands, existing and
anticipated traffic conditions and the affect of the proposed vacation on the
Comprehensive Plan. If the Council shall determine that the proposed vacation
will be in the best interest of the public and will not be detrimental to the
health, safety or general welfare of the community and is in harmony with the
general purpose and intent of this Ordinance and the Comprehensive Plan, the
Council may grant such vacation.
After a resolution of vacation is adopted, the City Clerk shall prepare a
notice of completion of the proceedings which shall contain the name of the City,
identification of the vacation, a statement of the time of completion thereof and
a description of the real estate and lands affected thereby. The notice shall be
presented to the County Auditor for entry in his transfer records and shall
then be filed in the office of the Dakota County Recorder.
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Section 4. This ordinance shall be in full force and effect from and
after its publication according to law.
Enacted and ordained into an Ordinance this 7th day of April, 1981.
ATTEST:
ka
'thleen M. Swanson
City Clerk
CITY OF MENDOTA HEIGHTS
By Robert G. Lockwood
Mayor