HomeMy WebLinkAbout6A - Vacation of Holly Circle
AGENDA #:
PREPARED BY:
SUBJECT:
DATE:
INTRODUCTION:
BACKGROUND:
STAFF AGENDA REPORT
6A
JANE KANSIER, PLANNING COORDINATOR
PUBLIC HEARING TO CONSIDER THE VACATION OF THE
RIGHT-OF-WAY FOR HOllY CIRCLE AND THE DRAINAGE
AND UTILITY EASEMENTS PLATTED IN HOllY COURT
JUNE 2, 1997
The City has received a petition from Eagle Creek Villas and
Joseph Knoblauch to vacate the platted right-of-way for Holly
Circle located on the south side of Cates Street, west of Albany
Avenue and east of CJ Circle. The petition also requests the
vacation of the utility and drainage easements platted within
the plat of Holly Court. A location map showing the road right-
of-way (Exhibit A) is attached for your information. Eagle
Creek Villas and Mr. Knoblauch are the only property owners
adjacent to this right-of-way.
As required by Minnesota Statute 412.851 (see Exhibit F),
notice of the hearing was published in the Prior Lake American
and individual notices were mailed to the adjacent property
owners.
M.S. 412.851 allows the Council to vacate right-of-way by
resolution. Since there has been a petition, the Council may
adopt a resolution by a majority vote. The statute also states
that "no such vacation shall be made unless it appears to be in
the public interest to do so".
Holly Court was platted in 1977, and the road right-of-way for
Holly Circle and the drainage and utility easements on
individual lots within the plat were dedicated at that time. This
five lot subdivision is undeveloped and remains in a natural
state. Currently, there are no utilities located in the right-of-
way; there is, however, a creek and an earthen dam located in
the right-of-way. Lots 1 and 5, owned by Joseph Knoblauch,
are currently in the tax forfeiture stage. The City has declined
an interest in the property, and no other governmental
jurisdictions have indicated any interest in these two lots.
1:\97files\97vac\vac97023\97023cc.doc Page 1
16200 Eagle Creek Ave. S.L Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQCAL OPPORTCNITY EMPLOYER
DISCUSSION:
In a vacation request, the City must determine whether there is
a public need or anticipated future need for the dedicated
property. After review, the staff has concluded that while there
is no public need for the Holly Circle right-of-way or the utility
and drainage easements on the individual lots, there is a public
need to maintain a utility easement through the right-of-way.
These needs are addressed as follows:
1. The applicant has presented the City with preliminary plans
to include Lots 2, 3, and 4 as part of the Eagle Villas
Assisted Living Facility PUD (Priorview PUD). As shown on
the proposed PUD plan, these lots will not be used as
single family, but rather as part of the proposed assisted
living facility property. Therefore, the issue of access and
individual utility/drainage easements are not relevant if the
lots are combined and the PUD is amended to include the
parcel or if the PUD is re-platted to include the lots. Access
to the remaining Lots 1 and 5 would be maintained from
Cates Street. The 20 foot drainage easement along Cates
street will be retained by the City.
2. The Engineering Department has determined that there is a
need to construct a watermain across the property to
provide better water service circulation in the area. This
can be accomplished with a utility easement over the
existing Holly Circle right-of-way.
The Planning Commission also reviewed this request at their
meeting on April 14, 1997. The Planning Commission agreed
with the above findings, and recommended approval of this
request subject to the following conditions:
1. Lots 2, 3, and 4 must be combined and added to PUD 82-
12 (Priorview) through a PUD amendment and replatting of
the property.
2. A utility easement covering the entire right-of-way for Holly
Circle be granted to the city.
3. The 20 foot drainage easement along Cates Street be
retained by the City.
ALTERNATIVES:
1. Adopt Resolution 97 -XX approving the vacation of Holly
Circle and the individual lot easements as requested.
2. Defer consideration of this item for specific reasons.
3. Based upon expressed findings of fact, recommend the
City Council deny part or all of the application based upon
inconsistency of the proposal with specific regulations of
the Zoning and Subdivision Ordinances and/or specific
I :\97files \9 7vac\vac97023\97023cc. d oc
Page 2
policies of the Comprehensive Plan.
RECOMMENDATION: The Planning staff recommends approval of Alternative #1.
Approval of this vacation should be subject to the following
conditions:
1. Lots 2, 3, and 4 must be combined and added to PUD 82-
12 (Priorview) through a PUD amendment and replatting of
the property.
2. A utility easement covering the entire right-of-way for Holly
Circle be granted to the city.
ACTION REQUIRED:
3. The 20 foot drainage easement along Cates Street be
retained by the City. /'
A motion and seco~d to atpt Resolution #97-XX
1\,\,~( Jv~~/'---
Reviewed BY{)OY~S' City Manager
I :\97fi les \9 7vac\vac97023\97023cc. doc
Page 3
RESOLUTION 97-XX
RESOLUTION PROVIDING FOR THE VACATION OF THE HOLLY CIRCLE RIGHT-
OF-WAY AND THE PLATTED UTILITY EASEMENTS AS PLATTED IN HOLLY
COURT
MOTION BY: SECOND BY:
WHEREAS, a petitIOn for the vacation of the Holly Circle right-of-way and the platted utility
easements has been duly presented to the City of Prior Lake, signed by a majority of the
owners of the property abutting the following described right-of-way situated in the
City of Prior Lake, Scott County, Minnesota to wit:
LEGAL DESCRIPTION:
The Holly Circle right-of-way adjacent to Lots 1-5, Block 2, Holly Court and the 10'
wide utility easement located along Lots 1-5, Block 2, Holly Court.
WHEREAS,
notice of the hearing on said petition has been duly published and posted in accordance
with the applicable Minnesota Statutes, and
WHEREAS,
a Public Hearing was held on said petition on Monday, June 2, 1997, at 7:30 p.m. in the
Council Chambers at the Prior Lake Fire Station # 1; and
WHEREAS,
the City Council then proceeded to hear all persons interested in said petition and
persons interested afforded the opportunity to present their views and objections to the
granting of said petition; and
WHEREAS,
the City Council of Prior Lake has determined that the vacation of said right-of-way and
utility easements would be in the public interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, that
pursuant to Minnesota Statues 412.851, the above described road right-of-way and utility easements
situated in the City of Prior Lake, Scott County, Minnesota is hereby vacated subject to the following
conditions:
1. Lots 2, 3, and 4 must be combined and added to PUD 82-12 (Priorview) through a PUD
amendment and replatting of the property.
2. A utility easement covering the entire right-of-way for Holly Circle be granted to the city.
3. A 20' drainage easement along Cates Street be retained by the City.
BE IT FURTHER RESOLVED that this Resolution will be forwarded to the Office of the County
Recorder, Scott County, for appropriate action.
Passed and adopted this 2nd day of June, 1997.
1:\97files\97vac\vac97023\res97xx.doc Page I
16200 Eagle Creek Ave. S.L Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTCNITY EMPLOYER
{ Seal}
I :\97files\97 vac\ vac97023\res97xx. doc
YES
ANDREN
GREENFIELD
KEDROWSKI
MADER
SCHENCK
ANDREN
GREENFIELD
KEDROWSKI
MADER
SCHENCK
NO
Frank Boyles, City Manager
City of Prior Lake
Page 2
PLANNING COMMISSION MEETING MINUTES 4/14/97
A. CASE #97-023 Eagle Creek Villas requested a vacation of the Holly Circle right-
of-way and the utility easements adjacent to Lot 2, 1-5, Block 2, Holly Court.
Planner Jenni Tovar presented the Staff Report. The City received a petition from Eagle
Creek Villas to vacate Holly Circle located south of Cates Street. Eagle Creek Villas
constitutes a majority of the property owners adjacent to this right-of-way, owning Lots
2,3, and 4. Joseph Knoblauch owns Lots 1 and 5.
Holly Court was platted in 1977. The road right-of-way for Holly Circle and drainage
and utility easements on individual lots within the plat were dedicated at that time. This
five lot subdivision is undeveloped and remains in a natural state. Currently, there are no
utilities or drainage ways through the right-of-way. Lots 1 and 5, owned by Joseph
Knoblauch, are currently in the tax forfeiture stage. Staff felt the proposal was consistent
with the Comprehensive Plan and will not eliminate a public need. Staff recommended
approval of the vacation of Holly Circle with the following conditions:
1. Lots 2, 3, and 4 shall be combined and added to PUD 82-12 Priorview via
platting and PUD.
2. A utility easement covering the entire right-of-way be granted to the City.
3. The 20 foot drainage easement along Cates Street will be retained by the City.
Comments from Commissioners:
Kuykendall and Stamson:
. Discussion on the easement and public right of way.
V onhof:
. Supported staffs recommendation with the conditions.
Criego:
Agreed with recommendations and supported the Resolution.
MOTION BY VONHOF, SECOND BY STAMSON, TO ADOPT RESOLUTION 97-
11PC RECOMMENDING TO THE CITY COUNCIL THE APPROVAL OF THE
V ACA TION OF HOLLY CIRCLE WITH THE FOUR RECOMMENDATIONS AS
STATED IN THE RESOLUTION.
All in favor. MOTION CARRIED.
7. Announcements and Correspondence:
Discuss amending the Zoning Ordinance and City Code to allow a 5' side yard setback
for existing residential structures in the R-1 and R-2 Districts.
1:\97files\97p\comm\pcmin\mn041497.doc
Page 7
PLANNING REPORT
AGENDA ITEM:
SUBJECT:
APPLICANT:
SITE:
PRESENTER:
PUBLIC HEARING:
DATE:
6A
Vacation at right-at-way
Eagle Creek Villas
Holly Circle
Jenni Tovar ~\e::(
_YES X NO-N/A
April 14, 1997
INTRODUCTION
The City has received a petition from Eagle Creek Villas to vacate Holly Circle
located south from Cates Street. A location map showing the road right-of-way
(Exhibit A) is attached for your information. Eagle Creek Villas constitutes a
majority of the property owners adjacent to this right-of-way, owning Lots 2, 3,
and 4. Joseph Knoblauch owns Lots 1 and 5.
As required by State statute 462.356 Subd.2 (see Exhibit E), the Planning
Commission is required to make a recommendation to the City Council regarding
the disposal or acquisition of public lands as it relates to the compliance with the
Comprehensive Plan.
Upon proper notification, State statute 412.851 allows the Council to vacate
right-of-way by resolution. The statute also states that "no such vacation shall be
made unless it appears to be in the public interest to do so".
BACKGROUND
Holly Court was platted in 1977. The road right-of-way for Holly Circle and
drainage and utility easements on individual lots within the plat were dedicated at
that time. This five lot subdivision is undeveloped and remains in a natural state.
Currently, there are no utilities or drainage ways through the right-of-way. Lots 1
and 5, owned by Joseph Knoblauch, are currently in the tax forfeiture stage. It is
unknown at this time if any governmental jurisdiction has any interest in the
property .
97-023PC.DOC 1
16200 E-!lgle Creek Ave. S.L Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTL'NITY EMPLOYER
DISCUSSION
The Planning Commission must make two determinations. Does the vacation of
Holly Circle and the drainage and utility easements comply with the
Comprehensive Plan a-nd is there a public need or anticipated future need for the
dedicated property?
Comprehensive Plan Review
The proposed vacation of Holly Circle and drainage and utility easement on
individual lots within the plat are:
. Not a part of existing or future Transportation Plan.
. Not a part of existing or future Parkffrail Plan.
. Not a part of existing or future Sanitary Sewer or Surface Drainage Plan.
. Not a part of existing or future Watermain Plan. While the Plan only indicates
existing and proposed trunk lines 12" or greater, there is a need for a smaller
connecting line to run through the Holly Circle right-of-way to better increase
the circulation of existing water lines.
The proposed vacation does comply with the Comprehensive Land Use Plan.
Public Need
1. The applicant has presented the City with preliminary plans to include Lots 2,
3, and 4 as part of PUD 82-12 Priorview. These lots were indicated not to be
used as single family, but rather as part of the proposed assisted living facility
property. Therefore, the issue of access and individual utility/drainage
easements are not relevant if the lots are combined and the PUD is amended
to include the parcel or if the PUD is re-platted to include the lots. Access to
the remaining Lots 1 and 5 would be maintained from Cates Street. The 20
foot drainage easement along Cates street will be retained by the City.
2. The Engineering Department has determined that there is a need to construct
a watermain across the property to provide better circulation in the area. This
can be accomplished with a utility easement over the existing Holly Circle
right-of-way.
While there is no public need for Holly Circle or utility/drainage easements on
individual lots, there is a public need to maintain a utility easement through the
property.
97-023 pc. noc
IT
2
RECOMMENDA TION
Considering that the proposed vacation is consistent with the Comprehensive
Plan and will not eliminate a public need, staff recommends approval of the
vacation of Holly Circle with the following conditions:
1. Lots 2, 3, and 4 are combined and added to PUD 82-12 Priorview via
rezoning and PUD amendment or the PUD be re-platted..
2. A utility easement covering the entire right-of-way be granted to the city.
3. The 20 foot drainage easement along Cates Street will be retained by
the City.
The vacation cannot be recorded until the lots are added to the PUD and a
utility easement is granted to the city as suggested.
ALTERNATIVES:
1. Adopt Resolution 97-11 PC, recommending the City Council approve the
proposed vacation of Holly Circle as presented or with changes
recommended by the Commission.
2. Continue the discussion to a date and time certain to allow the developer
and/or staff to provide additional information specifically requested by the
Planning Commission.
3. Based upon expressed findings of fact, recommend the City Council deny
part or all of the applications based upon inconsistency of the proposal
with specific regulations of the Zoning and Subdivision Ordinances and/or
specific policies of the Comprehensive Plan.
RECOMMENDA TION:
Alternative #1.
ACTION REQUIRED:
Motion to adopt the proposed Resolution as written or with changes directed by
the Planning Commission.
ATTACHMENTS:
A. Location Map
B. Copy of Application
C. Holly Court Plat
D. Memo from Sue McDermott, Assistant City Engineer
E. State Statute 462.356
F. State Statute 412.851
97-023PC.OOC
IT
3
RESOLUTION 97-11 PC
RESOLUTION RECOMMENDING THE VACATION OF THE RIGHT-OF-WAY
OF HOLLY CIRCLE LOCATED IN THE PLAT OF HOLLY COURT
MOTION BY: SECOND BY:
WHEREAS, the Planning Commission of Prior Lake has considered the
vacation of a street right-of-way on the property located as Holly
Circle in the plat of Holly Court; and
WHEREAS, the Planning Commission has determined that the proposed
vacation is compliant with the Comprehensive Plan; and
WHEREAS, the Planning Commission has determined that there is not a public
need for Holly Circle.
NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF PRIOR
LAKE, recommends to the City Council that the previously dedicated right-
of-way for Holly Circle be vacated subject to the following conditions:
1. Lots 2, 3, and 4 are combined and added to PUD 82-12 Priorview via (a.)
rezoning and PUD amendment or (b.) rezoning and re-platting of the
PUD.
2. A utility easement covering the entire right-of-way be granted to the city.
3. The existing 20 foot drainage easement along Cates Street be retained by
the City.
4. The final resolution vacating the right-of-way and easements not be
recorded until the final plat is approved.
Passed and adopted this 14th day of April, 1997.
res97011.doc Page 1
16200 Eagle Creek Ave. S.L Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
.Ai'i EQL.:.AL OPPORTL.:i'iITY E:V1PLOYER
CREIGO
KUYKENDALL
ST AMSON
WUELLNER
VONHOF
YES
CREIGO
KUYKENDALL
ST AMSON
WUELLNER
VONHOF
Bill Creigo, Chair
Planning Commission
Donald Rye, Director of Planning
City of Prior Lake
res97011.doc
NO
Page 2
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EXHIBIT A
LOCATION MAP
EXHIBIT B
~!tL - Oc9~
P!Dt
Applicant:
Addr ess :
Hane Phone:
CITY OF PRIOR LAKE
APPLICATION-FOR STREET, ALLEY AND UTILITY VACATION
Enc-t.LE {!~E~ 0~1"t5
771,-> e /'7.5"'+..!J 5;
~.y7-5cJS8'
PRI<'R~ ~~,k:-e-
/
Work Phone:
/'/?A/ 5"S3'7~
Y'~'7 ...,s-osr
Property Owner:
Address:
Home Phone:
5" A-/?"I;;-
Work Phone:
Legal Description of Si te to be Vacated: /-.1", /-t- Y /'Jv 2-"'-
F$Lt)~.,;:{ ..(or5 /-..;;J-3-~-5
.5T.eE6- r () Ilk )I
/1'-..50 fin?1 rY E.4-5E/Y1t!?"/Vr
Reason for Request: (May Attach) So u.j~ CA-N flUN_O o,u THe ~U..D
RrJ", D i:',~ h+ a;:: t#4':/
SUBMISSION REQUIREMENTS: (A) Completed Application form. (B) Canplete Legal
description & Property Identification Number (PID) . (C) Canplete legal
description of vacation site. (D) Petition or letter including the signatures
and addresses of all property owners who avn land adjacent to the proposed
vacation site. (E) Surveyor map of the proIX>sed vacation site. (F) Filing
Fee.
CN..Y COMPLETE APPLICATIONS SHALL BE REVIEWED BY 'mE CITY <XXJOCIL.
correct.
0- (7 -C;J
Date
~(/ '7 /11
Date I
THIS SECTION 'IO BE FILLED OOT BX THE PLANNIN:; DIREODR
CITY CQUOCIL
APPROJED
DENIED
HEARJN; DATE
CONDITIONS:
/
Signature of the Planning Director
Date
MESENBRINK CONSTRUCTION PHONE NO. 6124475036 Mar. 18 1997 03:01PM P2
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EXHIBIT D
Jane Kansier
From:
To:
Subject:
Date:
Susan McDermott
Jane Kansier
Eagle Creek Assisted Living Facility
Monday, April 07,1997 10:46AM
Please have the engineer loop the 8" water main at the north side of the property. An easement will be
needed through the vacated Holly Court right-of-way.
..
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f."'
h.ave the powers set forth in section
-1-. Except as otherwise provided by
lat there be a separate board of ap-
[annlng commission or a committee
s and adjustments. and it may pro-
~ given such other duties as the gov-
e as the board. the governing body
t the decisions of the board on mat-
ew or are tinal subject to appeal to
visory to the council. Hearings by
such time and upon such notice to
ng the board. The board shall with-
Id shall serve a copy of such order
Ipe:J.r :J.t the hearing in person or by
lposed by the governing body, the
'e it. Such rules may include provi-
. written briefs by the panies. The
h. shall include the minutes of its
~r heard by it, including the final
oes not act as the board of adjust-
I appeal or petition until the plan-
y it has had reasonable opportuni-
of adjustments and appeals upon
DMENT OF COMPREHEN-
Ig agency shall prepare the com-
IOning agency shall consult with
and agencies of the municipality
of the comprehensive municipal
~ due cognizance of the planning
d public agencies. The planning
nendments whenever necessary.
~. Each municipality in the met-
shall review and update its com-
'ovided in section -1-73.864. sub-
ent. The planning agency may,
with the municipal charter. rec-
. from time to time of a compre-
pted in sections. each of which
iC::I1 section of the municipality.
ipal plan and amendments t? !t
ing the comprehensive mUll!CI-
Ig agency shall hold at least one
)se of the he::Iring shall be pub-
st ten davs before the day of the
. .
nprehensive plan or an amend-
: has received the recommenda-
m the date an amendment pro-
ng agency for its recorrunenda-
[y- m;y by resolution by a tWf
:lensive plan or portion thereo
828
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EXHIBIT E
829
HOUSING. REDEVELOPML'iT. PLA..t'\'NlNG. ZONING -1620357
as the official municipal plan upon such notice and hearing as may be prescribed bv ordi-
nance. _
- Subd. -I. Interim ordinance. If a municipality is conducting studies or has authorized a
swdy to be conducted or has held or has scheduled a hearing for the pUrpose of considering
adoption or amendment of a comprehensive plan or official controls as detined in sectio~
-1-62.352. subdivisio~ 15. o.r if new territory for whic~ plans or contr?ls have not been adopted
is annexed to a mUDlClpalIty, the governIng body ot the mUnlclpalIty may adopt an interim
ordinance applicable to all or part of its jurisdiction for the purpose of protecting the planning
process and the health. safety and welfare of its citizens. The interim ordinance may regulate~
restrict or prohibit any use, development, or subdivision within the jurisdiction or a portion
thereof for a period not to exceed one year from the date it is effective. and may be extended
for such additional periods as the municipality may deem appropriate. not exceeding a total
additional period of 18 months. No interim ordinance may halt. delay, or impede a subdivi-
sion which has been given preliminary approval prior to the effective date of the interim ordi-
nance.
History: 1965 c 670 s 5: 1976 c 127521: 1977 c 347568: 1980 c 566524: 1983 c
216 an 1 s 67: 1985 c 62 s 1.2: 1995 c 1765-1
462.356 PROCEDURE FOR PLAN EFFECTUATION; GENERALLY.
Subdivision l. Recommendations for plan execution. Upon the recommendation by
the planning agency of the comprehensive municipal plan or sections thereof, the planning
agency shall study and propose to the governing body reasonable and practicable means for
putting the plan or section of the plan into effect. Subject to the [imitations of the following
sections. such means include, but are not limited to. zoning regulations, regulations for the
subdivision of land, an official map. a program for coordination of the nonnal public im-
provements and services of the municipality. urban renewal and a capital improvements pro-
gram.
Subd. 2. Compliance with plan. After a comprehensive municipal plan or section
thereof has been recommended by the planning agency and a copy tiled with the governing
body, no publicly owned interest in real property within the municipality shall be acquired or
disposed of. nor shall any capital improvement be authorized by the municipality or special
district or agency thereof or any other politlcal subdivision having jurisdiction within the
municipality until after the planning agency has reviewed the proposed acquisition. disposal.
or capital improvement and reported in writing to the governing body or other special district
or agency or political subdivision concerned. its findings as to compliance of the proposed
acquisition. disposal or improvement with the comprehensive municipal plan. Failure of the
planning agency to report on the proposal within -1-5 days after such a reference. or such other
period as may be designated by the governing body shall be deemed to have satistied the re-
quirements of this subdivision. The governing body may. by resolution adopted by two-
thirds vote dispense with the requirements of this subdivision when in its judgment it finds
that the proposed acquisition or disposal of real property or capital improvement has no rela-
tionship to the comprehensive municipal plan.
History: 1965 c 670 s 6
462.357 PROCEDURE FOR PLAN EFFECTUATION; ZONL.'iG.
Subdivision I. Authority for zoning. For the purpose of promoting the public health.
safety. morals. and general welfare. a municipality may by ordin:mce regulate on the earth' s
surface, in the air space above the surface, and in subsurface areas. the location. height.
width. bulk. type of foundation. number of stories. size of buildings and other structures. the
percentage of lot which may be occupied. the size of yards and other open spaces. the density
and distribution of population. the uses of buildings and structures for trade. industry. resi-
dence, recreation. public activities. or other purposes. and the uses of land for trade. industry.
residence, recreation, agriculture. forestrv, soil conservation. water supply conservation,
conservation of shorelands. as defined in s~ctions I 03E20 I to [03EllI. access to direct sun-
light for solar energy systems as de tined in section 216C.06. flood control or other purposes.
and may establish standards and procedures regulating such uses. No regulation may prohib-
~ipts exceed the esti-
It :my time by resolu-
Illcil reduce the sums
e the transfer of sums
iolution to other pur-
. OF FUNDS.
ating under Optional
~er :md no order shall
lvided in this section.
ry order shall specify
Ie fund from which it
redit of the fund from
all then outstanding
contract requiring the
he same is to be paid.
.ch such contract. The
!Ceeping and disburse-
from some unforeseen
if any calamity or any
making extraordinary
IreI' of emergency debt
t not more than seven
: maturity shall be lev-
on of an issue of such
red by all the members
designate a legal news-
in which shall be pub-
to be so published and
1 the public interest to
EXHIBIT F
500
STATUTORY CITIES 412.861
501
412.851 VACATION OF STREETS.
The council may by resolution vacate any street, alley, public grounds, public way,
or any part thereof, on its own motion or on petition of a majority of the owners ofland
abutting on the street, alley, public grounds, public way, or part thereof to be vacated.
When there has been no petition, the resolution may be adopted only by a vote of four-
fifths of all members of the council. No such vacation shall be made unless it appears
in the interest of the public to do so after a hearing preceded by two weeks' published
and posted notice. The council shall cause written notice of the hearing to be mailed
to each property owner affected by the proposed vacation at least ten days before the
hearing. The notice must contain, at minimum, a copy of the petition or proposed reso-
lution as well as the time. place, and date of the hearing. In addition, if the street, allev
public grounds, public way. or any part thereor terminates at or abuts upon :my pub~
lie water, no vacation shall be made unless ..vritten notice of the petition or proposed
resolution is served by certified mail upon the commissioner of nat'.lral resources at
least 30 days beiore the hearing on the matter. The notice to the commissioner of natu-
ral resources is for notific:ltion purposes only and does not create a right or intervention
by the commissioner. .-\fter a resolution or vacation is adopted. the clerk shall prepare
a notice of completion of the proceedings which shall contain the name of the city, an
identification of the vacation. a stateme:1t 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 who shall enter the same in the transfer records and note upon
the instrument. over official signature. the words ~entered in the transfer record. ~ The
notice shall then be filed with the county recorder. Any failure to tile the notice shall
not invalidate any such vacation proceedings.
History: 1949 c 1195 102; 1953 c 735 512: 1957 c 383 51: 1967 c 289 5 15; 1969
c 9585: 1973 c 123 art 251 5ubd 2: 1973 c 494511; 1976 c 181 5 2: 1986 c 444; 1989
c 183 5 -1; 1990 c -133 s 2
412.861 PROSECl.iTIONS. VlOL.\.TIONS OF ORDINAi.'KES.
Subdivision l. Complaint. All prosecutions for violation of ordinances shall be
brought in the name of the city upon complaint and warr.lnt as in other criminal cases.
If the accused be arrested without a warr.lnt. a written complaint shall thereafter be
made, to which the accused shall be required to plead. and a warrant shall issue thereon.
The warrant and all other process in such C:lses shall be directed for service to any police
officer, marshal. process officer. court officer. or constable of :my town or city in the
county, to the sheriff of the county, or all of them.
Subd. 2. Fonn and contents of complaint. It shall be a sufficient pleading of the ordi-
nances or resolutions of the city to refer to them by section and number or chapter.
They shall have the effect of general laws within the city and need not be given in evi-
dence upon the trial of civil or criminal actions. Judgment shall be given, if for the
plaintiff, for the amount of fine. penalty, or forfeiture imposed, with costs; and the judg-
ment shall direct that, in default of payment. the defendant be committed to the county
jail for such time, not exceeding 90 days, as the court shall see fit. The commitment shall
state the amount of judgment, the costs. and the period of commitment. Every person
so committed shall be received by the keeper of the jail and kept, at the expense of the
county, until lawfully discharged. The committing court may release the defendant at
any time upon payment of the fine and costs.
Subd. 3. Appeal to court of appeals. Appeals may be taken to the court of appeals
in the manner prescribed by court rule. On appealing, the defendant shall give bond
to the city, to be approved by the court, conditioned that, if the judgment be affirmed
in whole or in part, the defendant will pay the judgment, and all costs and damages
awarded against the defendant on the appeaL In case of affirmance, execution may issue
against both defendant and the defendant's sureties. Upon perfection of the appeal,
defendant shall be discharged from custody.
History: 1949 c 1195103; 1953 c 735 s 13; 1955 c 86757; 1973 c34 5 5: 1973 c 123
art 25 1 5ubd 2: 1976 c 2 5 132: 1983 c 359 5 66; 1984 c 387 s 2: 1986 c 444