§ 23-1. Vacating public grounds or streets.

(a)

No public grounds or streets shall be vacated except after a public hearing upon a resolution of the council passed by a four-fifths ( 4/5 ) vote or upon the petition of any of the abutting property owner(s) of such public grounds or streets residing within the city, and completion of the procedure hereinafter specified, and in Minnesota Statutes Section 440.135. Such petition shall set forth the reasons for such desired vacation, accompanied by a plat of such public grounds or streets proposed to be vacated, and such petition shall be verified by the oath of any of the abutting property owners. If in the discretion of the council, it is expedient that the matter be proceeded with, it may order the petition filed for record with the city clerk, order a hearing on such petition and fix the time and place of such hearing.

(b)

The city clerk shall post notice of such hearing and publish notice in the city's legal newspaper at least two (2) weeks prior to the hearing. Newspaper publication must be once a week for two (2) weeks. In addition, written notice of the hearing must be mailed to each property owner affected by the proposed vacation at least ten (10) days before the hearing. Such notice shall state in brief the object of such hearing, the time, place and purpose thereof and the fact that the council, shall hear the testimony and examine the evidence of the parties interested.

(c)

The council, after the public hearing on the property owner(s) petition, may by resolution passed by a simple majority of a quorum declare such public grounds or streets vacated, or deny such petition. The resolution, if granting the petition, shall be certified by the city clerk and shall be filed for record and duly recorded in the office of the registrar of deeds of the county.

(Code 1984, Title 6, §§ 610—630; Ord. No. 92-6, 5-11-92; Ord. No. 2018-13 , 6-11-18)

Charter reference

Vacating streets, § 12.06.