05.02 - Road Vacation Petition-Public Hearing

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SANDELIN 30849 FIRsr STREET P.O. Box 298 PEQuoT LArms, MnvNEsoTA 56472 PAUL J. SANDELIN ATTORNEY AT LAW www.sandelinlaw.com October 1, 2009 City of Pequot Lakes City Council 4638 County Road 11 Pequot Lakes MN 56472 Re: Northern Food King Road Vacation Petition Our File No. 25000.094 Dear Mayor and Council Members: TELEPHONE (218) 568 -8481 FAX (218) 568 -8444 I am writing this letter to you regarding the upcoming Public Hearing on October 6, 2009 regarding the First Street and Second Street Road Vacation Petitions (the "Petition(s) ") brought by CLC Properties, LLC d/b /a Northern Food King ( "NFK "). The purpose of this letter is to provide you with background information regarding the road vacation process and specifically the Petition that you will be considering. The City has the authority to vacate roads and streets pursuant to Minn. Stat. §412.851. There are two methods available for a City to vacate a road or street under Minn. Stat §412.851. The first method is a petition brought by a property owner requesting the road vacation. That petition must be signed by a majority of property owners abutting the road, or section thereof proposed to be vacated, (not the majority of the front footage on the road) that is the subject of the petition. The City may adopt a resolution approving this type of petition by a majority vote of the City Council. Whether or not a City acts upon a petition is within the City's discretionary authority. The second method is for the City to initiate the road vacation petition. A road vacation commenced solely upon the initiative of the City requires a 4/5`h majority vote of the City Council in order to adopt a resolution vacating the street. Both methods require a public hearing. In either case in order for the City Council to adopt a resolution granting the petition it must make a finding that the "proposed vacation is in the best interest of the public, which means that the public must benefit in some manner from the vacation". This is the standard that governs road vacation petitions brought before a City. Likewise if a City denies a petition it must also make findings supporting the denial of a petition. Assuming the City adopts a resolution approving a petition, that resolution is then recorded with the County Recorder. The Petition brought by NFK, which is scheduled for a Public Hearing on October 6, 2009, �. includes a request to vacate a portion of Second Street and a portion of First Street. The Petition,