HomeMy WebLinkAboutResolution No. 165-08 J
RESOLUTION NO.
WHEREAS, Independent School District #535 initiated a proceeding to vacate the
undeveloped right-of-way along the south property line of Block 5, Cascade Subdivision. The
property is located east of 11th Avenue N.W., south of the Washington Elementary School and
west of 10th Avenue N.W.; and,
WHEREAS, Section 17.00 of the City of Rochester Home Rule Charter states that, [t]he
Common Council may, by resolution adopted by five affirmative votes, vacate any public street,
alley, way, grounds or easement, or any part thereof, upon its own motion or by acting upon a
petition filed by the owners of at least fifty percent of the lands which abut the line of the portion
of the public street, alley, way, grounds or easement, or parts thereof, proposed to be vacated;"
and,
WHEREAS, Section 17.00 of the City of Rochester Home Rule Charter further states
that, [n]o vacation shall be made unless the Common Council finds that to do so is in the public
interest;" and,
WHEREAS, the City Clerk gave notice in the manner prescribed by the Home Rule
Charter of the City of Rochester that this petition would be heard and considered by the
Common Council at a public hearing at 7:00 p.m. on March 17, 2008; and
WHEREAS, the City Clerk filed the petition in her office and, by publication in the official
newspaper at least ten days prior to the public hearing, gave notice that the petition had been
filed, briefly stating its request, and stated that the petition would be heard and considered by the
Common Council at 7:00 p.m. on March 17, 2008; and
WHEREAS, the Common Council convened on March 17, 2008, investigated and
considered the matter of the vacation of the right-of-way and gave all interested parties an
opportunity to be heard and to present evidence; and
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WHEREAS, at the March 17 to public hearing, the City Public Works Department testified
*at there is a public interest in maintaining the public right-of-way street easement in question
for the following reasons:
1. There is a development proposal on the abutting property that would
include the construction of a public alley within the area proposed to be
vacated; and,
2. Even if the current development proposal is not constructed, this public
right-of-way is needed at this location to provide a future east/west
connection lying between Seventh Street N.W., and 14th Street N.W., for
pedestrians, bicycles and vehicles; and,
WHEREAS, on the basis of the petition filed, the testimony and evidence presented by
interested parties, the testimony of the City's Public Works Department, the recommendation of
the Planning and Zoning Commission, and the investigation and consideration of the matter by
the Common Council, it appears that it is in the best interests of the City of Rochester, its
inhabitants and all other members of the public to maintain the right-of-way in question.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Rochester that the request by Independent School District #535 for the vacation of the
undeveloped right-of-way along the south property line of Block 5, Cascade Subdivision is in all
things denied.
•
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS /74N DAY OF /) 12008.
PRESIDENT OF SAID COMMON COUNCIL
ATTEST:r'a'&yjd5z'4
C TY CLERK
APPROVED THIS 18tc DAY OF /YX k&4 , 2008.
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MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Zone 05\Vacate\RO W.0 804
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