City Council Resolution 2010-56CITY OF MONTICELLO
WRIGHT COUNTY
RESOLUTION NO. 2010-56
DENYING VACATION OF A PORTION OF MAPLE STREET
UPON PETITION OF A MAJORITY OF ABUTTING LANDOWNERS
WHEREAS, a petition requesting vacation of a portion of Maple Street and signed by the
majority of property owners abutting said property in the City of Monticello was received by the
City Clerk on the 91h day of October, 2009; and
WHEREAS, the petition requests that the City Council, pursuant to Minnesota Statute 412.851,
vacate a portion of Maple Street between River Street West and the Mississippi River, legally
described as:
"A portion of Maple Street located between River Street and the Mississippi River,
Original Plat of Monticello, County of Wright, Minnesota. Such street right-of-way
terminates at the Mississippi River."
WHEREAS, the City Clerk reviewed and examined the signatures on said petition and
determined that said signatures constituted a majority of the landowners abutting upon the
portion of said street proposed to be vacated; and
WHEREAS, said street proposed to be vacated abuts the Mississippi River, therefore written
notice was served by certified mail to the Commissioner of Natural Resources on the 9th day of
June, 2010, and comments were received in writing from the Department of Natural Resources
dated July 14, 2010; and
WHEREAS, a public hearing to consider the proposed vacation of said street was held on
August 9, 2010 at 7 p.m. before the City Council in the Monticello City Council Chambers after
due published and posted notice had been given, as well as personal mailed notice to all affected
property owners by the City Clerk on the 30th day of July, 2010, and all interested and affected
persons were given an opportunity to voice their concerns and be heard; and
WHEREAS, said public hearing was continued before the Monticello City Council on August
23, 2010 at 7 p.m. for further comments and consideration; and
WHEREAS, any person, corporation, or public body owning or controlling easements contained
upon the property proposed to be vacated, reserves the right to continue maintaining the same or
to enter upon such way or portion thereof vacated to maintain, repair, replace or otherwise attend
thereto; and
NOW THEREFORE, BE IT HEREBY RESOL VED BY THE CITY COUNCIL OF
MONTICELLO, MINNESOTA, such petition for vacation is hereby denied based on the
following findings:
Abutting property owners can make reasonable use of their property, as it is configured
today, without the proposed street vacation;
• The vacation of said portion of Maple Street would not be in the best interest of the City
as a benefit to the public;
• The proposed street vacation negatively impacts access to public waters as this dedicated
public road could provide public access to the Mississippi River for citizens of
Monticello and the state of Minnesota;
• There is a natural resource value in keeping the site in public ownership to maintain the
existing shoreline vegetative cover relative to water quality, fisheries and wildlife.
BE IT FURTHER RESOLVED, in consideration that petitioning landowners are willing to
provide and the City desires continued maintenance of said portion of street proposed for
vacation, petitioning landowners will assume liability for personal items and improvements
placed upon and into said portion of street, except for the private irrigation system, which the
City of Monticello will repair if damaged or disturbed by the City during drainage or utility work
within the right-of-way; and
BE IT FURTHER RESOLVED, that the City Clerk shall provide a copy of said resolution to
the Commissioner of Natural Resources in regard to the formal findings of fact presented in their
letter to the City.
ADOPTED BY the City Council of Monticello, Minnesota this 23rd day of August, 2010.
ATTEST:
Jeff OW, City Administrator
CITY OF MONTICELLO
i
Clint Herbst, Mayor
VOTING IN FAVOR: Herbst, Perrault, Posusta, Stumpf, Wojchouski
VOTING IN OPPOSITION: None