167.071 VACATION OF CITY STREETS, ALLEYS OR OTHER PUBLIC PROPERTY - CITY PETITIONER.

   (a)    All requests for the vacation of any City street, alley or other public property shall be commenced by submitting a petition to Council which shall request such vacation, generally describe the property sought to be vacated, and briefly state the reason and purpose for requesting the vacation.

   (b)    Upon receipt of the petition, the City Clerk shall cause the petition to be placed upon the Council agenda. If Council wishes to consider the petition, it shall receive the petition and refer it to the City Planning Commission for review and public hearing upon the petitioner's request for vacation.

   (c)    Upon the Planning Commission's receipt of the vacation petition, the Planning Department shall:

      (1)    Investigate and determine whether the property is needed for a public purpose;

      (2)    Whether an easement or other interest should be retained by the City, or obtained or created by the City;

      (3)    Submit a written report to the Planning Commission setting forth its findings; and

      (4)    Schedule a public hearing before the Planning Commission and at least ten days prior to such hearing notify in writing all property owners within 200 feet of the affected property of the date, time and place of the public hearing to be held before the Planning Commission. Such notice shall generally set forth the vacation being sought and inform the recipient that failure to appear at the public hearing to voice any objection to the vacation, or to otherwise object in writing to the Planning Commission, shall be considered agreement with the proposed vacation.

   (d)    At the public hearing before the Planning Commission, the Commission shall consider the following:

      (1)    Whether the property sought to be vacated continues to have a public use or purpose, such as, but not limited to, alternate property access, refuse collection or police and fire protection, which would be impaired by granting the request for vacation;

      (2)    Whether other types of action such as, but not limited to, granting an encroachment or narrowing the public property currently being used, will accommodate the purpose of the vacation as contained in the petition without the need for a vacation and, if so, consider such action in lieu of a vacation;

      (3)    Whether the City, any franchisee or any other utility company, with or without the benefit of an easement, has any facilities located on, under, above, across or through the property proposed to be vacated which would be impaired or access to which would be unreasonably diminished by the vacation; and

      (4)   Whether access to abutting private property desired to be preserved by the owner(s) would be lost by the vacation.

   (e)    At the conclusion of the public hearing before the Planning Commission, the Commission shall vote upon a recommendation for or against the vacation, either as it was proposed or in such other form as the Commission deems appropriate, and it shall further recommend whether easements for municipal purposes shall be retained over the property proposed to be vacated.

   (f)    The recommendation of the Planning Commission shall then be submitted to Council by the City Manager and may include additional comments or recommendations of the City Administration.

   (g)    If upon the recommendation of the Planning Commission and the City Manager, Council wishes to proceed with all or any portion of the proposed vacation, Council may, but shall not be obligated to, order the preparation of an ordinance to vacate the property in conformity with the recommendations of the Board or upon terms determined by a majority of Council.

   (h)    After Council has ordered the preparation of the ordinance vacating the subject property, the necessary legislation shall be prepared and presented to Council for its consideration or approval. (Ord. 2021-9-75. Passed 9-8-21.)