Title
RESOLUTION VACATING A PORTION OF NORTH 94TH AVENUE WEST IN THE PLAT OF RIVER SIDE PARK 2ND ADDITION TO DULUTH.
Body
CITY PROPOSAL:
RESOLVED, that:
(a) The city council finds a petition was filed with the city requesting the vacation described in (e) below; and
(b) Pursuant to Section 100 of the City Charter and Section 50-37.6 of Chapter 50 of the Duluth City Code, as amended, such petition was duly referred to the city planning commission and such commission gave due notice of public hearing and did consider same in a public hearing and the city planning commission found that the rights-of-way are not and will not be needed for public purposes; and
(c) The city planning commission, at its regular meeting on Tuesday, December 9, 2025 regular meeting, recommended approval of the vacation petition; and
(d) The city council finds that the rights-of-way proposed to be vacated:
1. are not and will not be needed for the safe and efficient circulation of pedestrians, bicycles, automobiles or trucks, or the efficient supply of utilities or public services in the city; and
2. are not otherwise needed to promote the public health, safety or welfare of the citizens of Duluth.
(e) On its own motion. the city council of the city of Duluth approves the vacation of the right-of-way legally described and depicted on the attached Exhibit A; and
(f) That the city clerk is, pursuant to Section 100 (b)(7) of the Home Rule Charter of the city of Duluth, 1912, as amended, authorized to record, with the register of deeds and/or the registrar of titles of Saint Louis County, Minnesota, a certified copy of this resolution showing the right-of-way to be vacated; and
(g) That the vacation shall lapse if this resolution is not recorded within 90 days of city council approval.
Statement of Purpose
STATEMENT OF PURPOSE: This resolution vacates a 0.21-acre portion of the North 94th Avenue West right-of-way lying between Lanigan Boulevard and the abandoned Duluth, Winnipeg, and Pacific Railway, known as the DWP Trail. This vacation of right-of-way was requested by an abutting property owner to make property improvements-specifically to build a well in replacement of the current well. The applicant has maintained the land adjacent to his property abutting 94th Avenue West for five years. A second abutting landowner, St. Louis County holding the property in trust for the State of Minnesota (i.e. tax forfeited property), provided a Letter of No Objection to the petition. While no petition of a majority of owners of abutting land was received, the city council makes its own motion for vacation of the same as recommended by the city planning commission.
On December 9, 2025, the Duluth city planning commission held a public hearing on the proposal, as shown in the staff report in Exhibit B, and voted 7 yeas, 0 nays, and 0 abstention to recommend the city council approve the vacation petition.
The motion to approve the vacation by the city council must prevail with at least six affirmative votes.