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Draft Minutes Attachment D a. PLANNING FILE 08 -009 Request by Midland Hills Country Club for approval of a RIGHT -OF -WAY VACATION of an undeveloped portion of Walnut Street between Ryan Avenue, Highway 280, and the golf course Chair Bakeman opened the Public Hearing for Planning File 08 -009. Associate Planner Bryan Lloyd reviewed the request of Midland Hills Country Club for the VACATION of an undeveloped portion of the Walnut Street right -of -way that overlaps golf course property, at 2001 Fulham Street. Mr. Lloyd advised that a roadway had long existed in the location of the current VACATION request prior to the construction of Highway 280, at which time the longer roadway was removed and replaced with a connection between Walnut Street in Lauderdale and the highway within the highway's right -of -way. Mr. Paschke noted that the Walnut Street right -of -way had been undeveloped at least since 1974. Mr. Lloyd noted that, upon the collapse of the 1 -35W bridge on August 12, 2007, Highway 280 was designated as the primary detour route for the interstate, prompting the closing of highway accesses from Walnut Street, County Road B and other local streets. Mr. Lloyd advised that a joint determination by MnDOT and the City's Public Works /Engineering Department had determined that the City had no plans to improve Walnut Street in that location and that the interests of the public would not be compromised by Vacating the portion of the Walnut Street right -of- way that overlaps the Midland Hills property. Mr. Lloyd noted that a legal description of the land to be Vacated was still pending. Staff recommended APPROVAL of the request for a VACATION of that portion of the Walnut Street right - of -way that overlapped the southwest corner of the Midland Hills Golf Course property, based on the comments and findings outlined in Section 5, and the conditions detailed in Section 6 of the Project Report dated March 5, 2008. Commissioner Boerigter questioned why staff was not recommending Vacation of the entire right -of -way. Ms. Bloom advised that, in conversations with MnDOT and the City of Lauderdale, the City had a sanitary sewer force main in the triangular- shaped parcel owned by the City, and with potential need for expansion of that in the future, and possible widening of Highway 280 in the future, staff wanted to preserve that portion of the public right -of -way for those possible events and to provide sufficient room for water retention ponds if needed. Ms. Bloom noted that the City of Roseville didn't use the Walnut Street connection, only the City of Lauderdale. Ms. Bloom also noted that it was MnDOT's intent to add a noise wall later this year, and that this Walnut Avenue connection to Highway 280 was temporarily closed with rerouting caused by the 1 -35W bridge collapse in August of 2007, and was intended for permanent closure in 2009. Ms. Bloom noted that this was additional rationale for staff making the recommendation for Vacation, based on other needs in the corridor. Ms. Bloom further advised that, it was staff's intent to encourage the Golf Course to move the fence so it was consistent with property lines. Ms. Bloom clarified right -of -way dedications that are owned by the property owner, with dedication of right -of -way required by the City in some cases for public purposes; and when the City deemed the property was no longer needed, the property owner could ask that the dedicated easement be released. Ms. Bloom noted that the City didn't own the property, but just the rights for specific public purposes as needed. The applicant was present, but concurred with staff and had no comment. Chair Bakeman closed the Public Hearing, with no one speaking for or against. MOTION Member Wozniak moved, seconded by Member Boerigter to RECOMMEND APPROVAL of a RIGHT-OF-WAY VACATION for Midland Hills Country Club, 2001 Fulham Street, based on the comments and findings of Section 5, and conditions detailed in Section 6 of the Project Report dated March 5, 2008. Ayes: 5 Nays: 0 Motion carried. Chair Bakeman advised that the Case was scheduled to be heard by the City Council at their March 24, 2008 meeting.