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REQUEST FOR COUNCIL ACTION <br />DATE: 5/18/2008 <br />ITEM NO: 7.d <br />Department Approval: City Manager Approval: <br />t a <br />if <br />Item Description: Request by Old Dominion Freight Lines for the vacation of public right - <br />of -way on the north and east sides of property at 2750 Cleveland Avenue <br />(PF09 -012). <br />1 1.0 REQUESTED ACTION <br />2 1.1 Old Dominion Freight Lines is requesting the VACATION of the public road right -of -way <br />3 adjacent to and inclusive of the north and east sides of their property at 2750 Cleveland <br />4 Avenue. This vacation request is consistent with the Vacation and Re- Granting <br />5 Agreement entered into by the City and Old Dominion as part of the Metro Transit park <br />6 and ride project. <br />7 Project Review History <br />8 • Application submitted and determined complete: April 13, 2009 <br />9 • Sixty -day review deadline: June 12, 2009 <br />10 • Project report recommendation: April 24, 2009 <br />11 • Planning Commission action (6-0): May 6, 2009 <br />12 • Anticipated City Council action: May 18, 2009 <br />13 2.0 SUMMARY OF STAFF RECOMMENDATION <br />14 At the duly notice public hearing, tho citizens wre present to address the Commission <br />15 regarding the VACATION request. Subsequently, the Planning Commission recommended <br />16 (6 -0) approval of the requested VACATION; see Section 5 of this report for details. <br />17 3.0 SUMMARY OF SUGGESTED ACTION <br />18 ADOPT a RESOLUTION APPROVIONG the RIGHT -OF -WAY VACATION; see Section 6 of this <br />19 report for details. <br />20 4.0 BACKGROUND <br />21 4.1 The Old Dominion property lies at 2750 Cleveland Avenue, within the Twin Lakes <br />22 Redevelopment Area. The property has a Comprehensive Plan designation of Business <br />23 Park (BP) and a zoning classification of General Industrial (I -2) and Planned Unit <br />24 Development (PUD). <br />25 4.2 Minnesota State Statutes, Chapter 462.358, subdivision 7, provides municipalities <br />26 guidance for vacating publicly owned easements. Specifically, this subdivision reads: <br />27 Vacation. The governing body of a municipality may vacate any publicly owned utility <br />28 easement or boulevard reserve or any portion thereof, which are not being used for <br />29 sewer, drainage, electric, telegraph, telephone, gas and steam purposes or for boulevard <br />PF09- 012_RCA_051809 (2).doc <br />Pagel of 3 <br />