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y--� <br />Department Approval: <br />T ����� <br />REQUEST FOR COUNCIL ACTION <br />DATE: 5/18/2008 <br />ITEM NO: 7.d <br />City Manager Approval: <br />� �� <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 VACATto1v 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 />a 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 />E and ride project. <br />i Project Review History <br />� � Application submitted and determined complete: April 13, 2009 <br />�- • Sixty-day review deadline: June 12, 2009 <br />�o • Project report recommendation: April 24, 2009 <br />? � • Planning Commission action (6-0): May 6, 2009 <br />�2 • Anticipated City Council action: May 18, 2009 <br />i; 2.0 SUMMARY OF STAFF RECOMMENDATION <br />ia At the duly notice public hearing, tho citizens wre present to address the Commission <br />�5 regarding the VACAT�otv request. Subseyuently, the Planning Commission recommended <br />� 6 (6-0) approval of the requested VACaT�oN; see Section 5 of this report for details. <br />i 7 3.0 SUMMARY OF SUGGESTED ACTION <br />� 8 ADOPT a RESOI,UTION APPROVIONG the RIGHT-OF-WAY VACATION; see Section 6 of this <br />� � report for details. <br />�G 4.0 BACKGROUND <br />� 4.1 The Old Dominion property lies at 2750 Cleveland Avenue, within the Twin Lakes <br />2� Redevelopment Area. The property has a Comprehensive Plan designation of Business <br />2s Park (BP) and a zoning classification of General Industrial ([-2) and Planned Unit <br />2; Development (PUD). <br />25 4.2 Minnesota State Statutes, Chapter 462.358, subdivision 7, provides municipalities <br />2E guidance for vacating publicly owned easements. Specifically, this subdivision reads: <br />2 i Vacation. The governing body of a municipality may vacate any publicly owned utiliry <br />2�s easement or boulevard reserve or any portion thereof, which are not being used for <br />2� sewer, drainage, electric, felegraph, telephone, gas and steam purposes or for boulevard <br />PF09-012 RCA 051809 (2).doc <br />Page 1 of 3 <br />