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•--. 18 4.0 BACKGROUND 19 4.1 The Ehlers property lies at 3060 Centre Pointe Drive, within the Centre Pointe Business 2o Park. The property has a Comprehensive Plan designation of Business Park (BP) and a 2� zoning classification of Planned Unit Development (PUD). z2 4.2 Minnesota State Statutes, Chapter 462.358, subdivision 7, provides municipalities 2s guidance for vacating publicly owned easements. Specifically, this subdivision reads: 2a Vacation. The governing body of a municipaliry may vacate any publicly owned utiliry 25 easement or boulevard reserve or any portion thereof, which are not being used,for 26 sewer, drainage, electric, telegraph, telephone, gas and steam purposes or for boulevard 2� reserve purposes, in the same manner as vacation proceedings are conducted for streets, 2s alleys and other public ways under a home rule charter or other provisions of law. 29 43 In 1997 the City Council approved the Centre Pointe PUD and, along with it, specific 3o development plans and/or terms and conditions under which development would be 31 allowed. The utility and drainage plans identified/created storm water management ponds 32 designed to accommodate adjacent development drainage. One such pond and subsequent 33 public drainage easement, lies in the southeast corner of the Ehlers property. s4 4.4 Ehlers' desire to expand their office building in compliance with the PUD will require the s5 storm water management pond to be redesigned, the existing easement to be vacated, and ss the a new easement to be created for the new pond configuration. 3 % 5.0 STAFF COMMENTS 38 5.1 When reviewing requests for VACATING PUBLIC EASEMENTS (in this instance a pond 3g easement), the Public Works/Engineering Department determines whether the request 4o will immediately or in the future, have an adverse impact the general health, welfare, or 4� safety of the citizens of the City of Roseville. The Department also determines whether it 42 is in the best interest of the City to retain an easement protecting the public interest. 4s 5.2 44 45 46 a� 6.0 a8 6.1 49 The Public Works/Engineering Department has reviewed the request by Ehlers and has determined that the subject storm water easement can be vacated and replaced by a new easement that covers the redesigned and approved (by Rice Creek and City Engineer) storm water pond. PUBLIC HEARING The duly-noticed public hearing for this application was held by the Planning Commission on April 1, 2009. No one from the public spoke on this issue. 50 6.2 After closing the public hearing, the Planning Commission had further discussion about 5� the adequacy of parking on or near the property before voting unanimously (6-0) to 52 recommend approval of the proposed vACAT[otv with the conditions identified in Section 5.� 7 of this staff report. Draft minutes of the public hearing are included with this report as 5a Attachment E. PF09-009_RCA_042009 (3).doc Page 2 of 3