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Ramsey County in 1989 completed a plan which identified the BN County Road "C" rail right-of-way as a potential cross-county commuter or light rail line that should be acquired if abandonment is ever sought by BN. In 1996, the Ramsey County Regional Rail Authority adopted a resolution (#R96-09) which directed the Authority to negotiate for the acquisition of the rail right-of-way. By virtue of the BN filing for abandonment of a portion of the County Road "C" rail line from the Rollins Oil property to the west boundary of the City of Roseville, Burlington Northern has indicated its desire to not serve this area with rail capacity. The BN property in generally 100 feet in width within the City, connecting to a 50 to 60 foot wide right of way with Hennepin County and the City of Minneapolis. To adequately accommodate either (or both) a commuter rail line and a commuter/recreational non-motorized pathway as illustrated in the City Comprehensive Plan, the 100 foot wide right-of-way should be kept in tact if at all possible, not allowing parcels of the right-of-way to be sold off. 1.4 The staff understands that BN has filed for an amendment to its federal Surface Transportation Board abandonment application, that would eliminate the abandonment within Ramsey County and the City of Roseville in order to sell off a parcel for reuse to an adjacent, proposed warehouse building. It is not in the public's and City's interest to have the rail right of way sold off in parcels that would severely reduce or eliminate the continuity of a multi use commuter line and pathway/trail system. The Regional Rail Authority should acquire this parcel with the intent of keeping the right-of-way parcels in one ownership. The government agencies holding title could then determine if a short term, interim lease, or easement should be issued to potential users adjacent to the rail. 1.5 The issue of the proposed George Wintz Triangle Warehouse subdivision of a parcel of right-of-way from the BN rail line (the Triangle Warehouse, 35' by 703 feet or approximately 24,000 sJ.) should not be approved by the City during this 180 review period (through June, 1999) because of the impending County Rail Authority study and/or acquisition of this right of way land. 2.0 Staff Recommendation Staff recommends that the City Council adopt such resolutions of support for acquisition of the rail right-of-way as consistent with the City's Comprehensive Plan and Hennepin and Ramsey County Rail Authority Study and Plans. Further, the staff should be directed to notify the applicant for the minor subdivision commonly known as the Triangle Warehouse site that the subdivision will be considered premature and incomplete until such time as the 180 day Federal Surface Transportation Board Review of the abandonment proposal is completed. 3.0 Council Action By resolution (draft attached), determine that the proposed Wintz subdivision is premature and must await the outcome of the 180 day NSTB review period.