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'1 J 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 a. Planning File 3599: by Ray Cartwright to V ACA TE a portion of a ROADWAY adjacent to 403 Wagner Street and 1823 Western Avenue (CONTINUED FROM OCTOBER 6, 2004). Chairman Jim Mulder opened the public hearing and requested City Planner Thomas Paschke to provide a verbal summary of the project report and staff recommendations dated December 1, 2004, Mr. Paschke explained that applicants Rollinger/Elias-Cartwright seek approval of a street right-of-way vacation for the north 30 foot wide portion of Wagner Street adjacent to 403 Wagner Street and 1823 Western Avenue. On October 6,2004 the Planning Commission continued the issue until the Park and Recreation Commission could review the need to retain a trail easement. He explained that the Public Works & Community Development Departments recommend approval of the Wagner street right-of-way vacation by Rollinger/Elias- Cartwright, subject to one condition and the retention of a utility easement. At the November 4th, 2004 meeting the Roseville Parks and Recreation Commission voted to recommend retaining the pathway easement. This was primarily due to the proximity and connection to Reservoir Woods, Ramsey County Open Space, Tamarack Park and Lake McCarrons. Although they see no immediate need for such a pathway or trail they were reluctant give up the public accessway forever. Based on the determination of the Public Works Department a 30 foot by 158.5 foot portion of the Wagner Street road right-of-way is no longer necessary for roadway purposes. City Planner Paschke recommended approval of the Wagner street right-of-way vacation requested by Sue & Jay Rollinger and Anne & Ray Elias-Cartwright, subject to the following conditions: a. The retention of a 30 foot wide utility easement over the portion of street right-of-way to be vacated. The applicant must submit the legal description of the area to be vacated and the proper legal document on which to record the vacation at Ramsey County, both to be reviewed and approved by the Director of Public Works, Retention of existing utility easements and creation of a pathway easement for continued use by the public b. c.