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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 the Roseville Parks and Recreation Commission meeting the Commissioners 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. b. 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. c. Retention of existing utility easements and creation of a pathway easement for continued use by the public Jay Rollinger, 403 Wagner, explained his interest in retaining the right-of-way as green space rather than retaining a pathway easement. The Park and Pathways Plan would need to be amended to include this pathway easement. Chair Mulder asked if different landscaping can be done. Staff will work with the owners based on limitations of the easements. Member Doherty asked if the pathway would connect to another street, not to another pathway (yes, at this time). Mr. Rollinger explained his work with the assessors regarding the tax basis of this property. There being no further public comment, Chairman Mulder closed the hearing. Motion: Member Bakeman moved, second by Member Doherty, to recommend approval of the request to vacate a 30 foot by 158.5 foot portion of Wagner street right-of-way based on the findings in Section 6 and the conditions of project report dated December 1, 2004. Ayes: 6 Nays: 0 Motion carried. b. Planning File 3616: Request by Shafer Contracting for an INTERIM USE PERMIT to allow for the temporary creation of a concrete recycling area on property at the southeast corner of Cleveland Avenue and County Road C2 (Dorso parcel). Chairman Jim Mulder announced that the Planning Commission received a letter, dated November 30, 2004, requesting a continuation of the proposal for sixty (60) days and (as per the letter) extending the City Council review period sixty days. Motion: Member Bakeman moved, second by Member Traynor, to accept the request of the applicant for continuation of this matter for 60 days. Ayes: 6 Nays: 0 Motion carried.. c. Planning File 3608: Request by Jones Lang LaSalle for a PLANNED UNIT DEVELOPMENT AMENDMENT at Rosedale Center to allow an easterly expansion of the mall. Chairman Jim Mulder reminded the Planning Commission members that a special tour was taken by five members