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4.O BACKGROUND � 4.1 The Ehlers property lies at 3060 Centre Pointe Drive, within the Centre Pointe Susiness � Park. The property has a Comprehensive Plan designation of Susiness Park (SP) and a � zoning classification of Planned Unit Development (PUD) . � 4.2 Minnesota State Statutes, Chapter 462.358, subdivision 7, provides municipalities � guidance for vacating publicly owned easements. Specifically, this subdivision reads: � Vacation. The governing body ofa municipalitymay vacate any publicly owned utility � easement or boulevard reserve or any portion thereof, which are not being used for � sewer, drainage, electric, telegraph, telephone, gas and steam purposes orfor boulevard � reserve purposes, in the same manner as vacation proceedings are conducted for streets, � alleys and other public ways under a home rule charter or other provisions oflaw. � 4.3 In 1997 the City Council approved the Centre Pointe PUD and, along with it, specific _ development plans and/or terms and conditions under which development would be _ allowed. The utility and drainage plans identified/created storm water management ponds _ designed to accommodate adjacent development drainage. One such pond and subsequent _ public drainage easement, lies in the southeast corner of the Ehlers property. _ 4.4 Ehlers' desire to expand their office building in compliance with the PUD will require the _ storm water management pond to be redesigned, the existing easement to be vacated, and _ the a new easement to be created for the new pond configuration. _ 5.O STAFF COMMENTS _ 5.1 When reviewing requests for vACATiNG PusLic EASEMENTS (in this instance a pond _ easement) , the Public Works/Engineering Department determines whether the request � will immediately or in the future, have an adverse impact the general health, welfare, or � safety of the citizens of the City of Roseville. The Department also determines whether it � is in the best interest of the City to retain an easement protecting the public interest. � 5.2 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. 6.O PUBLIC HEARING � 6.1 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. F 6.2 After closing the public hearing, the Planning Commission had further discussion about F the adequacy of parking on or near the property before voting unanimously (6-0) to F recommend approval of the proposed vACAT1oN with the conditions identified in Section F 7 of this staff report. Draft minutes of the public hearing are included with this report as Attachment E. PF09-009_RCA_042009 (3).doc Page 2 of 3