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Regular City Council Meeting Monday, May 18, 2009 Page 7 agreement to facilitate the Metropolitan Transit park and ride project; and clearing titles as agreed to by the City and property owner, Old Dominion. Councilmember Ihlan questioned whether there was compliance related to code enforcement issues and maintenance of this site; or whether truck storage issues were evident on the property. Mr. Trudgeon advised that, in accordance with his previous conversations with Councilmember Ihlan, staff was monitoring the .site on an ongoing basis, particu- larly since the City Council had ultimately denied earlier in 2009 an interim use permit request by Old Dominion to store trailers on the site. Mr. Trudgeon ad- vised that he had personally viewed the Xtra Lease parcel for non-compliance, and it appeared that the truck/trailer storage was on the southern side of the prop- erty, where substantial activity was occurring related to the park and ride facility construction. However, Mr. Trudgeon advised that he would turn this matter over to the City's code inspectors to determine compliance; noting that the property owner may cause some dispute related to their perceived rights on the property, but that staff would pursue that issue as well. Councilmember Ihlan requested a status report from staff to the City Council should code enforcement staff determine any non-compliance issues, or if the truck storage is indeed related to construction activities; specifically to determine if the property owner is in violation of the City Council's denial of their interim use permit request. Councilmember Ihlan suggested that the City Council with- hold action on this request pending receipt of the report from staff. Mr. Trudgeon advised that staff would provide that update to the City Council. Councilmember Pust questioned if, by taking this requested action, the City was losing any leverage for code enforcement; and confirming that the property owner had an obligation to comply with City Code related to code enforcement. Mr. Trudgeon advised that the City was not losing any leverage for code en- forcement; and confirmed that staff had provided for conditions for the City's va- cation and recording of the vacation with Ramsey County. Discussion included certain provisions of the Re-granting Agreement itself; 60- day review deadline of June 12, 2009; potential resolution of storage compliance prior to granting this request; specific land use issues and whether they were linked to specific code enforcement issues; and the vagueness of the word "promptly" related to page 2, Item 4 of the Agreement. City Attorney Anderson, at the request of Mayor Klausing, advised that there was no connection between the vacation agreement, contractual in nature; and that there was no language in the Vacation Agreement that would prevent the City