Staff recommends that the Vacation of Right-of-Way be continued to the October 4, 2004 City Council meeting as the stipulations of approval have not been met.

PLANNING COMMISSION RECOMMENDATION:
Planning Commission recommends that the Vacation of Right-of-Way be approved with the following stipulations:

1. Prior to City Council approval, the proposed vacated portion of the right-of-way shall be recorded at the Register of Deed's office as a utility easement with a note on a miscellaneous document that the City and utility companies retain the right to access the fenced utility easement;

2. A Knox Lock Box shall be installed in an accessible location as determined by the Fire Department;

3. Any future approach locations provided to the affected properties shall comply with all applicable provisions of the Street Design Criteria Manual; and,

4. Prior to City Council approval, written documentation from all of the affected utility companies shall be submitted indicating no objection to the vacation.

VOTE: (8 to 0 with Brown, Fast Wolf, Anderson, Nash, Prairie Chicken, Rodriguez, Schmidt and Hadcock voting yes and none voting no)