STAFF RECOMMENDATION:
Staff recommends that the Vacation of Mall Drive H-Lot be continued to the August 7, 2006 City Council meeting as a stipulation of approval has not been met.

PLANNING COMMISSION RECOMMENDATION:
Planning Commission recommended that the Vacation of Mall Drive H-Lot be approved with the following stipulations:

1.

Prior to the Planning Commission meeting of June 8, 2006, the Exhibit “A” shall be revised eliminating the right-of-way to be vacated at the intersection of Dyess Avenue and Mall Drive to accommodate drainage and future signalization at this intersection. If the Exhibit “A” is not revised as identified, signatures from the adjacent property owners, Jerald and Carol Arendsee, shall be obtained on the Vacation of Right-of-way Petition prior to the Public Hearing before the Planning Commission ;

2.

Prior to City Council approval, a miscellaneous document shall be recorded at the Registers of Deed's Office securing utility easement(s) to accommodate private utilities located within the area of the H Lot to be vacated; and,

3.

Prior to City Council approval, a miscellaneous document shall be recorded at the Register of Deed's Office securing drainage easement(s) as needed. In particular, a 40 foot wide drainage easement shall be dedicated at the ends of all drainage pipes along Mall Drive as needed or right-of-way be obtained for drainage structures.

VOTE: (9 to 0 with Andrews, Brewer, Brown, Fast Wolf, Landguth, LeMay, Prairie Chicken, Schmidt and Waltman voting yes and none voting no)