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• • 0 o VNEW KATrON the city that works for you Report Number Agenda Section Council Meeting Date REQUEST FOR COUNCIL CONSIDERATION 08-303 V1-6 November 10, 2008 ITEM DESCRIPTION: Consideration of Memorandum of Agreement between the City of New Brighton, Surface Transportation Board and Minnesota Historical Society regarding Adverse Abandonment of the Butcher's Spur DEPARTMENT HEAD'S APPROVAL: Grant Fernelius, Community Development Director CAW CITY MANAGER'S APPROVAL: No comments to supplement this re Recommendation: Comments attached Approve Memorandum of Agreement between the City of New Brighton, Surface Transportation Board and Minnesota Historical Society regarding Adverse Abandonment of the Butcher's Spur Legislative History: October 9, 2007 City Council approved a Letter of Understanding by and between the City of New Brighton, MT Properties, Inc. and Minnesota Commercial Railway. The agreement contemplated the abandonment of the Butcher's Spur in the Northwest Quadrant and construction of a functional replacement. November 9, 2007 The City filed a petition with the federal Surface Transportation Board (STB) for a Waiver and Exemption of Certain Abandonment Application Requirements. This petition saved the City some of the expenses associated with a traditional abandonment application. A supplemental petition was made on November 21, 2007. The STB approved the petition request on January 25, 2008. February 26, 2008 The City filed a Notice of Intent to Commence an Adverse Abandonment with the STB. March 28, 2008 The City filed its Adverse Abandonment Application with the STB. July 16, 2008 The STB granted the City's Adverse Abandonment Application, subject to completion of a historic preservation analysis.