Minutes - Council Work Session - 12/03/2007

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Councilmember Look stated that although he understands Councilmember's Dehens point about people paying what they owe, he feels that if the City billed the businesses for the total amount, there would be a battle. He stated that moving forward with Opus 21 is a reasonable option and billing back for a few years will let the City put this situation behind us and move forward. Mayor Gamec asked this item to be included as a case on the December 11, 2007 City Council meeting. 4) Landlocked Parcel PID 05-32-25-13-001 (North of Wildwood Acres/South of 181 st) Assistant Community Development Director/HRA Executive Director Frolik gave a brief history on this parcel. She stated that this is a 40 acres parcel of land on the north side of Wildwood Acres that has never had direct access to the land. She stated that the area was platted in1989 and the final plat required a dedicated easement that would provide access to the north and northwest. She stated that in 1996, neighboring property owner, John Enstrom discovered that the easement was never recorded. She stated that Linda Keating is a representative for the landowners and has contacted the City asking for access to this property. She stated that the land is unimproved and predominantly wetland. She stated that in 1989, as part of the Wildwood Acres project the City required a 66 foot road easement between Lots 10 and 11 in order to provide access to both this parcel as well as Mr. Enstrom's, but as stated earlier, it was never officially recorded. She stated that there are multiple easements over the lots, including a 150 foot Xcel Energy easement, a 50 foot Northern Natural Gas pipeline and two drainage and utility easements. She stated that Ms. Keating has requested that the City provide access and the City is obligated to provide cartway access to a landlocked piece of property. She stated that this land is predominantly wetland and staff is unsure if the land is even buildable and whether it would have adequate space for a septic system and its backup. City Attorney Goodrich stated that Ms. Keating is representing some elderly landowners who were unable to attend. He stated that there is a potential buyer for the property. He stated that the cartway option from the cuI de sac at Wildwood Acres is on the current utility easements and also crosses a gas line easement. He stated that the gas company is reviewing this to determine the depth of the pipe to see if they can allow access over the top of the pipeline. He reminded the City Council that under State law, the City is obligated to provide access to this property. Councilmember Dehen stated that Assistant Community Development Director Frolik had mentioned that this land may not be buildable and asked whether this should matter to the City as long as the access is provided. He asked if the property was completely wetland if the City still had to provide access. City Attorney Goodrich stated that the City did still have to provide access and noted that if the land was totally wetland, the costs would likely be higher. Councilmember Look asked if the various entities that would allow the access would charge the City for using the land. City Council Work Session !December 3,2007 Page 6 of9