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<br />Motion carried. Voting Yes: Chairperson Elvig and Councilmember Olson, and Dehen. Voting <br />No: None. <br /> <br />COMMITTEE BUSINESS <br /> <br />Case #1 : <br /> <br />Report on 160th Avenue Mediation Settlement <br /> <br />City Engineer Jankowski stated that there was a mediation session between three property <br />owners regarding the extension of 160th Lane with the idea of turning it into more of a public <br />roadway than it is now. Mr. Bauer Jr., was the developer and is also one of the land owners, has <br />agreed to do a portion of the requirement improvements. He stated that the City would clear the <br />right of way 18 feet on each side of the centerline and grub the stumps and grade the road to a <br />width of 36 feet. He stated that the City had also thought to provide. signs for both sides of the <br />road that stated No Parking, however, the homeowners would prefer not to see the signs. He <br />stated that the City could possibly just post the signs, if necessary. He stated that he informed <br />the three property owners that this item was on tonight's agenda and only Mr. Bauer is present. <br />He stated that he has spoken with the other parties and Mr. Dusbabek has indicated he is fine <br />with the settlement, but the Kaas family had some questions. He stated that they were concerned <br />about oak wilt and the time of year the trees would be taken dow~. He stated that he has spoken <br />with Parks Supervisor Riverblood and he recommended the trees not be taken down until after <br />July 15th and that they be felled towards the center and caution be taken not to scuff up the <br />remaining trees. He stated that the agreement is that Mr. Bauer will plow and maintain the <br />roadway. He stated that the City will continue to plow to the existing cuI de sac and Mr. Bauer <br />will take over from there. He stated that the Kaas' also asked whether they could have the wood <br />from the tree removal and his understanding is that Mr. Bauer has also expressed interest in the <br />wood. He stated that the City proposes to cut the wood into 8 foot lengths and create <br />approximately equal piles for the 2 homeowners. <br /> <br />Councilmember Dehen asked for a history of the nature of the dispute with these homeowners. <br />. He stated that City Engineer Jankowski has .said that there are 3 homeowners involved, but only <br />2 have signed the mediation settlement agreement. <br /> <br />City Engineer Jankowski stated that apparently Mr. Dusbabek is satisfied with the situation and <br />doesn't feel like he is part of the dispute. He reviewed some of the history of the situation. He <br />noted that this area was platted around 2002 and there was a section of road shown on the City <br />map which appeared to be a dedicated road, but was not constructed. He stated that there were <br />legal opinions solicited and it was determined that because the right of way easements were <br />dedicated on the deeds for the property, the decision was made that the City should acquire the <br />right of way through condemnation. <br /> <br />Chair Elvig stated that the situation got convoluted because the City went ahead and said that <br />Mr. Bauer could use the property to cut a swath through to the new property between the <br />Dusbabek and Kaas properties because the City thought that it owned the property. He stated <br />that it was shown as an easement on the map and Mr. Bauer paid to construct this on his own. He <br />stated that once the trees were down, the 2 property owners came to the City and proved that it <br /> <br />Public Works Committee / May 20, 2008 <br />Page 2 of9 <br />