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<br />wasn't deeded properly, so the City ended up paying for the fallen trees as part of an easement <br />acquisition. <br /> <br />Councilmember Dehen asked if the City owns the property now. <br /> <br />Chair Elvig stated that the City does own the property. <br /> <br />Councilmember Dehen stated that he feels the City should have something, in writing, from Mr. <br />Dusbabek that he is okay with the settlement agreement. He stated that he questions what would <br />happen if Mr. Bauer moves, because he has agreed to maintain this roadway and he doesn't think <br />the City can bind future property owners with this duty. <br /> <br />City Administrator Ulrich stated that he had the same question and wondered if there would be <br />the possibility of deeding the property back to Mr. Bauer, if the City didn't see a long term need <br />to have a road in that location. He stated that it could be dedicated as a private parcel that <br />provides access for both parties. <br /> <br />City Engineer Jankowski stated that this basically functions as a driveway. He stated that there <br />is nothing in the plans for a roadway here, but it would be possible to get a connection to the <br />north, in the future. <br /> <br />Chair Elvig asked how this would be worked out financially. <br /> <br />City Engineer Jankowski stated that the proposal is for the City to take down the trees, grade the <br />right of way, grub the stumps, and, if necessary, post No Parking signs. <br /> <br />Chair Elvig asked if there would be a restrictive covenant on a possible future homeowner that <br />they would be responsible for maintaining the road. <br /> <br />City Engineer Jankowski stated that he was unsure, but it was felt that the mediation settlement <br />was a middle alternative because the option of widening it to a full street was already rejected by <br />the Public Works.Committee. <br /> <br />Councilmember Dehen stated that he would like to get an opinion from City Attorney Goodrich <br />about legal options in this case. <br /> <br />Chair Elvig noted that there should be time to consider this because the trees cannot be removed <br />until mid-July. <br /> <br />Mr. Bauer stated that he understands the Public Works Committee's concerns, but, this has been <br />going on for 4 years and he would like it to be finished. He stated that it seems like the issue <br />gets discussed, then it goes away for a while and then something comes up again. <br /> <br />Councilmember Dehen asked what would be the detriment to waiting until there is a legal <br />opinion before moving forward. <br /> <br />Public Works Committee / May 20, 2008 <br />Page 3 of9 <br />