Minutes - Council - 07/22/2008 - Laserfiche WebLink

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City Attorney Goodrich stated that the City would accept no liability. He.stated that Mr. Bauer is using this street to access his residence, but if you are driving on the road and get injured, you accept full responsibility and cannot sue the City for damages. Mr. Kaas stated that the City fought to buy this land and now is not willing to maintain what they own. He stated that he feels the City should be required to maintain their property. Councilmember Dehen stated that he feels that if the City builds a road, it will be to City standards, which means the entire 66 foot right-of-way will be cleared and there will be much greater costs. He stated that he understands Mr. Kaas" position, but feels spending the money isn't justifiable, so the City is trying to make a compromise to keep some of the trees and have a smaller road. He stated that he feels Mr. Kaas has been sending mixed signals to the City. Mr. Kaas stated that he just wants this situation to end and the City spent a lot of money to buy this property. He stated that he wants it to be clear that Mr. Bauer is not landlocked. City Attorney Goodrich stated that the City is simply trying to work through the situation and come up with a compromise. Mr. Kaas stated that he wants the City to go ahead and put the road in and maintain it. Mayor Gamec stated that he feels the City has done the best it can and feels that Mr. Kaas has changed his mind every time he has talked about this issue. Councilmember Elvig stated that he feels it is important to note that this has gone through Anoka County Mediation Services and there has been a settlement. City Attorney Goodrich explained that three separate motions are required for this case. Motion by Mayor Gamec, seconded by Councilmember Jeffrey, to accept Greg Bauer's offer to install the following improvements on the Subject Roadway: a) Place a 20 foot wide, four inch lift of class 5 in the path graded by the Public Works Department; b) Place a 12 foot wide lift of bituminous pavement centered within the 20 foot based area; AND direct the City Engineer/Public Works Department to do the following on the Subject Roadway: a) Clear the trees/growth 18 feet on each side of the centerline; 2) Grub stumps and grade roadway to a width of36 feet; 3) Place Minimum Maintenance Roadway signs as required by State Statute. Further Discussion: Public Works Director Olson stated that Mr. Bauer has noted that the 12 foot wide pavement could be increased to 20 feet if the funding becomes available. He stated that this language is included in the resolution, but did not get included in the suggested motion language. Amended motion by Mayor Gamec, seconded by Councilmember Jeffrey, to accept Greg Bauer's offer to install the following improvements on the Subject Roadway: a) Place a 20 foot wide, four inch lift of class 5 in the path graded by the Public Works Department; b) Place a 12 - 20 foot wide lift of bituminous pavement centered within the 20 foot based area, AND direct the City Council / July 22, 2008 Page 15 of 23