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Agenda - Council - 10/28/2008
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Agenda - Council - 10/28/2008
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Meetings
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Council
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10/28/2008
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<br />Councilmember Jeffrey asked if this is headed to the point where the property owners will ask <br />the City to pay for the property to get the caraway. <br /> <br />Mr. Latendre stated that, at this. point, they are not saying that they want the City to pay for this; <br />however, he is not saying that won't happen. He stated that they are optimistic that the damages <br />won't be excessive since there is already an easement over the property. <br /> <br />Councilmember Jeffrey stated that his concern is the staff time being thrown in and then also <br />eventually coming back and asking for the City to pay for it. <br /> <br />City Attorney Goodrich stated that the property owner will pay for the appraisal, but the City <br />will choose the appraiser. <br /> <br />John Enstrom stated that he was the guy in 1989 that specified there should be an easement and <br />if you go back to that meeting, the original plans called for this cul-de-sac to go in a straight line <br />to the comer of his property in a 66 foot wide easement. He stated that this would have given <br />him access to a road and he agreed to pay for the cost of road, but the easement and right-of-way <br />to be furnished by developer. He stated that the developer changed the lot lines to get more <br />houses into the development, so it was never completed and the developer pulled some <br />"shenanigans" on the City. He stated that in the same paperwork it said that this was to come to <br />his property. He stated.that if he ever develops his property, he will come back and ask the City <br />to provide access. <br /> <br />City Attorney Goodrich asked if he had a landlocked parcel, because if he doesn't he cannot use <br />this statute. He stated that he thinks Mr. Enstrom is more interested in planning. <br /> <br />Mr. Enstrom stated that he agreed because he doesn't understand why the City would do this <br />twice, when they could do it once and be done with it. <br /> <br />Community Development Director Miller stated that there are a few issues, with utility lines in <br />this location; this is not a place where you can go to a 66-foot road right-of-way, without their <br />permission and they won't give it for a through street. <br /> <br />Assistant City Engineer Rimmer stated that he wouldn't say they wouldn't allow it, but with the <br />type of facilities that are in there, you would need to work around them, so the likelihood of it <br />happening is not great. <br /> <br />Mayor Gamec stated that he feels the City needs to just look at the one project that is here, right <br />now. <br /> <br />Councilmember Elvig stated that he would like to have staff take a look at this, because there <br />was a project with Shade Tree that was able to put in a road alonga power line. <br /> <br />Mayor Gamec reiterated that the City needs to deal with the request that is in front of us now. <br /> <br />City Council Work Session I October 7, 2008 <br />Page 5 of 14 <br /> <br />-25- <br />
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