Agenda - Council - 08/13/2002 - Laserfiche WebLink

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the .Menkveld Trust so they tectmically have ownership to that portion of land. In order to clear the title and move the larger project forward, the title must be cleared. Councilmember Kurak asked if it is zoned R-2. Mr. Hughes stated it is zoned R-2, medium density. Councilmember Zimmerman asked if Lot 2 is zoned the same. Principal Planner Trudgeon stated it is. Councilmember Zimmerman noted that a new lot is being created but the use is not known. He reviewed that a prior use proposed was upsetting to the entire neighborhood. Principal Planner Trudgeon stated it is currently zoned R-2 so if a business is proposed it would have to go through a Comprehensive Plan amendment and reZoning so there wOuld be ample opportunity to discuss the merits of that request. Motion by Councilmember Kurak, seconded by Mayor Gamec, to adopt Resolution #02-07-177 granting final plat approval to Town Center North contingent upon compliance with the City Staff Review Letter dated July 18, 2002, and the applicant entering into a development agreement with the City. Motion can:led. Voting Yes: Mayor Gamec, Councilmembers Kurak, Anderson, Hendriksen, and Zimmerman. Voting No: None. Case #10: Consider Eminent Domain to Acquire Trail Easement City Engineer Olson explained that in conjunction with the Highlands at River Park subdivision, a bituminous trail is being installed along Alpine Drive from Highway #47 to Roanoke Street. This trail will run along the south side of the fight-of-way between Highway #47 and Zuni Street and along the north side from Zuni to Roanoke. Alpine Drive is not centered in the 80-foot fight- of-way and, therefore, there is inadequate space to place the eight-foot bituminous path between the back of the curb and the south fight of the line. There is only five to six feet from the fight- of-way to the back of curb on this side of Alpine Drive. A 15-foot permanent easement for trail purposes is being requested from the three property owners on the south side of Alpine Drive from Highway #47 to Zuni Street. City Staff has been negotiating with the owner of the property at 15252 Zuni Street NW for the 2772 square foot easement along his side yard along Alpine Drive. The property owner has indicated that he would dedicate the easement providing that the City would construct a timber wall similar to that which exists along Highway #47. The cost of such a wall would exceed $20,000. In the past, the City has paid less than one dollar per square foot for easements and staff feels the owner's proposal is unreasonable. Although staff will continue to negotiate with the property owner, staff is requesting that an eminent domain resolution be passed such that the 90 day timeline for obtaining the easement can be initiated. City Council/July 23, 2002 Page 25 of 30 -107-