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<br />30-day required publication date if the applicants agree to a hold harmless agreement assuming <br />all responsibility. <br /> <br />Councilmember Hendriksen inquired to the response of the City Attorney. <br /> <br />City Administrator Norman replied that the City Attorney was sticking with his original <br />recommendation. He stated that the City does have rules to follow, but explained the Council <br />can decide if a situation has special needs. <br /> <br />Councilmember Hendriksen stated that he is very sympathetic to the applicant and would be <br />supportive of doing something, but would want to have an agreement that would put all of the <br />liability on the applicant. <br /> <br />City Administrator Norman replied that the permit would include a hold harmless agreement. <br /> <br />Mr. Burnham stated that they would agree to a hold harmless agreement and consider additional <br />insurance ifneeded. <br /> <br />Motion by Council member Hendriksen~ seconded by Councilmember Connolly, to adopt <br />Ordinance #99-13 to vacate certain drainage and utility easements in Northfork Oaks 2nd <br />Addition. <br /> <br />Further discussion: Councilmember Anderson stated that she was concerned over legal issues, <br />and the fact that a lot combination could be done without the involvement of the City. <br />Councilmember Hendriksen noted that the City does have a subdivision ordinance that would not <br />allow a lot split to be done without the involvement of the City. Councilmember Zimmerman <br />suggested requiring Council approval for any lot combination in the future. Consensus was <br />reached to have the Planning Commission review the issue. <br /> <br />A roll call vote was preformed by the Recording Secretary. <br /> <br />Councilmember Zimmerman aye <br />Councilmember Hendriksen aye <br />Councilmember Anderson aye <br />Councilmember Connolly aye <br />Mayor Gamec absent <br /> <br />Motion carried. <br /> <br />Councilmember Zimmerman stated that he would usually oppose to going against the City <br />Attorney, but feels the applicants are being pushed up against a wall. <br /> <br />Councilmember Connolly inquired why, since the property owners have owned the property for <br />three years, is there now the hurry to get started. <br /> <br />City CounciUSeptember 21, 1999 <br />Page 2 of 3 <br />