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33 foot road easement; acquisfion of another 10 feet from each side of the road would result <br />in the residents on the west side being subject to a 43 foot road easement and the residents <br />on the east only contributing 10 feet to the road. Improvements to Ute Street will increase <br />home values and eliminate a source of irritation. City maintenance tracks cannot maneuver <br />properly in the turn-around; there are problems with snow removal, water accumulation <br />and problems in the area of the stop sign. The people on the east side of the road want a <br />road to get to their homes but they don't want to contribute any property for the road. <br /> <br />Angle Lenarz - Stated that the road should have been properly aligned when the area was <br />developed with homes. There have been problems associated with her fence alignment <br />over the years; a surveyor checked three weeks ago and determined that her fence is all on <br />her property; if Ute is improved the fence would have to again be moved; area drainage <br />runs to her property and construction of ditches will increase that problem. <br /> <br />Dick Giddings - 18001 Ute Street - Stated that it appears that Mr. Raatikka is proposing to <br />control the drainage 'at grade' which would require raising the elevation of the road quite a <br />bit. Stated that he sympathizes with those having water problems but he would just as <br />soon leave Ute Street in it's existing condition. <br /> <br />Jeff Rockow - Stated that he does have drainage problems but it doesn't bother him much; <br />if Ute is upgraded, he does want to know what will be done to stop the water from coming <br />up into his driveway, Inquired if submitted, could the petition specify upgrading to Class 5 <br />only. <br /> <br />Mayor Reimann replied that the petition could specify whatever improvements the residents <br />desire. <br /> <br />Linda Wolfbauer - Inquired if the petition implies that the residents agree to the <br />improvement project. <br /> <br />Mr. Raatikka explained that a petition from at least 35% of the benefitting property owners <br />is required in order for the City to prepare a feasibility study; upon completion of the study, <br />a public hearing is conducted; following the hearing, City Council makes a decision to <br />approve or deny the project; if the project is approved, the residents have a 60 day time <br />frame in which they have the option to take no action and accept the project or petition <br />against the project; if over 50% of the benefitting property owners petition against it, the <br />project must be stopped. <br /> <br />Linda Wolfbauer - Inquired if the City could do anything about complaints of drainage <br />problems in the area if the residents vote down the project. <br /> <br />Mayor Reimann replied that according to the City Charter, the majority rule and the City <br />would not be able to make drainage improvements in the area if the residents voted it down. <br />However, the City can override the Charter for reasons of health and welfare. <br /> <br />Mr. Hartley noted that it is a difficult process to override the Charter. <br /> <br />Duane Holmes - 18045 Waco Street - Noted that all that exists for right-of-way is 33 feet <br />and it is all dedicated by the property owners on the west side of the road; inquired if the <br />residents on the east side would be dedicating the additional 20 feet of right-of-way needed <br />to upgrade Ute Street. <br /> <br />City Council/August 15, 1989 <br /> Page 4 of 8 <br /> <br /> <br />