Agenda - Planning Commission - 02/05/2004

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Presentation Community E!evelopment Director Frolik requested that the Council hold the pUblic hearing, but then take no ction on the case because staff was still waiting for a response from the WMO on the vacation of the easement. Once staff receives a response from the WMO a new public hearing will be scheduled. Citizen Input' There was none. Motion by Cbuncilmember Pearson, seconded by Councilmember Elvig, to close the public hearing. Motion carried. Voting Yes: Mayor Gamec, and Councilmembers Pearson, Elvig, Cook, Kurak, Strommen, and Zimmerman. Voting No: None. The public hearing closed at 7:19 p.m. Council Acti°n The regular rn~eting of the City Council was called back to order at 7:19 p.m. Councilmemb~r Elvig stated that the City purchased the property not that long ago and if the developer tUnis it into parks within the Town Center the land will then be deeded over to the City. Community Development Director Frolik replied that she would have to discuss thatissue with engineering. '. City Attorney Goodrich stated that it was his understanding that the land would not be deeded to the City. : Councilmemb~er Strommen stated that the City vacated another easement as part. of the development ,agreement and her recollection was that this area was not included. City Attorney :Goodrich replied that that is one of the reasons staff was requesting that action be tabled. Community. Development Director Frolik stated that staff will make sure those issues are addressed whet it comes back to the Council. Councilmemb~r Kurak stated that it was her understanding that the City purchased an easement not the actual Oroperty. City Attorney Goodrich explained that the City did not acquire fee title of the property, but if the easement is va~zated the City would be giving up easement rights. City Council/December 9, 2003 Page 5 of 21 P53