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City Attorney Goodrich stated that the City would accept no liability. He stated that Mr. Bauer <br />is using this street to access his residence, but if you are driving on the road and get injured, you <br />accept full responsibility and cannot sue the City for damages. <br />Mr. Kaas stated that the City fought to buy this land and now is not willing to maintain what they <br />own. He stated that he feels the City should be required to maintain their property. <br />Councilmember Dehen stated that he feels that if the City builds a road, it will be to City <br />standards, which means the entire 66 foot right-of-way will be cleared and there will be much <br />greater costs. He stated that he understands Mr. Kaas'' position, but feels spending the money <br />isn't justifiable, so the City is trying to make a compromise to keep some of the trees and have a <br />smaller road. He stated that he feels Mr. Kaas has been sending mixed signals to the City. <br />Mr. Kaas stated that he just wants this situation to end and the City spent a lot of money to buy <br />this property. He stated that he wants it to be clear that Mr. Bauer is not landlocked. <br />City Attorney Goodrich stated that the City is simply trying to work through the situation and <br />come up with a compromise. <br />Mr. Kaas stated that he wants the City to go ahead and put the road in and maintain it. <br />Mayor Gamec stated that he feels the City has done the best it can and feels that Mr. Kaas has <br />changed his mind every time he has talked about this issue. <br />Councilmember Elvig stated that he feels it is important to note that this has gone through Anoka <br />County Mediation Services and there has been a settlement. <br />City Attorney Goodrich explained that three separate motions are required for this case. <br />Motion by Mayor Gamec, seconded by Councilmember Jeffrey, to accept Greg Bauer's offer to <br />install the following improvements on the Subject Roadway: a) Place a 20 foot wide, four inch <br />lift of class 5 in the path graded by the Public Works Department; b) Place a 12 foot wide lift of <br />bituminous pavement centered within the 20 foot based area; AND direct the City <br />Engineer/Public Works Department to do the following on the Subject Roadway: a) Clear the <br />trees/growth 18 feet on each side of the centerline; 2) Grub stumps and grade roadway to a <br />width of 36 feet; 3) Place Minimum Maintenance Roadway signs as required by State Statute. <br />Further Discussion: Public Works Director Olson stated that Mr. Bauer has noted that the 12 <br />foot wide pavement could be increased to 20 feet if the funding becomes available. He stated <br />that this language is included in the resolution, but did not get included in the suggested motion <br />language. <br />Amended motion by Mayor Gamec, seconded by Councilmember Jeffrey, to accept Greg <br />Bauer's offer to install the following improvements on the Subject Roadway: a) Place a 20 foot <br />wide, four inch lift of class 5 in the path graded by the Public Works Department; b) Place a 12 — <br />20 foot wide lift of bituminous pavement centered within the 20 foot based area, AND direct the <br />City Council / July 22, 2008 <br />Page 15 of 23 <br />