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Mayor Garnet indicated an appraiser would need to be acquired to determine the value of the <br />properties, taking into consideration the removal of the trees. With either situation there would <br />likely be some type of restitution, if the road were to go through it would likely be greater than if <br />they were to replant some trees. <br /> <br />Councilmember Cook noted this area will never look like it did before the trees were removed. <br />He indicated he would rather see the City negotiate for the road to go through than to take trees <br />out someplace else and put a longer road in. <br /> <br />Councilmember Strommen commented her feeling is that the City needs to make restitution for <br />the damaged property and needs to look at allowing Mr. Bauer access from 161st Lane. <br /> <br />Mayor Gamec requested the Dusbabeks and the Kaas discuss the situation with Assistant <br />Community Development Director Trudgeon and City Attorney Goodrich. An appraiser can be <br />hired if that is agreed upon. <br /> <br />CotlllCi hncmber Zimmerman questioned if it is being proposed that taxpayers' money be used to <br />solve this problem. <br /> <br />Councihnember Kurak stated there are two questions with this situation. First, this area did not <br />look wide enough to be a City street and more trees will likely need to be removed if it is <br />dedicated as a City street in the future. It is very important that these property owners lmow <br />about this. <br /> <br />City Attorney Goodrich advised there is a 66 foot right-of-way. <br /> <br />Councilmember Kurak questioned who will be paying for this. <br /> <br />Counci hnember Zimmerman suggested at this point the property owners might want to negotiate <br />for a private drive to go through here, but the City should not pay for this. <br /> <br />Mr. Bauer stated if an easement could be negotiated from the City standpoint he would have no <br />problem signing a statement that he would give the Dusbabeks and the Kaas a life lease on the <br />property. The property was never intended to be developed in the first place. He was required to <br />make a ghost plat by the City, but there was never any plan for this in the future. He has to set his <br />house so it stays out of the City right-of-way. <br /> <br />Councilmcmber Kurak stated this needs to be out on the table at this time regarding what the <br />possibilities could be with this road in the future. <br /> <br />Cotmci hnomber Strommen questioned if the decision would have been made to use City funds to <br />put in this easement if it was known it was not owned by the City, or would it have been <br />determined to have the road come in from 16 l~t Lane. <br /> <br />City Council Work Session/March 30, 2004 <br /> Page 5 of 12 <br /> <br /> <br />