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Councihnember Strommen requested Councilmember Cook to clarify his motion in two respects. <br />The first being if he is amending the motion to have some opportttnity for restrictions, and the <br />second is who would be purchasing the easement. <br /> <br />Councilmember Cook replied the City would purchase the easement and could negotiate with <br />Mr. Batter for a portion of the easement 'for his access. <br /> <br />Councilmember Kurak inquired about Mr. Bauer's request for action by August lst. <br /> <br />Mr. Bauer replied lie is about half finished with the house and he still does not even know where <br />his utilities m'e coming from, and does not have power yet. He went through great expense <br />bringing a low driveway to give everyone time, but he just does not have the time anymore. He <br />is looking at actually finishing the trimming in this house under generators. He does not want to <br />have to bring in the other driveway, as it will bring impact. <br /> <br />Councilmen~ber Kurak indicated Mi'. Bauer should be able to construct a driveway on the area <br />that has been damaged, with no more trees taken out or anything else changed. There could be <br />some compensation from the City to the owners, but the City does not owe Mr. Bauer a <br />driveway. <br /> <br />Mr. Bauer indicated he could help the City purchase this easement. He would incur more cost <br />cutting more trees and having more driveway coming from the north. He would like to come off <br />of 160tl~ Lane. His financial obligations to assist in purchasing an easement from the City should <br />be about the same as the difference in cost if the driveway were to come from the other side, <br />which is approximately six to eight thousand dollars. <br /> <br />Amendment by Councilmember Kurak, second by Councihnernber Strommen, that the motion on <br />the floor state that the City move forward with negotiations to purchase the road easement <br />through the Kaas and Dusbabek properties at 160th Lane and, if necessary, to authorize <br />condemnation. The easement acquired will not be constn~cted as a standard City street but its <br />use will be restricted to a single home access until such time as municipal sewer and water is <br />available to the properties adjacent to the easement, 'that there will be no additional tree removal <br />on the easement, and that Mr. Bauer shall be required to pay 30% of the City's costs to acquire <br />the right-of-way, not to exceed $8,000, and that Mr. Bauer will be responsible for blacktop <br />surface to be installed on this driveway access. <br /> <br />Further Discussion: Councilmember Elvig commented his position is he believes this is an <br />easement issue according to an initial City mistake and the City is requiring Mr. Bauer to <br />participate financially in this decision. Councilmember Cook informed the landowners he is very <br />sorry, and this is a hardship for everyone. He is son'y this took so long and sorry this is the <br />resolution that is required. He l~ows what it is like to have scm~ething happen on your land. He <br />does not see any other way, and lie hopes this works out for everyone involved. <br /> <br />Motion on amendment curt'led. Voting Yes: Mayor Garnec, Councilmembers Kurak, Stron'unen, <br />Cook, and Elvig. Voting No: Councilmember Zimmennan. <br /> <br />City Council/July 27, 2004 <br />Page 17 of 35 <br /> <br />-129- <br /> <br /> <br />