Agenda - Council - 08/10/2004 - Laserfiche WebLink

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Councilmember Strommen commented she thinks Councilmember I<.urak's concern is with who is paying for tile easement, and why the City would be paying to condemn one prope~y owner to ,-~{ / another. ~', e access [O Counciimember Cook questioned why the whole Council thought st was okay to have a road go down to 151 ~' and okay a ghost plot that ran a road thi'ou_~h, and now that they have trouble with the easement they do not want to buy it. He stated they are ruing to skirt something ~oecause they do not want to pay ibr it; but i~ is their problem. Councilmember Zimmewnan stated he does not see this as the City's problem: .it is the..' developer's issue. Mrs. Kaas does not want her land to 'be condemned ~or a road and it shouldi[:~''' not be. Mr. Bauer has access ~:br his property ,' Councilmember Elvig suggested an addition to Councilmember Cook's motion to include a restriction to state that the easement remain as a drivewav up until a 'point where all three of the prope~y owners a~ee to develop that properu/'. Counciimember Cook indicated the motion could include a requirernent that .the Trappers Ridge subdivision will not be developed until City sewer and water is available there. City Attorney Goodrich advised ii' condemnation becomes necessau,, '1'10 days are required prior to the Citx, being ~anted access unless the Kaas or Mr. Dusbabek will ~ant the City authoriw, to use the access. _ ... ~- Councilmember Strommen requested Councilmember Cook to ctari~ his motion in two respects. The first being ii' he is amending the motion to have some opportunity for restrictions, and' the - second is who would be purchasing the easement. Councilmember Cook replied the City would purchase the easement and could negotiate with Mr. Bauer for a portion of the easement for his access. Councilmember Kurak inquired about Mr. Bauer's request ibr action by August l Mr. Bauer replied.he is about half finished 'with the house and he sti.ll does not even know where his utilities are co~rfi.ng fi-om, and does not have power yet. He went through ~eat expense bringing a low driveway to give everyone time, but he just does not have the time anymore. He is looking at actually finishing the trimming in this house under generators. He does not want to have to bring in the.other d~veway, as it will bnng impact. Councih-nember Kurak indicated Mr. Bauer should be able to construct a drSveway on the area that has been damaged, with no more trees taken out or anything else changed. There could be some compensation fi'om the City to the owners, but the City does not owe Mr. Bauer a · dh vewav.. Irk. Bauer indicated he could help the City purchase this easement. He would incur more cost cutting more trees and having more driveway corning from the north. He would like to come off of 160'~' Lane. b~is tSnancial obligations to assist m purchasing an easement from the City should -292- CiD, Council/July 27. 2004 Page 16 of 34