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Councilmember Strormnen inquired of Mrs. Kaas' reaction to the idea of an easement with some <br />restrictions on it. <br /> <br />· Mrs. Kaas replied she is reluctant to offer her reaction without her husband being here. She <br /> woutd need to discuss it with him. <br /> <br />Councilmember Elvig asked Councilmember Kurak if language being included with restrictions <br />that there not be any development until ali three parties want .to develop would satisfy her <br />concerns. <br /> <br />Councih-nember Kurak replied the restrictions do not affect her; they affect the people that live <br />there. Whether there was to be an a~m'eement on one year or 20 years, there could be a boom and <br />there would.be a road going through there. She is objecting to paying for an access to someone's <br />home and setting a precedent. <br /> <br />Councihnember Elvig stated this Council required an easement from Mr. Bauer on the ghost plot <br />of his property. It is a contradiction to say they will never do an easement here when this <br />Council already decided there will be one. <br /> <br />Councilmernber Strommen commented she thinks Councilmember Kurak's concern is with who <br />is paying for the easement, and why the City would be paying to condemn one property owner to <br />give access to another. <br /> <br />Councih-nember Cook questioned why the whole Council thought it was okay to have a road go <br />down to 15 i'~L and okay a ghost plot that ran a road through, and now that they have trouble with <br />the easement they do not want to buy it. He stated they are trying to skirt something because <br />they do not want to pay for it, but it is their problem. <br /> <br />Councilmember .Zimmerman stated he does not see this as the City's problem; it is the <br />developer's issue. Mrs. Kaas does not want her land to be condemned for a road and it should <br />not be. Mr. Bauer has access for his property. <br /> <br />Councihnember Elvig suggested an addition to Councih'nember Cook's motion to include a <br />restriction to state that the easement remain as a driveway up until a point where all three of the <br />property owners agree to develop that property. <br /> <br />Councilmember Cook indicated the motion could include a requirement that the Trappers Ridge <br />subdivision will not be developed until City sewer and water is available there. <br /> <br />City Attorney Goodrich advised if condemnation becomes necessary, 110 days are required prior <br />to the City being granted access unless the Kaas or Mr. Dusbabek will ~ant.the City authority to <br />use the access. <br /> <br />P80 <br /> <br />CiD' Council/July 27, 2004 <br />Page 16 of 35 <br /> <br /> <br />