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Bowers Drive. Mr. Dehen has a failing septic system that also does not meet the setback <br />requirements from the Mississippi River. He is proposing to replace his septic system in the <br />front yard between the house and Bowers Drive NW. Mr. Dehen hired a septic system designer <br />to design a new system for his property. The parcel size is very restricted and the proposed <br />location for the system is the only alternative left on the property. During the design of the new <br />system, it became apparent that part of what Mr. Dehen thought was his front yard is actually <br />road right-of-way. Apparently in this vicinity of Mr. Dehen's property, the fight-of-way for <br />Bowers Drive expands from the normal 66 feet to more than 100 feet. There is also excess right- <br />of-way in front of the parcel north of Mr. Dehen's and also the next three lots to the south. Mr. <br />Dehen needs the excess right-of-way in front of his parcel for his new drainfield. Staff has <br />verified that Bowers Drive, as currently constructed, lies within the standard 66 foot fight-of-way <br />and does not veer out into the area of excess right-of-way. Staff recommended that the Council <br />introduce the ordinance to vacate the excess roadway easement. <br /> <br />Citizen Input <br /> <br />There was none. <br /> <br />Motion by Councilmember Zimmerman, seconded by Councilmember Kurak, to close the public <br />hearing. <br /> <br />Motion carried. Voting Yes: Mayor Gamec, Councilmembers Zimmerman, Kurak, Anderson, <br />and Hendriksen. Voting No: None. <br /> <br />The public hearing closed at 9:19 p.m. <br /> <br />Council Business <br /> <br />Mayor Gamec called the regular City Council meeting back to order at 9:19 p.m. <br /> <br />Councilmember Hendriksen inquired as to what mechanism will be used to assure that the <br />vacated land will be combined with the existing lot. <br /> <br />City Attorney Goodrich replied that staff will contact the property owners and change the legal <br />description, but without a re-platting the parcels will have two legal descriptions. <br /> <br />Councilmember Hendriksen stated that he wants to make sure that there will not be vacated <br />property that goes tax forfeit. <br /> <br />City Attorney Goodrich replied that the vacated parcels will be owned by the property owners <br />the land adjoins and the tax assessor will include that land as part of their property. <br /> <br />Councilmember Zimmerman inquired if there was any way a homeowner could reject the <br />vacated parcel. <br /> <br />City Council/September 11, 2001 <br /> Page 13 of 23 <br /> <br /> <br />