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<br />Public Works Director Olson explained Mr. Murphy would not .be able to build on all five of <br />these lots. Even if Ms. Stanley has indicated they will be mute on the extension of sewer and <br />water, the land for their replacement system cannot be taken away if they h~lVe a functioning <br />sewer and well. <br /> <br />Mr. Murphy replied he believes he would be in his rights to situate the houses with an easement <br />in place at the necessary location. <br /> <br />Mr. . Todd Asmussen, 15029 Helium Street NW, stated he.was informed by City Administrator <br />Norman and Engineer Linton that ifhe worked with the City in connection for the loop from the <br />150th cul-de-sac to Helium Street to the north that it would be_worked out that his lots where the . <br />drainage and util~ty easement is located would be buildable. This could include moving the <br />retention pond to the back of the property or coming up with something totally differeilt.Mr: <br />As~ussen stated 'he would have never signed the. petition without the reassurance he received <br />about his property. Wl?en the feasibility study came through, it shOw'ed de.eper ponds to create <br />more storm water area. <br /> <br />Chairperson Elvig clarified with Mr. Asmussen that he would not be in favor of the feasibility <br />study with the retention ponds as they are included. He asked if the feasibility study would be <br />workable for the Asmussens with another salable lot. <br /> <br />Mr. Asmussen replied yes. He stated this is also his area for septic rebuild, . and he . does not <br />understand how the easement could be located here. <br /> <br />Public Works Director Olson pointed out that using land from this ponding would take away <br />from the usable square footage if land is to be reserved for a future school. It is a balancing act~ <br />and part of the Pehlke property would likely be needed for overflow; . It is not known that the <br />Pehlkes would be interested in selling that land, and this purchase would add to the drainage and <br />utility easement cost. <br /> <br />Chairperson Elvig verified with Public Works Director Olson- that the City currently holds a <br />drainage and utility e~ement on the area designated on the Asmussen property.. He asked if Mr. . .. <br />Asmussen is in contest with this. <br /> <br />Mr. Asmussen replied yes, there is paperwork filed to his abstract that says once city service is <br />available there that all the lots in the Pondvale Addition are buildable lots. <br /> <br />Ms. Jennifer Asmussen stated she would not have signed the petition in support of a feasibility <br />study knowing this would happen with the drainage and utility easement. They made their <br />feelings clear and it was said their signature was needed on the petition, which is what they did. <br /> <br />. Councilmember Dehen indicated the Asmussens have the ability to contact a lawyer if they are <br />contesting the drainage and utility easement. . <br /> <br />. Mr. Asmussen replied he thought they were all on the same page after the last meeting. They are <br />interested in continuing a loop to make the system w'ork. better, and he would end. up more or less <br /> <br />Public Works Committee I April!7, 2007 <br />Page 7 of 18 <br />