02-10-2016 Council Packet - Laserfiche WebLink

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MINUTES CITY COUNCIL FEBRUARY 25, 2015 7 Pechmann reported that the gas main that services his home runs across 716 LaBore Road. Pechmann was concerned about his gas service being disrupted. He also suggested that it is likely all of the soils will need to be disturbed in developing the two new lots; therefore, all the trees will be lost. Kotaski indicated that they are aware that the gas line may need to be moved. Boettner indicated that her preference is that the property not be subdivided and that only one home be developed on the lot. Keis indicated that he understands Boettner’s position as well as her preference that the walking easement accrue to only one lot. Keis suggested, however, that if the easement is utilized by two lots, this will not result in a huge amount of walking traffic. Keis also pointed out that the easement is a private one and the City has no control over it. Keis asked if Boettner is willing to grant an easement for the storm water pipe. Boettner replied that she was. Montour asked if there were any safety concerns with the location of the proposed curb cuts on LaBore Road. The City Engineer replied that there were not. Upon motion by Fischer, seconded by Montour, the public hearing was closed. Torkelson voted against closing the public hearing at this time. Torkelson asked about a conditional approval of the subdivision and expressed concern about the issue of the walking easement. Fischer noted that the walking easement was a private easement and that the City has no involvement in that easement. Keis indicated that if the easement document is submitted to the City, the City Attorney could review and comment on it. Torkelson suggested that Boettner may have the ability to negotiate some terms relative to the walking easement as a part of her dedicating an easement for storm water. The City Administrator indicated that the City has an obligation to approve the subdivision if it meets ordinance requirements, and has no legal basis not to approve it based on the situation with the walking easement. The Administrator did agree that Boettner likely has some leverage relative to a modification of the walking easement in exchange for dedicating a storm water easement. The City Planner again noted that the walking easement is a private easement and a civil issue between property owners. He indicated that that easement may be exclusive or non-exclusive; and if non-exclusive, the property owner can grant rights to the easement. The Planner indicated that the walking easement is out of the realm of the City’s