01-28-87 Council Minutes - Laserfiche WebLink

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MINUTES City Council Jan. 29, 1987 Klein Fahey again pointed out that the Building Inspector will contact Mr. Fence McCulloch. Matter (Cont.) Mr. Blesener informed Mrs. Klein that the City is holding Mr: McCulloch's bond and if he fails to correct the fence, the City can use the bond to do so. Fahey assured Mrs. Klein that she will have a definite answer on the matter in two weeks. Fahey also suggested that Mr. Collova, who is the Building and Zoning liaison, follow up on the matter. Easements The City Attorney reported that his office has begun condemnation proceedings to acquire easements that are necessary in various Agenda improvements in the City. The Attorney wanted to inform the Council Item No. 15 in the event they receive inquiries about the proceedings. Allen The City Attorney reported that he has discussed the proposed vacation Avenue of a portion of Allen Avenue with the County. In the event that the Vacation City vacates this property, the County will add the vacated property to the adjoining property for tax purposes. Therefore, in the case Agenda of Mr. Tarnowski who abutts Allen Avenue, should the City vacate Item No. 15 the 8 feet as proposed, this footage will be included on Mr. Tarnowski's tax statement. However, a lot split will not be filed unless it is processed through the City. Mrs. Scalze asked if the City can make Mr. Tarnowski take the 8 feet of property proposed to be vacated. The Attorney stated that he was not aware of a similar situation. However, Mr. Tarnowski does not want a two-lot assessment for the improvement of Allen Avenue, and the Council has the power to defer assessments until such time as a lot split is processed. The Attorney also pointed out that the City does not own the street, but only holds an interest for the public in streets. The City would only be vacating the public's interest in the property. However, the Attorney also stated that the title of the property may be with the granter of the plat and without doing a lot of title work, the Attorney could not answer the question of who owns the property. The Attorney stated that the City can vacate a portion of Allen Avenue over Mr. Tarnowski's objection. Fahey asked if the City could force Tarnowski to accept the 8 feet if it were vacated. Ho+vever, the Mayor pointed out that it has been past City policy not to retain land that was not necessary for the public interest, and get this property back on ~the tax rolls. Page -12-