10-28-87 Council Minutes - Laserfiche WebLink

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MINUTES City Council October~ 28, 1987 Ganzel and City staff was author•ized to wor•k with the Ganzel's and their~ Dr•ainage attor~ney to r•esolve the matter~. Pipe (Cont.) The City Engineer~ r~eplied that he under•stood that the City Attor•ney and Mr•. and Mr•s. Ganzel's attor~ney would be wor~king together~ on the matter~. Fahey felt that the City Engineer~ should have gone out and looked at the property. Mr~. Kelly r•epor•ted that the Ganzel's are anxious to r•esolve the pr•oblem so that they can begin constr•uction of a home on the pr•oper~ty. Kelly poi nted out that i nter•est r•ates ar•e r•i si ng and the Ganzel' s ar•e tr•yi ng to wor~k in good faith with the City. Council discussed the location of the pipe, with Mr•. Kelly stating that the Ganzel's can live with the pipe if it is 10 feet fr•om the r•ear• pr•oper~ty line as the City Engineer• claims. Nowever•, Kelly pointed out that Mr•. Ganzel is in the construction business, and he believes the pipe to be 30 feet fr•om the r~ear• pr•oper~ty line. Fahey felt the location of the pipe must be deter•mined, and if the pipe is 30 feet fr~om the pr•oper•ty line, the pipe should be moved to the satisfaction of the Ganzel's and the Ganzel's should be r•eimbur•sed for• an easement for• the pipe. Nowever~, Fahey felt that the amount of the easement the Ganzel's ar•e seeking was too high. The Engineer• suggested that the City also attempt to obtain an easement for~ the pipe fr•om the owner•s of Lot 12 in the Bloomquist Addition. The City Engineer• r•epor~ted that he would meet on site with Mr~. Ganzel and locate the pipe. Scal ze poi nted out that the Ci ty has an appr•ai sal for~ other• pr•oper•ty in the ar•ea, and suggested that this appr~aisal could be used in determining the compensation the Ganzel's should receive for• the stor•m sewer• easement. Mr~. Fahey intr~oduced the following r•esolution and moved its adoption: RESOLUTION N0. 87-10-524 - AUTHORIZING THE CITY ATTORNEY AND CITY ENGINEER TO RESOLVE THE GANZEL DRAINAGE ISSUE AND TAKE THE NECESSARY STEPS TO PROPERLY RELOCATE THE STORM SEWER PIPE ON THE GANZEL PROEPRTY TO THE SATISFACTION OF THE GANZEL'S CONSISTENT WITH THE ENGINEER'S JUDGEMENT AND THE NEED TO DRAIN TNE AREA, FlND AUTHORIZING THE CITY ATTORNEY TO NEGOTIATE AND PROCURE AN APPROPRIATE DRAINAGE EASEMENT FROM BOTH TNE GANZEL'S AND THE PROPERTY OWNERS Of LOT 12 ~he fp egoi~~ r•e~ol~ation w~~s duly sec~n~ded ~y Mr•. Collova. Nays (0).FaResolutaonedeclar•edaadopted.e' B esener. This r~esolution appears in Resolution Book No. 18, Page 554. Page -?_0-