04-10-2013 Council Minutes - Laserfiche WebLink

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MINUTES CITY COUNCIL APRIL 10, 2013 Steve Brausen acknowledged that the City would need to pay for land it takes. Brausen pointed out that under the bulb plan, Howe is not being asked to give up more property. He would only have to shift the existing road easement area to a new position. Blesener pointed out that the easement area is Howe's property. Steve Brausen pointed out that the existing road easement is their only access to their property. The City Administrator stated that the road easement is not an access, but pointed out that it could be if additional right -of -way is dedicated. The Administrator stated that the public cannot just start using the road right - of -way as it is unimproved. The City Attorney agreed stating that the 33- foot easement is not declared open to public use. Dave Brausen asked if it were illegal for him to wall< the easement area to get to his property. The City Attorney again stated that the easement is not open to public use and there are liability concerns for the City. The Administrator pointed out that the easement is dedicated for street purposes and there is no improved street on the property. Dave Brausen noted that at the last meeting he raised the issue that the 33- foot road easement should be been extended to Westwind. Brausen noted that he was asked why he didn't speak to that issue at the time, and noted that he was a teenager at that time. Brausen pointed out that he is here today and is asking about this same easement. Dave Brausen stated that he has put in a great effort to try to resolve this matter on everyone's behalf including the community at large. He noted that the proposals he submitted include more lots and would not require Acosta and Boog to develop their property until they were ready to do so. Brausen stated that he felt he was knocked down through all his efforts by someone with a bigger stick. Brausen stated that everyone knows what his family is asking for is not unreasonable. He stated that he felt what Gordie Howe has done to him is unfair. Dave Brausen noted that the City Attorney said the other day that the City has the authority to vacate the road easement and that is what they are doing. Brausen stated that this comment was made because the City Attorney has the inside story. Brausen commented that he has never been in a position to experience bullying previously, but felt he is being bullied now by people with more authority than he and there is nothing that he can do about it. Dave Brausen stated that the 33 -foot road easement was put in for his family to get to their property. Brausen stated that he felt the bulb plan that he submitted would resolve the situation for everyone. 10