04-10-2013 Council Minutes - Laserfiche WebLink

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MINUTES CITY COUNCIL APRIL 10, 2013 one lot from the back of this property, would result in the Bilek home having a non - conforming setback He also pointed out that this would result in double - frontage lots for the Pinetree Pond development. There would also be issues for the City relative to long -tern maintenance of a street that serves one property. The City Attorney reported that the City Administrator is correct, the vacation is a legislative act for the City. Courts would look at that act to ensure it was not made in an arbitrary and capricious manner. The Attorney recommended that the City have findings of fact in acting on the vacation, and pointed out that a vacation must always be considered with regard to the overall interests of the public. Blesener clarified that the public meant means the citizens of Little Canada in general and what would be best for the City as a whole. The Attorney replied that that was correct. Gordie Howe, Masterpiece Homes, described the proposed Pinetree Ponds Final Plat and the four outlots that are a part of that plat. Howe noted that Outlot C, which consists of a 25 foot strip of land from the road right -of- way under consideration for vacation, will be deeded to the City. Howe stated that it is his understanding that the City would transfer this property to the northeast property owners at the time their property develops as an offset for half of the road right -of -way that they would have to dedicate. Howe also noted Outlot D which is being given to Mrs. Acosta to solve an encroachment issue. Outlots A and B are being sold to the McCumber's and Paddock's to address their concerns. A portion of Outlot C would be the access point for the ghost plat concept. Blesener asked if there was anyone from the general public that wished to address the Council on the proposed vacation. Dave Brausen noted that when the vacation was tabled at the last meeting, the Council indicated that there were questions they had and additional information they needed. Brausen asked the outcome of this. Keis stated that at the last meeting he commented that the Council was presented with a lot of information that evening, and he wanted the opportunity to think about that information before acting on the vacation. Montour agreed, indicating that he wanted time to think about the information presented. Montour noted that the Council tries to reach compromise or negotiate settlements in situations like this. At the last meeting, the Council asked that staff again meet with the Brausen family and the developer, prior to this meeting, to see if there was an opportunity for a compromise. Apparently a compromise was not possible. 7