03-25-2015 Council Minutes - Laserfiche WebLink

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MINUTES CITY COUNCIL MARCH 25, 2015 owners involved. McGraw again stated that it was his feeling that the past actions of previous Councils relative to the Anderson and Roberto properties, those Councils acted in the best interests of the property owners. McGraw also pointed out that no one can predict the future and cannot say with certainty that Rose Lane will never be developed. Therefore, he was not in favor of vacating unimproved Rose Lane for the sole benefit of one property. McGraw felt that a balanced and fair approach was needed for all property owners involved. Roberto indicated that when he built his house he utilized unimproved Rose Lane to access his property. He indicated that the right-of-way is public and not a private road. He stated that since the Anderson's purchased their home, that right-of-way has become more private. Roberto questioned why the City is keeping him off this right-of-way. McGraw pointed out that Roberto has access to his property via Savage Lane. There was discussion of the fact that the unimproved right-of-way has not been declared for public use, and this area is a right-of-way held by the City in the interests of the public and not an easement. In addition to the driveway easement to the Anderson property, the Administrator noted that the City uses this area for its sanitary sewer. The Administrator also noted that when the now Anderson house was built in the 1970's, the property owner at the time had to obtain the City's permission to use the right-of- way for their driveway access. This, however, does not open the right-of- way to use by other members of the public. Torkelson clarified that Anderson can use the right-of-way, but Roberto cannot. The Administrator indicated that that was correct, and indicated that if Roberto wanted to access his backyard through this right-of-way, he would have to ask Anderson permission to use his driveway. Roberto noted that Anderson is not paying taxes for the use of this right- of-way. He felt there should be more equity in how this right-of-way is allowed to be used. Therefore, he is requesting the vacation. Roberto also indicated that there is an expectation that property would be maintained, and he indicated that this area is unkempt. Roberto noted that he maintains the boulevard area at the front of his property, and felt he should be able to do the same at the back of his property. There was some discussion about the cottonwoods on the right-of-way area, and the Administrator indicated that these could be removed by the City if there was the need to do so. Montour pointed out that the cottonwoods do provide some sort of buffer. Roberto stated that they were tipping over. 9