1980-056Q Council Ordinances - Laserfiche WebLink

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re/// The meeting was reconvened and the Public Hearing on Wollan's Estates was called to order at 9:15 P.M. 11r- April 2H, 1980 Page Five Mr. Schumacher summarized the action that had occured at the previous Council meeting. This layout has been redesigned to give 18+ acres to the City ror Park purposes and also providing access to this park land. This had been ` the major contention at the last meeting. Another concern was the access to Highway 8 in a second location - this had been provided so that; if and when, the land is developed there is an additional access to the Highway'to assist in the traffic flow. It was noted this park land dedication is to include the lands being platted as the Lino Industrial Park. Mayor Gourley asked about the rezoning of the back portion of the lots that face Highway #8 - he suggested this hearing be set at this meeting in order to facilitate this hearing. Mr. McLean moved to approve this plat, Woolan Estates, as presented and amended, including the approval of the 18+ acres to be deeded to the City f01`/ gifX/00x413010# to include the park requirements from the Lino Industrial park, require a letter of Credit to be issued before building permits are issued, lot elevations to be set by the City Engineer, and Rice Creek Water- shed requirements he met. Seconded by Mr. Kulaszewicz. Motion carried unanimoulsly. Mr. Jaworski moved to set the Public Hearing for the rezoning of the Lots along Highway #8 for May 27, 1980 at 8:30 P.M. Seconded by Mr. McLean. Motion carried unanimously. Mayor Gourley indicated to the Engineer what this Council is requiring in reference to the lot elevations. Mr. Jaworcki moved to close the hearing at 9:25 P.M. Seconded by Mr. McLean. Motion carried unanimously. The next agneda item was the Attorney's report and the first matter to be discussed was tho matter of 77th street. Mr, Locher presented the deeds for the Soutl: 28'-f feet - this is measured from the Section line. Mr. Locher pointed out that the State Law, the Cartway easement, it is the provisions of this lay that, if a cartway has been maintained for a period of six years continuously or longer, then the cartway easement exists from then on., 33 feet on either side of the traveled portion of the roadway. Mr. Locher noted .hat the traveled portion of this roadway is basically north of the censor line. The Engineer had prepared a map showing the existing roadway. The traveled surface is approximately 22 to 23 feet wide. 3 to 4 feet lies South of the section line - 19 to 20 feet of the surface is to the :forth o-- the center line. Mayor Gourley asked Mr. Marier to present his arguments on this matter. Mr. Marier said when the road was upgraded in 1971, Mr. Gotwald was to have centered the traveled surface and he pointed out that the major portion of the street was on his property to the North. He suggested this would cause L: setback problem with the development now being done on the- South - side of the street. Mr. Marier disputed the Certificate of Survey that was to have been done in 1966 - he said this was not a survey, just a sketch.