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• <br />• <br />• <br />COUNCIL MINUTES SEPTEMBER 11, 2000 <br />The grading plan, as proposed by the developer's engineer, originally showed a swale through the <br />backyards of these properties. However, when these lots were graded by the house builders, the <br />center of the swale was moved to the rear lot line. In fact, some of the drainage as been pushed <br />outside of the plat limits and runs across property owned by the Centennial school district. <br />Regardless of the City's action on the proposed easement vacation, the drainage must be removed off <br />of the school district property. A comparison of the proposed and actual swale alignments is shown <br />on a drawing in the staff report. City staff has determined that the drainage can be conveyed using the <br />reduced easement area as shown and recommends granting the vacation request. However, <br />publication of the ordinance should be delayed until the drainage has been moved off the school <br />district property. <br />Section 12.05 of the City Charter requires that real property of the City cannot be disposed of except <br />by Ordinance. The Ordinance will require two (2) readings, publication and a waiting period before it <br />is in effect. The proposed schedule for this vacation is as follows: <br />First Reading of the Ordinance Sep : °, .11, 000 <br />Second Reading of the Ordinance 0 <br />Publication of the Ordinance in the <br />Legal Newspaper fte ale is confined to plat area <br />Effective Date of the Ordinance days after publication <br />Mr. Jim Heron, 1350 Timberwolf Trail, came f• and d stated he bought his property last June <br />with the intent of putting a pool in He stat e .bey working with the City Engineer for quite <br />some time to put the pool in If the poo Pere aut in now, it would be 31/2 to 4 feet from the house. <br />He asked the Council to help him get e stated he and his neighbors believe there is not a <br />drainage problem. The builder ha • .d . th d. He stated there is no problem with putting the <br />drainage back into the property s :d he is the only homeowner that will change the backyard <br />back to the way it should be f that the neighbors have to put their backyards back before <br />he can install the pool. Pow ' requested one line along all the property. He noted he agreed <br />to pay for all the surve in `' = d the Council for their help. <br />P Y survey in P• <br />Mayor Bergeson stated he is of sure that the City can vacate the easement on only one property. <br />The Community Development Director stated the City Engineer is out of town. He requested the <br />Council approve the vacation to keep this item on schedule. He stated he is not comfortable <br />discussing other details without the City Engineer present. Details of the request can be changed <br />before the second reading. <br />Mr. Heron stated he does not have a problem if drainage is an issue. He stated he hired a surveyor to <br />show that the pool is not a problem. He stated it is not right to hold the process up for other <br />homeowners. He asked that the City deal with him alone. He stated maybe the easement can't be <br />vacated individually but possibly a permit can be issued to install the pool. <br />Mayor Bergeson advised staff would have suggested an easier route if it was possible. <br />