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1 <br />1 <br />1 <br />COUNCIL MEETING <br />November 25, 1985 <br />Page Nine <br />- 01 �9 <br />Mr. Hawkins explained that would be a factual dispute as to <br />what actions the City has taken or not taken. From the facts <br />that Mr. Hawkins has he feels the City has not abandoned its <br />interest in this roadway. If the City wishes to assert its rights <br />in the easement that was acquired in 1893 and the easement rights <br />that were acquired through the dedication of that property by the <br />maintenance he feels this is sufficient indication that the City <br />has easement rights. <br />Mr. McKenna asked that for the sake of the people who live along <br />this right of way the City vacate the easement or put in a full <br />City road, anything other than this would be unenforcable. <br />Mayor Benson asked Mr. Volk to research this road back to 1971 <br />and bring it to the Council and asked that the people be notified <br />when this item will be placed on the agenda again. He felt the <br />City needs more clarification from the City Attorney regarding <br />the new statutes he was referring to. When the information is <br />gathered, it can be made available to the residents. <br />Mr. Klimik asked that NSP be asked what their intention is regarding <br />their utility. <br />Mayor Benson asked that it be determined whose property might be <br />involved, or if there are fences on the right of way. <br />Mr. Reinert moved to determine whose property would be involved <br />if the City asserted its right to the easement, in other words <br />whose fences might be on the easement. Mr. Marier seconded the <br />motion. <br />Mr. LaMotte asked that the City Engineer look at the condition <br />of the easement. Mayor Benson said the Public Works Director will <br />look at it and possibly Mr. Toddie when he is in the City. <br />Voting on the motion, motion carried unanimously. <br />The Council took a five - minute break at 9:50 p.m. <br />PLANNING AND ZONING REPORT - Pete Kluegel <br />A. Ordinance #09 -85, Subdivision of Land Regulations - First <br />Reading - Mr. Kluegel explained that this amendment will <br />reduce the instances where people will be required to plat <br />their land. The City Attorney and City Planner have recom- <br />mended approval of the amendment which allows for a minor <br />subdivision of four or fewer parcels with no roads. <br />Mr. Marier moved to approve the first reading of Ordinance <br />#09 -85 and have the Clerk read the ordinance. Mr. Reinert <br />seconded the motion. <br />Mrs. Anderson read Ordinance #09 -85. <br />