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1 <br />1 <br />1 <br />COUNCIL MEETING <br />March 24, 1986 <br />Page Nine <br />Mr. Schumacher asked Mr. Ulmer if he had contacted any of the <br />property owners. Mr. Ulmer said he had not done this, he be- <br />lieves the City should do this. <br />Mr. Paul Haider said no one has asked the lot owners if they wish <br />to give the right -of -way easement. Mrs. Nelson said there would <br />be problems if some owners wanted to give the right -of -way and <br />some others did not. She also asked what would the Council's <br />attitude be if the lot owners gave the right -of -way and then at <br />some time in the future decide to divide their lots. Would the <br />Council give variances to lot sizes since their lots would be <br />substandard. Mayor Benson said he could not speak for future <br />Councils but did note that lot size requirements could change <br />during the interim. <br />Mayor Benson asked Mr. Ulmer why he did not reserve the right -of -way <br />prior to selling the lots. Mr. Ulmer said he had not planned on <br />completing the street. <br />Mr. Bohjanen moved to close the public hearing at 9:40 P.M. M <br />Reinert seconded the motion. Motion carried unanimously. <br />Mr. Kluegel explained that although the Planning and Zoning Board <br />did recommend approval of the preliminary plat subject to obtain- <br />ing the proper right -of -way easements, they did not address the <br />issue of how to obtain the right -of -way easement. He also noted <br />that an EAW is not required for this plat. <br />Mr. Bisel moved to approve the Preliminary Plat based upon the <br />Planning and Zoning Board's recommendations and based on the <br />reason that the plat complies to the subdivision regulations. <br />Mr. Bohjanen seconded the motion. <br />Mr. Hawkins told the Council they should clarify the street ease- <br />ment issue prior to accepting the Preliminary Plat since resolving <br />this issue could be costly to the City. <br />Mr. Ulmer said he would not negotiate easements and would develop <br />the Ulmers Rice Lake Addition III as now platted. Mayor Benson <br />explained that the lot owners will have to make a decision because <br />if they do not grant the easement they cannot resubdivide their lots. <br />Mr. Bisel withdrew his motion and Mr. Bohjanen withdrew his second <br />for the motion. <br />Mayor Benson asked Mr. Ulmer to talk to the seven lot owners who <br />would be required to give the right -of -way. Mr. Ulmer asked how <br />037 <br />