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COUNCIL MINUTES FEBRUARY 10, 2003 APPROVED 1 feet, indicating the other 33 feet would be acquired when and if property to the east develops. He 2 stated that since then, the City has learned this is not a workable solution, due to the fact that if you 3 open up the easement to one person, you have to open it to all. Since the easement would lead to an 4 isolated location, it is not in the public's best interest to allow this easement. 5 6 City Planner Smyser advised that the City cannot limit the use of an easement owned by the City to 7 specific persons and exclude others. He stated that if the City were to allow certain persons to use the 8 easement, they would have to open it to the public, which eliminates the partial easement option as 9 proposed. He added there are public safety issues to consider, as the contemplated easement would 10 not be improved. He stated the easement would pass in front of only a few houses, would lead to 11 nothing but a remote, isolated area, and would be difficult for emergency vehicles to access, including 12 police patrols. 13 14 City Planner Smyser stated that because of the information gained through additional research, staff is 15 recommending denial as the property would not have proper access, and is a classic example of 16 landlock. 17 18 Councilmember Carlson stated that when this went to the Planning and Zoning Board on November 19 14, 2001, Staff originally proposed a 66 -foot strip going to Main Street and a 66 -foot strip along the 20 remainder of the property on the east. Referring to the visual map, Commissioner Carlson indicated 21 that Planning and Zoning stated in the larger, square section the easement should be 33 feet and when 22 the property to the east was developed the other 33 feet should be taken. She indicated the 66 -foot 23 section is off -center if you look closer. She stated that when Planning and Zoning approved after they • 24 changed it to 33 feet, there was a City Council work session to discuss. She referred to the notes from 25 the work session, held on November 21, 2001, indicating two items came out of it, one was that the 26 northern piece should be 33 feet and and the Council sent the two parties to reach a compromise, 27 which they did not. She stated that since that time, the other property owners extended their driveway 28 to Main Street, which they had a legal right to do. She added that Anoka County agreed Mr. Racutt 29 could have access to Main Street. 30 31 Councilmember Carlson indicated that she has not heard anything that has changed since Planning 32 and Zoning approved and City Council told the parties to seek a compromise and suggested the 33 33 feet. She stated this seems like an arbitrary decision, and asked what is new to the equation. 34 35 City Planner Smyser stated that what is new is that the City has learned that they cannot restrict 36 access to a City easement. He indicated that at the time, they felt they could allow the two property 37 owners near the easement to use it, without opening it to the public, but this is not the case. He stated 38 this information came out during recent discussions and Staff now feels this is not a viable option. 39 He indicated if this were open to the public there would be many safety issues, and he cannot 40 recommend doing something contrary to public interest. 41 42 Councilmember Carlson stated she understands, but added there are legal issues involved with this as 43 well. She indicated she has a copy of a letter sent to City Planner Smyser that she received as she 44 arrived this evening. She stated she has not had a lot of time to review, but wondered if there were 45 other items the Council should be aware of, and any other information Mr. Racutt could provide to 46 the Council. 4047 8