2020.01.14 CC Minutes - Laserfiche WebLink

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January 14, 2020 Page 5 of 8 He requested the City eliminate the portion of the recommendation the requires the 30 foot easement. Tim McQuillan, 911 11th Avenue NW, reported he was a member of the Planning Commission. He explained when he heard this request in December the applicant had no objections. He requested the Council honor the recommendation made by the Planning Commission or that the item be sent back to the Planning Commission for further vetting. Mayor Johnson asked for additional comments, there were none. Motion by Councilmember Jacobsen, seconded by Councilmember Allen to close the Public Hearing. 4 Ayes, 0 Nays - Motion Carried The Public Hearing was closed at 7:29 p.m. Councilmember Burg thanked the individuals that got up and spoke for offering their opinions to the City Council. She questioned why the Council should move forward with the staff recommendation. Assistant Director of Community Assets and Development Gozola explained the only time the City can request right- of-way was during the platting process. He explained Lot 1 was being created and would likely not come back for a replatting in the future. For this reason, staff was recommending an easement be required at this time. He commented further on the language within City Code regarding access and frontage along a public roadway. He indicated 60 feet would be the minimum amount of space the City would need to create a road. He explained one year ago staff met with the County, MnDOT, the Parks, and watershed district in order to discuss the future of this area. He explained this was not a new issue, but rather has been an issue that has been discussed for over the past year. Councilmember Jacobsen indicated if the easement were required, the City would be creating a non- conforming building. Assistant Director of Community Assets and Development Gozola reported a portion of the building would be non-conforming. He recommended the City Council protect its legal rights to a future road in this area. He explained the City had to look long-term and not just what would be best for the short-term. Mayor Johnson asked if Murlowski was selling his property. Assistant Director of Community Assets and Development Gozola stated he was uncertain, but indicated he was working to best protect the City from pitfalls in the future. Mayor Johnson questioned why this item was before the City Council. Assistant Director of Community Assets and Development Gozola reported the applicant had requested the property be re-platted. He indicated Mr. Murlowski was very forward thinking and he was giving himself options for the future by cleaning up the legal descriptions. Mayor Johnson inquired if the City could support vacating the 30 foot easement in the future once a decision was made on the storm sewer placement. Assistant Director of Community Assets and Development Gozola reported the City would support this action once a decision was made for the storm sewer. Councilmember Burg requested comment from the City Attorney regarding the 60 foot easement. City Attorney Sonsalla advised a building and scale would be within the proposed foot easement. She explained if the City were to improve the right-of-way these buildings would have to be removed and the property owner was concerned about this. She reported an encroachment agreement has been discussed with the property owner. Further discussion ensued regarding the roadway easement. Mr. Murlowski indicated the easement would put a hardship on his business and his property. He stated if the Council required him to put a 30 foot easement through his building and scale, he would like to withdraw his request. He stated it did not make sense to him that the City would require a easement from him when there was no property available to the east. Councilmember Allen asked what the City of Mounds View thought about the easement and potential future roadway. Assistant Director of Community Assets and Development Gozola reported the City of Mounds View was not in attendance at the meeting with staff one year ago.