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<br />I <br /> <br />I <br /> <br />I <br /> <br />Council Meeting Minutes <br />August 27, 1996 <br /> <br />Page 3 <br /> <br />Public Hearin~. continued <br /> <br />City Attorney Charlie LeFevere asked if Harstad owns the property. Mattila said Wulf <br />owns the property, but Harstad is applying for the easement and vacation as part of its <br />agreement. LeFevere said the City does not have power to dedicate an easement on <br />private property, but can vacate an easement. Vacating the easement could be reflected <br />in the resolution by removing the section referring to the dedication and replacing it <br />with: "said vacation is conditioned on the applicant first providing to the City an <br />easement for the following described drainage easement." <br /> <br />Kathryn Harstad, applicant, confirmed the easement has been dedicated. Proper had <br />requested the new easements be dedicated at the time the well was installed. Gunderman <br />asked why work was performed before Council approval. Mattila said the request for <br />vacation came prior to Harstad's completion ofInnsbruck Park. Gunderman feels the <br />issue should be tabled to allow for City Attorney review. <br /> <br />Williams said it appears the elevation of the retaining wall and the home is higher than <br />the pond. Larson noted concern of the elevations near the house. Williams said the <br />elevation contours rise as they travel toward the house. Harstad confirmed that water <br />pools far below the retaining wall. The wall is designed to hold the hill up to the house, <br />and the pond has a well which drains to prevent pooling. Williams does not have issue <br />with this proposal, but is unimpressed with the quality of the work performed at <br />Innsbruck Park. Williams asked if the Wulfs are satisfied with Harstad's work. Harstad <br />has never heard any complaints from the Wulfs, and confirmed that landscaping has <br />been performed to the Wulfs' satisfaction. Williams verified the project involves a grass <br />swale with a bee hive. <br /> <br />There were no other comments from the audience. <br /> <br />Motion by Williams, seconded by Gunderman, to CLOSE THE HEARING. <br /> <br />4 Ayes - 0 Nayes, Motion Carried. <br /> <br />Hearing was closed at 7:49 p.m. <br /> <br />Williams asked if LeFevere prefers removal of that section in the resolution. Harstad <br />presented the easement documentation to LeFevere. LeFevere reviewed the <br />documentation and found the legal description to be different from the grant of easement <br />which covers a greater area. However, LeFevere does not see problem with this, and <br />recommends modifying the final paragraph of the resolution. <br /> <br />Gunderman is not opposed to this project, but noted a greater concern of the quality of <br />work performed at Innsbruck Park. <br /> <br />Motion by Larson, seconded by Williams, to WAIVE THE READING AND ADOPT <br />THE RESOLUTION VACATING A PORTION OF THE EXISTING DRAINAGE <br />EASEMENT AND CREATING A NEW DRAINAGE EASEMENT ON CERTAIN <br />PROPERTY LOCATED IN NEW BRIGHTON. <br /> <br />3 Ayes - 1 Naye (Gunderman), Motion Carried. <br /> <br />Council Business <br /> <br />Public Hearini <br /> <br />Wulf Drainage <br />Easement <br />Report 96-195 <br />Resolution 96-061 <br /> <br />Council Business <br /> <br />Driving Range/Soccer <br />Field <br />