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MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 11, 1988 <br />DRIVEWAY BASEMENT CONTINUED <br />D.C. Messer, 2613 Pheasant Road, stated he has owned the <br />property for 22 years and was erroneously told that he <br />owned property and he has made improvements under the <br />assumptici, that he owned the property. He felt the <br />easiest solution would be to grant an easement to all <br />three properties. He noted that he would like this <br />issue resolved as soon as possible because he intends to <br />put his property on the market for sale. <br />Attorney Richard Indritz, representing Mr. Huber of 2615 <br />Shadywood Road, explained x-he desire for an alternate <br />access because of the difficult access onto Shadywood <br />Road. It was noted that it is the property owners <br />desire to utilize both accesses. Mr. Indritz stated <br />that their request is to legally approve an access <br />situation that has existed for many years. <br />Mr. Messer noted that the new owner of 2655 Pheasant <br />Road, Joseph Forrer, needed access to his back half -lot <br />through the requested City easement. <br />Mr. Indritz stated that if the City is denying a legal <br />easement for 2615 Shadywood but not prohibiting the use <br />of the access, he would like the right to use the access <br />in writing. He felt there was no ocher purpose for this <br />property and suggested that the City sell the property <br />to the 3 property owners subject to them granting the <br />City a utility easement. <br />Mr. Messer stated it would be simpler if the City <br />vacate the property and divide between the three <br />property owners for them to maintain. <br />After discussion, it was moved by Mayor Grabek, seconded <br />by Councilmember Goetten, to table this matter for <br />further review by staff regarding the possibility of <br />selling the property. Motion, Ayes 4, Nays 0. <br />TODD WATERS - STORM SEMER PETITION <br />City Administrator Bernhardson reviewed the issue of <br />determinir.y whether the Council desires a 358 <br />participation before ordering a feasibility study in <br />this matter. He explaine: that according to the <br />statutory requirements �f City undertakes the <br />feasibility study without the 358 petition it will <br />require a 4/5's vo*e at the time it decides to actually <br />order the improven:er.t be undertaken should it choose to <br />order it done. Staff recommends accepting the petition <br />and order the feasibility study provided the property <br />owner is wi 1ling to pay 508 of the cost of the <br />feasibility study (total cost of study $1,500) should <br />the City decide not to go ahead with the project. <br />7 <br />