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. e . ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES MAY 31, 2005 3 Mayor Aplikowski asked if the conditions listed in Resolution 05-38 had been shared with the applicant and were they willing to do this? Mr. Hellegers replied they had been informed and they were willing to do this. Councilmember Larson asked if it made sense to wait until the end of the season when a variance would be necessary, instead of getting a temporary easement right now. Mr. Hellegers responded that was a good idea, but the applicant would like to see this resolved and they were willing to grant a temporary easement. Councilmember Larson asked if there should be any consideration given to selling the property. Mr. Hellegers responded this was similar to vacating a street and if vacated, it would revert back to the owner; it can not be sold. Mr. Filla stated the City has a use right and once they decided not to use it for that purpose, the underlying property owner retained full title to the property. Mayor Aplikowski opened the public hearing at 7:30 p.m. Leonard Gallus, 1104 Amble Drive, thanked the Mayor and Councilmember for considering this request. He stated he believed the partial abandonment of the property would benefit the City as well as him because the property would be fully developed with nice landscaping. He agreed with all of the conditions as presented. He stated he was not interested in obtaining any compensation for a temporary easement. He did not believe the road would ever be widened, but there was the possibility of the addition of a sidewalk. He stated he could wait until next spring for the easement, if necessary. He requested the Council approve this request. Mr. Filla stated if the Council was interested in pursuing this, they should add in the Resolution condition C: Granting of a temporary easement for a time period to be determined by the Ramsey County Engineer and City notified in writing of such time limit. Councilmember Holden asked what some of the problems were with the building code setbacks if Mr. Gallus was to sell this property. Mr. Hellegers replied this would not bring the property into conformance, but the issue was a side yard comer setback. Mayor Ap1ikowski asked why Mr. Gallus was coming forward with this. Mr. Gallus replied this was the ideal time to request this because of the construction along Lexington Avenue. Mayor ApIikowski closed the public hearing at 7:45 p.m. MOTION: Councilmember Larson moved and Counci1member Holden seconded a motion to adopt Resolution No. 05-38 vacating the City of Arden Hills' Interest in a Pedestrian Way in the Karth Lake Hills Plat with the addition of paragraph Ie, Granting of a temporary easement for a time period to be determined by the Ramsey County