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City of Centerville <br />Council Meeting Minutes <br />June 22, 2005 <br />Mr. Shudy commented that he understood the storm water fees but he was looking to try <br />and reduce his extensive costs to hook up to Centerville’s water. <br />Council Member Lee asked whether developer’s pay 100% of costs to run water. <br />City Attorney Hoeft reminded Council that this is a choice and he suspects Mr. Shudy is <br />making that choice because the costs of the well and maintenance over time not just <br />initial time is more expensive than running City water. <br />Motion by Council Member Terway, seconded by Council Member Lee, to approve <br />a reduction in park dedication fees and require Mr. Shudy to pay $2,100 and the <br />rest of the fees remain the same. The reduction is based on the fact that the plans <br />for the property were submitted prior to the creation of the commercial park <br />dedication fees. All in favor. Motion carried unanimously. <br />2. Mr. George Gibson, Eagle Trail <br />Mr. Gibson addressed Council regarding a permit for a screened porch that was rejected <br />due to an easement issue. <br />City Administrator Larson explained that Council contemplated one month ago whether <br />to allow encroachment agreements and decided the City did not want to but, if the <br />resident could prove that the easement was not needed and the engineer concurred, <br />perhaps the City would give up a portion of the easement. He then said that the Engineer <br />has looked at this and feels it would be appropriate to reduce the size of the easement. <br />Mr. Peterson indicated the old easement had a line going right to where his house is and it <br />is not accurate as it was done before the house was there. <br />City Administrator Larson suggested releasing easement from the interior where it <br />crosses the side property lines and would leave him enough room and it would be easy <br />enough to describe. <br />City Attorney Hoeft indicated that someone would need to provide a legal description to <br />create a quit claim deed to release the property from the easement as well as a recording <br />fee. He then said that legal would be created and there would be a fee for that and a <br />drafting fee for the quit claim deed of about $100.00 and then recording fees to the <br />County. He further estimated costs at around $500.00. <br />City Attorney Hoeft indicated that Mr. Gibson could create his own legal description <br />using his own attorney or surveyor and City Staff would review it. <br />Motion by Council Member Terway, seconded by Council Member Lee, to <br />authorize the City Engineer to prepare the legal description and the City Attorney <br />to prepare a quit claim deed for review for vacating a portion of the easement at <br />7074 Eagle Trail. All in favor. Motion carried unanimously. <br />Page 4 of 11 <br /> <br />