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Commissioner Brainard indicated that it is common in developments to have utilities go <br />through lots by easement. He then stated it is a fact of life that those property owners <br />who purchase lots with the easement should be aware of. <br /> <br />Council Liaison Broussard Vickers indicated that the Park and Recreation Committee <br />would prefer to see the walkway on the east side of Lot 1 rather than the west side. <br /> <br />Commissioner Wilharber questioned whether the Outlot would be excavated for a <br />holding pond. The Engineer indicated it is a natural wetland and would not be excavated <br />for a holding pond. He then indicated he would need to check with Rice Creek <br />Watershed to determine whether rerouting the trail would be allowed. <br /> <br />The Engineer asked if the trail could be located in the right of way. Council Liaison <br />Broussard Vickers said she thought that would be okay and noted the concern of Park and <br />Recreation was for the trail moving through backyards. <br /> <br />Mr. Hannah indicated they may need new County approval but said he would discuss it <br />with the surveyor. Council Liaison Broussard Vickers indicated she would like him to <br />ask the question and if it would not delay things to change the trail. <br /> <br />Mr. Hannah indicated the trail would be owned by the homeowner’s association. <br />Commissioner Wilharber questioned whether the homeowner’s association could then <br />close the trail to other residents. Then both he and Council Liaison Broussard Vickers <br />indicated that the trail needed to be owned by the City to prevent it from being closed. <br /> <br />Mr. Palzer indicated that the trails are usually deeded to the City and the City maintains <br />them. <br /> <br />Motion by Commissioner Brainard, seconded by Commissioner Sheppard to <br />recommend to Council approval of the Pheasant Marsh Final Plat contingent upon <br />review of the trail location as requested by the Parks and Recreation Committee. <br />Vote: Ayes – 5, Nays – 0, Abstain – 1 (Wilharber). Motion carried. <br /> <br /> <br />2.Revised Concept Plan – 1475 Mound Trail <br /> <br />No action required. <br /> <br />V. NEW BUSINESS <br /> <br />1. 1977 South Robin Lane – Variance Request <br /> <br />Council Liaison Broussard Vickers noted the City had granted a variance previously in <br />this type of situation to a property owner with a triangular corner lot with a creek running <br />through. She noted the variance was granted due to the lot design. <br /> <br />Page 12 of 16 <br /> <br />