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Regular City Council Meeting <br /> Monday,April 23,2012 <br /> Page 7 <br /> Approve Affmity Plus Credit Union Encroachment Agreement <br /> At the request of Mayor Roe, City Manager Malinen briefly reviewed this item <br /> as detailed in the Request for Council Action dated April 23, 2012. <br /> Councilmember McGehee referenced Attachment A to the report; and ques- <br /> tioned the location of this encroachment. <br /> Using the site plan, Public Works Director Schwartz clarified the location of the <br /> easement over a portion of existing sanitary and storm sewer running the length <br /> of the property adjacent to the north property line; both located approximately <br /> ten feet (10') apart; and proposed to be located partially under their parking lot <br /> as well as under a portion of their drive-through canopy. <br /> Councilmember McGehee questioned if there was the possibility in the future <br /> that City would need to dig remove any portion of the Affinity parking lot or a <br /> portion of the retaining wall. <br /> Mr. Schwartz noted that this was always a possibility, as with any easement. <br /> However, Mr. Schwartz noted that current technologies provided for options for <br /> pipe repair beyond digging them up; and thus language included in the Agree- <br /> ment for the property owner to assume cost-share responsibilities under the <br /> terms of this agreement. Mr. Schwartz noted that the Agreement had been <br /> drafted, and reviewed, by the City Attorney to ensure that the language covered <br /> any liability for the City. <br /> Councilmember Johnson returned to the meeting at approximately 7:15 p.m. <br /> McGehee moved, Willmus seconded, approval of the Affinity Plus Credit Un- <br /> ion Encroachment Agreement(Attachment A). <br /> Roll Call <br /> Ayes: McGehee; Johnson; Willmus; Pust; and Roe. <br /> Nays: None. <br /> j. Consider an Extension to the Time Limit to Make a Decision Regarding the <br /> Citizen Petition for an Environmental Assessment Worksheet for the Pro- <br /> posed Wal-Mart Store at County Road C and Cleveland Avenue <br /> At the request of Mayor Roe, City Manager Malinen briefly reviewed this item <br /> as detailed in the Request for Council Action dated April 23, 2012. <br /> Councilmember McGehee sought assurances that the plat currently before the <br /> City Council was associated with the Wal-Mart project as one complete unit, <br /> and that there was nothing else hanging out there. <br /> City Attorney Gaughan advised that, under Rules of the Minnesota Environ- <br /> mental Quality Board (EQB), as the Responsible Governmental Unit (RGU) — <br />