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Regular City Council Meeting <br /> Monday,June 3, 2024 <br /> Page 9 <br /> Mayor Roe thought the consistent action by the City was to vacate the right-of-way. <br /> The question is how would the City deal with the easement. He did not know if <br /> there was something different other than maintain easements over the properties as <br /> currently defined or does the Council want staff to go back and look at this as <br /> smaller, narrower easements or otherwise define them. <br /> Councilmember Strahan explained she would be curious to know in vacating,if the <br /> City could reduce the easement for the property owner to go within five feet of the <br /> property line for planting so there would be a ten-foot section in between, rather <br /> than twenty feet. <br /> Mr. Freihammer explained staff would have to look at that in more detail. <br /> Councilmember Schroeder asked for clarification from the City Attorney regarding <br /> the City's obligation to turn the property back to the property owner if the City does <br /> not have any use for the property. She asked if the City did not turn the property <br /> back to the property owners, what would be the liability. <br /> City Attorney Tierney reviewed the reason for the City would turn the property <br /> back to the property owners. She explained what the City could face, if it failed to <br /> turn the property back to the property owners, the possibility of a lawsuit for <br /> inappropriate expenditure funds. She noted this is a remote risk. <br /> Strahan moved, Groff seconded, adoption of Resolution No. 12071 entitled, <br /> "Resolution Approving the Vacation of a Portion of Millwood Avenue That Lies <br /> within the Plat of Saint Paul Park. <br /> Roll Call <br /> Ayes: Strahan, Etten, Schroeder, Groff, and Roe. <br /> Nays: None. <br /> Groff moved, Etten seconded, adoption of Resolution No. 12072 entitled, <br /> "Resolution Approving the Vacation of Certain Alleys and Walks that are dedicated <br /> in Tschida's Plat and Chas. A.B. Weide's Midway Addition Plat. <br /> Council Discussion <br /> Councilmember Groff indicated he appreciated all of the public comments. He <br /> would like to discuss it tonight to try to decide what should be changed, if it should <br /> be changed. <br /> Councilmember Etten thought the reason the audience saw the Council not making <br /> a quick decision was because the Council sees the public's points very strongly and <br /> the legal piece is pointing in a different direction. The Council needs to make a <br />