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City Council Minutes Page 5 <br />May 15, 2017 <br />----------------------------- <br />5. The applicant must apply for and receive approval for all required permits <br />before any construction may begin. <br />6. The number of dealers shall be limited to one (1). <br />7. No more than 5 vehicles may be displayed “for sale” on the subject <br />property. <br />8. Auto repairs shall not be allowed. <br /> <br />Motion carried 5-0. <br /> <br />7.3 Simple Plat: John Lenz, Elk River Screw Job <br /> <br /> Mr. Carlton presented the staff report. <br /> <br />Attorney Beck stated there is someone in the audience who would like to speak on <br />this matter. <br /> <br />Mayor Dietz reopened the public hearing. <br /> <br />Jim Nielson, 118 East Main Street – stated he is an attorney. He stated in 1990 the <br />city required two parcels to be combined with no authority to do so. He stated John <br />Lenz sold a piece of property to a developer who then platted the property. He <br />stated, for an unknown reason, they made a road within 3 feet of the south line of <br />one of Mr. Lenz’s lots. He stated the city caught this but didn't have the surveyor <br />change the plat and instead had the developer deed Outlot B, which could have been <br />used as a public park. He stated this is an issue because instead of fulfilling the <br />requirement, the plat was put on record and a deed wasn't given. He stated he <br />believes the city didn't obtain a developer agreement. He stated a developer’s <br />agreement, per city ordinance, requires the developer to agree to pay for all public <br />requirements, such as the road. He stated he assumes the city didn't get the <br />agreement and the developer didn't install the road. He stated the developer then <br />sold the property to a new party (Montgomery) who decided he wasn’t going to pay <br />for the road. Mr. Nielson stated his client had to go to court to force the road <br />improvement by Montgomery. He stated the whole road was not installed. He stated <br />Mr. Lenz has a lot sold but the buyer may walk away because there is no plat. He <br />stated if the buyer walks, the city will have a lawsuit on their hands. Mr. Nielson <br />stated he has made proposals to the city attorney. He discussed an Easement in <br />Gross and a Pertinent Easement. He discussed differences between a public and <br />private road. He stated he can give an easement to the city for park, driveway and <br />utility and it is all the city needs to have the public easement. <br /> <br />Mayor Dietz continued the public hearing. <br /> <br />Attorney Beck stated this matter has been deferred to the city’s real estate attorney <br />and the city is doing its best to work out the situation. He stated the best solution is <br />to get Outlot B conveyed for public street purposes, like it should have been <br />previously. He stated the adjacent property owner was approached but is unwilling to <br /> <br />