08-29-01 Council Special Minutes

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MINUTES CITY COUNCIL AUGUST 29, 2001 The City Administrator also reported that without looking at the abstract for the Bowie property, he couldn't determine if the existing right-of-way for Condit came from the Bougie property. Montow- raised the issue of die number of lots that Bougie could get from his property if he subdivided it. The City Administrator reported that the location of the existing house on the Bougie property impacts the number of lots he could get. The City Administrator indicated that additional right-of--way from the front of the property would not impact the number of lots. The City Administrator also pointed out that R. J. Marco Construction has indicated a willingness to dedicate right-of--way for Condit from their development, if the City so desires. The City Administrator recommended, however, that the Condit Street right-of way be lined up with the 46.5 feet of right of way that exists north of Yorkton Ridge. The Admiuistrator also felt that with utility and drainage easements, 46.5 feet ofright-of--way would be adequate. He felt that at the time Condit Street is reconstructed, a 30-foot road that is the City's standard, or possibly a 28-foot road, could be reconstructed within the 46.5 foot ofright-of--way. The Council discussed the matter and felt that rather than include the dedication ofright-of way for Condit Street in the development agreement with R. J. Marco, that a letter he required from the developer indicating their willingness to dedicate right-of--way should the City determine it should come from the east side of the street. It was also suggested that should the City not require the right-of--way within five years, then this requirement will ]apse. The Council directed the City Administrator to meet with Mr_ and Mrs. Zoch and .Mr. Bougie to review the information he has put together and explain his recommendation. The Council indicated that the matter should be put on the next Council meeting agenda for discussion with these property owners, if they so desire. The City Admiuistrator reviewed the proposed Development Agreement and Purchase Agreement with Country Drive Investors, LLC. He indicated that the closing on the property should take place next week. The Administrator also reported that he is in receipt of the draft settlement agreement between the City and Mr. Biagini. The City Attorney is making some minor modifications to that agreement and it should be finalized within the next few days. The City Administrator pointed out that as part of the settlement agreement Mr. Biagini will have to finalize die platting of the property, and he should be in at the October meeting cycle to do so. 2