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MINUTES <br />CITY COUNCIL <br />AUGUST 22, 1990 <br />Montreal Courts property. <br />Fahey pointed out staff recommendation that if the City <br />participates in the cost of construction of DeSoto <br />Street, the City be reimbursed for the 17 feet of <br />right-of-way that it would dedicate. <br />DeBace reported that there is no sanitary sewer in <br />DeSoto. The City is connected to sanitary sewer on <br />Centerville Road, therefore, it is the City Engineer's <br />recommendation that the City not participate in the <br />cost of sanitary sewer. <br />DeBace then described the road riqht-of-way that is <br />needed in order to extend Noel Drive to LaBore Road. <br />DeBace reported that easements are necessary from about <br />six lots. DeBace also pointed out that Noel Drive is <br />shown on the City's thoroughfare plan. DeBace <br />requested that the City take action to obtain the <br />necessary right-of-way on the south. <br />Scalze pointed out that the City did not condemn <br />right-of-way on Valento Lane. Scalze pointed out that <br />the City has the right to condemn if the condemnation <br />is for the public good. <br />DeBace felt that the development of 46 homes in the <br />City was for the public good. <br />Fahey pointed out that for years the improvement of <br />Payne Avenue was delayed because all of the abutting <br />property owners were not in favor. The City only <br />approved the street improvement once there were 100% of <br />the abutting property owners in favor. Fahey stated <br />that the City has not taken the policy of forcing <br />improvements through when the people do not want to <br />develop. Fahey felt that while the developer had valid <br />arguments for extending Noel Drive through to Allen on <br />the north, this was not the case on the south unless <br />there is agreement by the other property owners <br />involved. Fahey pointed out that the developer can <br />make the project work with the use of side streets, <br />rather than forcing Noel Drive through on the south. <br />Peter Costa stated that the City forced the Boosalis <br />residential street through even though the people on <br />County Road C were not in favor. <br />Scalze pointed out that the developer had control of <br />all the property, and the City was not asked to go to <br />condemnation. <br />Page 6 <br />