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MINUTES <br />CITY COUNCIL <br />NOVEMBER 28, 1990 <br />The City Administrator reported that the acquisition of <br />20 feet of right-of-way easement remains in order for <br />Costa Lane to be extended north to Allen Avenue, and <br />there are three properties involved. The first <br />property owner, Mrs. Plessel, has indicated her <br />willingness to sell the necessary easement. The second <br />property is controlled by a bank, and that bank has <br />indicated a willingness to negotiate the easement. The <br />third property is owned by Mr. Clarence Bruhn, who has <br />indicated that he will dedicate the road right-of-way <br />in exchange for the value of the assessments for the <br />road improvement. The City Administrator stated that <br />it was his opinion that this amount would exceed the <br />fair market value of the property, and condemnation may <br />be necessary to complete the acquisition. The <br />Administrator stated that Mr. Bruhn has indicated that <br />he is not interested in dividing his property at this <br />time, and feels the street improvement will decrease <br />the value of his property rather than increase it. <br />He also reported that Mr. Costa has indicated he is <br />unwilling to advance the costs associated with these <br />acquisitions, which was contrary to the position <br />previously put forth by the Council. Given these <br />factors, the City Administrator recommended that Costa <br />Lane be extended to DeSoto in a horseshoe fashion <br />rather than north to Allen Avenue. <br />Mr. Bob DeBace, representing the Costa family, reported <br />that the Costa family would like Costa Lane to go north <br />to Allen Avenue. DeBace pointed out that the City has <br />already granted preliminary plat approval with Costa <br />Lane going north, however, the Costa family has <br />requested City assistance in resolving the issue of the <br />road right-of-way. <br />Fahey pointed out that if it is necessary to go to <br />condemnation, the City would require the costs <br />associated with the condemnation to be paid by the <br />developer. Fahey suggested that a deposit be required <br />from the developer to cover these costs with the <br />deposit to be recouped by the developer at the time the <br />Costa Lane improvement were assessed. <br />DeBace asked that the project be handled like any other <br />project. DeBace stated that the Costa family does not <br />wish to pay costs upfront, but rather have costs <br />assessed against benefiting properties in the normal <br />fashion. <br />Blesener pointed out that at this time there is no <br />Page 2 <br />