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MINUTES <br />CITY COUNCIL <br />NOVEMBER 28, 1990 <br />definite timetable for development of Costa Lane. <br />Therefore, the City should not have to pick up costs <br />associated with Costa Lane when there is no schedule <br />for recouping the costs. <br />DeBace stated that it is their position that all lots <br />that benefit from the road should be assessed their <br />share of the road improvement. <br />Fahey suggested that the condemnation of the necessary <br />road right-of-way not take place until the developer is <br />ready to put in Costa Lane. Fahey asked if the City <br />could enter into an arrangement to proceed with <br />condemnation at some future date. <br />The City Attorney reported that the City could agree to <br />proceed with condemnation as part of the development <br />agreement with the developer. This agreement would be <br />binding on future Council's as well. <br />Fahey stated that it was his opinion that the City was <br />better served by Costa Lane going north rather than <br />west. <br />The City Administrator reported that he has informed <br />the developers that should they front costs, those <br />costs would be included in the assessment of Costa <br />Lane, and the costs would be recouped at the time the <br />improvement is assessed. The Administrator pointed out <br />that the City does not know the cost of the acquisition <br />of road right-of-way easements, and this cost could <br />drive up the amount of assessment for the road <br />improvement to a point where it would make the <br />assessment more difficult to justify. <br />DeBace pointed out that under condemnation, the <br />property owners would be paid fair market value for <br />their property. <br />Fahey pointed out that the developer owns approximately <br />17 out of 20 lots that would be assessed for the <br />improvement of Costa Lane. In the development <br />agreement the City could require the developer to pick <br />up any portion of the assessment that would be <br />determined to exceed benefit. <br />Blesener felt the option of condemnation at the time <br />Costa Lane is improved leaves the situation hanging. <br />Blesener stated that he would like to see an <br />alternative plan that would involve leaving an access <br />to DeSoto at this time. This would allow the developer <br />to improve Costa Lane either north to Allen or <br />Page 3 <br />