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MINUTES <br />CITY COUNCIL <br />NOVEMBER 28, 1990 <br />to the west to DeSoto at the time that the developer is <br />ready to proceed with the improvement of Costa Lane. <br />The City Planner pointed out that this would assume <br />that the property necessary for the road easement to <br />the north would remain available. The Planner pointed <br />out that the property owners could build a structure on <br />the 20 feet necessary for the easement which would <br />result in driving the cost of the property up. <br />DeBace suggested that action taken by the Council <br />tonight would prohibit such action by the property <br />owners. <br />Fahey agreed that the Council would not be likely to <br />grant approval for a structure pending the possibility <br />of Costa Lane running north to Allen. <br />DeBace stated that he felt the fair way to handle the <br />situation would be to assess the cost of easement <br />acquisition rather than requiring the developer to <br />front those costs. <br />Collova did not feel the City could show benefit in <br />order to assess easement costs without the street <br />improvement as well. <br />The Administrator agreed that it would be difficult to <br />show benefit to assess easement costs until the road <br />improvement is made. The Administrator pointed out <br />that the City could obtain a waiver of right to appeal <br />from the Costa family in order to assess their property <br />for easement costs, however, was sure that a waiver <br />could not be obtained from the other property owners. <br />The City Attorney pointed out that a public hearing <br />would be required in order to assess the properties, <br />and agreed that it would be difficult to prove benefit <br />for an assessment for easement costs until the road is <br />put in. <br />Fahey pointed out that the City can acquire the <br />easements and assess the cost back against the Costa <br />property. Fahey felt the question was what the City <br />felt was a better development. Fahey pointed out that <br />by running Costa Lane through to the north, the City <br />gets two additional lots. <br />DeBace pointed out that they would like to get going <br />right away on the improvement of DeSoto Street. It <br />will be a couple of years before they are ready to <br />proceed with the improvement of Costa Lane. <br />Page 4 <br />