11-28-90 Council Minutes - Laserfiche WebLink

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MINUTES CITY COUNCIL NOVEMBER 28, 1990 Bruhn stated that he would agree to not dividing the property as long as he lived, but would not restrict the property beyond that point. Fahey pointed out that Bruhn does not object to Costa Lane going north, the issue is that of price. Fahey stated that the only thing that bothered him about Costa Lane going north is the distance between the road and the Plessel house. Collova pointed out that the City has the same situation at the intersection of Payne Avenue and LaBore Road. LaValle stated that he felt Costa Lane should go north and that the City should enter into an agreement stating that the Bruhn property is not splitable. Fahey felt if the Bruhn property is benefitted by the road improvement, it should be assessed. Fahey felt that, if necessary, a condemnation proceeding would decide the cost of the remaining easements necessary for Costa Lane to run north. The cost of the condemnation proceeding and resulting easements would be included in project costs. The City Administrator asked about the alternative of no assessment to the Bruhn property until the property is divided. Fahey suggested that there be no assessment unless the Bruhn property is divided, and then Mr. Bruhn would have to reimburse Mr. Costa for the cost of the assessment. It was pointed out that the same situation exists with some lots to the south, and Costa pointed out that there is no agreement in place with those property owners. Fahey stated that the details would be ironed out at the time of the assessment hearing. Fahey pointed out that Mr. Bruhn is not objecting to Costa Lane going north, but wants to be paid a better price for his easement than what the developer is prepared to offer. Fahey felt the question was one of money, and the condemnation procedure will decide that issue. Bruhn stated that he does not want to divide his property, however, did not want to prevent a future owner of the property from dividing it. Paqe 7