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MINUTES <br />CITY COUNCIL <br />MAY 12, 1993 <br />Pedersen asked if the City had any legal liability in <br />this matter. <br />The City Attorney replied that there was no legal <br />liability as far as he was aware of, and reported that <br />there was no taking involved when a portion of the <br />property was rezoned. <br />Pedersen pointed out that should Mr. Pierce choose to <br />divide the property, the portion of the garage <br />straddling the lot line would have to be removed. <br />Pedersen pointed out that if Mr. Pierce wants to split <br />the property, there would be an economic benefit to do <br />so. Pedersen did not see any City's responsibility. <br />LaValle agreed. LaValle felt that if the City <br />participated in the cost of removing a portion of the <br />garage, it would be setting a precedent. It is Mr. <br />Pierce's option as to divide the property or not. <br />Hanson pointed out that Pierce was instructed to get <br />estimates for removal of the garage, and asked if this <br />implied a responsibility on the part of the City. <br />Aanson asked if the City would spend a greater amount <br />of money defending a lawsuit. <br />The City Attorney assumed that the City would turn over <br />any such lawsuit to its insurance company to defend. <br />Pedersen pointed out that Pierce would have needed the <br />bids anyway should he decide to divide the property. <br />Hanson pointed out that Mr. Pierce was looking for the <br />City to provide some financial assistance and the City <br />asked for estimates because it had no idea of the cost <br />involved. <br />Morelan agreed with Pedersen, and indicated that he <br />does not see how the rezoning enters the picture, since <br />once the residential street was put in, the City would <br />not have let commercial development on the residential <br />street. Therefore, Pierce would probably have <br />requested the rezoning in order to develop a <br />residential lot. Residential along Rosewood Drive <br />would be the hiqhest and best use of the property. <br />Morelan saw no basis for financial participation on the <br />part of the City. <br />The Administrative Assistant reported that the City <br />Administrator had discussed with Mr. Pierce the fact <br />that if the lot split is requested and approved, if the <br />portion of the garage straddling the lot line is moved, <br />and if the remaining garage does not meet the minimum <br />Page 15 <br />