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1 <br />1 <br />COUNCIL MEETING APRIL 22, 1991 <br />the new lots created in the Rice Lake Drive area to connect to <br />sewer and water services? Mr. Miller said yes. Council Member <br />Kuether said that in previous lot split situations, sewer and <br />water services were already available to the newly created lots. <br />This is not the case with the Morehouse property. Council Member <br />Reinert noted that the Council would be creating a non - conforming <br />lot and asked when utility services are available, can the City <br />require the non - conforming lot to connect to the services. Mr. <br />Miller noted that on Second Avenue, lots are split leaving a one <br />half (1/2) acre lot on Rice Lake Drive that is not hooked up to <br />services. It was noted however, that utility service is <br />available nearby. <br />Council Member Kuether said she felt this is different since <br />utility service is not nearby. Mayor Bisel said he felt that the <br />subdivision should be contingent upon a final plat from Mr. <br />Menkveld. He noted that if the plat did not happen, the Council <br />has created a non - conforming lot. Council Member Kuether asked <br />if this subdivision could be done at the same time the plat is <br />approved? Mr. Miller said that it is uncertain when utility <br />service will be available and Mr. Menkveld is putting his package <br />together at this time. Council Member Reinert said he felt the <br />Council would be "jumping the gun ". <br />Mr. Morehouse explained that he has a closing set with Mr. <br />Menkveld for May 1, 1991 and it is contingent upon Mr. Menkveld <br />being able to purchase the land from the Judd's. He said that <br />Mr. Menkveld may back out of his purchase agreement. Mayor Bisel <br />said that the minor subdivision could be granted contingent upon <br />the Judd property hooking up to services. Mr. Morehouse said <br />that if the Council is going to wait until service is available, <br />Mr. Menkveld will not purchase his property. <br />Mr. Hawkins explained that the Council could approve the minor <br />subdivision contingent upon the property hooking up to services. <br />This means that the subdivision cannot be recorded until services <br />are available and Mr. Menkveld can close on the property. <br />However, a separate parcel will not be created until the services <br />are available and some provision will have to be made for the tax <br />statements. This action would not stop Mr. Menkveld from <br />closing. Mr. Morehouse said this may cause a problem with the <br />Judd's mortgage company. Council Member Reinert said that this <br />would be a workable situation. Council Member Kuether said that <br />she did not think Mr. Menkveld would "walk away" from this <br />property because of this matter. <br />VOTING ON THE MOTION: <br />Bisel <br />Bohjanen ® Kuether <br />PAGE 9 <br />115 <br />