08/10/1998 Council Minutes - Laserfiche WebLink

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COUNCIL MINUTES AUGUST 10, 1998 Mayor Sullivan explained that Council Members were elected to take care of the business of the City. The business of the City is governed by regulations and rules. She asked Council Member Lyden to consider that when he votes. Mayor Sullivan said another option for Mr. and Mrs. Hill is to not subdivide at this time. The City will require the right-of-way when subdivision does occur. She asked Mr. and Mrs. Hill if waiting is an option. Mr. Hill stated waiting to subdivide is not an option. He would like to sell the property as soon as possible. Mrs. Hill noted that they waited a long time to acquire Outlot A. They have done everything the City has required them to do. Time is a factor regarding the subdivision. Council Member Lyden moved to approve the subdivision and variance and compensate Mr. and Mrs. Hill for the 14 feet of right-of-way and require a $500.00 park dedication fee collection for the newly created lot. Council Member Bergeson seconded the motion. Council Member Bergeson asked if compensation for the right-of-way is given, is the Council setting a precedence. Mr. Hawkins stated there is concern regarding subdivision and compensation for right-of-way. Questions will be asked if compensation is made for the right- of-way. Reasons are needed as to why compensation is not made. It is easier to ask developers for right-of-way than residents, however, developers and residents need to be treated the same way. Council Member Lyden noted the distinction between splitting four (4) or five (5) lots as opposed to one lot. Council Member Dahl asked if right-of-way was obtained on the other side of Elm Street. Mr. Hawkins stated additional right-of-way was obtained in Wenzel Farms 3rd Addition and also in Ulmers Development. Mr, and Mrs. Hill are the only property owners that have not dedicated right-of-way from Lake Drive to the east. The property to the west has not yet been platted. When the properties to the west are platted the City will be in the same situation. Council Member Lyden explained to Mr. and Mrs. Hill that a tremendous amount of conversation and thinking has gone into determining the right answer. Mr. Hill noted that the law regarding excessive right-of-way dedications will be changed in two (2) or three (3) years. Council Member Bergeson stated that Elm Street will eventually be improved. Right-of-way needed for construction will be taken at that time. What is not needed will be the front yard of homes. The decision that needs to be made is an economic decision. The question is compensation and economic hardship. Council Member Dahl asked what type of compensation would be acceptable. Mr. Ahrens stated that he would need to speak to staff regarding compensation. One option would be to hire an 6