09/07/1977 Meeting - Laserfiche WebLink

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. VI. Approval of Minutes--August 31, 1977 Mr. Haws moved, seconded by Mr. Hamel, to approve Council Minutes, . August 31, 1977. Roll call vote. Motion carried unanimously. VII. Liquor License: Change of Ownership and Trade Name--From Lowe Markets, Inc., to Grocery Carts, Inc.; 1645 Coburg Road; applicant, Bill McCabe Manager noted staff had no objections and found all papers in order. Mr. Haws moved, seconded by Mr. Hamel, to approve and forward to OLCC. Motion carried unanimously. VI I. Improvement Petition Paving, sanitary sewer, and storm sewer on Best Lane from lone Avenue to 1300 feet north (1494); assessable costs: paving, 61%; City costs $2,000. Manager noted this was a complicated issue as it was necesary to acquire right-of-way to pave the street. He noted Council had taken a tour of the Best Lane area, and said the subdivision would be developed by Breeden. Brothers. Don Allen, Public Works Director, said staff was requesting approval of the improvement petition with the following conditions: 1) The developer provide access to the subdivision over this particular street; 2) The developer acquire the right-of-way and pay the cost, or provide the City the right-of-way; 3) The developer pay for the actual administrative costs if the City does acquire right-of-way by eminent domain. Mr. Allen said in the past the City had secured right-of-way only on arterials and - not on residential streets, but the City could exercise the right of eminent domain to acquire this right-of-way. Mr. Allen noted for Council that if it were necessary for the City to exercise the right of eminent domain, the matter would come back before Council and Council could address the issue of cost estimates to be billed to the developer at that time. In response to a question from Mr. Delay, Mr. Allen said the City had not acquired right-of-way on residential streets but had reserved the funding only for arterials. Mr. Haws wondered if the improvement petition were denied, what alterna- tives the developer would have. Mr. Allen said Council would then be in a position of whether or not to authorize improvements in the subdivision. Mr. Obie wondered if this was a situation of forcing people to pay for development of a street that does not need to be developed, noting that 39 percent of the people along the street do not feel it is necessary. Mr. Hamel said from taking a tour of the area there was no doubt the street should be developed before the subdivision begins. Mr. Lieuallen asked if the staff were asking the developer to pay for the ri ght-of-way and also the street improvement. Mr. Allen replied the developer would only provide for the right-of-way and this was a petition project so the property owners would be assessed for the street improvement. He noted the project would go through the public hearing process. In response to a question from Mr. Bradley, Mr. Allen said requiring the developer to bear the entire cost of the paving was not an option. - Minutes 9/7/77--9 b83