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.. Minutes of Regular Council Meeting February 8, 1982 McAllister moved, seconded by Johnson, that Council approve the Preliminary Plat of Royal Hills (dated 12-9-81), subject to: 1) a minimum 20' aggregate side setback variance on the seven 85' wide lots, providing for a minimum of 20' between houses, and 2) a road connection from Royal Lane to Floral Drive; park dedi- cation to be resolved at time Final Plat is submitted for approval. In further discussion, an alternative road plan through the park was suggested by developer Eibensteiner (a transparency of which was shown) creating a potential of two residential lots which could be placed for public auction. Eibensteiner said he had not foreseen paying for the road; would bid on the two lots; money for the lots would compensate for lost park land, and the lots would be ultimately assessed for the street and utilities. Sue Hustings said proposed lots, are would affect them. the property owners to the south of the two out of town; is not sure how this proposal (Tschida property). . Woodburn moved to amend the motion to add the contingency that the developer is responsible for construction of utilities and street as outlined by the City Engineer and Council. Amendment was seconded by Johnson and motion on the amendment carried (Wood- burn, Johnson, McAllister voting for the amendment, Hollenhorst voting in opposition). (3-1). Original motion carried (McAllister, Johnson, Woodburn voting in favor of the motion; Hollenhorst voting in opposition). (3-1) Resolution No. 82-13, Ordering Improve~~_~-E~' SS-W~P-ST 81-5 In discussion, developer Eibensteiner said he feels it "unfair" for him to pay for the entire street, plus a park dedication. Woodburn explained thst the road is a detriment to the park; therefore, the City needs the park dedication. Eibensteiner was asked if he feels the improvement (SS-W-P-SP 81-5) is feasible. It was noted that cost of preparation of plans and specifications and previous engineering costs, are the responsibility of the developer should he not pursue the develop- ment. Eibensteiner said he will make his decision by Monday, February 15th; asked that preparation of plans and specifications be author- ized now; acknowledged he will pay all the costs incurred by the City relative to the development if he decides not to pursue the l'inal Plat. Bob Hanson (Floral Drive), explained his position relative to apparent assessment of his property for two potential lots on Royal Lane; noted the property is one parcel of land which is not divided into lots and he does not intend to develop it and/or sell it for profit; asked that no assessment be placed on the property until such time it is sold or developed; realizes the sewer, water and street will be extended along the north of his 350' x 250' parcel, but these "improvements" do not benefit his property. Mrs. Hanson concurred with Mr. Hanson's comments; said they are . in no position to pay the potential assessments and may lose their home if the property is aseessed. Woodburn thanked the Haneons for sharing their position relative to potential assessments; noted that an assessment hearing will be scheduled at some later date if the developer determines to proCeed with the project. McAllister moved, seconded by Johnson, that Council adopt Reso- lution No. 82-13, ORDERING IMPROVEMENT NO. SS-W-P-ST 81-5, with the understanding that the developer will pay all,costs incurred by the City if the project is dropped. Motion carried (McAllister, Johnson, Woodburn voting in favor of the motion; Hollenhorst voting in opposition). (3-1). -4-