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City Council Minutes January 19, 1999 Page 7 e Quinn. He further stated that he has given up three already sold acres in the process, and that he felt that waiving the park dedication fee would be a fair trade. Paul Hipsag, 2272 Quinn Street, questioned why, after four surveys, there is still doubt as to where Quinn Street is located. He also questioned what the zoned usage for Lot A would be. There being no further comments, Mayor Klinzing closed the public hearing. Richard Bury stated that there is no question about the location of Quinn Street, and, as indicated in a letter from Terry Maurer, it has never changed. He further stated that Lot A is zoned agricultural, and that it is not anticipated that it will ever change. Council member Dietz stated that he would not be willing to set a precedent by waiving the park dedication fee. Mr. Bury stated that although he gained land on parcel A, it is not as valuable as the 2,900 square feet he lost on parcel B. He reiterated that the land he lost had already been sold for a very good price. Council member Thompson questioned if it was probable that the Tiller Corporation may mine or sell their land for another use. e City Attorney Peter Beck indicated that substantial setback requirements provide the city with immunities, and that it was not probable that the Tiller Corporation would be an issue. He further indicated that it would require certain procedures to dispose of trail property that was purchased by the city. Council member Farber inquired if, from a legal stand point, it would set a precedent if the park dedication was to be waived. City Attorney Peter Beck stated that it would not necessarily be a legal precedent, but more a practical precedent - which is not uncommon in unique circumstances such as this one. He continued stating that the reason this is not a common issue is that: (A) the owner did lose some land, and (B) the city relocated 22151 Avenue, creating Parcel C. He stated that although the relocation was done in cooperation with the owner, it has resulted in a net loss for him. Mr. Bury informed the council that there is a closing on the property scheduled for February 2, 1999, and that to delay the requested action would result in a tremendous hardship for him. MAYOR KLINZING MOVED TO APPROVE THE REQUEST BY RICHARD BURY FOR AN ADMINISTRATIVE SUBDIVSION TO CREATE TWO ADDITIONAL LOTS FROM A 36.19 ACRE LOT, AND TO WAIVE THE PARK DEDICATION FEE (DUE TO THE APPLICANT'S LAND AND FINANCIAL LOSS ASSOCIATED WITH THE TRAIL EASEMENT RELOCATION) WITH THE FOLLOWING CONDITIONS: e