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City Council Minutes Page 4 July 5, 2005 ----------------------------- but does not have the legal right to add a sidewalk behind the curb line. Mr. Maurer stated that he met with Mr. Raivala prior to his appearance at the June 20, 2005 Council meeting to discuss various options and since that meeting, he has had conversations with the Planning Department and with Mr. Raivala. Mr. Maurer explained the three options that staff and Mr. Raivala came up with for dealing with the sidewalk issue in priority ranking by Mr. Raivala: Lot Split Mr. Maurer indicated that Mr. Raivala has enough property to split off a 15,000 square foot lot on which his existing home resides which would create a large enough parcel remaining to create a buildable lot. Mr. Maurer stated that this buildable lot would provide additional right-of-way along Upland Avenue to allow the sidewalk to be built. Mr. Maurer noted that because this would create an additional lot, an additional assessment would be charged for that lot. No Lot Split – No Sidewalk Mr. Maurer explained that Mr. Raivala’s second option would be not to split his property and not to have the sidewalk constructed along his property line where the city lacks easements. Mr. Maurer noted that the area in which the city lacks adequate easements is not in front of Mr. Raivala’s property and that the city does have adequate easements to construct the roadway and the proposed 6-foot sidewalk immediately behind the curb in front of Mr. Raivala’s existing home. Mr. Maurer noted that the city could use it’s rights to eminent domain to obtain the right-of-way necessary but that it would be costly. City Purchase of Excess Property Mr. Maurer stated that Mr. Raivala’s third option would be for the city to purchase the remnant property including additional right-of-way along Upland Avenue. Mr. Maurer explained that rather than purchase just the right-of-way, Mr. Raivala’s preference would be to split off a 15,000 square foot lot for his current home to reside on and sell the remaining portion of his property including the additional right-of-way along Upland Avenue to the city. Mr. Maurer noted that this option would provide a small green space in the neighborhood that has several trees on it and views of Lake Orono. Jim Raivala, 441 Upland Avenue – thanked the Council and staff for their time on this matter. Mr. Raivala stated that if the Council is agreeable to the lot split he would like them to consider helping with some of the fees associated such as the park dedication and application fees. He stated that he understands the need for a sidewalk in the area but he feels that giving the city the right-of-way is quite generous. Mr. Raivala also asked that the new buildable lot be granted similar easements as his property. Mr. Maurer indicated that the lot split would take place through an Administrative Subdivision (simple plat) and would only need to come before the Council. He also noted that the person who wishes to build on the new lot would be the one who would have to apply for the variance. Mr. Maurer explained that the issue before the Council tonight is whether or not the lot split is an acceptable offer. He stated that if both parties are agreeable then the details of the setbacks would be brought back before the Council by Director of Planning Michele McPherson at a future Council meeting. Mr. Maurer indicated that if the lot split moves forward the city gains the necessary right-of-way to create a sidewalk so he would be in support of assisting Mr. Raivala with the fees associated.