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Ms. Hosterman asked what is the possibility, if and when the Singletons and Gonsalves choose to develop, the City or the Petersons be reimbursed for purchasing the fight of way and installing the sidewalk. Mr. Swit~ said it would be 100% if the improvements were done within a time frame that the City normally has for reimbursement agreements. The typical reimbursement agreement for a party would be 7 - 10 years, depending on the circumstances. If either party waited longer than that, then there would be no reimbursement. If the City were to advance the funds, it could last any length. Ms. Ayala reminded Council that in the report there were other options and one of these was to accept dedication of the widening, but defer dedication until Dennis Drive can be completed across all three lots. The Petersons were okay with this option. Ms. Ayala was definitely against condemnation of the property. Ms. McKeehan said condemnation would be a separate action and have a separate hearing process. Ms. Ayala said option #3 action requires proceeding in that direction. Ms. McKeehan said that if Council conditions this project on extending the sidewalk, the first step would be to attempt to acquire the property by an agreement. Staff would contact the property owners as the first step in order to make this happen. Ms. Ayala said that since the barn is problematic, the likelihood of this happening is not good. Ms. McKeehan said she did not know. Ms. Roush said that if an application has to acquire property off site in order to put in an off site improvement, and that applicant is unable to do so, then the Council is called upon to initiate the negotiations/condemnation of the property. If the negotiations are not successful and there are not sufficient votes to initiate the condemnation, then the condition is waived. Mayor Pico indicated that Council would not be able to vote on a barrier issue for Dennis Drive and Newton Way, or Dennis Drive at the Peterson property line as part of the application based on information received from the Planning staff and City Attorney. This would require a totally separate type of action and something that the neighborhood could petition. The other options available with respect to the Peterson property is to approve their application and not require that any changes be made to the sidewalk or that any sidewalk be built in front of the Peterson property at this point. Another option is whether they would fund the improvements, subject to a reimbursement agreement. Council has the ability to accept this project or deny the project. If accepted, the question is whether to widen of Dennis Drive in front of the Peterson at this point in time or Pleasanton City Council 13 09.02.03 Minutes