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MINUTES <br />City Council <br />September 23, 1987 <br />Slumberland <br />(Cont.) <br />Recreational <br />Uses In <br />Centerville <br />Road Area <br />Agenda <br />Item No. 7 <br />Loren <br />Kehn & <br />Morrison <br />Avenue <br />Assessment <br />Agenda <br />Item No. 8 <br />Mrs. Scalze introduced the following resolution and moved its adoption: <br />RESOLUTION NO. 87 -9 -445 - INSTRUCTING THE <br />PUBLIC WORKS SUPERINTENDENT TO INSPECT <br />/ALLEN AVENUE AND TAKE APPROPRIATE MEASURES <br />`' TO CLEAN UP THE STREET IF HE DETERMINES <br />NECESSARY, REQUESTING THAT SLUMBERLAND <br />CLEAN -UP THE STREET, AND IF THEY FAIL TO <br />DO S0, HIRE A CONTRACTOR TO DO THE WORK <br />AND ASSESS THE COST AGAINST SLUMBERLAND <br />The foregoing resolution was duly seconded by Mr. Biesener. <br />Ayes (5) Scalze, Biesener, Collova, LaValle, Fahey. <br />Nays (0). <br />Resolution declared adopted. <br />This resolution appears in Resolution Book No. 18, Page 470. <br />The City Clerk noted that the information in Council agendas regarding <br />recreational uses in the Centerville Road area is for information at <br />this time. The Clerk noted that a public hearing has been called for <br />October 14, 1987 to consider the City's purchasing property in this <br />area for recreational purposes. <br />Mr. Loren Kehn, 333 E. Brooks, reported that the City Attorney has <br />informed him that it is possible to file a restrictive covenent <br />againsthis property that would prevent the division of his property. <br />Kehn requested that in return for filing such a covenant, his assessments <br />for the splitable portion of his property on Morrison be deleted. <br />The Mayor reported that the City Attorney has informed him as well <br />that such a restrictive covenant could be placed on the Kehn property. <br />Fahey stated that he was agreeable to Mr. Kehn's request. However, <br />Fahey pointed out that there is nothing on record, other than City's <br />past precedent that would provide sufficient basis to deny a lot <br />split in the Roy Wilson Addition if the split met City Code requirements. <br />Biesener asked if the restrictive covenant would prevent future owners <br />of the Kehn property from splitting the property. <br />Fahey replied that according to the City Attorney, a restrictive <br />covenant would prohibit the property from being split. <br />Scalze pointed out that the City has set a street assessment policy <br />for corner lots which would require Mr. Kehn to be assessed for the <br />improvement of Morrison Avenue at 100% of his front footage on <br />Brooks and 20% of his footage on Morrison Avenue should the covenant <br />be filed and the property not splitable. Under this policy, when <br />Brooks is improved, the property would not be assessed. <br />PAGE 8 <br />