05-25-1999 Council Agenda - Laserfiche WebLink

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MINUTES PLANNING COMMISSION JUNE 13, 1996 split. These documents could be recorded against the property so that future buyers are aware of these conditions. Voosen was concerned about waiving rights forever. The Planner reported that if future City improvements are made, the property owners would be deemed in favor of these improvements and will have waived their right to appeal special assessments. The Planner stated that it is not uncommon in these situations to require a property owner asking to do something which is not in concert with the Code to waive rights to appeal. The City would require that the owner waive rights to appeal assessments for future sanitary sewer, water main, and street assessments. Montour asked if this waiver would show up in a title search. The Planner replied that it should if the documents are recorded against the property. The Administrative Assistant pointed out that should the property owner connect to the City's sanitary sewer at this time, they would not be assessed for a future sewer improvement when the balance of the property is platted and developed. Keis asked if a well was being proposed. Pelletier replied that they are proposing a well since water main is located 800 to 850 feet away. Pelletier estimated the cost of a 2 -inch copper line would be $6 per foot for materials only. The Planner estimated that it would be closer to connect to water main from Viking Drive than from McMenemy. There are utility easements along the property lines of the parcels in the Mid Oaks plat, however, not the adjacent property. There is also the issue of Williams Bros. pipeline and crossing that easement with a water main. The Planner pointed out that once a well is installed, a property owner will oppose a water main improvement. Therefore, the Waiver of Right to Appeal provides protection should a City improvement go in in the future. The Planner also pointed out there is an issue of fire protection Page 34