Laserfiche WebLink
1 <br />1 <br />1 <br />COUNCIL MEETING JUNE 28/ 1993 <br />trees on the south portion of their lot and many neighborhood <br />children play in the trees. Since many new lots have been <br />developed south of Apollo Drive, they fear that many more <br />children will be playing in the woods and increase the liability <br />in the event of an accident. The Leese's explained that their <br />house is only five (5) years old and they do not want to sign <br />away their rights for something they do not need. <br />Mr. Leese explained that the only reason they have decided to <br />subdivide and sell is to reduce their liability and to provide a <br />buffer between them and the new development. He noted that there <br />will not be much money left from the sale when all requirements <br />are met so profit is not a factor. Mr. Leese said he did not <br />object to sewer and water coming down Marvy Street. However, <br />there is a drainage ditch on his property and he will not be able <br />to divide the Marvy Street frontage. This means that when sewer <br />and water is extended along Marvy Street, he will be faced with <br />paying assessments on the entire frontage without any method of <br />recouping any costs. Mr. Leese felt that if he were to sign the <br />petition, he would be unable to address his concern regarding the <br />assessment. Mr. Hawkins explained that the City does not want to <br />deal with petitions against a project and signing an agreement is <br />one method of handling this matter. <br />Mr. Leese said that there are eight (8) residents along the south <br />side of Marvy Street who would want to subdivide their property. <br />If they are forced to sign an agreement to not petition against a <br />project on Marvy Street then the remaining four (4) property <br />owners could force a project through. It was explained that if a <br />project was proposed for Marvy Street, property owners on both <br />sides of Marvy Street would have a right to petition against the <br />project. Those residents who signed an agreement would not be <br />able to petition against the project but would be able to contest <br />the assessments as outlined in State Statute 429. <br />After further discussion, Council Member Neal moved to approve <br />the Planning and Zoning recommendation with the following <br />stipulations: <br />1. Property owners sign an agreement indicating they will not <br />petition against the extension of utilities when they are <br />available to Marvy Street with the stipulation that they <br />will not be assessed until such time as they decide to <br />actually connect to the utilities. <br />2. Drainage and utility easements shall be provided on the <br />perimeter of the newly created lots. <br />3. Easements for driveway purposes shall be indicated on the <br />PAGE 7 <br />2.21 <br />