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I NIVUTI8 OF TBB GROW) COUNCIL MBBTIH6 OF DBCENBBR 11, 1$09 <br />SCNIING FILE #1289-WILL COHTIHOBD <br />(Councilm«inb«r Nettles arrived at this time) <br />^ responsible for maintaining %Mr *^Circle*ai^^^JjBtib Nor^h* <br />Mabusth asked who would be responsible for maintaining the <br />l^rtion of the roadway constructed by Mr. Will that exists on Mr. <br />Wear s property as a result of extending the cul-de-sac. <br />understanding is that Planning <br />Comission s proposal was that, because of problems of enforcino <br />maintenance, that Mr. Will would be responsible for maintainlnq tnat portiorie ^ <br />Pl«nning Commission Representative Brown said that was not <br />his understanding. He said that the Planning Commission had <br />preferred to have the entire road publicly maintained. <br />Mr. Wear asked about compensation from Mr. Will for constructing the road. <br />^*Tett said that the issue might be whether or not Mr. Wear <br />nas the right to compensation of that portion of the road by the <br />homeowners and their invitees that would use it. Barrett said <br />that in «is opinion, he would not be entitled to such <br />compensation because the would City regulate it. <br />whether or not the Council had approved the covenant filed with his property? <br />Mabusth said that the Council does not approve specific <br />covenants or easements filed against plats. The covenants are <br />completed by the developer, using a standard form provided by the <br />City. The City has no authority to specify unit costs for future access of the road. <br />Mr. Wear asked whether the Wills had actually purchased this <br />property they are applying to subdivide? <br />Will said that he has not had the closing to purchase the land as of this date. <br />Mayor Grabek asked whether the City has spent all of this <br />time on this application and they have not been dealing with the property owner? <br />A i ^*^***fh said that Mrs. White, the owner of the property, <br />joined in the application with the Wills. <br />Lorensen asked whether the existing covenants were <br />sufficient in handling what is being proposed. <br />Mabusth said that what now exists is sufficient.