11-13-1990 Council Packet - Laserfiche WebLink

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The Honorable Mayor Grabek and Members of the City Council May 21, 1990 Page 2 Ms. Cuff decided to buy Lot 17, in part, because of the City's representations that the lot would be perfect for an addition to the homestead or for a garage, and that obtaining a building permit would not be a problem. At the time the City made its representations. City records regarding Lot 17 did not indicate that the Property was a drainage site for water run-off. However, the City has since taken the position that the Property has always been considered a drainage area or natural waterway. The Cuff's Property has become the site for excess water run-off from city streets, thus seriously impairing the Cuff's use of the Property. Moreover, the City has informed the Cuff's that a building permit will not be issued for the Property until the water drainage problem is cured. The water drainage problem and the City's refusal to issue building permits have prevented the Cuff's from improving their existing homestead. Had Ms. Cuff been aware cf the drainage problem and the possibility of not obtaining a building permit, she would not have purchased Lot 17. The Cuff's have made a valiant effort to work with the City to solve these problems. Pursuant to City procedure, the Cuff's submitted a written request seeking assistance in correcting the Property's drainage problem. At City Council meetings of February 27, March 27, April 24, and May 22, of 1989, the Cuff's request came before the City Council. During the time period between February and May 1989, the City completed a feasibility study to determine the manner and costs associated with solvirig the drainage problem. The City's consulting engineers and architects completed a study, and proposed a storm sewer improvement project with a price tag of $30,250.00. The Cuff's were then directed to obtain at least thirty-five percent (35%) of all property owners within the designated drainage district to consent to an assessment for the project. It was the City's position, that without the consent of the thirty-five percent (35%) of the Property owners, the City could not proceed with assessments for the sewer system project. Due to the high cost of the proposed assessments, the Cuff's were unable to obtain the required number of signatures. Prior to the time the final vote was made on the storm sewer project, the Cuff's informed the City that their two dogs had developed cancer, and that the cancer may have been caused by contaminants contained in the street water run off. Accordingly, prior to the time the City Council made a