11-13-1990 Council Packet - Laserfiche WebLink

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r- *• - Vi V .v • The Hcnorahle Mayor Grabek and Members of the City Council May 21, 1990 Page 3 final vote on the sewer system project, the Cuff’s decided to have tests comoleted to determine whether the Property was contaminated.' The Cuff's have expended considerable amounts of time and money in having the tests completed, and have provided the results of the tests to the City. The tests, thus far completed, establish that there are no unsafe contaminants on the Property. However, the testing company has suggested that further tests must be completed in order to provide conclusive evidence that the Property is not contaminated. The Cuff's have attempted to work with t.he City to come up with a less expensive solution to the drainage problem. The City has steadfastly refused to build a storm drain at its expense, or to alleviate the drainage problem on the Property by some other, less expensive alternative. The City's position lie-- in the face of its knowledge that the proposed storm sewer system will alleviate the drainage problem for the Cuff's Property as well as other properties West of County Road 19 and North of County Road 15. Because the cost of the City's proposed sewer system is e.xorbitant, and beyond the Cuff's means to pursue themselves, the Cuff's feel that their only hope lies in the hand? of the members of the City Council. At this time, t.he Cuff's request that the City Council vote to assess all property owners within the drainage district and construct the proposed storm sewer system. We are aware that the City's historical position is that all Property owner's must take care of individual flooding problems themselves. However, the City Council's decision in this case must take into account the unique facts surrounding the Cuff's purchase of Lot 17, as well as the fact that the City added to the drainage problem. The Cuff-s pioc-;.^" warrants affirmative vote to their request. Finally, our client has further advised us that if the City refuses to commence assessment procedures and construction of the storm sewer system, that a lawsuit may be imminent. It is our position t.hat the Cuff's have claims against the City which include but are not limired to negligent misrepresentation and fraud surrounding the City's representations and admissions mado to the Cuffs in regard to their purchase of Lot 17; and, liability for creation of a nuisances, trespass, and the taking of the Cuff's Property. We ask the City Council to vote in favor of proceeding, with the storm sewer project as it will not only prevent