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I I I Council Meeting Minutes May 27, 1986 Council Business, continued Motion by Schmidt, seconded by Gunderman, to RECOMMEND APPROVAL OF FINAL PL-147 SUBJECT TO THE FOLLOWING CONDITIONS: 1. THAT ADDITIONAL ARROWS BE PROVIDED ON THE FINAL GRADING PLAN INDICATING FUTURE GRADING OF INDIVIDUAL LOTS; 2. THAT LOT 9, BLOCK 2, BE MADE LARGER BY SHIFTING THE PROPERTY LINE BETWEEN LOTS 9 AND 10 FURTHER TO THE WEST; 3. THAT THE GARAGE ON LOT 4, BLOCK 2, BE MOVED OUT OF THE FRONT YARD SETBACK AREA BY NOVEMBER 30, 1986; 4. THAT THE NAME TANKDRIVE DRIVE BE CHANGED TO YANKTON COLLEGE DRIVE TO SATISFY FIRE DEPARTMENT REQUIREMENTS; 5. THAT ALL HOMES ON LOTS 1 AND 2t BLOCK 2, AND LOTS 1 THROUGH 8, BLOCK 1, HAVE THEIR FRONT YARDS ON DRIFTWOOD DRIVE; 6. THAT THE PLAT NOT CREATE ANY NONCONFORMING SETBACKS WITH EXISTING AND PROPOSED STRUCTURES; AND 7. THAT SUFFICIENT FRONTAGE OF TWENTY FEET BE ALLOWED ON THE CUL DE SAC FOR DRIVEWAYS. 4 Ayes - 0 Nayes (Williams Abstained), Motion Carried (Gunderman stepped out of the room at 9:15 p.m.) Proper reviewed staff report concerning the installation of streets and utilities to serve Seminary Estates; and noted there is an Agreement attached to the staff report to waive a public hearing to save processing time. Proper stated the City Attorney had been working on the Agreement since the packets were sent out and deferred further comment to the LeFevere. LeFevere distributed and reviewed a new Agreement which may not be in final form, it may come back to council with minor modifi- cations. The Agreement is attempting to provide for an effective waiver of their right to hearings on the improvements, assessments, and to appeal the assessments; such waiver needing to be effective as to the Seminary but as to any subsequent owners of the property who take title prior to the time of the assessments are put on the property in 1987. Benke asked if we can approve the Agreement contingent upon final review and approve by LeFevere; LeFevere recommended that, because the City will be financing the improvements with bonds, the City order the improvements as proposed and, if an agreement cannot be reached, the City would not proceed until a signed commitment had been undertaken. Benke asked if the plan attached is the final; Proper stated it was not, but that it was fairly close. Page Twelve Project 86-10 - Streets and Utilities - Seminary Estates Report 86-129 Resolution 86-53