CCP 10-13-1992 - Laserfiche WebLink

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l\rden Hi] 1" Council 8 September 28 f 1992 . from an improvement project, and therefore objects to an assessment. She challenged Council to consider the land and the people involved. McGuire comment.ed that Noyed's flooding problem is '..Iorse than his and predates construction of the McGuire home. Councilmember Growe asked if the builder or the owners pump the water. McGuire and Noyed st.ated that the builder has assisted in pumping the water when needed. The public hearing was closed at 9: 17 p.m. Mahowald and Malone thanked the residents for their patience and cooperation and pleasant exchange this evening. Mahowald asked Noyed if he believes his problem is worse since the building of the McGuire home. Noyed answered yes, usually. Attorney Filla asked if there is an agreement between Noyed Or McGuire and the builder for the pumping of ,>later off their properties. McGuire stated that no agreement exists, that. the builder has said the existing drainage pipe is the City's responsibility. Councilmember Hicks referred to one of the court cases cited . by Thornt.on; he asked counsel '~ it lS 1 eg a 1 for a property ] L owner to pump wat.er from one property to another without. an easement. Attorney Filla stated that there a set of laws governing drainage amongst private property owners, and a different set of laws governing ci tJl management of drainage. Filla added that the water discussed this evening is collecting in an area that is not a dedicated pond, however, there may be a prescriptive easement since the situation has existed for such a long time. Filla commented that the cases cited this evening by Thornton may Or may not illustrate rules which apply to this instance. Councilmember Growe suggested affected property ownerS may wish to continue attempt.s to resolve this problem with the developer. She further commented that the calculations indicate not all of the eight property owners proposed for assessment may receive benefit. Counci1member Mahowald agreed and stated that he has been persuaded by argument.s presented this evening that there is evidence that the water probJem existed before the building of the McGuire home. He stated that some of residents would receive benefit from an improvement project. He sympathized with the dilemma experienced by Noyed and McGuire, but stated he is not convinced that the City should be involved . in this matter, that responsibility lies with the developer. Councilmember Malone echoed Growe and Mahowald's comments. He commented that the City origi.nally considered this