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1 <br />1 <br />101 <br />COUNCIL MEETING JUNE 27, 1988 <br />have to be brought in to make the new lots buildable. He <br />asked if the prospective buyers will be made aware that dirt <br />will have to be hauled in at their expense to make their <br />lots buildable. <br />Mr. Schumacher expressed concern because this is the second <br />subdivision presented in the area where the City is <br />developing an overall drainage plan. He noted that when <br />this plan is completed there will be acquisition of <br />easements and was concerned that with each new subdivison, <br />there will be many more landowners involved in the <br />acquisition. Mr. Hawkins suggested that the developer could <br />be required to state in the covenants that there is an <br />overall drainage plan coming and there may be future <br />acquisition of easements and future assessments. <br />Mr. Hawkins told the Council that he has not yet received <br />the abstract but did get a call from Mr. Joyers attorney who <br />explained that the abstract is being brought up to date and <br />covenants are being drafted. He said a developers agreement <br />will not be needed since there will not be installation of <br />utilities and streets. <br />Mr. Bisel moved to accept the final plat of Twilight III <br />subject upon the abstract being delivered to the City <br />Attorney and the need for covenants to include langauge <br />regarding surface water management and the possibility of <br />assessments and include the issue of the Planner regarding <br />fill dirt be provided from off -site and have the City <br />Engineer review the drainage plan with the developer. Mr. <br />Neal seconded the motion. <br />Mr. Joyer explained that requiring the fill dirt to be <br />brought in off site creates a deviation from the original <br />plan and creates a hardship. This is unexpected and with <br />committments already made to prospective buyers, it would be <br />hard on the developer. It is the developers intent to grade <br />the site, create a pond and use the dirt in the proposed <br />building site. Mr. Bisel said that the Council is trying to <br />allievate future problems and said he would stand by his <br />motion. <br />Voting on the motion, motion carried unanimously. <br />PLANNING AND ZONING REPORT <br />West Oaks Homeowners Association, Variance - Mr. Miller <br />explained that the Homeowners Association has requested a <br />