12/10/1990 Council Minutes - Laserfiche WebLink

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1 1 1 COUNCIL MEETING DECEMBER 10, 1990 commitment for twenty six (26) of the parcels. Mr. Hawkins noted that the City cannot force a resident to purchase a parcel. Council Member Bohjanen asked if it would be wiser for the City to retain ownership of the entire Outlot and use it for park purposes. Mr. Schumacher explained that this entire matter had been presented to the Park Board several years ago, and because of the configuration of the Outlot, the Park Board was not interested in the Outlot. Mr. Schumacher explained that it does not make sense for the City to retain ownership because of the liability concern and because the City would be responsible for removing rubbish and settling neighbor disputes. Council Member Neal noted that the Park Board has changed in the last three (3) years and possibly they may now consider it for use as a tot lot. Mr. Schumacher explained that the residents wanted to buy portions of the Outlot to provide a buffer to their property. They did not want a park in their back yard. Mr. Schumacher explained that what the City is doing is consistent with what the residents want. Mr. John Mooney, 6750 East Shadow Lake Drive explained that nobody objects to buying a parcel of the Outlot. However, some residents are concerned about the runoff and possible flooding in the spring. The residents want to see the Outlot maintained as natural as possible. There was further discussion regarding when the swales could be constructed. It was noted that it is not possible to predict the weather making it difficult to start construction at this time. Council Member Bohjanen moved to approve the preliminary plat of Outlot F. Council Member Kuether seconded the motion. Cheryl Bussen, 6719 Partridge Place explained that the restrictive covenants do not allow for the construction of dog kennels or fences on the Outlot. She asked if the structures presently located on the Outlot will be removed. She also asked for clarification as to how the restrictive covenants will be enforced. It was explained that it is up to the residents to report all infractions to the City. Mr. Hawkins said that generally the City does not allow any structures on easements because they must be removed if maintenance is to be completed. If any structure is constructed on the easement, the owner must be aware that the City could remove it at any time. Mrs. Bussen asked if she could build a kennel although they realize that it could be removed at any time. Mr. Hawkins explained that the Council will have to enact a policy at the beginning of this platting process. The policy should state if structures will be allowed or if they will not be allowed. The policy should state that if structures are allowed, the resident must be aware that they can be removed if the City has to correct a drainage PAGE 3 120