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1 <br />1 <br />1 <br />COUNCIL MEETING JANUARY 14, 1991 <br />seconded the motion. Mr. Schneider explained that if the project <br />is put on hold, the cost of preparing the plans and specification <br />will come from the Area Charge Fund. On a roll call vote, motion <br />carried unanimously. <br />Resolution No. 07 - 91 can be found at the end of these minutes. <br />CONSIDERATION AND APPROVAL OF THE OUTLOT F PRELIMINARY PLAT <br />Mr. Tesch explained that the public hearing for this preliminary <br />plat was held on December 10, 1990. Mr. Schumacher was asked to <br />research to determine what structures are currently on Outlot F <br />and to bring this information to the Council at this meeting. <br />This information is available this evening. <br />The Protective Covenants for Outlot F were also addressed at the <br />December 10, 1990 Council meeting. It was suggested that Article <br />1., Land Use be amended to include, "or any other structure that <br />impedes water run off ". <br />Council Member Reinert asked if the prospective purchasers will <br />be fully aware that the City can remove anything that disrupts <br />water flow. Mayor Bisel asked if the City would have legal <br />authority to remove obstacles. Mr. Hawkins said the City will <br />have the legal authority because the City is retaining a easement <br />over the entire Outlot. He also said that each buyer would <br />receive a copy of the Protective Covenants and should be well <br />informed. <br />Cheryl Bussen, 6719 Partridge Place said she felt the wording <br />proposed for the Protective Covenants sounded good. She asked if <br />the homeowners will be notified before the bulldozer does <br />anything with the property. Mr. Hawkins said that there is a <br />problem, the City will notify the offending property owner. If <br />the problem is not corrected by the property owner, the City may <br />have to get a court order to enter the property and correct the <br />problem. <br />Ms. Bussen asked if she could be allowed to see the plans for the <br />swale behind her house before it is constructed. Mr. Schneider <br />said he would meet with the residents prior to the construction. <br />He noted that the swale behind her property should be about one <br />(1) foot deep. <br />Payment for the individual parcels was discussed. It was noted <br />that the cost cannot be assessed to their property taxes. It is <br />a purchase of property and the buyer will be expected to pay for <br />the parcel. <br />Council Member Kuether moved to accept the preliminary plat of <br />PAGE 13 <br />