01/28/1991 Council Minutes (2) - Laserfiche WebLink

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1 1 1 COUNCIL MEETING JANUARY 28, 1991 sheet indicating that the like taxes to be generated in the subdivision would be equivalent to the taxes generated by sixty (60) average homes in this City. Mr. Boxrud noted that there are five (5) items to be resolved. They are: 1) The variance requested for the cul -de -sac which would create a 2,700 foot dead end; 2) The environmental concerns previously raised during the Environmental Work Sheet process. (From an engineering standpoint, it would appear that these concerns have been addressed); 3) Suitable access to the plat through the Marlin Hansen property; 4) The desirability of the City owning and maintaining a culvert versus a bridge; 5) Whether future taxes to be paid will cover the cost of maintenance of the roadway and culvert. Mayor Bisel outlined the procedure for this public hearing. He opened the public hearing at 7:32 P.M. Frank Kern, 2019 Otter Lake Drive, president of the Otter Lake Property Owners Assn. summarized the concerns of the local residents. First Mr. Kern asked who requested the variance for the cul -de -sac. Mr. Miller explained that the DRB discovered that the variance was needed and the developer prepared the required application and paid the fee. Mr. Kern asked if there has been six (6) findings of fact for approval of the variance? Mr. Kern read the six findings of fact that are required to grant a variance and commented on each of these proposed findings of fact. Mr. Kern felt that the plight of the landowner was created by the developer. Mr. Kern expressed concern regarding proper soil and percolation tests. He explained where the tests had been taken and noted that the tests were taken during a drought period and some were taken in areas that will be vastly altered by grading. It was explained to Mr. Kern, that additional tests will be required at each house location. Mr. Kern suggested that maybe after the knolls are graded, the area will not pass a percolation test. He suggested that a firm such as Twin City Testing be hired to test the soil at future set back grade. Mr. Kern noted that septic systems have to be located three (3) feet above the water table and cannot be located in peat soils. He asked that tests be conducted before the area is destroyed by a bulldozer and before the area is devastated. Mr. Kern noted a problem with the protective covenants in his subdivision. He noted that some areas of the covenants are being violated and asked why the Property Owners Assn. must have the burden of proof placed on them. He explained that he was told that the Home Owners Assn. must prove that the covenants are legal documents. Mr. Kern noted that the DNR has issued permits PAGE 4 220