Laserfiche WebLink
1 221 <br />COUNCIL MEETING JANUARY 28, 1991 <br />but is concerned about the covenants. He felt that the developer <br />should have the burden of proving that the covenants are not <br />being violated. Mr. Kern read several permit conditions from the <br />DNR and other agencies which indicate that the developer and the <br />Home Owners Assn. must settle differences regarding the <br />covenants. .. <br />Mr. Kern asked if the initial grading in the project be monitored <br />for significant artifacts that might be found. He said he could <br />assure the Council that there was significant historical finding <br />within twenty (20) feet of the proposed grading. He read the <br />permit from the Historical Society. <br />Mr. Kern noted that the proposed cul -de -sac is over five (5) <br />times the length allowed by the City Code. He also noted that <br />driveway routes have not been shown on the preliminary plats. He <br />asked if the driveways will affect historical sites. <br />Mr. Boxrud's memorandum of 9/26/90 addresses the problem of <br />designing a large culvert for the channel if the ten (10) foot <br />clearance over the water was required. Mr. Kern read Mr. <br />Boxrud's comments and suggested that an off ramp might be needed <br />to service the Marlin Hansen home. <br />Mr. Kern asked if the developer will accept responsibility for <br />road repairs for the existing Otter Lake Drive or will this be <br />the homeowners responsibility? In addition, electric service, <br />telephone and cable TV service have not been addressed. Mr. Kern <br />asked if these utilities will be placed underneath the channel. <br />He noted that the City Code requires that all utilities be placed <br />underground. <br />Mr. Kern asked if the road site will make Mr. Hansen's home in <br />violation of the City Code. Will that house meet street setback <br />requirements? <br />Mr. Kern noted that Mr. Smith the owner of the property to the <br />north of the proposed plat has a number of environmental <br />concerns. He also noted that the proposed street will be located <br />only eighteen (18) inches from the Smith property line. Will <br />this infringe on his property during construction of the street? <br />Mr. Kern expressed concern for emergency vehicles and asked if <br />the police, fire and ambulance services responded to this <br />proposed development. He asked if all agencies have responded to <br />the EAW? Has all concerns been addressed in writing to these <br />agencies? <br />Mr. Kern asked if it was proper for the City staff to go to the <br />RCWD and ask them to change their permit requirements to benefit <br />a developer? <br />PAGE 5 <br />1 <br />1 <br />r <br />