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

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225 COUNCIL MEETING all the information before they act. This will require a lot of patience on both sides and reserve judgement until all the facts are in. Mayor Bisel further explained that the Council is not working for the good of only one party. They have a responsibility to the people and to the person who wishes to do something with his land. This process is being fulfilled in this process. He noted that the residents have asked for and have received reports from various agencies. If the report states it meets their requirements, it is not the fault of the City Council. We hire the staff who are working for the interest of the City not the developer. The Council agrees that this is land that has much natural beauty. Mayor Bisel explained how hhep felt nhhis privacy has been lost too. However, the only way to happening was to purchase the land himself. This was not feasible. I hear you residents and the entire Council hears you. Council Member Reinert said hopefully the citizens are helping the Council to make their decisions. He asked Mr. Adamson if the list of cul -de -sacs presented this evening was a list of cul-de- sacs some waylbenever extended. Fir. Kern reiterated said the language knew in that some may the City Code. Mayor Bisel asked Mr. Burke to explain what part covenants play in development. Mr. Burke said that covenants are less common that in previous years. It is a way for neighbors to keep things the way they want them to be. He explained that it is not the City's role to bring suit to enforce private covenants. It is illegal for this City to use tax dollars for this purpose. Mr. Burke explained that there were covenants on some p opertyohenion owned and he brought a suit so that a judge could give a or interpretation of the covenants. Mr. Burke explained that in the case of the Otter Lake Property Owners Assn. covenants, the landowners affected by the covenants would have to bring suit if the Association feels the covenants are being violated. He also noted that sometimes covenants are not enforceable. The end result is that covenants are not made with the City but with people who buy or sell land. Mr. Kern said that the Association is not asking the City to fight their legal battles. He said the Association is saying that they have legal covenants and want the City to tell the developer it is up to him to prove that they are not legal. Mr. Burke said that there are two legal issues. One is who should start legal action and the second is who will bear the legal expenses. If you have been damaged, you can be compensated. The general rule is that everyone pays their own attorney fees. However, if the suit is ridiculous, the judge can award damages. JANUARY 28, 1991 PAGE 9