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1 <br />1 <br />1 <br />COUNCIL MEETING OCTOBER 14, 1991 <br />Mayor Bisel opened the public hearing at 7:52 P.M. Mr. Corson was present to <br />represent Hokanson Development. Mr. Leroy Houle of 1221 Birch Street was present <br />to discuss the rezone. He stated that he had (four) 4 acres and was concerned about <br />a letter he received stating that he may be required to sell 30 feet of his property for <br />future access. Mayor Bisel stated that the city is attempting not to block Mr. Houle <br />in, but at the same time he would not be forced into developing his property. Mr. <br />Bohjanen moved to close the public hearing, seconded by Council Member Kuether. <br />Council Member Neal moved to approve the rezone with a second by Council Member <br />Bohjanen. <br />VOTING ON THE MOTION: <br />Bisel © Bohjanen <br />Neal © Reinert <br />Abstained: Kuether <br />Motion passed. <br />ATTORNEY'S REPORT <br />Kuether ® ., <br />Mr. Hawkins updated the Council orally on the final plat of Oak Brook Peninsula. He <br />stated that the city may at this point be out of the picture. He stated that the <br />developers of this property have met all the criteria, and that the two sides may be <br />close to a settlement. <br />CONSIDERATION AND APPROVAL OF FINAL PLA T, OAK BROOK PENINSULA <br />Mr. Boxrud informed the council that the developer's of this parcel have received all <br />their permits and conformance to the conditions of approval will be demonstrated in <br />the final construction plans. Mr. Boxrud recommended that the council approve the <br />final plat contingent upon the the following: <br />A. Receipt & approval of the additional soil tests. <br />B. Approval of the construction plans and specifications. <br />C. Addition of any easements determined to be necessary by the City Engineer. <br />D. Approval of the Homeowner's Association documents by the City Attorney. <br />E. Execution of the Development Contract including the appropriate financial <br />guarantees. <br />Council Member Reinert questioned Mr. Hawkins as to how we could take any action <br />on this plat as it was still being litigated. Mr. Hawkins responded that the present <br />litigation does not enjoin us from taking any action, there were no legal barriers to <br />PAGE 5 <br />134 <br />