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1 <br />1 <br />1 <br />COUNCIL WORK SESSION APRIL 21, 1993 <br />Mr. Hawkins will write a letter to Don Lund, SEH requesting <br />payment of the $10,000.00. <br />Outlot A & B Homeowner's Association <br />Mr. Hawkins has prepared a letter dated April 12, 1993 which <br />contains a brief legal analysis of the City position regarding <br />the use of the above mentioned outlots. Mr. Schumacher read the <br />letter. A copy of the letter has been sent to all Council <br />members. <br />Mr. Schumacher has prepared a draft letter in response to Mr. <br />Hawkins letter. The draft letter was read. Mayor Reinert asked <br />if the City should require the outlots to be restored to their <br />original condition. Mr. Hawkins said that a letter should be <br />sent asking the Homeowner's Association to comply with City <br />ordinances within a specific time period. Mr. Schumacher <br />explained that normally when there is a violation a "red tag" is <br />placed on the property and the property owner is given one (1) <br />week to 10 days to remove the violation. Mr. Hawkins said that <br />the Homeowner's Association should apply for proper permits or <br />make corrections within a stated period of time. <br />Mr. Hawkins was asked if the Homeowner's Association could use <br />the outlots and boat ramp during the period given to remove the <br />violation. He explained that this would be a violation of City <br />Code and the City could get a temporary court injunction. <br />Mayor Reinert noted that road weight restrictions were violated <br />when the concrete planks were delivered to the property. <br />There was discussion regarding what the time period should be for <br />removing the violation. Council Member Bergeson noted that this <br />is different because more than one (1) individual owns the <br />property and a Homeowner's Association meeting must be held to <br />decide whether or not to get permits. Mayor Reinert noted that <br />since the Homeowner's Association constructed the boat launch <br />without proper permits from the City, they should be required to <br />restore the property to the original condition before permits are <br />granted. Mr. Hawkins explained that if a court injunction is <br />granted, the court will probably require the removal of the boat, <br />ramp until a final decision is made on the matter. <br />Council Member Neal asked if the Homeowner's Association could be <br />required to post a bond. Mr. Hawkins said not in this case. <br />There was additional discussion regarding possible court action. <br />Council Member Bergeson felt that the City was not to this point <br />but only dealing with an ordinance violation. <br />PAGE 2 <br />