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10-05-82 CCM
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10-05-82 CCM
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-2- <br />requested, I don't believe the County is required to hold back, only done <br />as a courtesy. Valid answer would require reviewing the contract; <br />City could be beneficiary of some clause in that contract, or there's <br />absence in some clause of the contract, allowing City to withhold something. <br />--Fraser could see progress being made in reducing material into salable <br />size; and Mottaz and Novak recommended time limit be placed on this effort <br />or otherwise it be treated as trash and gotten rid of. <br />M/S/ Mottaz/Novak to allow 30 days to reduce concrete to an aggregate <br />size useable with classified gravel, and if this is not done in 30 days <br />then we follow our original request to the Hammes. <br />--Fraser - 30 days not enough time. <br />Motion amended to 60 days. Motion as amended carried 5-0. <br />B. House/Building Moving - Whittaker explained that Home 1 is to <br />go on lot they're platting (planning in progress but not finished as yet). <br />Home 2 is supposed to be moved off property. Garage was to have been <br />placed on permanent foundation on their property by end of September. <br />If $5,000 bond called in, City could move Home 2 off property but City <br />would have to pay for storage and sell it, which would probably cost more <br />than the bond. <br />--Bill Hammes said effort now being made to get garage on foundation <br />before the construction season ends. Also checking on lots for Home 2 <br />outside of village, definitely want to get that one on, too, before <br />season ends. Have good possibilities on it. <br />--Marshal, Attorney, regarding who pays storage - if building inspector <br />say's it can be certified as hazardous building per State statutes, <br />cost of removal could be assessed back to property and be payable with <br />real estate taxes. If not, simply treated as a nuisance which requires <br />district court determination of assessed value; therefore reasonably good <br />likelihood you can recoup costs on that basis. <br />--Mottaz - if there's another extension and nothing materializes, then <br />we're in limbo again for another 6 months. <br />--Morgan - my feeling is that they've made progress on one home, and to <br />give them more time to see what they can do...90 or 60 days; if no <br />progress, Council will have to take action at that time. <br />--Whittaker in response to Novak's question - Ray and I will outlineti <br />procedure as to what happens if this is not completed. <br />--Eder - would like you, Bill, to give Whittaker progress report once a <br />week; and if you don't do that the motion is void. Or, if Whittaker not <br />there, write a note reporting status. (Whittaker - or talk with Jim, <br />building inspector as to status, and he'll report to Whittaker.) <br />M/S/P Mottaz/Morgan to allow Mr. Hammes a 60-day extension to have <br />Home 2 moved and garage placed on permanent foundation. Carried 5-0. <br />7. DEAN JOHNSTON, REAPPLICATION FOR VARIANCES TO BUILD ON LOT 5, <br />J. L. COHN SUBDIVISION - <br />(REF: Variances as set forth in Jim McNamara, Building Official's, <br />memo of 9/30/82 to Mayor and City Council re "Dean Johnston-Shoreland <br />Permit"; and TKDA recommendations as set forth in Larry Bohrer's letter <br />of 9/15/82 to Mayor &..City- Council re "Dean Johnston Site Plan.'Review .. <br />Commission No. 7113-82.") <br />--Bohrer reviewed changes in variances. Dean Johnston is reapplying for <br />2-bedroom home with disposal, decreasing size of drainfield signifi- <br />cantly; now 3 variances needed: lot size, house setback, and septic <br />tank setback. <br />--Eder questioned variations of perc rates, 4 to 20 minutes. <br />--Bohrer - code allows the owner to use the average of the 3 percolation <br />rates; the design would be based on the 6-15 minute range. As a safety <br />
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