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-36- <br /> <br />City Engineer Jankowski replied no, noting that staff did have a topo~aphical map. He <br />explained that the berm is 380 feet long, 80 to 90 feet in width and 10 to 14 feet above the <br />surrounding fiat ground. <br /> <br />Councilmember Kurak stated that she did visit the site and the berm is very steep. <br /> <br />Councilmember Hendriksen inquired if the Council has the ability to waive the 12 percent slope <br />requirement. <br /> <br />City Attorney Goodrich replied no. <br /> <br />Mr. Van Norman noted that N:o~h Fork has many berms in excess of 12 percent. <br /> <br />Mayor Gamec stated that:the Hom~.wners Association stated that they will deal with the issue so <br />why is the Council e~discussing~e case. <br /> <br />Gary Jacobs, 8981 182na;L.ane~i ~&~ stated that the $1~ing Co~ission reco~ended <br />that the No~hfork Association:'~ddress fh~ issue, but once that was done the Pla~ng <br />Co~ission chose to deny <br /> <br />Councilmember Zi~e~ inquired'aS to when d~g~ng was completed. <br /> <br />City Engineer Ja~ows~ replied September2000. <br /> :~ ~ :'~' <br /> <br />Councilmember Kurak stated that it was her und~tan~igg {~}~ 6 portion of the be= was placed <br />on prope~ that the Van No~an's and JacobS:Is do. no~ 0Wn. <br /> <br />~. Van No,an replied that was co~ect explai~ng that ~he land':~wned by No~h Fork Inc. <br />~d was held for a be~. ~at issue is a pdvate issue that is being de~':~ith. <br /> <br />Councilmember Kurak questioned how the Ci~ hand!es'~?.i'~es where people bypass an <br />ordinance and do what they want. For them to do noting in ~s situation would be ve~ <br />d~gerous. <br /> <br />City Attorney Goodr/ch stated that the applicants need to be advised as to what needs to change <br />and if they are not willing to comply then the City would have to take them to court and get an <br />injunction. <br /> <br />City Engineer Jankowski stated that he did visit the site and it would appear that if they were <br />allowed to utilize the outlot site they could reduce the size of the berm. There is also a swale on <br />Mr. Van Norman's property that could be filled. He felt that between those two areas it appeared <br />that they could come up with a solution to resolve the issue and meet the code requirements. <br /> <br />City Council/November 27, 2001 <br /> Page 14 of 22 <br /> <br /> <br />