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,! <br /> <br />River Acres ~at deals with the addition or subtraction of fill. He asked that this be checked out to <br />make sure this~is not in violation of that. <br /> <br />Mr. Jankowslii replied that convenants are civil agreements between property owners - not the <br />City. <br /> <br />Attorney Randall agreed that enforcing convenants is a civil matter. <br /> <br />Mayor Hardin ~nquired if Mr. Jankowski had reviewed the capacity of the pipe. <br /> <br />Mr. JankowskiI replied yes and it is adequate. The pond has adequate capacity also. <br /> <br />Motion by Couneilmember Peterson and seconded by Councilmember Zimmerman to close the <br />public hearing., <br /> <br />Motion carried~ Voting Yes: Mayor Hardin, Councilmembers Peterson, Zimmerman, Beahen and <br />Beyer. Voting'-No: None. <br /> <br />The public hearing adjourned at 7:33 <br /> <br />Council Bus[ness <br /> 7 <br /> <br />Mayor Hardin Called the regular portion of the City Council meeting back to order at 7:33 p.m. <br /> <br />Mayor Hardin asked if Mr. Jankowski felt this warrants further investigation. <br /> <br />Mr. Jankowski :replied, as far as drainage, no. The fill is adequate. With regard to water in the <br />intersection, that intersection is not in the best shape. There is about two to three feet of f'dl from <br />the water to the ~asement area but the water will flow out of there. <br /> <br />Councilmember Beyer repeated that the road is in poor shape and asked if this could constitute road <br />reconstruction? !Could taking away the easement call for more road construction? She stated if this <br />is the case, there may be some assessments that will be due. <br /> <br />Mr. Jankowski Stated that if we do nothing, we will have the same cost. <br /> z <br /> <br />Councilmember~Beyer suggested the road could deteriorate faster. <br /> <br />Mr. Jankowski disagreed. <br /> <br />Motion by Councilmember Peterson and seconded by Councilmember Beahen to adopt Resolution <br />~t96-11-330 dee!aring terms of compliance with conditions releasing a temporary drainage <br />easement on Lot 1, Block 5, Rum Acre Estates, contingent upon the lot owner entering into <br />vacation easement. <br /> <br />Motion carried. Voting Yes: Mayor Hardin, Councilmembers Peterson, Beahen and Zimmerman. <br />Voting No: Councilmember Beyer. <br /> <br />Case #3: Request for Final Plat Approval of Muller Addition; Case of Robert <br /> Muller <br /> <br />Zoning Administrator Frolik stated that Robert Muller is requesting final plat approval of a minor <br />subdivision to b~ named Muller Addition. The subject property is located in the northwest <br />quadrant of the ir~tersection of 167th Avenue and T.H. #47. The subdivision is a replat of Lots 2 <br /> <br />City Council/November 26, 1996 <br /> Page 7 of 17 <br /> <br /> <br />