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HomeMy WebLinkAboutCity Council Minutes 06-10-1968NUMBS OF VILLItZ COiNCILL MWIMG PLYItDMI ]IiM MM -A June 100 1968 A regular meting of the Village Council was called to order by Mayor Al Hilda, Jr. at 7:50 p.m. VVur Hilde requested the Council and those in attendance ta.rise for a jim m uta of silent payer for the Kennedy family and aur antire nation, Having in mind the owmts of the part week. Present: Myor Hilda, Councilman Hagen Hunt and O'Fallon. Absent= Councilman &mhhrey Ovacation. PIMUC HURINIJt3 Mayor Hilda opened a public hearing to consider the application of Ck'arge Cobey for an Lf f Sale Intoxicating Liquor License at 3435 County Road 18. Councihan Hagen suggwsted that the Council fora a committee to come ug with a study of the criteria of granting Off -Sale, I-atosicating Liquor iiceneess Councilman Hunt suggested that the Administrator, a Councilman,% a meW*r of the Planning Commission, the Attorney, and two citiuens at large make up this 3omaittees Mayor Hilda requested Coun:tlwu; Hagen to serve as the Council member on this committee. Couua:ilman Hagen accepted the appointsent, and the Mayor stated be would request nominees for the committee the meeting of rxmo 17, 1968. The Mayor opaned the public hearing and requested comments from the audience. Mayor Hilda declared the public hearing closed at 8:00 p.m. We Cobey appeared and requested the ocamittes and the Council give it as quick a decision an possible so as not to unduly belay him. MOTION by Councilman Hagen, se,;ond by Councilman O'Fallon, to post- pone the consideration of this liceuuae until the meeting of Jinx 8, 1968. Notion passed by a four aye %vies Mayor Hilda opened a public hearing oto oe.nsider the improvement of Forestview Lane from Ridgemount Avenue to County Road 15s The NAgineer was requested to bri,fly rovtew the project. The estimated cost is =12,000. The Council has Frelriously discussed the assess•& ment of $1 s 00 per front foot on gals project end 100 Ier cent of the project is equivalent to 424'90 per front foot. -'his construction would be equivalent to a good residential street, which would be a five (5) ton road. Ala YO M IUCH ammoSAL IX=V& ICAT:NG L qum LICENSE Russell Falotad, 330 a Forestview Lane North, appeared and stated that he believes that the Council should take action regarding thin project at an assessment rate of 41.00 or less. Mrs W. F. Duenow, 18 8 Forsatview Lane , Duenow hadappeared. I r. rpt. questioned the equity of assessing Ups residents along the w;uw}r even AX much as $1.00 a front foot. Mr. Duenow oheoked w3 tit both Air. Fredrickson, the construct'.on engineer, and Mrs Wald, the asses,a- ment engineer. He believes there was only a temporary surface placed on Of.# street. Mr. Duenow tLr+,her stated it should have been dtierupted by the sewer and resurfaced as part of th+o sewer construction. r n Ccunoil Minutes - June 10, 1968 - Page 2 PUBLIC RCARINGS, cont'd. Mr. Fredrickson said the surfaeine was %L ftold from the street and wasn't finally surfaced because of :he impoLding SwAtaury Bawer coming n in a short period of time. Councilman Hunt requested that %Le Administrator est the original specification sheet from K. M. Clark Eigiruering on the preliminary report basis. Mr. Daae A. Schmidt, 120 8 Forestview Lane appeatred. He stated. that the residents along Forestview didn't want this road to bisgin with and i -t was forced upon them on a nine ton basis. In 1962, this $3.00 assessment was supposed to buy a nine ton road, a five tc,n roadl and a church wan to pay for a vino ton road. Wre Schmidt Islieves they paid for a nine toe road A.hey didn't get. It never stoa3 up from tha beginning. Mr. Schmidt believed i.:ay should not have to pair aqy- thing further as far as assessment is conoirared. Mayor Hilda deolared the public hearing closed at 8:35 p.m. NOTION by Councilman Hagan, second by Councilman Hint, to adopt RBST RMOLUTIM LUTIm N0. W121. A RESOLUTION 01MING THE IMfROWMP'IR OF VIEW LANE. Notion passed by a four ap, vote. INN XWORONEMM Of KUMIM u,dPBTITION3, ABQtH;ST3 A C011 WICATItNS Mr. Wefald regarding request for payment of engineering fees for RE: PAYNW 0 Zachary Lane Improvement Ptirojects, Mr. Wef'ald stated his letter of PEES FAR MCHARY June 31 supported his contention ragarc'.irg the darAWMe to Mr. W46 INFROVP,MlW Kindsetb's property. Mr. Kindeath said the letter of June 3 was PAWBCT complete and covered the problemp but stated that the water still owes down on his property in greater amounts than had been deposited before the projeat. He further skated this was a changed drainage RE: DAMAMBTO situation. He thought the study of the change in drainage should KIXDSWR PRO - have been mads before the road was constructed. Mr. Kindseth stated P,MY it this water oont.tnuev, it will force hien to put u ditch through the area to channel the water. Mr„ Kindseth is requesting that the m.Ater be %aken to another urea or handles` another• way rather than through the diddle of his property . Mir. Kindeath r stad a solo:ion to the problem in suggesti that a barrier be placed around the eastern edge of Zachary gaga cr chaiurel the drainkbre to the north on both the east and wast side of Zachary and drained down to the creek. s Another alternative to solving air. Kine asth' a problem is a driveway access be Riven on the ride end of his property in which the Village would provide the access on the south edge and remove the driveway on the northern edge. The provision of the 4ccess road on the southern part of his pot operty could act as a drainage ditch along this access road and drain the area to the east. The other alternative is to dam the water on the western side and drain it to the north. The Engineer suggested consideration of a drainage swail to handle the present drainage area and provide drainagethrough the property. MOTION by Councilman Huatp second by Councilman Haben, to grant Mr. Kinidseth permis*ion tomove the northern access to the south edge of his property. Notion passed by four aye vote. ux. Co ocil Mantes - Jwas 109 1968 - Page 3 r PllPIT1MSs BRIJ TSj_& COiwitbiICATI fa, cont'de NIMCU V Cou scslean Hunt, second by Councilman Hag%a, that the village Hnginser bring to the Canncil sating mint week, to give an estimate of the cost of diverting the drainage to the north under We lindsetbla driveway, and consider other alternatives at tins shun tiro. Notion passed by a four as vote. N UMN by Councilmm Butt second byr Cour: van Olftllon, that the invcioes of We Wefald for Zachary ime be paid. Notion passed by a four airs rote. Clifford !'rase r appeared roMsting an apiwoval of preliminary plat IMAMMW for 8leanlooh Acres located in the area of 8th and Pinevlew. Mr. PM"* PLS O Y,gan stated that the Planning Commission agreed with the dmloper CROAMLOCS ACm,. j that the area to the Wast would include . portion of the gest area Mould include a portion of the west area for packs as a credit sgsiasi this preseuplat. We Praser ste"d that he would give 3.2 awes now and ultimately 6.6 acres to the Village for park pug poses 41.n the total 66 acres his intends to develop* We Spa stated that the community unit development plan for Residential areas can be applitd to this uroiqua piece of land because of the wooded amA and the ountoure of the land. He feels it is not condusive to the Oreawi-Strip Process but in this partacular rase the Planning Comeaaw @ion does no! see fit, in aaywwv la waive the minimum lot sise roquirements (lets: number of two (2) lots per acre). Be further stwtod he did not believe we were setting a precedence with $Lis perti- oular action. TRe Village Attorney stated the community Wt station of .As Zoning OKLuance is designed to conserve the natural terrain, thin is the express purpore of oreating this portion of Us Ordi4anoe. NICTICIN by Counoilaw - qWal second by NVor Hildol to ode t RHSOLLU ON 110. TION N0. 68-1.22, A RLSOI UTION APPROVING ;PRMKINARi 4,AT OF 0IlSAN1- W1 _ L R ACME, amelderin,g the seven re,cowmendatioas of the Planning MM PLAT, Commission on their meeting of May 291 1968. Councilaan Mallon OLWLGM AC1R stated there is a pmreaedent being not as from the ox•igiwA inter- pretation of this portion of the Ordinance which is the Pour Seasons M e"triped approach. Notion carried by two eye vote. Councilw Runt voted nay, and Councilman Of Fallon abstained. NL19P appeared requesting the rezoning of apparoximalely 39 acres at RE' 1N.I.P. lid Highwi4 55 and 26th Amus North from Residential Open to Industrial QUMTINO MMMa for the proposed Xwoingvear facility. We Bruce Carlson appeared ING OF 39 ACNi'fS representing M.P. The proposed Xansiagwear building oonsists of a MON R4 TO I l 200,000 square foot warehouse area, t proposed 8010 Q square fool kmV.::ig and finishing area, and a proposed 60,1300 foot offioe, and an 11,200 square root cafeteria area lvcatwd in the eastern edge of the property in such a manner as to minimise the obtrusiveness to the reoidential area to the east. NNr. Carlson stated they had made a number of vommitmenta to the abutting property owners. 1. 'Where would be no traffic oiroulation on the oastern aide of the property between the easte.»n property line and the building looation. D Y r i I A Council Minutes - J`Mq 109 1968 - PW 4 PfirmtlSSs„APUM, d COMoltp UTIO 9 cont'd. ' ip. Additional: buffer now was requested ly the Prouty owere and the pvoposal is: to plant trees to rein:=* the present halLwy wools and add an additional raw' of Amer' can Arverrltaso of ten (10) feet in ce.:.ter across the entire eastern edge of the building. 3. The Flaming Commission requested an untlet to the west to xeuinm I&n and the luuuinpear people intend to provide this outlet to Xenim Lana on the North edps of tie prl)parv, 4. As site plea as ddted 5/29/68, site plan approved by the Planning CoGnission, sip" by pd Usz• be the final conditions The closest x,',41oe lbetweer, t?w oreek herd the building Would be 120 feet. And taw American Arbaarvitae, between si;c (6) and twelve (12) feet aigh, one (1) planted. We Aronetsd, representing *mingvear, stated the stales that Wore locatedon the site were put by a awnwor, hal his understooading is they were placed 120 feet west from the most westerly meander point of the creek. We Baroustad further stated they wore providing an easement for the Sanitary Bever along the eastern edge of their pro- r1" party Mrs Carloon stated the intention was to prooride a possible four PUNING acres of buffer sone wA enough lane` for ,a Sr-Atwiy Sever ease" COwass tp1 RIiQ man* for the northwest interceptor of our Sanitary Sew r System, COMATIM so that the trees along the creek could be aavurde We Ed man appeared at the requebt of lk or SRNs to inform %he Council of the Planning Commission's recomandiition. We baa stated the Commission passed or approved the roromny with a seven w o e ti7) to three (3) vat . The Planning Commission felt the" s u b'• a buffer sane and the sore stwould be *Ahamed in accordance with the proposed nits plane The Planning Commission was in agreement 4ith the aver -all site plan with the following provinionat 1. Therm is to be no access to and from the property seat of the building, whi ah is provided in the p,reseut proposal. 2. An -eeess point, for the future, to Xenium Inane on the north edge of the property is to be provided. i. A sanitary sewer easement be granted along the east•, ern azd%i oNP the property to a 1 no trees would be damma P4L during the construction of the northwestern tru k CWI sewer interceptor. O i Comma# : 1Kantes - ftw 101 108 -- Page 5 I; PIR i contodo 4 last side of the bnildim is to be located a minim= Of 120 foot flcoss the oentraliseds 3lossst point of the creek meander line. lir. Ngsn further pointed 00 that $ Vithin the Zoning Ordinaroe, a planosd district is allowed within 50 feet of a resi- dential district with a plarnwd buffering sone and the Planning CO"anion was satisfied with the heavy plantings on the 120 foot buffer soar. Wo Saft Torrisoa Maered on behalf of the Creskwooa Bei to Comerned Citiseas. No stated he wax here primarily as a resi- dential homeowwr in Creekwood Heights. lir. Tarrison ;ressa ted a petition regnseting the Villa4p to dozy the proposed soning unless the following oamUtions to the zoning ars made: I. TM SanilWaT Sewer bar to go in a locatiow other then throw the creek bed. 2. An adiqua+a sstbenk wmt to placed, and they shoult be U accordance with IM Makes presently located in tla field. These present *Wass should be f*om 160 to 170# not 120 feet. 3. Requested that the plaoeain: oaf trees atontr, thk% east boundary ba accosaplished with uat less thou, twe'.ve (12) trees ' 100 fMet, &A arch trees be not lose -0= seven fest tall, and ba eithor Y*pruce or pine. 46 'That the soning of this property be conditioned wvh the same covenants as the property within Role?. 5. That the east side of the building be of the name con- struction as the south and rant sides of the building. The sena type facing on tho mouth ad west sides of the building is to be used *a the east and north side). lice Art Carlson of M.I.F. staved that it vC:tId be poor planning to relaoate Xenivai Lane cr County Highway #61 to the i3ftt of the pr4ow sant proposed loo-PAon of Munsingwear. lir. Splinter stab%d that tb* present por•.gosal is in the very preliminary stages. NOTION by Councilman Hagenp second by Counoilmaro Hunt, to adopt MMINANC6 ft 4Xs9, AN iXt OARM AMMDIN4 TIS' ZONING ORDINANCE to resono apparo=imately 39 acres north and west of Highway 55 and 26th Arnue North from R-0 to I-1 Industrial in accordance with the following conditions. Councilman Ragan withdrew the motion, and Councilman Bunt withdrew t%o second booauots Councilman Hagen moved to adopt an ORDINtNCE N0. 68-9, AN CMDINANCN TO AMD THR Z%INa ORDINANCE 20 REZOtT APPROXIMTELY 39 .A= NtItTH AZ NIST OF :` ORWAY 55 AD 26th AMUR Yui hM lw l TC I -l. NoUm pwsad 1W u four aye vote. f 14 f` ! VOM4; f dam Comall lunates - Jtlne l@, 1968 -Pap 6 1 t11S, contId. 110913 bW Coanoilmsu Bogs, maid by Counol Umn jwpt to adopt 50= 10 110. 64-1239 4 »SC =09 A=011310 IS a= pUjj W FACILITY AS AHROM BY TU PLAINM zdl i. That the liarthaest InteroE"aar sewer line be placed In the opes fiend ave an easement provided bw XnAdw New* Pz.AB FM VW 2s Tfiat the eemt bmildiM It= be net closer thaw 140 fret to than mast westerly portion of the east swa- party lies. 3'. That the plan paresentwd and signed by 31 Eon on Na=oh R9l 19649 be adopted with the stipulation that a ri*vm of 120 trees be strategioW y planted in t!e buffer area. 4• The east aide of the building be finished in ih. , sew maurw as the corresponding western or southern side of the building. 5. The ftilding Inspector in io submit the final plat plan and building persit to the Council for ito re•• view. Motion passed by a four aye vote. We John Iowmaaj Gift House Stamp CompoW appeared requesting the RB: APPlROUL N approval of the registered land survey at County Road #18 and ;3th LAlit SiRYlft Avenue forth. MIX br Councilman }cunt, second by Councilman HWnj to adopt MCI 1-06 R OM li0. 68- 2BSOL!'I 1 d, A, RJ1S0L47I1X AFPR011iSt3 Rl9RIS'!'BitBD LARD SURVEY. Resolution passed by a four aye vote. L= StRll Mr. Bill Cliffor<! appeared far the PPlymouth Gham'yr of Gras concerning the parilcipation of the Villy * ngia eer in the ire-HE: TIO HBs PARTICIF& IP, stallation of imptonmentil;n privw.,0 m4odivisiots. :-ar. Clifford Op TIL stated that the Council hu:. been eaut a semarandurn by the Cha*er 011= Ill 11W or of Commesoe statingtho.r concern rs garding this Particular ordi- anaaoe. Its Clifford apologised for the untime .ymes of an artiole that +appeared in the Star and fir;"rani. We Cliffordford stated fte Chamber s totaloblem was in regardgard t • the Check 461 Wang* System in couiaroling subdivision engineering. The Chwber behoves this was the concern of the Council, but the Chir believes that a portion of the ordinance which requires a developer, or a subdivider, to -hire the Villar IngLaa p%,* in the publio improvements, should be removed from the ordinance. The Chamber stror recomminda this portion of the ordiwoos be rssr#adsd. i c fO COWN41 111mste0 — JUA IN ""o-1 - Pop T P Z'!'IC. Cgflt 3, coot*d. We Cliffaard ftrthe r stated ibex Uts ordiume removes the o Asis of abaft at b clow Us* Onviov aly axisted betwow the MAP Magiaaer sad the Developer's Utariwr. Mr. 01ft1lon stated that be feels that be *smn0t tand VAW the Village SHAM r ormrot work as a review apsisst private onsi rserei bowevm'„ on the 0AW hand$ be can see points ftrariaag 110 p4m" j arrangements IM parposo of tht ordi ssim to to ss*%re to quality of tis development and tlrs ""Is of the eomstrwtioa bsoaom the Village has to enentu M4 tain tlam ova a4 sa"tain them. We Clifford stated that Us sada arpwgt bon is that Vo sulAivisor oboold be able to hire his om pe0mloaal saginser. 1lsyar olds thsakad the Chamber for expressing powers over the problems of the Villop in an oargaoised owe s mr. lig comb requested, to mom a public spoioa for to refereooes to their fire in the article. Mr. NeCoeb stated We Knuteon rem quested on three jcoaszions that my of his commente not be era corded in the nswspaper artioleb those requests was not hoawed. Thi Villap Council moved to not a data to review this problem with the Chanber Cw+mittee and the Folkskip Comail with dr. Olson and Ma`. 8onestroo on either the 2W or the 24th of July* Nr. Vila Nislke appeared requesting tine rezoning from residential to commensal, Block 4, Dleburst Oate%ay 2nd Addition at 1910 Nest Medialso Lake Drive, (,*A Planning Ccevieston recommends denial of rslm rsqusst). After disaussion, Councilman Olftllon suggested chat Mr. 1lielke and the mark Commissions which has w*mssed an interest in the propertys sit down and try to work out a solution. Mr. Richard Winkler and Mrs Wally Prelmm appeared reques#ing rezoning of a tract of lanai, on the north side of highway #55e west of the DeVao property* The Flaming Cosnission reoom- wended denial of the raqueot as they felt the highest and test use of the land was Industrial or possibly Cemiercial, depending on t`% &sips of County Rosd #73 and Highwyy #55 proposed ,inter-. cheap. NOTICH by CowailmaA Hunt, second by Councilaaa dens that the req:ust be dotted. notion passed by a fav sys vote. MOM by Councilman Hoenig second by CounoilwA OfFallca, -to. grant Kra Pfd Nordling a setback waiver of 301 on his front yard, Trot 139 Block 21 Me*40cho Addition. Motion passed by a fo)w are vote. 1 II V s : % L*. M,,4JC,!W RES Be Ll 3VMCX w Ir1 t s : % L*. M,,4JC,!W RES Be Ll 3VMCX w Ir1 n Mme bw-- am# 000"A %10 t N00 l'i/ra! to Mlopt lOO t" 20e lidwMfo L NNUMCM =pIIQ1'tM M M MMU W UM 16 M 3/40 I= M WW" rtUAU OW ad $0 daft fw bdd oprulw at 14`100 &see I Jdl si 19"0 Anises pored % a tares we VOU MCI -1w Coraatl"M Wit„ Lao" fpr` Corr"llow Batt xgmQ TE ZMAU010 CO Mme! N" CM 131A AM= AM M PUWAn CRMOM aCt tx " M W ° Ireil= VIM mint POW 14 lALti Q bw a few swc vote* cr Mid !M c"A"lra , sewd le Cooaoi" Wit fu t f to oltbartse IRS Ia cr Ci to reewl, 11apto CM4 to roma tads" I 0MIO 9N= rlrr,i' araooawaats. Ution POONA IW a rovir or vote. L s MIMI bw C4641bw" smut "Corn t7 Co "ibm .Host$ to', ft" Us AN" C Robert. TMQdit as poUeo palroiwA fer a sus aaatb proba~ Rte! FADMM tioeary, pori m , at X5614 •rw moth* Lil t ' ? parad IW a four Sip vote AMLIt'!i'3 Vl(X bp voumiils4o ftt, sacoz d by Cowa*11844 Raprre l ap WMS# IRS MkMlw rewwal of "Sot -up Lioaara" tmbwqp fte WouA rix. Nation Lim 1. parsed by a tbuse ayr vote. MIA t"1 Cou lbm ft", eoond <by 4WANDAM R mt, alwoving umal of 3.2 fou4stosio Ung OeowWe Curs #vW# rr +lam tbrou* ton. Nodosa plead by a loon syr vote. g1I(M bW CowMilsan )lrWa t a000rad b$ Caumilfta Rmti appeovUC Wel of 3.2 Noa•I=.toxirau" 0"44ile Lion w"borr ow tarou& ton. NoUm pr"ud by a love apn vote. A WM reflar Cowil "Mating ad jowmed *at M56 pose 5 ' A Attl bl 1 1 ire/ O llW