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MINUTES <br />City Council <br />March ~, 1981 <br />P1r. Don Pearce commented to the Council that they picked a poor night <br />to hold this public hearing as it is Ash Wednesday and many people <br />could not attend the meeting. <br />Mr. Fred Kippers, Jr. appeared before the Council. Mr. K9ppers is an <br />attorney representing the North Suburban Company, the owner of the <br />Schrier property. Mr. Schrier is one of the owners of this company. <br />Mr. Kippers stated that the North Suburban Company has owned the <br />property since 1978. <br />Mr. Kippers stated that in the 1977-1978 law suit the court ruled that <br />because of the water situation the City should not issue a building <br />permit, but that the court agreed that the plaintiff, Mr. Schrier, has <br />the right to assume that he could proceed with the construction once <br />the water system was completed. Due to this court action, the property <br />was purchased b,y the North Suburban Company. The present R-3 zoning <br />has been in place since 7968. <br />Mr. Kippers stated that the property is proper1y and legally zoned for <br />apartments. <br />Mr. Kippers also commented on the meetings held with Mr. Schrier regarding <br />the senior citizen housing development. <br />Mr. Kippers stated that apartments are a 7egitimate style of housing <br />and the Schrier property may not be the worst location for an apartment <br />building. Kippers commented that County Road C is a well trave1ed <br />street. There ~s undeve1oped land to the east and the land on the west <br />is zoned for single family housing. Kippers felt the property was fairly <br />well su5ted for apartments. <br />Mr. Kippers also pointed out that North Suburban Company has not requested <br />that their R-1 property be upzoned to R-2. This was a proposal by the City <br />Council. Mr. Kippers felt the R-7 property was a buffer to the west. <br />Mr. Kippers asked that the position of the North Suburban Company be <br />considered by the C~ty Council. <br />Counci1man Fahey stated that the pla9ntiffs named in the 1977-1978 lawsuit <br />Hiere Mr. and Mrs. John E, Boss. Fahey informed Mr. Kippers that it was <br />~he intention of the City as early as May of 7978 to try to rezone this <br />property to something other than R-3. Fahey requested that he be able <br />to see the contracts between the Boss~ and the North Suburban Company <br />to determine if at the time of purchase of the property there was any <br />indication of the possible rezon~ng. <br />Mr. Kippers informed Mr. Fahey that Mr. Schrier was also a party to the <br />1977-197II lawsuit. <br />Mayor Hanson asked Mr. Schrier if the North Suburban Company might still <br />entertain the idea of senior citizen housing. <br />Mr. Schrier commented that June or Ju1y of 1980 was the last contact he <br />had with the City on this proposal. The only question is that the purchase <br />price was based on the zoning of the property, <br />Page -2- <br />