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42 <br />December 10, 1979 <br />the permit addressed the matter of soils and septic systems and not <br />ground water run-off. Mayor Karth felt this was handled in the statement <br />'this plat conformed with the guidelines of the district.' <br />There was general discussion on the drainage and ponding - the size of <br />the lots - the planned density for the area (Mr. Short's letter indicates <br />this conforms to the existing Comprehensive Land Use Plan) - the ponding <br />area is designed for the 100 year storm the need for each individual lot <br />to have a perc test and soil borings before a permit is issued - a cmoplete <br />road design and drainage plan must be submitted before final approval. <br />Mr. McLean moved this hearing be continued with consideration of this <br />plat tabled with Mr. Gotwald to look at the ground water of the area and <br />advise the Council on what a complete study would entail to be available for <br />Council consideration in 30 days. Seconded by MR. Schneider. Motion declar- <br />ed passed. <br />The rezoning hearing for Land and Oaks was called to order at 9 :35 P.M. Mr. <br />Locher read the notice of legal publication and noted there is a notarized <br />mailing list. There was discussion of the status of Elmcrest (24th Avenue) <br />and the fact this street will not carry industrial traffic, Mr. McLean <br />asked Mr. Tschida if he would participate in the upgrading of that street <br />and Mr. Tschida said they would be interested but it would have to have more <br />owners of the land involved to include the City of Hug. <br />There was discussion on the requirement of a plat design being presented <br />before rezoning and the inclusion of Genreal Business lots along Co. Rd. #14. <br />Mr. Gourley said the Planning and Zoning had felt that rezoning could be <br />done without the plat desing. The developer must return for a special use <br />permit before a building permit may be obtained in a commercial area with- <br />out sewers. All building plans and site plans msut be approved before any <br />developing can be done. <br />Mr. Tschida was asked the plans for the area and he said they are looking <br />for owners - they sell lots - they sometime construct building and lease, <br />He aslo has the land across 24th Avenue in Hugo for sale and they are not <br />asking for anyone to participate in the upgrading of 24th. <br />The matter of a portion being rezoned to general business and a portion to <br />light Industrial was questioned and Mr. Tschida said it was done in order to <br />attract different types of businesses. There was discussion of moving the <br />area designated as general business from the East side of the area to the <br />West byt Mr. Locher said the area designated as general business could not <br />be considered for light industrial at this hearing - it is permissable to <br />zone down but not up. <br />Mr. McLean moved to deny this rezoning. Mr. Tschida objected in that he <br />felt that he must wait a year before reapplying - Mr. McLean said, not if <br />he returned with a different layout. Mr. Zelinka suggested the eintre <br />North portion be rezoned to Genreal Business with a rezoning application for <br />the East half at a later date. <br />Mr. McLean's motion died for lack of a second. Mr, Zelinka moved to rezone <br />the North 468.6 feet of the W4 of the SE4 of the NE4 of Section 24 to <br />General Business and the W4 of the SEA of the NE% except the North 468.6 <br />feet thereof to Light Industrial. Seconded by Mr. McLean. Motion declared <br />passed. <br />