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01/12/1981 Council Minutes
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01/12/1981 Council Minutes
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City Council
Council Document Type
Council Minutes
Meeting Date
01/12/1981
Council Meeting Type
Regular
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January 12, 1981 <br />Mr. Kulaszewicz presented his concerns over the number of ponding areas that are <br />being required by Rice Creek Watershed Board to be constructed within this City. <br />Mr. Jaworski moved to approve the Special Use Permit subject to detailed land- <br />scaping plan; the plat to include adult recreations areas; screening form ad- <br />joining residences to soften the sight line. Seconded by Mrs. Elsenpeter. <br />Mrs. Elsenpeter amend the motion to include "that any landscaping be approved by <br />the Council, Recreation areas to be approved by Council; that each quad'exterior <br />is to vary for the pthers; there be a restrictive covenant be included in an As- <br />sociation to be formed to cover maintenance and b.u1Idi.n.g standards for the future; <br />this restrictive covenant to include lighting, outside storage, landscaping and any <br />other items in this category to be dealt with in the future and the establishment <br />of the Association to be approved by City Council. There is to be presented to <br />the Council a phasing program established by the developer so that the Council is <br />aware of how buildings will go in and what landscaping will be done as the phasing <br />occurs. Mr. Jaworski seconded the amendment. <br />Mr. Schumacher asked if there would be a performance bond required and Mrs. Etsenpeter <br />added this requirement to her amendment to insure the conditions imposed on this Specia4 <br />Use Permit would be adhered to. Mr. Jaworski accepted this additional amendment. <br />Mayor Gourley recapped the findings as presented at this hearing; 1) Professional <br />testimony from the Attorney that the land was platted and approved 1970/73; the <br />Council is considering the Special Use Permit at the direction of the Court; this <br />Council reviewed all Special Use Permits in the summer of 1980 - some were con - <br />tinued, some were cancelled; this land was approved for townhouse construction in <br />1972; this Special Use Permit was reaffirmed in July, 1980; this Council has approved <br />the preliminary plat for quads for these outlots; on the _Resolution passed re- <br />affirming the Special Use Permit #27, the Council vote was unanimous; per the City <br />Planner, Special Use Permits may be issued in any District; traffic concerns were <br />answered in that there would be little, if any, impact_on Birch Srreet; the land use <br />is inconsistent with the Comprehensive Plan, but the project is consistent with the <br />policies and goals of the Plan; Park needs are satisfied with the 22 acre land dona- <br />tion to the City which was for the entire area of Country Lakes; sewer is available <br />and capacity is adequate; this area should be landscaped to be consistent with the <br />neighborhood; the density is 230 persons for quads and 207 for single family homes; <br />the building coverage of the land per acre is approximately the same; the height of <br />the building meets the R -1 requirements; with certain restrictions and limitations' <br />a quad project could be developed without significantly disrupting the Comprehensive <br />Plan; the Engineer had testified that both the sewer and water systems are adequate <br />for the project daily use, noting that the water system is not adequate for fire flow <br />at the present time and the development of the project would have no real bearing on <br />this problem and that streets can be constructed in this area. <br />Mayor Gourley amended the motion and the amendment to include approval of Rice Creek <br />Watershed District on the drainage and that the Lake Shore access not be developed <br />in any manner. Mrs. Elsenpeter accepted this amendment to her motion. Mr. Jaworski <br />accepted the amendment to his second. On the vote Mayor Gourley, Mr. Jaworski, and <br />Mrs. Elsenpeter voted in favor of the motion; Mr. Kulaszewicz and Mr. McLean voted <br />against the motion. Motion carried. <br />Mayor Gourley opened the hearing on the rezoning for Wollans Estates at 11:46 P.M. <br />There was no one in the audience who came to speak for this request. Mr. McLean <br />
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