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HomeMy WebLinkAbout09/12/1979 Council Minutes13 September 10, 1979 The. Clerk presented the following times for Council consideration: ..Application from Northwestern Bell for installation of buried cable on Cedar Street. Mr. Gotwald and checked and approved. Mr. Zelinka moved to approve this request. Seconded by Mr. MCLean. Motion declared passed. ..A second request from Northwestern Bell for buried cable on 4th Avenue. Mr. Kulaszewicz moved to approve. Seconded by Mr. Zelinka. Motion declared passed. ..The Statement of Assurance for the Federal Revenue Sharing will be con- sidered at the budget hearing scheduled for SEptember 11, 1979. ..The lights in Shenandoah were discussed and the Clerk was instructed to contact Mr. Gotwald on this matter. ..Mr. Zelinka requested permission for Mrs. Billik to move a small storage shed to her new home. Council had already granted this request. Chief Myhre reported that he and checked with Mr. Kelly and the Police Reserve unit he and proposed would be covered by Wrokers Comp. It would cost the City $6.50 per 100 man hours per month. The City is also covered if another person is injured. Chief Myhre wxplained this would be a sex man. Police Reserve to ride with the officers. Uniforms would cost $120.00/$150.00 per man. The matter of physicals and physioligical exams has not been finalized as yet. Mr. McLean moved to approve this plan as presented. SEconded by Mr. Kulaszewicz. Motion declared passed. Chief Myhre asked the status of Jeffrey Kirschbaum and the general consensus of the Council was that he was no longer considered an employee of this City. The Clerk was instructed to write to Feed Rite and ask their plans for development on a parcel of land that has been rezoned to Light Industrial. Mr. Schneider so moved. Seconded by Mr. Zelinka. Motion declared passed. 1 Mr. Locher presented an update report on the Don Holzmer home and the manner of portions of the construction not meeting State Building Code. There is not the required number of courses of block in the basement thus making the ceiling too low. Mr. Locher said the house should either be jacked up and this situation corrected or a variance should be filed with the abstract. This would be to pro tect a prospective buyer. Mr. Zelinka moved to approve checks #9952 through and including #9992. Seconded by Mr. Kulaszewicz. Motion declared passed. Mr. MCLean moved to adjourn at 10:55 P.M. Seconded by Mr. Kulaszewicz. Aye. These minutes were considered and approved at the regular scheduled Council meeting held on September 24, 1979. Edna L. Sarner, Clerk- Treasurer September 12, 1979 The public hearing on the request by El Rehbein and Son for a rezone from R -1 to R -5 on lutlots H and parts of outlots J and K, Lakes Addition II, was called to order at 8:00 P.M., September 12, 1979 by Mayor Karth. All Council members were present, Robert Schneider, John McLean, Richard September 12, 1979 Kulaszewicz and Richard Zlinkka. Also present were Ben Benson, Chairman of the homeowners group Dave Cody, a resident and Attorney, and Mr. John- son and Mr. Reinert of the Planning and Zoning Commission, but not appear- 'ing in that capacity. Mayor Karth reviewed the circumstances leading up to the request for a continuance of the public hearing by Mr. Talle, Attorney for the developer. This had been communicated to Mr. Locher, City Attorney, who had in turn communicated this to the City Clerk the morning of September 11. This had been discussed by the Council at the budget meeting the previous evening, and October 3 was the proposed date for the continuance, at which time the developer was proposing to present an alternative plan. There was some question as to whether the developer was proposing to communicate with the residents, or whether he had already done so. 11 Mr. Zelinka moved to continue the public hearing to October 3 at 8:00 P.M. on the basis that there had been a request for a continuation by the builder to contact the people living in the East Shadow Lake Drive area and also on the basis of that request having been given at least officially to the City Attorney and City Clerk. Mr. Schn cider felt that the request should have been made formally by the representative of the developer at the public hearing, rather than by word of mouth. Mr. Zelinka felt that if this was an attempt by the developer to engage in dialogue with the resi- dents, then the. Counicl could give them that opportunity. Mr. Cody noted that the developer had had seven months to prepare a proposal and the resi- dents had been given only four hours notice that the public hearing had been cancelled; he felt that in view of the proceedings of the past month and a half and the activity of the past day and a half, that their proposal Ishould not be given any credence. He requested the record show that the builder, by not appearing at this meeting and by not making a formal re- quest for a continuance, be defaulted and barred from bringing a further action before the Council for a period of one year. Mr. Zelinka restated his ;motion, to effect that it was based on the developer' stated intent to initiate some dialogue with the residents, which was his information to date. Mr. Schneider disagreed, in that it was'his under- standing that the developer was not intending to do so. Mr. Kulaszewicz also felt this was the case. Mr. Benson felt the public hearing should not be continued, since the matter had been before the Council several times and should be acted on, as there was no new proposal to be considered. He indicated the residents would start legal action on these proposals unless there was an answer on it. He also felt that any motion made should be by a Council member who had been at the last meeting; Mr. Zelinka objectel, and Mayor Karth indicated that the matter was in the Council's hands and was their decision to make. Mr. Reinert asked if the hearing had been legally published according to the law, and if so, how could it be cancelled or continued if it had been legally posted. Mayor Karth indicated the public hearing had been opened, which was the legal obligation and the Council had the option of continuing it as requested or not. A resident present in the audience asked whether it wasn't necessary for the developer to be present at the hearing to ask for a continuance. Mr. Cody indicated that when he had spoken to Mr. Talle on the phone earlier, Mr. Talle had Isaid he had been told by Mr. Locher or the Village Clerk that the matter had been continued and it wouldn't be necessary for him to appear. Mr. Johnson noted that the Council had already had two meetings for dialogue on this matter, and that at both meetings the developer had nothing to say; also that the public hearing had been set three weeks ago, and people had come form out of state to attend it; therefore , there was no need for 9 September 12, 1979 further dialogue. He felt that the Council, as elected officials, and having gone through due process, should make a decision rather than post- poning it. Mr. Kulaszewicz answered Mr. Johnson to the effect that the Council was present and attempting a decision, and he should put it in perspective in that the Council wanted to make a decision on the contin- uance but coulldn't until theu knew what it was for. There was further discussion of whether the developer had contacted the residents, and if so, whom. Mr. Cody said that ten days ago, Mr. Lcoher had called and asked hom what had been decided by the residents, which he had answered, that this might have been the contact referred to. Mr. Zelinka restated his motion. There was no second to the motion. Mayor Karth noted that the developer had been led to believe by the City Attorney that the hearing would be continued; Mr. Cody commented that Mr. Talle had been under the impression that it had been continued when he spoke to him, However, Mr. Schneider felt that the developer was fully aware of what the problem was, and that they were supposed to appear. Mr. Kulaszewicz felt the Council was faced with a request for a continuance with either no reason, or some confusion as to the reason why. Mr. McLean felt that if the idea of the alternative was a valid attempt to come to some area of agreement, then it was understandable and was what the Council had been working for; however, at this point, that was still an assumption. A resident from the audience indicated that Mr. Balckbird, at a previous meeting with the residents, had said that any less than 36 quardriminium units would not be possible. He felt this didn't leave much room for compromise. Mr. McLean suggested that Mr. Locher be called for clarification on this, and Mr. Kulasxewicz felt that if there were a ligical reason for the continuance then he would second Mr. Zelinka's motion, although there should have been a representative present to request it, and explain the reasons for if. Mr. Zelinka explained that Mr. Schneider had told him prior to the meeting that the developer was not going to be present; His intent was to ask for a motion, get a second, and vote a no continuation. Mr. McLean moved to recess at 8:20 P.M. so Myor Karth could telephone Mr. Locher for clarification on what the situation was in regard to the developer's appearing at the hearing. Mr. Kulaszewicz seconded the motion. All were in favor. Motion declared passed. The public hearing was resumed at 8:50 P.M. Mayor Karth had been unable to reach Mr. Locher, but had spoken to Mr. Talle, and reviewed his con- versation with him. Mr. Talle had contacted Mr. Locher right after the last special use meeting and had asked him to contact the residents as to what alternatives they would consider. Mr. Locher had contacted Mr. Cody, but hadn't gotten back to Mr. Talle until yesterday morning (Sept. 11) with Mr. Cody's remarks, which meant the developer did not have enough time to propose an alternative plat. Their immediate response had been to call Mr. Locher for an extension so something other that quads could be porposed, necasie they felt they had no chance of getting that. Mr. Talle had asked Mr. Locher to contactthe City and get an extension to the hearing, and was told by Mr. Locher that the hearing would be con- tinued, although there was no time or date set. A resident from the audience asked if Mr. Locher had the authority to make that judgment, and another resident asked if he was the correct intermediary between the developer and the Council. He felt the developer should be con- tacting the homeowner's Association. Mayor Karth indicated that the Attorney was someone at the City level other than himself who could be September 12, 1979 13 contacted; whether rightly or wrongly, that is what had been done. Mr. Zelinka commented that simply as a statement of past precedent, the Council has normally considered communication to the Attorney as contacting the IIICity so long as the Clerk was contacted. although he felt the Attorney had been remiss in this situation. A resident from the audience asked if the City Attorney charged for the contact and the Council indicated this was the case, although Mr. Schneider felt that the answer should have come from the Council rather than the Attorney. IMr. Zelinka noted that on the premise that the Attorney was speaking for the developer, the Council could then move to deny the R -5 rezoning application, and the developer could then come back on any corbination other than that. Mr. McLean said that any combination could be considered, or it could be two zonings with part of it left as R -1 and the balance any- thing else. Mayor Karth asked if R -5 was strictly a density matter, no matter what kind of structure it was; Mr. McLean indicated that R -5 was a townhouse classification originally, and quads had become another extension of that. Mayor Karth indicated that Mr. Talle had said that if Mr. Locher had hinted at all that there was any problem with extending the hearing, he would have been present; also a consideration had been that'they were not contacted until yesterday morning. Mr. Schneider stated that the purpose of the meeting was a rezoning for quads, and the only other alternative was single family dwellings. Mayor Karth noted that the Council had requested an alternative plan, and that Mr. Talle had indicated they were no longer con- sidering quads in their proposal, which was why they contacted Mr. Cody through Mr. Locher. Mr. Schneider felt the burden was on the developer to come in with an alternative plan, and Mayor Karth indicated they had been looking for input. Mr. Zelinka pointed out that they had been told there was no change, and that only single family would be considered. A resident present in the audience felt that if the developer was dealing in good faith, they would have come to the homeowner's association to see if they would compromise, since the onus was on them; also the developer had no position to delay action by the City Council, and should have been pre - sent at the meeting. Mayor Karth indicated that they had contacted Mr. Cody, and the answer -had been no compromise; however, they had not known that until yesterday morning. Mr. Zelinka, on the basis of the information the Council had, moved to deny the application for rezoning to R -5. Mr. Kulaszewicz seconded the motion. All were in favor. Motion declared passed. Mr. Zelinka moved to adjourn at 9:00 P.M. unless there was any more bus - iness before the Council. Mr. McLean seconded the motion. All were in favor. Motion declared passed. Those minutes were considered and approved at the regular scheduled Council meeting held on September 24, 1979. Edna L. Sarner, Clerk- Treasurer