01/12/1984CITY OF GRAND TERRACE
COUNCIL MINUTES
REGULAR MEETING - JANUARY 12, 1984
A regular meeting of the City Council of the City of Grand Terrace was called to
order at the Terrace View Elementary School, 22731 Grand Terrace Road, Grand
Terrace, California, on January 12, 1984, at 5:55 p.m.
PRESENT: Hugh J. Grant, Mayor
Jim Rigley, Mayor Pro Tempore
Tony Petta, Councilman
Roy W. Nix, Councilman (Arrived 6:25 p.m.)
Barbara Pfennighausen, Councilwoman
Seth Armstead, City Manager
Ivan Hopkins, City Attorney
Joe Kicak, City Engineer
Myrna Erway, City Clerk
ABSENT: None
The meeting was opened with invocation by Councilman Petta, followed by the Pledge
of Allegiance, led by Councilwoman Pfennighausen.
MINUTES - (12-14-84)
CC-84-07 Motion by Councilwoman Pfennighausen, Second by Mayor Grant, ALL AYES
by all present to approve the Minutes of December 14, 1984 as
presented.
CONSENT CALENDAR
Item 3C - Resolution to control utility rates - was removed for
discussion.
CC-84-08 Motion by Councilman Petta, Second by Councilman Rigley, ALL AYES by
all present to approve the following Consent Calendar Items:
A. Approval of Special Check Register No. 122983;
B. Approval of Check Register No. 011284; and
D. Approve Budget Transfer of $28.41 from Line Item No. 10-4120-249 to
18-4908-255 for street sweeping signs.
RESOLUTION URGING CONTROL OF UTILITY RATES
Sue Noreen, Area Manager, So. California Edison Company, requested
deferring action on this resolution to allow time for her to prepare
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and present a briefing explaining the complexities of the utility rate
process from her company's point of view. Council recommended
including the other utility companies in the briefing; Ms. Noreen will
invite the other companies to participate.
CC-84-09 Motion by Councilwoman Pfennighausen, Second by Mayor Grant, ALL AYES
by all present to defer this matter for one month from this date to
allow contacts to be made and a presentation to be prepared.
PUBLIC PARTICIPATION
John Mathews, 11733 Eton Drive, requested and received permission to
take photographs during the meeting.
PLANNING COMMISSION
The December 5, 1983 Minutes were provided to Council.
The Planning Director advised the 1984 Planning Commissioners
Institute will be held in San Diego February 29 - March 2; the
Planning Commission has requested that Staff use funds from their
budget to attend; indicated he would be willing to share the cost if
funds are insufficient; will present a proposal to Council.
CRIME PREVENTION COMMITTEE
Police Service Proposal - Administrative Assistant Coyle advised Mr.
Haro d Tarkin submitted a proposal for police services in August which
he reviewed and submitted to the Crime Prevention Committee for
review; Susan Crawford of that Committee did an in-depth stucy and
concluded the proposal would not be feasible; recommended rejecting
the proposal and notifying Mr. Larkin.
Mayor Grant stated the analysis prepared by Susan Crawford was very
professional and indicated she is very knowledgeable on this matter;
supports improvement of law enforcement services and cost
effectiveness and encourages proposals for all services; feels this
proposal does not meet the criteria and would be inferior to the
services presently received from the San Bernardino County Sheriff's
Department; indicated satisfaction with present services.
CC-84-10 Motion by Mayor Grant, Second by Councilwoman Pfennighausen, ALL AYES
by all present to reject Mr. Larkin's proposal for police services and
to direct Staff to write a letter to Mr. Larkin thanking him for his
interest in the City.
EMERGENCY OPERATIONS COMMITTEE
The Administrative Assistant advised the Committee submitted an
informational report to Council indicating a desire to attend seminars
sponsored by the State Office of Emergency Services, which are
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tuition -free; the cost to the City would be travel, meals and lodging,
if required; the Committee's budget balance is $139.
Councilwoman Pfennighausen indicated this Committee desires to gain
information which would benefit the City in emergencies; recommended
encouraging the members to attend the seminars.
CITY ENGINEER REPORT
Street Sweeping Dedication - City Engineer Kicak advised a declaration
o e ication and a hold harmless agreement to be signed by the
Westmorelands to allow the City to sweep their street was prepared and
submitted to the Westmorelands, as directed; has been advised by Mrs.
Westmoreland they do not wish to dedicate; the City Manager has stated
sweeping of that street has been terminated.
Storm Drain Master Plan - Information will be distributed for review
prior to presentation of this matter on January 26.
Azure Hills Parkin Lot/Fire Station Access - The bids received at the
bid opening for project held January -TO were approximately
$10,000 over the estimated cost, with the major increase being for
items requested by the church; Mr. Bader will present this matter to
his board; the City's cost for this project will remain approximately
$28,000, with the Church's share increasing to approximately $53,000.
PARKS & RECREATION COMMITTEE
Chairman Rollins reported the following; (1) the Committee discussed
the General Plan Update at the last meeting; (2) the fence separating
the park from Mr. Zampese's orange grove has been torn down again;
there previously was a pass -through to allow the young people to go
through to the park and to school, then the City agreed to close that
opening; recommended re-establishing a pass -through rather than
continuously having the fence torn down.
CITY COUNCIL REPORTS
Councilwoman Pfenni hausen questioned if any stipulation has been made
to place blue dots in the new housing developments. Mr. Kicak advised
the new tracts presently being constructed were filed prior to the
inception of the blue dot program.
Councilman Petta recommended, with Council concurring, that the City
Engineer Fe - erected to investigate utilizing City right-of-way to
widen the intersection at the Barton Road/Palm Triangle for safety
purposes and submit a recommendation to Council.
Mayor Grant advised he attended the SANBAG and Omnitrans Meetings
January 4.7
Councilman Nix arrived at 6:25 p.m.
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CITY/CHAMBER OF COMMERCE COMMUNICATION SUBCOMMITTEE
CC-84-11 Motion by Mayor Grant, Second by Councilman Nix, ALL AYES, to appoint
Councilwoman Pfennighausen and Councilman Rigley to serve on a
committee with the Chamber of Commerce to discuss a joint venture.
CITY FLAG
The Community Services Director advised a Staff Report was presented
summarizing previous Council action, listing the price breakdown for
alternatives on one-sided vs two-sided flags, the quantities to be
ordered to realize a price reduction, and the Council decisions
requested.
Mr. Konkler, the manufacturer, stated when the light shines through on
a two-sided flag, the imprint on one side shows through on the other
side; a silk-screen process is used; indicated the material to be used
is the same as that used for the San Bernardino City Flags, and has
been informed they last much longer than the State flags.
CC-84-12 Motion by Councilman Nix, Second by Councilman Rigley, to: (1) Approve
a two-sided City Flag with wrong -wady reading; (2) Approve the purchase
of a total of 25 flags, the minimum number in order to receive a price
reduction from $375 to $319 per flag, with two flags to be indoor
flags with blue fringe on three sides, for an additional $46.54 each;
and (3) Approve the transfer of $8,552.16 from the 6/30/84 Balance
Forward to Line Item 10-4190-220, leaving a Balance Forward of
$559,882.84.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CA,
RESCINDING ORDINANCE NO. 73 & AMENDING THE REGULATIONS FOR
COMPREHENSIVE LITTER CONTROL & MAINTENANCE OF PUBLIC & PRIVATE
PROPERTY. (First Reading)
City Attorney Hopkins read the title of the Ordinance. The City
Manager stated the vehicle code provides that vehicles must be
covered, and the City's Ordinance No. 73 does not require that
vehicles be covered; as a result, a local citizen received a citation
for hauling rubbish that was not covered. The City Attorney stated
Staff has recommended that Council waive the citation; since the
individual was cited under State statute, the City cannot waive a
State statute.
Councilman Nix questioned who issued the citation and why the City's
ordinance is not being enforced; the decision was purposely made not
to have maximum coverage; does not favor changing the ordinance; feels
direction should be given to enforce the City's ordinance.
Mayor Grant stated he assumes this was done because the officer
recognizes the Vehicle Code takes precedence over the City's Ordinance
and State law prevails. The City Attorned advised Council cannot
waive what the Legislature has passed; this is the law on the State
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highways; you can make it more restrictive within the City, but you
cannot make it less restrictive than State law.
Mayor Grant opened the meeting to public participation.
Supporting Testimony
Ernie Zampese, 11963 Honey Hill Drive, stated he received a citation
because his load was tied down but was not covered; requested that a
decision be made on the requirements so that everyone will know
exactly what to do when hauling loads.
Bob Yeates, 12888 Fremontia, stated signs have been posted at all
entrances to the City for 6-8 months that all vehicles hauling refuse
must be covered; indicated litter has been reduced by 80% in Georgia
by requiring covered loads; favors changing the ordinance to require
covered loads. The meeting was closed to public participation, there
being no further testimony on this matter.
Councilman Petta stated Mr. Zampese was present at the meeting when
Council developed Ordinance No. 73 and made the determination not to
required covered loads; since he obeyed the City's Ordinance,
requested the City Attorney find a method to intercede; Council
requested that the City Attorney write a letter in behalf of Mr.
Zampese similar to one previously written in behalf of Mr. Rollins.
Motion by Councilwoman Pfennighausen, Second by Councilman Petta, to
approve first reading of the ordinance, by title only, and to set
public hearing and second reading of the ordinance rescinding
Ordinance No. 73 and amending the rules and regulations for
comprehensive litter control and maintenance of public and private
property relative to the requirement to cover and secure loose
materials being transported.
Councilman Petta voiced concurrence with Councilman Nix's reference to
the position Council previously took on this matter, but supports
amending the ordinance, based on the City Attorney's advice.
Councilman Nix stated the portion of the vehicle code provided applies
to rubbish vehicles only ; does not see where any data has been
provided showing any ambiguities.
Councilwoman Pfennighausen stated the City's ordinance should not be
in violation of State law; also does not want to place the law
enforcement officers in a guesswork position relative to what to
enforce and according to whom; withdrew the Motion, with Councilman
Petta concurring, since the data is not available which Councilman Nix
feels is necessary; requested that the Vehicle Code data be provided
prior to taking further action on this matter.
Recess was called at 7:20 p.m. and reconvened at 7:42 p.m. with all
memos present.
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APPEAL - PLANNING COMMISSION DETERMINATION OF USE IN C-2/CPD ZONE
Planning Director Kicak stated Council was provided with a Staff
Report for this meeting and was also provided a letter from the
appellant, Mr. Zampese, a Planning Commission Staff Report dated
December 5, 1983, a letter dated November 4, 1983 from John Blick,
Sto-A-Way, Inc., and the December 5, 1983 Planning Commission Minutes.
Stated a request was received to allow construction of mini -warehouses
in an area zoned C-2/CPD; since the zoning code doesn't specifically
address this issue, conducted a survey of a number of cities, and
based on that survey, recommended that mini -warehouses not be
permitted in this zone. The Planning Commission determined that such
a use would be permitted. Mr. Zampese has filed an appeal on this
matter, requesting that the determination made by the Planning
Commission be overturned. Recommended that Council render a
determination following the public hearing.
Mayor Grant stated Council received material from Sto-A-Way. Opened
Public Hearing on the matter.
Supporting Testimony to Grant Appeal
Ernie Zampese, 11963 Honey Hill Drive, stated his letter dated
December 9, 1983 states his reasons for opposing, feeling it would be
detrimental to allow mini -warehouses in that area, would lower the
other property values in that area, and is not an allowable use for
that area as zoned.
Opposing Testimony to Grant Appeal
Jerry Mathews, 21971 DeBerry, one of the owners of U-Stor, voiced
support of mini -warehouses in that area, stating they will not
substantially increase traffic flow, and will bring bring more
commercial business into the area; feels the growth potential is good
for that type of business.
Dennis Cardoza, representing the property owners, felt this would be
an asset to the City since the subject property is a key visibility
site, would improve the looks of the property, would improve the tax
base, and would draw more commercial development; the property owners
have insufficient capital to develop the property as they would like
to have it developed, so Sto-A-Way has been brought in as a partner;
this firm is willing to construct mini -warehouses, which will provide
revenue to complete development, and is willing to remove them at the
end of a five-year period or sooner. Councilwoman Pfennighausen
questioned if the developers would be extending Commercial Drive to
DeBerry and installing the improvements on their property frontage.
Mr. Cardoza stated if the Planning Commission Determination remains,
he will still have to submit a conditional use permit and a site plan
before the property can be developed; feels the Planning Commission
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will require the street to be constructed on the frontage of the
mini -warehouses and to be continued when the remainder of the site is
developed.
Councilman Rigley questioned if the subject property consists of three
separate parcels; Mr. Cardoza stated a lot line adjustment will be
required; the warehouses will use two of the three lots; the street
would cut the third lot into two sections.
Rebuttal Testimony
Ernie Zampese questioned why the developers don't start the commercial
development now rather than constructing the mini -warehouses, then
tearing them down in five years and starting all over again; felt
there are many questions, including the zoning; felt allowing this
will not be beneficial.
Dennis Cardoza stated the mini -warehouses would create the cash flow
needed to construct the required improvements, and would then be
removed to continue the commercial development; stated all nine acres
cannot be developed at this time.
Mayor Grant closed Public Hearing.
Councilman Petta declared a potential conflict of interest on this
matter, since he is considering a similar development on his property,
and withdrew from discussion and voting on this matter. City Manager
Armstead also declared a potential conflict of interest and withdrew
from discussion on this matter.
Councilman Nix voiced concurrence with the intent of the appeal in
terms of protecting the City's best future interests and promoting the
most desirable type of development; however, supports the Planning
Commission determination, based on the data and rationale presented by
the developer and due to the amount of land dedicated in that area.
Councilwoman Pfennighausen voiced support of the Planning Commission
determination, feeling it will monetarily benefit the City in an
interim period; felt the proposed development is attractive and could
attract other commercial developers.
City Attorney Hopkins advised the Planning Commission has made the
determination that the zoning code allows mini -warehouses with a
conditional use permit in a C-2/CPD Zone; Council at this time is to
hear testimony relative to the appeal and determine whether or not it
concurs with the Planning Commission Determination; advised Council
should not discuss the merits of the proposed development.
Councilman Rigley stated Council's intent is to attract commercial
development into that area; feels the mini -warehouses will not
generate much revenue; although the City Attorney has clarified the
issue, all discussion held thus far is whether or not to allow
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mini -warehouses; wants to ask questions to determine whether or not
the Planning Commission made a good decision.
The City Attorney stated whether or not a conditional use permit will
be granted must still be considered by the Planning Commission;
cautioned that discussion at this time could affect judgment and
impartiality in the event this matter were to be appealed to Council
at a later date.
Councilman Rigley questioned the acreage to be used for the
mini -warehouses - was advised 2.75 acres will be used; questioned if a
conditional use permit can be granted legally with a specific
condition that the warehouses are to be removed in five years or
sooner, and if it can be enforced legally. Attorney Hopkins advised a
conditional use permit can be for a time certain and can expire in a
specified period of time. Councilman Rigley indicated support of the
appeal, concurring with economic development but concerned this
proposed development could conflict with what he visualizes for
planned development.
Motion by Councilman Nix, Second by Councilwoman Pfennighausen, to
deny the appeal of the Planning Commission Determination of Use in
C-2/CPD Zone. Councilman Nix stated he feels the Planning Commission
Determination is appropriate, due to the amount of property in the
C-2/CPD designation, the need for economic development in the City,
and since approval of granting a conditional use permit is required in
each case. The Motion failed, with AYES by Councilman Nix and
Councilwoman Pfennighausen, NOES by Mayor Grant and Councilman Rigley,
and Councilman Petta abstaining.
Motion by Councilman Nix, Second by Mayor Grant to approve the appeal
failed 1-3, with Mayor Grant voting AYE and Councilman Petta
abstaining.
Attorney Hopkins advised the Appeal fails, since the appellant did not
receive a favorable vote; therefore, the interpretation of the
Planning Commission Determination stands within the C-2/CPD Zone;
mini -warehouses are allowed, subject to a conditional use permit.
APPEAL - PLANNING COMMISSION DETERMINATION ON SA 83-7 - WILDEN PUMP
Planning Director Kicak advised the Planning Commission conducted a
site and architectural review of Wilden Pump's proposed addition to a
warehouse on the south side of Van Buren, Westerly of Michigan on
December 5, 1983; Staff recommended certain conditions of approval in
a Staff Report; this report and the minutes of that meeting have been
provided to Council; as a result of public testimony, the Planning
Commission added additional conditions, as shown in Motion No. PCM
83-69, to construct a block wall and to plant Italian Cypress Trees.
Wilden Pump & Engineering Company has appealed the Planning Commission
Determination; understands the appeal is based on the additional
conditions as specified by the Planning Commission.
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Mayor Grant opened Public Hearing on the Appeal.
Testimony Supporting the Appeal
Allen Tuck, Vice -President, Wilden Pump & Engineering Company, 22069
Van Buren, stated he is appealing portions of the additional
conditions imposed by the Planning Commission December 5, 1983
relating to constructing a six-foot wall along the 1,100 foot
perimeter of the company's property and supplying certain landscaping
and trees to the adjacent residents. Concurred with the requirement
to construct a six-foot wall in the new construction area, but opposed
additional walls where there is no new construction and the
requirement to provide Italian Cypress Trees in those areas where the
property is adjacent to existing construction.
Mr. Tuck felt there are other solutions to the problems cited which
would be more fair and equitable to the company which would also
resolve the residents' concerns. Indicated the problem of visual
pollution will be resolved when the new warehouse is constructed,
since it will provide internal storage. Distributed copies of a
policy letter which was prepared in response to the problems cited.
Feels the complaint regarding paint fumes was based on activities
prior to November, 1982 and the problem resolved when the new painting
system was installed. Stated discussions with the residents revealed
the complaint about noise related to loud talking and radios in the
assembly areas; action has been taken to resolve that matter.
Mr. Tuck stated the conditions imposed would cost approximately
$30,000 - $40,000, which is 5-6% of the project cost; noted the
importance of his company's ability to remain competitive and the
local revenue the company produces.
Mr. Tuck presented alternative proposals to the conditions imposed;
concurred with constructing a six-foot wall in the new construction
area; felt the Planning Commission conditions did not adequately
identify the six-foot wall; felt it would be reasonable to construct a
six-foot wall from the level of the Martinez property. In the area of
old construction, the wall is going from a recessed driveway; if a
six-foot wall is required from the level of the adjoining property,
it would require a 13-foot masonry wall, costing in excess of $100,000
for the entire perimeter. In the area of new construction, wants the
wall defined from a certain point.
Feels the Planning Commission condition to construct a wall along the
entire south side is inappropriate; recommended stopping at the end of
the new construction, feeling this will block the view from the Wagner
property, with the adjacent property being vacant. Indicated a
willingness to meet the requirements for trees or landscaping with
respect to the Wagner property only; felt it was questionable whether
the Burgets, Martinez' and Stewarts would desire cypress trees, in
view of their present landscaping.
Relative to the area on the north, feels inappropriate that this area
be considered, since it doesn't involve any new construction. Stated
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there is a 12-foot driveway and a solid decorative masonry wall which
is well -maintained. Stated the new construction will provide, in
effect, a solid wall enclosed by a roof, providing an aesthetic
appearance similar to the existing east area. Requested that Council
consider what he feels are reasonable and equitable alternatives.
Testimony Opposing the Appeal
Linda Burget, 12570 Michigan, felt the six-foot wall should be built
on her side of the property rather than the company's side, since that
property is lower; wants drainage.
Phil Wagner, 12610 Sanburg Way, stated the zoning has been changed to
light industrial which requires a six-foot wall; complained of noise
from trucks and traffic at night, tractors dozing the field at 10:00
p.m., and spotlights; felt the requirement for trees is appropriate.
Jess Martinez, 12580 Michigan, showed photographs and stated his
property has been flooded every year since 1978; backyard has a chain
link fence; concerned a solid wall will increase problems if there is
no allowance for proper drainage. Councilman Rigley questioned if the
flooding was due to the water not draining from his property onto
Wilden's property. Mr. Martinez stated water from higher levels
drains down their driveways; sufficient drainage has not been provided
for the water run-off due to construction above his property.
Rebuttal Testimony
Allen Tuck, relative to Mrs. Burget's concerns, stated the company's
driveway will be substantially recessed; twelve feet away will be a
solid six-foot wall attractively painted with no openings which will
contain noise more effectively than a six-foot wall. Recommended a
retaining wall for the easterly area, since the Burget, Martinez and
Stewart properties already have six-foot fences and mature
landscaping. Relative to Mr. Wagner's concerns, concurred with
constructing a six-foot wall on the south side; recommended providing
Mr. Wagner with the cypress trees to plant on his own property;
indicated he was unaware of the noise problems cited, and had he been
notified would have resolved the problems. Relative to Mr. Martinez'
concerns for flooding, noted since they are also victims, with their
property being even lower, this is not Wilden's problem and does not
relate to this issue; would join Mr. Martinez in imploring Council to
correct the problem by installing an adequate drainage system on the
north side of Michigan that will join with the adequate 36-inch pipe
which his firm installed in anticipation of this problem.
Mr. Martinez questioned what provisions will be made for drainage if
the wall is built.
Mrs. Burget requested clarification - stated contradicting statements
have been made relative to whether the six-foot fence would be on her
side or Wilden's. Indicated she wants the fence built on her side and
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wants to remove her wood fence if they build a six-foot wall on her
side. Council indicated Mr. Tuck had indicated this matter was not
clearly defined by the Planning Commission. Planning Director Kicak
stated it is his understanding the purpose of the wall as required by
the Planning Commission is for screening purposes to the adjacent
properties; would interpret that to mean a six-foot high wall measured
from the point on the properties on Michigan.
Mayor Grant closed Public Hearing.
Attorney Hopkins reviewed the appeal which concerns three issues, and
recommended upholding or denying the three issues separately: (1) not
requiring the wall to be six feet above the high property line; (2)
requiring the wall in the new construction area only, rather then
around the entire property; (3) relative to requiring cypress trees be
planted, allow the appellant to provide the trees to the property
owners to plant on their property.
CC-84-13 Motion by Councilman Nix, Second by Councilwoman Pfennighausen, ALL
AYES, to support the appeal relative to not requiring the block wall
six feet high on the entire dimension of the south side of the
appellant's property; however, to require construction of a six-foot
garden wall from the westerly side of the Wagner property easterly
along the southerly property line.
Council discussed whether the block wall on the southerly border
should be six feet above the level of the property owners' property or
from the level of the Wilden property. Councilwoman Pfennighausen
felt if a six-foot wall was constructed across the four properties,
it would act as a dam, even if drainage holes were provided; is aware
it would be more attractive, but feels a 4-5 foot retaining wall, with
the property owners retaining their present fences, would be better
for the property owners. Wilden Pump is proposing lowering the
driveway five feet and building a retaining wall, thereby allowing the
water to flow over that wall.
City Engineer Kicak stated that until a proper drainage system is
installed to intercept the water from Michigan and Pico, the drainage
problems will continue, whether or not there is a wall; felt the wall
will compound the problem. Indicated most of the storm drain system
is designed, with $700,000 presently available for construction.
Mayor Grant left the meeting at 9:48 and returned at 9:51 p.m.
Mr. Tuck stated his firm would be willing to build a properly -designed
retaining wall to allow drainage from the backyards, and could build a
six-foot block wall from the Burget's side of the property if they
desired, but felt it would be a mistake.
Attorney Hopkins advised Council cannot set new conditions as is being
requested by Mr. Tuck; according to the Planning Director, the present
condition is a retaining wall and six feet above that a fence; if
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Council wants the condition changed, the appeal should be granted,
thereby sending it back to the Planning Commission to be revised.
Councilwoman Pfennighausen questioned the equity and legality of
imposing conditions in areas previously developed versus new
construction; Attorney Hopkins stated he feels it could legally be
enforced; didn't address the equity.
Recess was called at 10:07 and reconvened at 10:22, with all members
present.
Councilman Rigley felt a block wall six feet above the property
owners' level would be detrimental to those properties, causing
flooding; Wilden Pump has proposed building a retaining wall there,
indicating the new building will provide a sound barrier; questioned
if the property owners, in view of the adverse situation, would want
the six-foot block wall; questioned and received confirmation they
would be satisfied with a five-foot retaining wall on the back of
their property.
Councilman Nix indicated the appeal deals with the Planning Commission
setting a condition requiring a six-foot wall along the entire
easterly side; stated the Planning Commission Minutes dealt to a
greater extent with the fencing which is already between Wilden Pump,
a firm which has been there many years, and the property owners on
Michigan, than it does with the new construction; feels it would be
punitive to require Wilden Pump to go back and build a six-foot wall
up to Van Buren, and it doesn't make sense to have a six foot fence
requirement that starts halfway back that goes six feet up on some
properties and on some it doesn't; felt this is adverse to Council's
desire to encourage commercial development.
The Planning Director was questioned and confirmed that a six-foot
block wall is required by the zoning code to separate light industrial
property from residential; Councilwoman Pfennighausen felt that when
circumstances occur where a zoning code requirement is found to be
both punitive, as well as detrimental to those whose benefits it was
designed to serve, it should be set aside.
CC-84-14 Motion by Councilman Rigley, Second by Councilwoman Pfennighausen,
ALL AYES, that the appeal of Wilden Pump & Engineering Company to
eliminate the requirement of a six-foot garden wall along the easterly
border be approved; that in the area of new construction on the
easterly side, the developer is to construct a retaining wall as
necessary; no garden wall shall be required.
CC-84-15 Motion by Councilman Nix, Second by Councilwoman Pfennighausen, that
the appeal regarding the cypress trees be denied; however, if the
construction of the six-foot wall, as proposed by the developer, meets
with the approval of the adjacent property owners, then the cypress
trees would not have to be furnished to the individual property
owners.
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Attorney Hopkins clarified that the intent of the Motion is that the
requirement for the trees remains, except if the property owner is
willing to put the trees on his property, that is acceptable.
Following discussion and clarification, Motion No. CC-84-15 carried,
ALL AYES.
ADJOURN - The regular meeting adjourned at 10:45 p.m. The next
regular meeting will be held January 26, 1984 at 5:30 p.m.
Respectfully submitted,
City c
APPROVED:
ayo
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