PCM19670905CITY PLAN COIYMISSION CITY OF IWSKEGO
MINUTES OF MEETING HELD SEPTEMBER 5, 1967 CITY HALL
MAYOR GOTTFRIED CALLED THS MEETING TO ORDER AT 0:09 P. M.
PRESENT: MAYOR JEROME GOTTFRIED, WILLIAM F. CHASE, SEC'Y, WILLARD BEF'TRAM, CHARLES BUEHLER, PAUL DEANGELIS, ALDERMAN
S. ROBERT LENTINI AND ED RAIMANN. PLAN CONSULTANT RUSSELL KNETZGER AND BUILDING INSPECTOR LEE WERE ALSO PRESENT.
ifINUTES: THE MINUTES OF THE PREVIOUS MEETING, AUGUST 1Zj
e
1967, WERE APPROVED AS MAILED.
PERSOJAL APPEARANCES:
WILFRED POSBRIG - ih. POSBRIG, VI95 SI0538 RACINE AvE.,
APPEARED AND SUBMITTED SKETCHES FOR A 14 ACRE LAND DIVISION
OF HIS PROPERTY IN SECTION 32. IT WAS NOTED ay THE COMMISSION
THAT THIS WOULD BE THE ENTIRE NORTH OWNERSHIP OF MR. POSBRIG'S
RACINE AVE. MR. POSBRIG ADVISED THAT HIS TOTAL OWNERSHIP IS
PROPERTY, APPROXIMATING A 500' X 1320' PARCEL ABUTTING
APPROXIMATELY 131 ACRES. IT WAS THE COMMISSION'S OPINION THAT AS THERE WOULD BE
500' ABUTTING RACINE AvE., THERE WOULD BE NO PROBLEM FOR
ROAD PURPOSES AND LOTS OF 15 ACRES AS REQUIRED IN THIS R-2
FUTURE LAND DIVISIONS, THAT THERE WOULD BE AMPLE AREA FOR
DISTRICT. MR. DEANGELIS MOVED TO APPROVE h. POSaRIG'S SKETCH AND
THAT THE COMMISSION WILL 3~ RECEPTIVE TO A PRELIMINARY PLAT
AND CERTIFIED SURVEY MAP. MR. RAIMANN SECONDED THE MOTION AND
THE MOTION CARRIED UNANIMOUSLY.
THE REEF - MR. KLEPP, OWNER OF THE REEF, S06 Wl3900
~IEGEL DR., AND MR. WAYNE FOX OF ABC OUTDOOR ADVERTISING, INC., APPEARED IN REGARD TO THEIR APPLICATION TO ERECT TWO
SIGNS AS FOLLOWS:
I SIGN - 12 SQ. FT., UNLIGHTED, DIRECTIONAL (THE REEF &
ARROW) TO BE LOCATED ON THE SOUTHWEST CORNER OF N. CAPE RD. & DURHAM DR. (FRANK SCHAEFER PROPERTY)
& THE REEF TO BE LOCATED ON THE NORTHWEST CORNER
OF PRIEGEL DR. AND DURHAM DR. (F. SCHAEFER PROPERTY)
1 SIGN - 16 SQ. FT., ILLUMINATED, ADVERTISING HAMM s I1 1 I:
MR. Fox ADVISED THAT THEY HAD PERMISSION FROM I~R. SCHAEFER
BUILDING INSPECTOR LEE REVIEWED THE SIGN ORDINANCE POINTING
TO ERECT THE SIGNS ON HIS PROPERTY.
OUT THAT THE 16 SQ. FT. ADVERTISING SIGN DOES NOT COMPLY WITH
SAME.
PAGE 2 - PLAN COMM.
SEPTEMBER 5, 1967
MR. RAIMANN MOVED TO APPROVE THE 12 SQ. FT. DIRECTIONAL
SIGN TO BE LOCATED ON THE SOUTHWEST CORNER OF N. CAPE RD.
& DURHAM DR. AND TO APPROVE THE LOCATION OF PRIEGEL DR. AND
EXCEED 12 SQ. FT. (NO ADVERTISING). ALDERMAN LENTINI SECONDED
DURHAM DR. FOR THE LOCATION OF A DIRECTIONAL SIGN NOT TO
THE MOTION AND THE MOTION CARRIED UNANIMOUSLY.
DORN BUILDERS. INC. - MR. & MRS. ROGER MURRAY, K170
S6971 SOUTHERN HEIGHTS DR., AND MRS. MARVIN BOESEL, VI 70 S6967
SOUTHERN HEIGHTS DR., APPEARED TO PROTEST THE PLAN COHMISSION'S
ACTION OF JUNE 29, 1967, GRANTING ARCHITECTURAL APPROVAL TO
wl7098 JANESVILLE RD. TO LOT 20, BLOCK B, SOUTHERN HEIGHTS
SUBDIVISION.
SOUTHERN HEIGHTS SUBDIVISION AREA WAS SUBMITTED TO THE
DORN BUILDERS, INC.. TO MOVE THE DWELLING LOCATED AT S74
A PETITION BEARING THE NAMES OF 28 PROPERTY OWNERS IN THE
COMMISSION AND READ BY THE RECORDING SECRETARY: ME THE I>
UNDERSIGNED PROPERTY OWNERS IN SOUTHERN HEIGHTS SUBDIVISION
AND PROPERTY OWNERS OF THE SURROUNDING AREA, PROTEST THE
MOVING OF ANY OLD HOUSE OR DWELLING ONTO LOT #20, BLOCK B,
SOUTHERN HEIGHTS SUBDIVISION, OR ONTO ANY LOT IN SOUTHERN HEIGHTS SUBDIVISION. II
MR. & MRS. MURRAY & MRS. BOESEL EXPRESSED CONCERN AS TO
THE AGE OF THIS DWELLING AS WELL AS ITS EFFECT ON THE PROPERTY
VALUES IN THE SUBDIVISION. PLANNER KNETZGER POINTED OUT THAT AGE IS NOT A LEGAL
BASIS ON WHICH TO DENY SUCH A REQUEST AND MAYOR COTTFRIED
REVIEWED SEC. 6.11 (ARCHITECTURAL APPROVAL) OF THE MUSKEGO ZONING ORDINANCE POINTING OUT THAT THE COMMISSIONERS MUST BE
GUIDED BY THE CONDITIONS AS SET FORTH IN THIS ORDINANCE.
THE COMMISSION REVIEWED THE PLAN SUBMITTED BY DORN BUILDERS. IT WAS THEIR OPINION THAT THIS DWELLING WOULD NOT
ADVERSELY AFFECT PROPERTY VALUES IN THE SURROUNDING AREA
WHEN REMODELED IN ACCORDANCE WITH THESE PLANS. IT WAS ALSO THEIR DECISION TO REQUEST AN OPINION FROM
CITY ATTORNEY HIPPENMEYER REGARDING SEC. 6.11 (4) APPEAL. THE PLAN COMMISSION HAS INTERPRETED THIS TO HEAN THAT THE
RIGHT TO APPEAL THE COMMISSION'S DECISION TO THE BOARD OF APPEALS BUT DOES NOT GIVE ANY AGGRIEVED CITIZEN THE OPPOR-
PERSON MAKING THE REQUEST TO THE COMMISSION WOULD HAVE THE
TUNITY TO APPEAL.
OTHER BUSINESS:
STEVEN SCHULER - BUILDING INSPECTOR LEE REPORTED THAT HE
HAD INVESTIGATED THE SCHULER PROPERTY, v198 SI0857 RACINE AYE.,
SCHULER WOULD RAISE THE GRADE OF HIS PROPERTY TO SUCH AN
AND THAT IT DID NOT APPEAR THAT THE FILL BEING USED BY MR.
EXTENT THAT IT WOULD ADVERSELY AFFECT THE NEIGHBOR'S PROPERTY.
I
PAGE 3 - PLAN COMM.
SEPTEMBER 5, 1967
IT WAS THE COMMISSION'S DECISION THAT BUILDING INSPECTOR
LEE WATCH THE PROGRESS OF THIS PROJECT TO BE ASSURED THAT
IT IS BEING CARRIED OUT PROPERLY. IT WAS ALSO THEIR DECISION
TO DIRECT A LETTER TO THE COMPLAINANT ADVISING OF THESE
FINDINGS.
JOSEPH MACERICH - IN REGARD TO THE COMMISSION'S DECISION
OF JUNE 29TH THAT THE REMOVAL OF GRAVEL ON THE MAGERICH
PROPERTY IN SECTION 12 WOULD BE PERMITTED FOR THE COMPLETION
OF RESTORATION WITH A DEADLINE OF AUGUST 31, 1967, BUILDING INSPECTOR LEE REPORTED THAT HALES CORNERS SAND & GRAVEL IS
NO LONGER OPERATING THERE,' HOWEVER, THERE ARE 4 STOCKPILES
REMAINING AND RESTORATION HAS NOT BEEN COMPLETED. IT WAS THE COMMISSION'S DECISION TO DIRECT A COMMUNICATION
TO MR. MAGERICH REQUESTING THAT HE INFORM THE COMMISSION OF
HIS PLANS FOR THE COMPLETION OF THE RESTORATION.
MAYOR GOTTFRIED CALLZD FOR RECESS AT 9-45 P. M. AND THE MEETING
WAS RECONVENED AT 9:40 P. M.
FORREST PERKINS - THE FOLLOWING COMMUNICATION FROM MR. PERKINS REGARDING HIS REQUEST TO REZONE APPROXIMATELY 3.5
ACRES IN SEC. 4 FROM RS-2 TO B-2 DIRECTED TO MEMBERS OF THE COMMISSION WAS READ BY THE RECORDING SECRETARY: 0 II GENTLEMEN: DURING THE COMMON COUNCIL MEETING ON TZESDAY, AUGUST
22, 1967, THE FOLLOWING QUESTION CAME UP. IF THE COMMON
COUNCIL REZONED THE LAND AT THE CORNER OF COLLEGE AVE. AND MARTIN DR. FROM RESIDENTIAL TO 8-2 LOCAL SERVICE CENTER DISTRICT, WOULD THIS REZONING COST OUR CITY OF MUSKEGO MORE
DOLLARS WHEN COLLEGE AYE. AND MARTIN DR. IS WIDENED?"
COLLEGE AYE. AND 24.75 FEET FROM THE CENTER LINE OFF MARTIN DRIVE.
TO MAKE COLLEGE AVE. UP TO 100 FEET WIDE (PRESENT WIDTH 66 FT. )
AT PRESENT, THE LAND IS 33 FEET FROM THE CENTER LINE OFF
IF OUR CITY OF MUSKEGO OR COUNTY WANTED TO PURCHASE LAND
I WILL DONATE MY SHARE (17 FEET) OF THE ADDITIONAL NEEDED LAND
TO OUR CITY WITH NO CHARGE.
THE PURPOSE OF THIS LETTER IS TO LET THE CITY OF MUSKEGO
KNOW THAT I WILL DONATE MY SHARE OF ANY ADDITIONAL LAND THAT
WILL BE NEEDED TO WIDEN COLLEGE AYE. QIR MARTIN DR. I WOULD
EXPECT MR. HIPPENMEYER, OUR CITY ATTORNEY, TO PREPARE THE
NECESSARY PAPERS SO THAT I WILL NOT HAVE ANY ATTORNEY FEES TO
PA Y. RESPECTFULLY YOURS,
/s/ FORREST W. PERKINS"
IT WAS NOTED BY THE COMMISSION THAT A FINAL CERTIFIED
a
WOULD SHOW THE DEDICATED WIDTH OF COLLEGE AYE. & MARTIN DR. SURVEY MAP FOR LAND DIVISION HAS NOT BEEN SUBMITTED WHICH
PAGE 4 - PLAN COMM.
SEPTEMBER 5, 1967
IN ACCORDANCE WITH REQUIREMENTS OF THE CITY AND COUNTY. IT WAS THE COMMISSION'S DECISION THAT A LETTER BE
DIRECTED TO JOHN VICTOR ASKING IF THE 3.5 ACRES IN QUESTION
TO FORREST PERKINS ADVISING HIM THAT IT WOULD BE ADVISABLE
TO THE COMMISSION AT HIS EARLIEST CONVENIENCE. IT WAS ALSO
THEIR DECISION TO ADVISE THE COMMON COUNCIL OF THIS ACTION
AND THAT THE COMMISSION WILL ADVISE THEM WHEN THE CERTIFIED
HAS ACTUALLY BEEN SOLD AND THAT A COMMUNICATION BE DIRECTED
THAT HE HAVE A CERTIFIED SURVEY MAP PREPARED AND SUBMITTED
SURVEY MAP HAS BEEN RECEIVED.
RICHARD THODE - THE COMMISSION REVIEWED SKETCHES OF A
PROPOSED 3 ACRE LOT WHICH HAD BEEN SUBMITTED BY RICHARD
THAT THIS PARCEL WOULD BE CREATED BY DIVISION OF THE ART THODE PROPERTY AND THE HERBERT THODE ESTATE PROPERTY IN SEC.
26 AND WOULD ABUT BIG MUSKEGO LAKE. IT WAS THE COMMISSION'S OPINION THAT THIS WAS AN ODDLY
THODE, VI51 s10170 THODE DR. IT WAS NOTED BY THE COMMISSION
SHAPED LOT APPROACHIWGLTHE LAKE AT A PECULIAR ANGLE AND
MIGHT CREATE A PROBLEM FOR THE CITY TO SERVICE. MR. BUEHLER MOVED THAT MR.. THODE BE ADVISED THAT THE
COMMISSION IS RECEPTIVE TO SUCH A DIVISION SUBJECT TO THE
SUBMITTAL OF A PRELIMINARY PLAT AND SUFFICIENT ENGINEERING
DATA TO DETERMINE OWNERSHIP OF THE PROPERTY AND CREATION
OF A BETTER SHAPED PARCEL. MR. CHASE SECONDED THE MOTION AND
THE MOTION CARRIED UNANIMOUSLY.
MUSKEGO-NORWAY CONS. SCHOOL DISTRICT - MR. CHASE MOVED
TO RECOMMEND TO THE COMMON COUNCIL TO APPROVE THE REQUEST
OF MUSKEGO-NORWAY CONSOLIDATED SCHOOL DISTRICT TO REZONE
APPROXIMATELY 27 ACRES IN SECTION 10 FROM RS-2 TO RS-2 WITH
AN OIP OVERLAY FOR THE PURPOSE OF A PUBLIC SCHOOL. ALD. LENTINI SECONDED THE MOTION AND THE MOTION CARRIED UNANIMOUSLY.
,DONALD L. BENTLEY - THE COMMISSION REVIEWED DONALD L.
BENTLEY'S REQUEST FOR A CONDITIONAL USE GRANT AS WELL AS
REZONING REQUEST FOR APPROXIMATELY 26 ACRES IN SECTION 5
FROM RCE-WF TO RCE-WF WITH AN OA OVERLAY. IT WAS NOTED BY THE COMMISSION THAT MR. BENTLEY HAD
INDICATED AT THE PUBLIC HEARING AUGUST 22, 1967, THAT HE
DID NOT INTEND TO BOARD DOGS NOR HAVE MORE THAN 6 DOGS AT
ANY ONE TIME. ALDERMAN LENTINI MOVED TO RECOMMEND TO THE COMMON COUNCIL TO APPROVE DONALD L. BENTLEY'S REZONING REQUEST. MR. BERTRAM SECONDED THE MOTION AND THE MOTION CARRIED 0 UNANIMOUSLY.
PAGE 5 - PLAN COMM.
SEPTEMBER 5, 1967
IT WAS THE COMMISSION'S DECISION TO REQUEST MR. BENTLEY
TO APPEAR AT THEIR NEXT MEETING TO DISCUSS CONDITIONS APPLI-
CABLE TO HIS CONDITIONAL USE GRANT WHICH WOULD BE AGREEABLE
TO BOTH HE AND THE COMMISSION; MR. GROBER, ADJACENT NEIGHBOR,
ALSO TO BE ADVISED OF THE MEETING.
CONDITIONAL USE GRANTS (RECORDINGL - MAYOR GOTTFRIED
ADVISED THE COMMISSION THAT THE PRICE OF THE FORMS TO RECORD
CONDITIONAL USE GRANTS HAD NEARLY DOUBLED IN PRICE. IT WAS
THE COMMISSION'S DECISION TO ACCEPT THE INCREASED PRICE AND MR. CHASE MOVED TO APPROVE PAYMENT OF THE INCREASED PRICE,
APPROXIMATELY $40, TO H. NIEDECKEN Co. MR. BUEHLER SECONDED
THE MOTION AND THE MOTION CARRIED UNANIMOUSLY.
ZONING ORDINANCE AMENDMENT (GASOLINE STATIONS) - THE
COMMISSION REVIEWED THE PROPOSED AMENDMENT TO THE ZONING
ORDINANCE IN SEC. 6.03 (1 c (GASOLINE SERVICE STATIONS)
COMMENTS TO THE RULES, LAWS & ORDINANCES COMMITTEE:
AND AFTER CONSIDERABLE DISCUSSION REFERRED THE FOLLOWING
1. THEY QUESTIONED THE NECESSITY OF CONTROLLING THE
2. THEY FELT THE REQUIREMENT IN ITEM 2 WOULD BE TOO
3. THEY WOULD LIKE TO SEE ADDITIONAL REQUIREMENTS IN
LOCATION OF THE SERVICE STATION NEAR PUBLIC THEATRES.
RESTRICTIVE.
ITEM 3 REQUIRING A MARKET STUDY SHOWING ECONOMIC FEASIBILITY
OF CREATING ANOTHER FILLING STATION. 4. THEY DO NOT FEEL THAT SECTION 5 IS NECESSARY. 5. THEY QUESTION WHETHER OR NOT A LIMIT SHOULD BE PLACED
ON THE NUMBER OF FEET A DRIVEWAY CAN BE LOCATED FROM AN
INTERSECTION.
THE
OR D
ZONING ORDINANCE AIiENDlfENT (GUEST HOUSES & EMP. QUARTERS) - COMMISSION REVIEWED THE PROPOSED AMENDMENT TO THE ZONING
INANCE IN SECTION 8.01 (7) B (GUEST HOUSES, ETC.) AFTER
DISCUSSION MR. BUEHLER MOVED TO RECOMMEND TO THE COMMON COUNCIL
THAT SECTION 8.01 (7) B, PERMITTED ACCESSORY USES, BE REPEALED
AND RECREATED IN ACCORDANCE WITH ORDINANCE #73 WHICH HAD
BEEN PREPARED BY CITY ATTORNEY HIPPENMEYER. MR. CHASE SECONDED
THE MOTION AND THE MOTION CARRIED UNANIMOUSLY.
ZONING ORDINANCE AMENDMENT (TBUCK PARKJNG) - THE COMMISSION
REVIEWED THE PROPOSED AMENDMENT TO THE ZONING ORDINANCE IN
SECTION 6.04 (4) G (2). AFTER DISCUSSION, MR. CHASE MOVED TO
RECOMMEND TO THE COMMON COUNCIL THAT SECTION 6.04 (4) G (2) BE
REPEALED AND RECREATED IN ACCORDANCE WITH ORDINANCE #74 WHICH
HAD BEEN PREPARED BY CITY ATTORNEY HIPPENMEYER. MR. RAIMANN
SECONDED THE MOTION AND THE MOTION CARRIED UNANIMOUSLY.
PAGE 6 - PLAN COMM.
SEPTEMBER 5, 1967
e RES. #I 10-67 - AUTH. PARK & REG. BD. TO NEG. FOR LAND -
THIS RESOLUTION WAS REFERRED TO THE COMMISSION BY THE COMMON BOUNCIL FOR RECOMMEN'EMTION. THE COMMISSION REVIEWED THE PLAT OF FOUNTAINWOOD SUBDIVISION AND DISCUSSED THE AREA THE PARK & RECREATION BOARD HAD DETERMINED WOULD BE A SUITABLE
PLAYGROUND AREA (LOTS 10-14, BLOCK 16). MR. CHASE POINTED
PLAY BALL. IT WAS THE COMMISSION'S DECISION THAT THE PARK & RECREATION BOARD CONFER WITH PLANNER KNETZGER TO DETERMINE
OUT THE NEED FOR AN AREA WHERE THE CHILDREN 10 AND UP CAN
THE BEST, AVAILABLE AREA FOR PLAYGROUND USE.
BUDGET COMMITTEE - MAYOR GOTTFRIED APPOINTED WILLIAM F.
CHASE, CHAIRMAN, ALDERMAN LENTINI & MR. BUEHLER TO SERVE ON
THE BUDGET COMMITTEE AND SCHEDULED A MEETING FOR 7:00 P. M.,
MEETING. PLANNER KNETZGER WAS AUTHORIZED TO SUBMIT SUGGESTIONS
TO THE COMMITTEE.
SEPTEMBER 19TH, JUST PRIOR TO THE REGULAR PLAN COMMISSION
GERALD TRYBAN - THE FOLLOWING COMMUNICATION DATED
ENGINEER RUEKERT REGARDING THE PRYBAN LAND DIVISION IN SEC. 5 ON WENTLAND DR. , WAS READ BY THE RECORDING SECRETARY:
AUGUST 31, 1967, DIRECTED TO THE COMMISSION FROM CITY
It GENTLEMEN: WE HAVE BEEN CONTACTED BY MRS. TRYBAN REGARDING THE
CERTIFIED SURVEY OF TWO LOTS AT THE SOUTHEAST CORNER OF
C. T.H. Y AND WENTLAND DRIVE. II II
MRS. TRYBAN STATED THAT THEY HAD A BUYER FOR SEVERAL
MONTHS NOW, AND THAT THE SALE WAS PENDING APPROVAL OF THIS
SURVEY. ALSO THE TITLE COMPANY HAD ISSUED A TITLE POLICY FOR
THIS LOT WHICH SUBSTANTIATES THAT THE SURVEY SHOULD BE IN
PROPER ORDER ACCORDING TO THE LEGAL DESCRIPTION.
THE TRYBANS ARE RETAINING THE 130' LOT ON WENTLAND DRIVE,
AND SELLING THE CORNER LOT ON C. T.H. Y AT THIS TIME. THIS
CORNER LOT IS LEAST AFFECTED BY WENTLAND DR.
I1 II
To RESOLVE THE LOCATION OF WENTLAND DR. , WE SUGGEST THAT
AFTER A SURVEY, A NEW DESCRIPTION BE DRAWN IN FORM OF A QUIT
A 50' OR 60' STREET, AND THE CITY IN TURN CONVEY TO THE OWNERS
ANY FRAGMENTS OF LAND THAT WOULD MAKE THEIR LOTS CONTIGUOUS TO
SAID STREET.
CLAIM DEED, AND THAT THE OWNERS ABUTTING CONVEY TO THE CITY
AS THIS PROCEDURE COULD INVOLVE MUCH TIME, WE RECOMMEND,
IN LIGHT OF THE ABOVE, THAT THIS CERTIFIED SURVEY PREPARED BY MR. HURLEY BE APPROVED.
YOURS VERY TRULY,
/s/ F. J. RUEKERT
PAGE 7 - PLAN COMM.
SEPTEMBER 5, 1967 a MR. CHASE MOVED TO APPROVE GERALD TRYBAN'S CERTIFIED
SURVEY MAP. MR. RAIMANN SECONDED THE MOTION AND THE MOTION
CARRIED UNANIMOUSLY.
LARRY SCHNEIDER - THE COMMISSION REVIEWED A REQUEST
FROM LARRY SCHNEIDER, W706 S6724 JEWEL CREST DR., TO MOVE
A DWELLING FROM LOT 21, BLOCK 0, TO LOT 3, BLOCK 9, IN JEWEL CREST SUBDIVISION. SUBMITTED AND REVIEWED WERE PLANS
OF THE DWELLING TO BE MOVED, PLAT OF SURVEY OF LOT 3, AND
SATISFACTORY PERCOLATION TESTS.
IT WAS THE COMMISSION'S OPINION THAT THIS DWELLING
WOULD BE COMPATIBLE WITH THE SURROUNDING AREA AND MR. CHASE
MOVED TO APPROVE THE RELOCATION OF MR. SCHNEIDER'S DWELLING
TO LOT 3, BLOCK 9, JEWEL CREST SUBDIVISION. MR. DEANGELIS
SECONDED THE MOTION AND THE MOTION CARRIED UNANIMOUSLY.
OTTO KURTH - THE FOLLOWING COMMUNICATION DATED AUGUST
28TH, 1967, DIRECTED TO MAYOR GOTTFRIED FROM CITY ATTORNEY
HIPPENMEYER REGARDING THE ROAD BUILDING RESPONSIBILITY OF
THE EXTENSION OF BRENTWOOD DR. WAS READ BY THE RECORDING
SECRETARY:
'I DEAR HAYOR GOTTFRIED: MR. HIPPENMEYER IS PRESENTLY OUT OF THE STATE AND IN
HIS ABSENCE, I WILL ATTEMPT TO ANSWER YOUR LETTER OF AUGUST
24~~ RELATIVE TO THE KURTH PROPERTY.
IT IS MY OPINION THAT THE CITY WOULD NOT BE OBLIGATED
TO PAY ONE HALF THE COST OF BUILDING THE ROAD NORTH FROM
BELMONT GREENS ALONG THE WEST SIDE OF THEIR PROPERTY, BUT ON
THE OTHER HAND, THEY WOULD HAVE THE AUTHORITY AND POWER TO
ABSORB ONE HALF OF THE COST OF BUILDING THE ROAD IF IN THEIR
OPINION THE ROAD WAS TO THE BENEFIT OF THE CITY. IF THE CITY IS OF THE OPINION THAT THE ROAD WOULD NOT
BENEFIT IT, THEN THEY SHOULD MAKE IT CLEAR TO THE SUBDIVIDER
THAT THEY DID NOT INTEND TO PUT IN A ROAD OR PAY A PORTION
OF THE COST OF THE ROAD AND IF THE PURCHASER WISHES TO PUT IN
A ROAD, HE MAY DO so BUT IT MUST BE DONE TO THE CITY'S
SPECIFICATIONS AND AT NO COST TO THE CITY.
SINCERELY,
/S/ UM. F. REILLY"
IT WAS THE COMMISSION'S DECISION THAT MR. DEANGELIS
DISCUSS THIS WITH THE PARK & RECREATION BOARD TO DETERMINE
IF IN THEIR OPINION THIS ROAD WOULD BENEFIT THE CITY AND
REPORT THEIR DETERMINATION AT THE NEXT MEETING.
PLANNER'S REPORTS:
DEVELOPMENT BEFORE PUBLIC SEVERAGE INSTALLATION -
ACTION WAS DEFERRED.
PAGE 8,- PLAN COMM.
SEPTEMBER 5, 1967
ZONING ORDINANCE AHENDMENT - (PERFORHANCE GUARANTEE1 - PLANNER KNETZGER SUBMITTED A SUGGESTED AMENDMENT TO SEC. 16.41,
APPROVAL OF BUILDING, SITE & OPERATIONAL PLANS, TO INCLUDE
THE FOLLOWING PARAGRAPH:
(5) PERFORMANCE GUARANTEE IN ORDER TO INSURE THAT THE SITE PLANS WILL BE DEVELOPED
IN ACCORDANCE WITH THE APPROVALS GIVEN BY THE PLAN COMMISSION,
THE OWNER OR HIS AGENT SHALL, PRIOR TO THE ISSUANCE OF A
BUILDING PERMIT, SUBMIT TO THE PLAN COMMISSION A BOND, WRITTEN
BY A LICENSED SURETY COMPANY, AN ESCROW ACCOUNT, OR OTHER
FINANCIAL GUARANTEE SATISFACTORY TO THE CITY ATTORNEY, IN AN
AMOUNT SUFFICIENT IN THE OPINION OF THE PLAN COMMISSION TO
SECURE PERFORMANCE IN CONSONANCE WITH THE PLANS AS SUBMITTED
AND APPROVED.
THIS IS TO BE REVIEWED BY THE MEMBERS PRIOR TO THE
NEXT PLAN COMMISSION MEETING.
ADJOURNMENT - ALDERMAN LENTINI MOVED FOR ADJOURNMENT,
MR. BERTRAM SECONDED THE MOTION AND THE MEETING WAS ADJOURNED e AT ?2:05 A. M.
RESPECTFULLY SUBKITTED,
BARBARA J. SANDS RECORDING SECRETARY
9-1 2-67