CCMtg12-09-85lreaent: Mayor sreruson
4pMayor Goldberg ._..
Commissioner Faulkner
Canmii.ssioner In -. ".. .'•.. ~.~~ ~ ,.._[- o_ ., ... u <__.
Chris [3 gle, City Plawe[
nt. Greg Mawing~ City Administrator
5 .Mayor -5lrerilkori-calle3 the-. meetilg-to oidei'~at ]:30'P. M.~~ mFe: COneniskion observed a
anent of silent- meditationEOlloxed by the Pledge'd['Allegiance-tothe'[5~itl 'States
Flag.
2. Approval of Minu 1]/25/85 Pegular Meeting, and 12,/2/85 Wrk Session. on by
Conissioner lA ewNed by Commissioner Myers that mrnutes of 11/25/N5 and 12/JJ85
be approved as subnitt d. Matron carried by a wwimcus toll call cafe.
3. POBLIC HFARINGr 0l9ZW~NS IJ7. ]2] - aeviexing 16.55 acres south of Charlotte Street.
Applicant: M[. Bab Hattaxay. Mayor Streiilson stated Gat Mr. H3 taway hal sudpittal a
sloes asking that the petition for aw be itl[a t Motion by DepMayor
Goldberg, ewll by Commissioner Faulknerstha[ Cmonission a ceps M xay's request
to wiGdrawspetition for arvwxation. Motion carried by a unanvmus roll call care.
~^4. [IBLIC NEARING, OFDZlR.NCE !D. ]3] - ring Eas ue Ergo it inte[section
wiGPCR 42] to where it abuts Seaboard Rail[oaa righttof-way. A real by itle
and atl that he hal p[wf of publication. Mi. saidrtheNOrdin ce should be
o[reRed to add cards "right-of-xay". T ce xere no m~mrents, pro or cones. Motion by
Comnissionei Faulkner, sew led by CepNa}o[ Goldberg that public hearirc3 be closl.-
Motion carried by a unwirtous roll call care. on by Camnissioner Faulkner, secoled
by cepwyo[ Caldberg Gat Ordinw ]3] be ]opted with corrections ma3e at Eicst
ce ib
reading. on ra,rriea by r~rous roll call vote.
5. PON4SC EffARI!]G, O(AINAN•E tA. ]39 '- a'relv~9 Cmqurenensfve~I__'tk PS `fci~-lots '29,
3o and [he westerly paK of lot 2N, Mo1na[s Addition - cha[girg use f[om general
rcial to heavy, industrial. Raryestal by JCL fal Clearing Crnpany. Mr [ea3
by~title o~Sy and said ne t~ proof of publication. Soe Bo Joseph Thomas,
Cleo Hiss and Mr. Richard Golden spalce in-favorMOf the proposed change to land us
plan. on by OepMayo[ Goldberg, aewled by cmm~isaioner Faulknee that public nearing
be closedtc rigid by a call call w on by OepMayo[ Coldbe[g,
corded by C tommissioner Myers Gat 0[din ce No. ]39tbe ado'ptl. Ca~ndssioner Io
aid Ge p[opa[ty looked like industrial property and she said she mould like t r the
property cleaned up. Commissioner [o said the Ci[y Planner had recwunended sa3ain
Ge proposed change. Nagle said the a a bad a of cmmeccial and industrial u
and aid the lal u could go either usyCe Nagle said the present business
legally w e operation wtil i was destroyed. Mayor 9rerilson ask] about the I,P
omiendations and Mr. Na91e saidtGe LPA had recomell approval. Commissioner W_rnarm
askew if the code violations had been co erred aril M AUglc said e~'~me pc[entiai. :ale
iolations aopared to aid herhaa discvs[~~d Gc violations with M -
r Myars aia netaq[eea chat me area n~ led t eleana en.
.pmmisl^~io~nea vote of 3 to 2 with Mayor fie[ilson, aep+layoc Ccloberg and Camiissione~nPlyers
voting Aye and Cnmmussioners Faulkner and Lormann wtieg Nay
6. Mayoc 5re[ilson suggested that agenda iten nwiber 18 be moved up on the agenda.
n by Commdssioner Faulkner, ~ corvled by oepMayor coldbe[g that m)enda iten 18 M
nsidered inm.?<]iately. tied by a toll call w teal
O dirunce Ib. ]SO by titleMand saidrhe nal proof of publication. Mayor 9rerilson read M[.
Mannirg's meng to the Commission re3uesting that 0[dinance No. ]50 be tabled until January
6, 1986 to permit additio~l study and work with the State A omey m corning the
icyalicy of the ordinance. Camnissionec Faulkner ask d that the Commission a
imrediately n the ordinance and said handicapped pets needed it Mr. Charles
Heffner spoke for the ordinan and suggested a fine of S50 - $]5 and reluested [hat the
ordinance be s etly enfo[cede Meltz aid he thought a $250.00 Lin
approp[iate. Mot Arley Cegan said the state of Misso ri ha3 a $250.00 Eine statewide and
he remnarended that the ordinance be adopted. Mr. cegan said twdicapped pecsow neev3 the
wide handicapped parkimq spare so they could get their wheelchairs in and out of ttmic
vehicles. Motion by Gmmissioner Faulkner, ecorcled by DeFMayor Goldberg that public
M1earirg be closed. Motion ca rigid by a roll call w aulkner
asked i£ the Ordinance was e~oroeable.~ Captain Terry Bakertsaid hee wes rchecking the
ordinance with the State Attorney and he said it looked faw[able. Cmmissione[ Myers
said he had been wrking to ensure cpnpliance with nandicapped parking for a year and he
suggested th t th [divan Lead "1; lal na dicappM, sp3css ae5d he"~sked tlj?.t~the Polite
Bel~arrnert e~ ~" iqn iequi eio~: DdlMayor~Caldberg a ~e r:6oegl,t 5zso.BO wawa goon
fine ana Mayo[ smaruson saia ha agreed. camni.ssionar ro aaia sne agrees enae spaces
stauld be properly marked. Mr. Kornan suggeste3 that the ordinance be amaded [o rem
"legally" disabled instead o£ "wheelchair" disabled. cone notion and sewed we
withdrawn. on by Camnissioner Faulkner, s carded by Depnayo[ Goldberg that 0[dinanre 1
Cb. ]50 be amerded to read "legally disabled" instead of "wheelchair disabled" aryl ~
adopted. Motion carried by a vnaninous roll call mote.
]. The Commission took a brief rxess to permit Mr. J. R. Boynton and Mc. Edward NndiEf
to sign an n[ agreenent fo[ the Ovate[line on the portion of Fast Warren Avenue
vast d by O[dinance NJ. ]3].
B. OBLIC !4'AAI , OPDINAILE W. ]40 -amending Cattotehensive Zonirg 0[dina ce by
ning TownshiphPlaza, SUn Barak aed McOOnald's from I-2 to C-B. Mc. K rman read by
title only and said he had proof of publication. Motion by Commissioner Myers, secoeded
by Commissioner eaulkne[ that public hearicg ne closed. Motion Garrie'3 by a
roll call w Nagle asked the Comission to consider reducing the r Doug feet
bring oninge conpliance with the future land use plan to $100.00 plus costs of
advertising. Motion try Commissioner to econded by Commissioner Faulkne[ that
Ordinance Lb. >90 be adopted with the cost reduced to $100.00 plus advertising osts.
After discussion, [he Cortmussion agreed [hat Eees could not to reduced and the iro and
econd were withdrawn. Motion by Commissioner la eco~ded by Commissionee Faulkne[
that Ordinance No. ]40 to adopted. Motion carried by a unanvmus toll call mote.
9. POBLZC IffARIIG, OFDZIflNCB N0. ]42 - M[. Nornun real by title arch said he had proof of
publics Motion by Commissione[ Faulkner, ecorc]ed by DepMayor Goldberg that public
M1earirgtbenclosed. rigid by a toll moll w n by Camussioner
aulkner, corded by Dep+layor Goldberg thatrOrdin ]42ebeadopted. Commissioner
Myers askedeif the applicant had filled any portioeoE Wok Lake and said the Co n[y tad
~ fed a sign prohibiting any fillieg of~Fhe lake. M Nagle said he mould ask the CNes ,~
£orcement Officer to rove ig3te. Matron carried byra unanrimus roll call mote.
10. PUPLIC IffMIIO, OtIDIlPME [O. ]43 - Mr. Ko rea3 by title and said he had proof
of publication. Motion by Commissioner Faulkoer~, n econaed by DepNayot Cnldbetg that
public Fearing be closed. Mot on carried by a wani us roll call vo e. Mo to
Co~rndssionet Iormaw, s corded bytCOmmissioner Faulkner that Ordinante Ns. t]43 be adopted
Motron torrid by a unanlrtous roll call mote.
11. POBLIC OARING, OlIDIN4.~E [J). ]44 - Mr. Ko rea3 by title and said he rid proof
of panlication. Motion by Commissioner eaulknet~ econdd by cepMayoc Goldberg that
pcblic hearing ne closed. Motion carried by a toll call w n by
Commissioner Faulkne[, corcld by Commissioner Myetsttnat Ordinance No, t149 be adopted.
Motion torrid by a unanvrous roll call mote.
u. eDHCIC HFARIMG, olmllwer~e eo. ]as - Mr. Korman read ny title aria solo ne nal proof
of publication. Motion by Commussioner Faulkner, secoNd by Gep4ayot Cnldnerg that
public hearing be closed. Motion carried by a roll tall mote. n by
Cononissioner Panikner, ecoedd by DepNayor (bldberg that Ordinance M. l45 beMOadoptd.
Motion wr[id by a ueanr~rous roil call mote.
13. DBLIC HEARING, OI~II SNLB !A. ]46 - Mr. Ro rea~] by title and said he had proof
of application. Motion by Commissioner-Faulkner~n ecordd by DepMayor Goldberg that
public hearing be closed. Motion ta rid by a toll call mote. Motion by
Cnrtmtissioner Faulkner, ecordd by DepMayor Goldbergrthat Ordinance ND. ]46 be adopted.
Motion carried by a unanvrous roll call mote.
;/` 14. PHBLIC F~ARI!]G, OFIDIlNlS£ 4A. ]4] - Mr. Korrzan red by title and said he had proof of
publication. Motion by'COmmissioner Myers, secoedd by Cortmissi aulknei that public
hearing be closed. rid by a toll call w by cepnayot
Lbldbe[g, ecorded by tCOmmissioner Myers that Ordinance Nn. ]4] be tadoptd. Motron
carried by a unanrnous toll call mote.
15. PUBLIC kt~ARING. COMITIONPG [LSE AF~%IF.ST FOR A[Htl rFncING AT 15o E. SR 434 (TOPS 1 AND
2, 11'IIXi). Nagle describd location of property. Charles Heffner
asked now iris LPA voted on Ue request and Commisaione[ Myers said they had i ommended
approval. M[. Nagle aid he had [ orturended that a fence be a stied separa my the
property Eton the duplexson she property wnich the i.PA did n cec itl aid he said botn
properties ee owned by Mc Hattawy. Mr. Michael Ha oaway said the use Could he fo[
long leases of ca s for periods of 2, 3, and 5 yeazs. Ttmte was further
dis pro 0 on by Commissioner Faulkner, ecoMd by OepMayo Wldbecg
tnaNa~uc near; nee tlosd. Motion rid by rola rau wee.
lyecs asked if the duplex xas being t ntd and whethetsa fence mould be
Conmis~sione~ Nattaway said the duplex w entd and said he did no[ believe a fence xas
sary. Cgm'ussionec Myers askd now many cars mould ne larked beni`d the building aM
fires xay said less than 6. Carvnissioner Iocrtann asked about the r omeedation for a
of 4 display leasing daces a'd Mr. Nagle said that uss what he ommeeded.
Commussioner Faulkner asked if ca s displayad for lease nod to be behind trier barricades
and said Flee[ Lea.ieg w of ~~lying e requirement. said t
to have lease ca ssbehiml barricadesCt on by OepaayoMr Goldberg, eoeddtaby
fryers that Coeditional Use be granted, cried by a eeot 4 1
with Ma c Slrerilson, cepMayor Goldberg and Canmissionerst[otmaw and Myersvw in9 Ari owd
^,COriaassonet Faulkncr'wting May.
lfi. POHLIC HEARING, OIe7IM+f1_'E !D. ]4H - 19r real by title- and said he had proof
of publication. Mr. Psn Syunson asked ChatKthe stret_s reaa~n cload. Mrs. Wrens
lo. eaBLlc ^`erNC, o~mlewNCe w. 343 - Mr. Koraan real by ciao ana aaia ne na3 proof 1
of publication. Motion by cam,dsaionar eamkner, ecoaaa by Hepwyor folaberg tnae
public hearicg be closed, r[ied by a anon emu toll call w e. Motion by
Coimmissioner Wrmann, semndedMbyrCOmnussioner eaalkoer that Ordinwce Fb.t]43 be adopted.
Motion carried by a unanr~rous toll call mote.
11. PUBLIC IffA[tING, OIT7IIANCE CA. ]44 - Mr. Kornan [cad by title and said he ha3 proof
f publication. Motion by Conmissioner Faulkne[, econded by HepMayo[ (bldbe[g that
public heating to closed. Motion carried by a wan emus ,toll call,.. e. M Lion. by
Comnissioner Faulkne[~ semeded by Commissioner. Myers[that 0[din wt]44, headopted.
Motion carried by a unanrimus roll call mote.
12. PUBLIC HEARING, OKDIlNNCE N0. ]46 - Mr. Korrtan read by title and said he nod proof
of. publication; n,_by Conmussione[ Faulkne[~ emmkH. by oepxayo[, (bldbe[g that
public heaci~g pe~closed. Motion ce ed by a toll call. Motion by
Conmi.ssioner Faulkne[, ecorcled by DepNayor Wldbe[g thatu0rdinance ~. ]45-lie opted.
ib[ion carried by a unanrrtous toll call mote.
13. PUBLIC HfARIIG, 0lIDIlAt4CE [a. ]46 - M[. Korman real by title and said he had proof
of application, n by Camni55ione[ Faulkne[, ecoMed by cepwyo[ Cnldberg that
pablic heacirg beyclosed. Motion ra [i H by a roll call w Motion by
Convnissioner Faulkne[, econded by UepMayor Goldbergithat Oedinance fb. t]46 be adopt H.
Motion tattled by a wani~mus roil call vote.
14. PUBLIC IR~ARII~, OLmINRlCE NJ. ]4] - Mr. Kocmui re~ by title and said he ha3 proof of
publication. Motion by Coimdssione[ Mye[ corded by Commissione[ Faulkner that public '\
hea[ieg be closed. Mo ion ca[ci H by a unanirtous toll call mote. M ion by [lei yo[ 1
(blaberg, semerled by tCanmdssioner Myers that 0[dirance Na. 747 be tadopt H. ion
carried by a wani~rous roll call mote.
15. PfIBLIC FffARING, COfDITIONPL USE REQOES tVR AON LC~65ING AT 15o e. SR 434 (IAfS 1 A!D
2, PAPoIEFS AWTTION). M[. Nagle dese[ibed location of p[ope[ty. M[. Charles Heffner
azked how the LPA voted on the rca7uest and G missione[ Myers said they Aa9 r amre~ed
ec
app[oval. Mc. [ogle said ne M1ad ce~e~ded tttae afence ne erected,. separatirg the
property from the duplex on the property which the I3A did n aminnd and he said bolo
properties owned by: M[. Hattaway. M[. Michael Hattawayesaid the u weld ne for
long leases of c s Eo[ pe[iods of 2,. 3, and 5 years. Ther fu[ther
disc pro o a[ Motion by Crmmissioner Faulkner, econded by [ultwyo~ Goldberg
tnatrspublic heazirg nbe closed. Motion ca rigid by a Coll call
Commdssione[ Myer asked iE the duplex was being rented and whetnersa fence mould the
erected. M[. Holloway said the duplex was rented and said he did not believe a fence was
scary. [ nryecs asked how nary cats weld ne pa[ked behind the building and
away saidsless than 6. Commissioner Co asked about the recrnmnrclation fo[ a
tof 4 display leasing sFaces and Mr. Nagle said that was what he mmnnded.
Comnissioner Faulkner asked if cars displaye3 for lease had to be behind the[ barcirades
and said elect [c ing was not wmpiying with the cequirement. said the in ent
have leaze c cs behind ba[riwdes. Motion by BepMayo[r Cnldbe[g, ecordedt by
c~,mis~iona[ Myers tnae condieional uaa be grantea. ciao by a mote of 4 to 1
vi[h Mayor Sre[ilson, UepMayoc Goldberg and CortmdssioneMStlarmann and Myers v ring Aye and
Coimriis.,ioner Eaulkne[ voting Nay.
16. PUBLIC FffARIFIG, 0[NINMCE M. ]48 - M[. Korman [cad by title and said he had proof 1
of publication. Mr. Fen Swanson asked that the st[eets cemarri closed. Mrs. Loee[ta
z9s
]bea and M Mark Teddec asked that the st eels c closed. wlkne[
sulmittcd a petition with 26 signatures asking that Lamont Avenue and~Snadown Trail be
opened. M aulkner said when [He streets we closed, Myrtle lake Nills Road w wpaved
and people did use Shadow hill SLlivis' M[. Faulkner aaid Myrtle Lake Hills Read w
mw E~a['ea ana ene a true snaaow '~iil Has been aevelnpea wnicn eliminates ehe neea
for the roads to berclossl. aulkner said it mould be safer fora nunbec of Shadow
Hill cs,idents to se Myrtle lake Hills Aoad [o each E Williams n than travel tnrougn
Shadow Hill. Mc. seat Jeff asked tna[ the st Eclosed aue to the serious na
of [he problsirt. M[. A[t Stuckey asked thatlthe streets closed. ntuby
Comnisaionei aulkner, eco led by Commussioner Myers thae the p.[bl is hea[i[g betclosed.
Fbtion carried by a roll call mote. Camniss er Myers suggested that the
bai[icades be reroved fora rial period t if the problem rnued. Cgmtissioner
Faulkner asked iE the Cw s mould n t beau ated and abandosl and M aid
he did not believe that mould solve the problem. ac Mr. Korman said the Conmdssiocnshould
determine if Ne problan in Shadow Hill xes different than any other subdivis' the
City. Dp. Nagle stated that another City had solvl a similar problem by installing speed
Mmes ar~d Mc. Korman said that mould c eate a Hazard. Faulkner said the streets
had bean tenpoea[ily closed for 18 aunths and he asked that [hey l open] fora 90 day
trial. bepMaror Goldberg said he Gwugnt the traffic problem in the subdivisi would he
helped if the roads mote open al traffic going to Rock Lake School tamed right after
itieg off Myrtle Lake Hills Road. CepMayor Goldberg suggested that ehe toads be open]
o determine iE a p[oblam still exist]. Motion by Commvssioner Faulknec, secoled by
cep^fa}ro[ Goldberg that Ordinance Ns. 74H be tabled until a wrk session was held. Motion
c[is3 by a roll call mote. The Comission schedull a wrk sessron for
xkdnesd[.y, Decenber 38, 1985 at 7:30 P.M.
POBiSC 13F.9RIHG, OFDZt14tiCE NJ. 749 - M[. Konian read by title o:dy al said he Had
proof of publication. lotion by Conmissione[ Myers, secoll by Cwmnissione[ Faulkner
that ordinan "149 be tabled until January 6, 1986. Mot[on carrie3 by a wanvmus
roll call wte.w
18. THO Heating was recessed from 9:25 p.m. until 9:35 p.m.
19. PHFYIC PAFQ'tCIPATION PF1tICD:
. Fay Yoo[hees objected to the traffic co Jestion caused by the Longxood
parade.
b. M[. hard Lu[ crnv~endsl the City Commission and the Parade Committee £oc
their outstanding acosmpl istments in putting on the .]tirade o such shod n Mi.
Linton Baia Maroc Srerilson al Bill Goebel, Rec[eatcon Orrectoc, deservedCespecial
reco3e[i{.ion for their efforts.
?H. GI'l.Y AHMINI RtlR'H A¢pRP:
MaE'o[ Sire[ilson said Mr arming was arable to be presents ehe was ill and he
azked Mr. Terry if M Had any cepocts. M Terry said 6 firms hadrsuHmitterl pcoposals to
be wnsidered Eor City Audio[ and he suggests] that the Commission schedule briefings by
ach firm foc Monday, cecerzber 16, 1985. 1Te Conm:ission scheduled a wek s
[. at 6:?0 p.m. and the regular rtze yn_ t cont[nue at 8:3C p. m. on Uecenbern 18,
~rrtmenc
M[. Terry advisee that a total of 16 applications had been received fo[ the positien
of wilding official. said mpies mould be made Eor each Conmassioner. Terry
suggested that the Commission review [he [a3uests and determine whim candidates NeS
fished to interview a xork s The Conmission agte~ and scheduled a w[k sess
for Tuesday, Decarbertl], 1985 atsfi :30 p. m.
Terry aid Naming Iva the rzenbers of the Crnmtission
suggesting that the City advertise the Wngwood/take Mary P[ope[ty Eo[ sale using an open
bid process. Tne Crnvnission autMrized advertising the property for sale, but specified
sealed bids with Che City reservirg [he tight to [eject any aM ail bids.
Mt. Teary said Mc. Marmug h~ suggestM that the Ci[y Cononission meet wi[n the
Chattel Aavisoiy Committee in a joint work sessio on Smuary 20, 1986. The Commission
agreed [o delay setting a work session wtil a£tecnNe first of the new year.
21. CPM ATNAIEY'S RENRl:
said M[. Mamicq had signe3 a mpy of [he eiployment aq[earent prepared
for him and authorized by the Comrtdssion. suggested that the Cortmdssion a cept the
avployment ag[e~ent. Motion by Ccmmissionet Faulkner, seconded by OepMayor Cnldberq chat
the eiployment agreerent between the City of wngwoed ma M[. tanning be acceptei. Motion
ra[[ierl by a unminous toll call mote. '
22. MAYOA Atli Cl]RIISSIONEF. RFIVIS:
Mayo[ Szerilson read a letter from M[. Jairts G. Nicholson ewmerding the Iangwaal
Police IRlurtment for their azsistance to him in a titre of great need. Mayo[ Sme[ilmn
mgratulated Ne Police Oepartnent and thanked then for the excellent traffic control for
the Wngwood Parade.
b. Conmdssioner une Wrmarin said Sergeant Stephmie Ry nad been selecteH
Police Office[ of the rear by the locgxosd/Winte[ Springs A[ea Chanter of Conmerce and she
said she had accepted the award on behalf of Sergeant Ryan s she tes unable to be
present. Camtissioner Wrmann aid Sergemt Ryan mould [ e the award a the next
[sgula[ chants[ ~reetinq, Camnissione[ Iu mcg[a[ulatsdeeveryou wl d for their
outstanding wtk o she w[9koed parade. CgmNSSioner Inrmam esard the [nngwoM
Ristor icai Society nhad delayed the ce[arorry for a historical marker rn front of the
Iarrtiwood VEllage Inn until January 1986.
repMayor Coldbe[g cocg[atulat H Mayo[ Sre[ilson and everyone responsible for tle
outstanding ps[aae.
d. COnmdssione[ Myers asked the Carvvssion to autM[ize givicg a permanent key t
the Woodcarvers Club for the Comnwity wilding. said there Fad been sere difficulties
the past and F said a permanent key would solvlev the problem. Tne Commission ageecd
aM authorizN delivery Of a key, net Myers also asked that a bcocm be pu[chasrd
to clean the building. Cmunissioner Myersrasked the Comntission t appoint a ret pees
judge q,[ise,as aeroratiom ma ne te~omrerdea ends me c~dsaion auttw~ize it
_p~ize of $1DD.DD~ 2nd prize of 550.00 and 3rd prize of $25.00 for the best deco[atedahanes
[nngwod, suggestel this might c sate problsirt in ew of the nest
separation of CFwcch and State. Tfre Cdrvnission ag[eeavrthat although CI
Suggestion was excellent, public Tunas could no[ be obl igat H.
Faulkner asked [hat the p[operty located at 663 C¢orgia Avenue be
inspected doe and smoke problao. M[. Te[ry said Me mould ask the C les
piforcenent Officer to rmes[igate.
Motion by Cgmnissioner Faulkner, second N by DeFMayo[ Cnldber9 that approved bills be
paid. !b[ion ca[ried by a unanvroos roll call mote.
23. The meeting adjourned at 10:00 p. m.
Mayor ity of [n~wood, e o[ida
ATIPST: ~._._~/
®/,Pp~ !>
City clerk