BOOK 26_1955-11-28 to 1957-06-17

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d r--: signed by the whitmores, Gersmiers, and Feinbergs wherein they agreed that in the event said petition is .approved the following restrictions shall apply: 1. That a minimum of 1500 sq* ft* of property.be required for eadh living unit; 2. That no buildings shall exceed two stories in height nor an overall height of thirty (30) feet; 3. That all buildings shall be subject to architectural approval of the City Planning Commission or City Council. There was a very lengthy discussion in favor and against the rezoning. Mrs. Mae Link, 149 Wellesley Crescent, spoke on the.subject but she did not speak in favor or against the rezoning. She felt the matter should be given a good deal of study. Councilman Spillers moved to refer this back to the Planning Commission for further study. The Mayor asked the City Attorney if this could be done without closing the public hearing. This question was answered and was followed by discussion. Councilman Spillers moved that the public hearing be closed, seconded by Councilman Herkner. The City Attorney asked if.the petitioners would take this up as a new matter before the Planning Commission. Mr. Lebsack agreed to this and also.agreed that it was all right to close the public hearing. The motion carried. Councilman Stout moved that this information brought before the Council tonight, and in view of the fact that these facts were not brought to the attention of the Planning Commission, that the matter be referred to the Planning Commission for consideration. Councilman Granger was of the opinion that the attorneys should take this matter up before the Planning Commission and not at the request of the Council. This was followed by discussion. Mr. Lebsack and Mr. Thorpe stipulated their willingness to refer the matter again to the Planning Commission. The City Attorney stated the proper action would be to refer this back to the Planning Commission to hold another public hearing and reconsider the matter because of the new facts. Councilman Stout stated that his motion was not for the Planning Commission to reconsider the matter but to just consider the matter. This was followed by discussion. Councilman. Spillers seconded the motion which carried. All the material will be forwarded to the Planning Commission along with a letter requesting the Planning Commission to mail the usual post card notices. SIDEffALK COMMITTEE REPORT. The Clerk read the report. The Mayor asked that they take up each item one at a time. Notice Nuber 162, dated November 30, 1956, Lots 1 and 2 less strip to Highway,•Finger Park, Jess E. Smith — Committee recommendation: Work is to be completed at once by City's contractor; owner to pay additional costs of maintenance of lights and barricades. (NOTE: City Council granted extension of 60 days on December 10, 1956, and property owner was so notified. No .request for additional extension was made by owner. Work was finally ordered by City March 28, 1957. Councilman Spillers, at Council meeting of April 8, 1957, requested that contractor be ordered to stop work. Contractor had already completed excavation and set forms for side- walk on both Finger Avenue and E1 Camino Real. Council requested City Engineer to investigate. Contractor advises.approximately $206 expense occured as of April 9, and maintenance of lights and barricades would cost up to $2 per day for any further delay.) Councilman Spillers stated that Mrs. Smith was selling the property and it would be used for commercial use. He did not think it right that Finger Avenue side of the property had to have sidewalks. There wasn't any allowance for driveways and when the trees were taken out he felt sure the sidewalks would be broken and have to be fixed again. He was of the opinion that they should proceed with the sidewalk on E1 Camino ReAl. This was followed by a very lengthy and somewhat heated discussion as to what action had been taken previously on this matter and the possibility of future development of the property in question. Councilman Weiss moved that the recommendation of the committee be accepted, seconded by Councilman Stout. This was followed by discussion after which Councilman Spillers moved to amend the motion to go along with the property owners and go ahead with the sidewalks on E1 Camino Real and delete Finger Avenue, the property owners to fill the section on Finger Avenue with dirt. This was followed by a very lengthy discussion. the Mayor restated the motion as amended, the E1 Camino Real sidewalk would be put in immediately, the Finger.Avenue portion of the sidewalk will be abandoned and the property owner would pay for any expenses occurred by the City, contractor to fill in the area with dirt, this being subject to receipt of a letter