2000-13 AMENDING PLANNED UNIT DEVELOPMENT

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detention area, cannot landscape on the East side of premise; parking lot extended at same grade and new building will be constructed approximately 6 inches higher than the parking lot grade to meet handicap accessibility code; berm height will be a minimuxn of 3.0 feet and a maximum of 3.5 feet adding the berm should help control drainage and force water into the detention area; structure will be one story with same or similar materials with the same pitch roof. Mr. Penwell responded he would not agree to voluntarily submit the single family lot as greenspace for 50 years when asked by Mayor Howley. Mr. Penwell acknowledged the area South of the proposed development will remain a greenspace and that he also agreed with the provisions as outlined by Mr. Cochran. Susan Dudley, Brad Brown and Gary Crowley appeared in opposition stating residents do not want additional buildings. Following discussion regarding the various stipulations, Councilman Burton moved the ordinance be amended at Section 3 (a) to read "That the development be in accordance with the site plan dated February 9, 2000, and labeled Exhibit A thereto and in accordance with the agreements regarding minimum berm height, greenspace on the South side of the proposed building, building elevation and construction, as set forth in the minutes of the City Council meeting dated March 20, 2000, and labeled Exhibit B hereto"; seconded by Councilwoman Sands, and on call of the roll, Councilmen Brinkoetter, Burton, Laegeler, Sands, Stockard, and Mayor Howley voted aye. Councilman Carrigan voted nay. The Mayor declared the motion carried. Upon call of the roll to approve the ordinance as amended; Councilmen Brinkoetter, Burton, Laegeler, Sands, Stockard, and Mayor Howley voted aye. Councilman Carrigan voted nay. The Mayor declared the motion carried. An ordinance vacating Portion of an Alley located East of North 22nd Street between East Geddes Street and East Hickory Street on petition of Jerry Pressley,was presented. Jerry Pressley, petitioner, stated he would like to vacate a portion of the alley in order to deter vandalism to his property. If the vacation is approved, it is his intention to erect a fence from Lot 24, Hickory Street, to Lot 9, Geddes Street. City staff responded to Council's questions stating both city staff and Plan Commission � recommend denial because the vacation would create a dead end a11ey of over 400 feet; occasionally the alley has been blocked by campers from Mr. Pressley's RV Center; purpose of '� vacation is to fence in property to deter vandalism; petitioner intends to close off the alley during '� the evening hours (after 6:00 p.m.); and the property owner located on the east end of the alley �, objects to the proposed vacation. ', It was noted the ordinance only vacates that portion of the alley that includes Lots 13, 14, I�, 15 and 16. The ordinance does not include Lots 12, 11, 10, and 9, which Mr. Pressley earlier indicated he would like to vacate.