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Minutes of Regular Council Meeting of May 5, 1997 Page 2 of 4 Public Hearing-Vacation of Drainage and Utility Easement-325 Crestview Drive Mayor Werner opened the Public Hearing for comments on the vacation for drainage and utility easement at 7:07 p.m. Mayor Werner asked if there were any comments on this item and hearing none closed the public hearing at 7:08 p.m. Resolution No. 5-2-97 A Resolution Vacating a Portion of the Drainage and Utility Easement located at 325 Crestview Drive Moved by Councilmember Simacek, seconded by Councilmember Hicks to approve Resolution No. 5-2-97 a resolution vacating a portion of the drainage and utility easement located at 325 Crestview Drive. 7 Ayes;Nays,None. Copy of resolution on file. Setback Variance-325 Crestview Drive Moved by Councilmember Moratzka, seconded by Councilmember Hicks to approve a 2 foot side yard variance based on the finding that the applicant satisfied the variance criteria as follows: A. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same district. B. The literal interpretation of the City Code would deprive the applicants of rights commonly adjoined by other properties in the same district under the terms of Chapter 10. C. That the special conditions and circumstances do not result from actions of the applicant. D. That granting the variance requested will not confer on the applicant any special privilege that is denied by Chapter 10 to other lands, structures, or buildings in the same district. No non-conforming use of neighboring lands, structures, or buildings in the same district, and no permitted or non-conforming use of lands, or buildings in other districts shall be considered grounds for the issuance of a variance. 7 Ayes;Nays,None. �--� County Road 42 Project Mayor Werner identified public hearings had been conducted on this project previously. Jim Gillis, of 1976 Nininger Road, expressed concern over a previous assessment which brought City sewer and water out to the Hoffman Farm, cost of the project, and the location of the proposed bike path. Donald Denn, of 2036 Nininger Road,questioned whether there would be an option of where water and sewer mains would be stubbed and located. Mrs. Donald Denn, of 2036 Nininger Road, stated she would like a copy of the insurance coverage used by the contractors in the project. Joe Kane, of 2020 Nininger Road, stated he was concerned over the additional assessment and the extension of a ponding basin. Tim McInnis, of 1320 Lincoln Lane, requested a 30 miles per hour speed limit along County Road 42. Director of Public Works Tom Montgomery explained that the Commissioner of Transportation establishes the speed limit along County Road 42. Councilmember Moratzka noted that the County would conduct a speed study on County Road 42 after completion of the project. Pleasant Valley Addition Traffic Control Moved by Councilmember Simacek, seconded by Councilmember Yandrasits, for authorization for Staff to post no truck signs along the Pleasant Valley Addition Development if truck traffic presents problems in the addition. 7 Ayes;Nays,None. Council directed Staff to notify home owners and place a request by Conzemius Trucking for placement of a temporary gravel drive on an unimproved street right-of-way on a future City Council agenda for consideration. Purchase Offer-Industrial Park Property- Quality One Woodworking Moved by Councilmember Hicks, seconded by Councilmember Simacek to approve authorization to sell a site in the Hastings Business and Industrial Park comprised of Lot 1 and Lot 3,Block 6,Hastings Industrial Park No. 2,to Quality One Woodwork,Inc., subject to the following conditions: 1. Payment of($5.00)to the City at the time of sale.