11/13/2001 Minutes - Laserfiche WebLink

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mound extended. Mrs. O'Rourke commented that the board recommended 24 more feet. Mr. Tallon commented that it is going to go up to the south edge of the proposed driveway. Mrs. Smith-Dorey thanked the board for their time. Bob Hebabrand came forward again. He indicated that there used to be a traffic light on Dewey and thought that it would be good idea to put one back in. Mr. Tallon suggested that it probably didn't meet the state warrants. A resident and Councilman Duane Limpert, 4921 Berkshire Dr., came forward to speak. He indicated that he had photographs of Lake Dewey during rain conditions. With a conditional use they may be able to have the developer do a little bit more, and questioned if there was any way some of the runoff can somehow be retained under the mound or something like that. Mr. Tallon indicated that all of the water that lands on the site has to be maintained on that site. So, there is no runoff, the runoff is the site itself. Mr. Asseff questioned if Mr. Limpert was saying they take some of the runoff down Dewey and divert it into the retention basin, which means the retention basin should be a little larger. Mr. Limpert replied yes. The initial major cost is putting in the retention that they are doing, it may not be very expensive to make that retention larger. If anything like this could be brought in, it would be helpful. That is part of the benefit of having it as a conditional use permit as opposed to rezoning it. Mr. Dubelko pointed out that KIA does not have a conditional use permit, it is use variance. The Board of Zoning Appeals sets the conditions for the use variance. He looked at the minutes and the only conditions they placed upon the use variance was mounding, lighting and those things. He doesn't think that drainage was mentioned at all, so he doesn't think the City can use the use variance to impose additional requirements from them. That is not to say that Halleen and the City could not cooperate together; the City doing some work in the right-of-way in conjunction with Halleen doing his retention to improve Dewey Rd. That is the legal approach to it. Sara Shimmelfane, 5212 Dewey Rd., came forward and questioned if there were lights on the mounds. Mr. Tallon replied no. Mrs. Shimmelfane indicated that she would like to know sooner than later in terms of how late the lights would be on. The CVS lights turn off at about nine o'clock every night. She questioned how much lighting is currently thei-e versus how much lighting is being proposed. Mr. Tallon indicated that there is basically no lighting there now compared to what they are proposing. Mrs. Shimmelfane replied that was her point. She thanked the board for their time. Judy Kellar, a resident from 5232 Dewey came forward. Mrs. Kellar indicated that she had a big problem with the lights the way they are now. There is enough light from CVS to light up that whole parking lot. KIA tore down the Partner's Bar that was on the corner. It was supposed to be totally landscaped with no cars. There are trucks parked on it and there is no landscaping or trees, which the residents were promised. She accused Halleen of lying to the residents. Mr. Hreha indicated that this whole thing disturbed him. Many of these agreements were made before he was part of this commission, particularly Partner's and the agreement on where cars would be parked. Now here we are faced with tiying to work with an organization and delicately balance the relationship between residents and a commercial property. He addressed N1r. Kula and commented that if it wasn't so insulting, it would be comical for him to stand up here and say that he has no comment on the parking issue. Topps came in because they are relocating and they went on their own and worked with the residents before they even came to talk to this body for the first time. They showed cooperation and everything went smoothly for them. Mr. Allan commented that he didn't know if KIA could do any worse than they have already in terms of their relations with the adjoining properties and residences. A reputation like that doesn't happen by accident, it takes some effort. It is unusual to see this in front of the commission, usually the developers put some work into developing relations with the people that adjoin them and normally people are reasonable and willing to work together. Apparently that is not happening in this case and he thinks it needs to start. The sooner, the better. 8