12/16/1986 Meeting Minutes - Laserfiche WebLink

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Council Minutes of 12/16/86 -5- e. Bradley Oaks Estates Subdivision, preliminary plan, a proposal ,~;~ to create twenty-one sublots and install a new road (Oakwood Circle) on Permanent Parcel 233-4-1, located on the west side of Bradley Road, north of Barton Road; property is currently zoned B Residential. Planning.Commission approved the preliminary plans on October 14, 1986. Mr. Logan moved council approve the preliminary plans for Bradley Oakds Estate Subdivision as per committee's recommendation that this is the best use and layout for the property, second by Mr. Rademaker. Mr. Wilamosky objected to acceptance of the Bradley Oaks Estates Subdivision preliminary plan due to the planned cul-de-sac of 630 feet being in excess of the city's code; feels the drainage could be a tremendous problem in this area; there have been a number of cases of encephalitis, carried by mosquitos, which thrive in this wet area. Mr. Gareau stated that the Planning Commission did look at the length of the cul-de-sac; asked for an opinion with respect to it; Law Director does not think there is anything sacred about the length of a street that has a cu1- de-sac. He was somewhat bothered about the Park Board's position regarding mosquitos; they do not seem to be doing anything about breeding conditions over in Bradley Woods and have urged the city to reject this subdivision be- cause of this health hazard. Law .Director does not know if this will make it better, make it worse, or really make no difference at all. The Park Board was free to use its powers of eminent domain to appropriate this property and chose not to do so. Mr. Rademaker said that he would object. to using that provision of the code, which prohibits cul-de-sacs over 500 feet, as a pretext to object to the development of this lot if there is, in fact, a mosquito problem. The city should exercise other powers to control that situation, other then citing a code restriction prohibiting cul-de-sacs of more than 500 feet. Mr. Logan noted that the Fire and Police Departments had been contacted with respect to any possible problems with regard to safety in the area, based upon the length of the cul-de-sac; specifically, could afire vehicle get to the end of the steet, make a turnaround, and come back. There is no problem as far as the Safety Forces were concerned. As for the drainage problem, that indeed has to come back before the city; the development may not even be realized; many proposals get shelved and never see the light of day. Council does have the potential power to control and get involved to make sure the proper drainage is installed and this will all have to come back before council. Mr. McKay asked what the city's liability would be if someone got encephalitis from a mosquito and council had permitted the development; Law Director replied, "zero". Mr. Wilamosky pointed out that while the Park Board has the responsibility to maintain the natural hab itat and environment of Bradley Woods, it is the responsibility of the County Board of Health to maintain mosquito control. Roll call on motion to approve the preliminary plans for Bradley Oaks Estate Subdivision as per Planning Commission and BZD Committee recommendations, second by Mr. Rademaker: Affirmative vote: Lackey, Logan, McKay, O'Grady, Rademaker. Negative vote: Wilamosky. 5 Aye - 1 Nay - Motion carried.