10/6/2015 Meeting Minutes - Laserfiche WebLink

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Council Minutes of 10-06-2015 discretion and approval of the city. The committee voted to recommend approval of the substitute Ordinance 7-0. The meeting was adjourned at 8:59 p.m. Councilman Schumann, Chairman of the Building, Zoning & Development Committee: The BZD Committee met Tuesday, September 29, 2015 at 6:15 p.m. Present were committee members Schumann, Barker and Williamson; Council members Brossard and Hemann; Mayor Kennedy, Safety/Service Director Glauner and Planning/Development Director Wenger. • Discussed was CMS15-4095 Proposal for demolishing two vacant structures to accommodate inventory display and storage parking for the Morris Cadillac Buick GMC dealership. One resident spoke regarding horn noise coming from the dealership. Mr. Morris promised that this product lot will help keep them organized, and offered to deal with the noise issue so Council doesn't have to. The committee voted 3-0 to recommend approval with the following conditions: the variances have to be granted by the Board of Zoning Appeals, a lot consolidation would have to be included and recommendations set forth by the Planning&Design Commission. Councilman Schumann made a motion to approve CMS15-4095 Morris Cadillac demo expansion and lot consolidation subject to the approval of variances and recommendations set forth by the Planning & Design Commission. The motion was seconded by Councilman Barker and passed unanimously. CMS 15-4095 approved 7-0. AUDIENCE PARTICIPATION Linda Schuler, 28710 Berkshire Drive thanked the majority of Council who voted to remove bow hunting from the deer management legislation. She opposes culling by any method, but the city has proven that there is some merit to reduce the deer population. She urged Council to use sharpshooters on public property, not in the neighborhoods, at designated times of the year while adhering to the quota. Henry Gabriel, 4685 Canterbury Road asked if it is possible to add a noise abatement component to the variance. Law Director Gareau said he does not recommend, and the Board has taken his recommendation in the past, to have conditional variances granted. That would be a condition that would not be included in any type of a variance request. He doesn't think the city can do that because he thinks it is not enforceable. If Council feels that legislation is warranted dealing with this specific issue, then a majority of Council could adopt legislation to deal with that particular issue. He has never had an issue arise as a site plan approval or development approval where they've dealt with vehicle horn noise. There is no noise control issue with respect to the utilization of horns in the capacity Gabriel is speaking. Councilman Brossard said he spoke with Mr. Morris earlier today. Based on that conversation, he is optimistic that the noise intrusions will diminish with the new configuration of his lot. Mr. Morris readily admitted that his employees were lazy during the construction period searching for inventory using the car alarm/horn. With the renovation coming to a conclusion, all of his inventory will be in designated areas and not warrant using the car alarm/horn. Mr. Morris said he took it a step further and required each of his employees to sign a personal contract indicating that 4