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<br />Page - 2 - <br /> <br />the property in its entirety, since the church wanted to build there. <br />Don't recall that we ever admitted liability. Note on the bottom of the <br />letter $442.00 penalty clause to the contract - after 50 days delay attorney's <br />fees $500.00. Max Sanks hand writing - in conversation with Jack Jevens <br />attorney stated under no circumstances would we pay $2,690.00. Hr. Jevens <br />agreed. Church built over water line was 185' out of easement. <br />CAH1\NCI: Bill you said you could make that tie on the north and south ends, you <br />will have to wait. <br />AJAX: We requested payment 3 mont~hs ago. <br />MR. w"URL: I would recommend that Council authorize payment ~;4,900.50. <br />Motion by Jensen, seconded by King to pay Ajax. Motion carried. <br />REZONING REQUEST: <br />Hiway 42 and South Boulder Road. Letter from Planning Commission in regards <br />to rezoniT'.g to business zone 3-J Zoning request following is recommendation <br />for business - Public hearing held December 21, 1972. Moved to recommend <br />to City Council that the zoning be established as ED (Economic Development) <br />on this 5 acres. Eearlies"t date for Public Hearing February 6, 1973. <br />BOB LORD: Representing 3-J - if it is zoned ED would cause a financing problem. <br />KING: The reason for ED was not to tie present development. Business zoning we <br />allow any type of business. Once the land is sold we lose all control of <br />what goes in there - with ED Council could still maintain what kind of busi- <br />ness goes in there. <br />PERCY: Reason Planning Commission wanted it ED is we had too much static. Very <br />undersirable to have manufacturing plants in business district. <br />Motion by King, seconded by Scholl that we concur with Planning Commissions <br />recommedations... Roll call vote - Debo:t!ski yes, King yes, Jensen yes, <br />Scho.Ll yes, Domenico No. Motion carried with one no vote. <br />Date set for Public Hearing - February 6, 1973. <br />MR. 't1URL: Read request from Johnston and Hancock to consider replatting of Lots <br />8 & 9 Cottonwood Manor. Planning Commission received request to replat Lots <br />8 & 9 into four individual plats. Planning Commission made motion to recommeno <br />to City Council stipulation that it; conforms ,,\'i th t.he original contract. <br />No more density permit.t.ed. Each plat will have 5,000 feet. <br />KING: Make sure they meet. all zoning requirements. Hotion by Deborski to accept <br />the proposal with the ~;tipulation 1:hat they must. abide by zoning requirements <br />and seconded by King. M01:ion carr ied. <br /> <br />WOOD BROTHERS ANNEXATION: <br />i'ir. ~^iurl: Wood Brothers representatives would like to submit a preliminary plat <br />and asked that they obtain the council's approval on the potential and feasi- <br />bilit~f the proposed annexation. Motion by Deborski, seconded by Scholl to <br />submi t to the Planning Commission for furt.her detailed study. Hot,ion carried. <br /> <br />FRANK NOVAK: Presented three things for Council's approval relating to Sproul. <br />1. Land use and circulation plan - identical to that which was presented <br />last September. <br />2. Sequential plan that we have nOlt; one through 4 which they would propose <br />for annexation in this particular order based on one-.sixth contigui ty <br />requirement. <br />First one continguous to the school if this is submitted and approved <br />t.hen the next three would be submi tted. The t.racts to be annexed and zoned <br />