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rip rap and then disagreed. <br /> <br /> Mr. Gilliam replied tha~ th4e church's engineer had submitted a site <br /> plan showing the rip, rap, as required by the Planning Commission, but <br /> when the church, learned the cost of the rip rap, it felt it had to <br /> pursue other alternatives. <br /> <br /> To a question from Mrs. Gleason on the amount of the bond the church <br /> was willing to offer on the stream bank, Mr. Gilliam replied that the <br /> <br /> City engineer and City Attorney could set the amount and a reasonable time <br /> limit. <br /> <br /> Mrs. Gleason commented on the problems involved if the church re- <br /> located from the Cherry Avenue site. <br /> <br /> Mr. Wiley stated that he was concerned that the church apparently had <br /> initially accepted the rip rap requirement and then changed its mind. <br /> <br /> Mr. Leroy Bruton, Prsident of Johnson Village, Inc., and an <br /> <br /> adjacent property owner to the church, stated that he was concerned that <br /> the steep bank created by the church on its side of the stream would cause <br /> water to rise onto his property during major storms. Mr. Bruton stated <br /> that he resented having to pursue the matter when it should have been <br /> the City's responsibility and objected to City Council hearing the church's <br /> appeal. Mr. Bruton added that the City should have cited the church for <br /> its failulre to comply with the site plan. <br /> <br /> Mr. Berberich stated that there was no data available on flooding <br /> <br /> of the stream, but that the capacity of the banks adjacent to the church's <br /> and Bruton's property is greater than that of the pipe under the Cherry <br /> Avenue area upstream from their properties. Flooding is herefore unlikely. <br /> <br /> Mr. Barnes requested that Mr. Berberich comment on the undercutting <br /> <br /> of the stream bank. <br /> <br /> Mr. Berberich stated that the stream bank was similar to many other <br />unimproved banks around the city and that, as with other streams, there <br />was some evidence of erosion of the bank. <br /> <br /> Mr. Barnes asked Mr. Berberich if his recommendation that rip rap <br /> <br />not be required remained the same. <br /> <br /> Mr. Berberich stated that his recommendation remained the same. <br /> <br /> Mrs. Gleason asked Mr. Berberich what the potential for harm was <br /> <br />and how expensive repairs would be should flooding occur. <br /> <br /> Mr. Berberich stated that the type of storm that would cause severe <br />flooding would be extremely infrequent but that when it occurred it could <br />spread out onto Mr. Bruton's property, but he felt damage would be minimal. <br /> <br /> Mr. Huja reviewed the chronology and stated that while he felt less <br /> <br />rip rap could be used than the Planning nCommission required, the Planning <br />Commission's purpose was to'act cautiously to protect the health, safety <br />and welfare of the community. <br /> <br /> Mr. Barnes asked Mr. Huja what Mr. Michael Bednar's (Planning Commission <br />member) reasons were for casting the only vote against the 240 feet of <br />rip rap. <br /> <br /> Mr. Huja stated that as he recalled, Mr. Bednar favored a compromise <br /> <br />of less rip rap. <br /> <br />47'9 <br /> <br /> <br />