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The White County Area Plan Commission met Monday, September 10, 2001, at 7:30 p.m. in the Commissioner’s Meeting Room, Second Floor, County Building, Monticello, Indiana.

Members attending were: Jay Clawson, Gary Barbour, David Rosenbarger, Charles Anderson, David Scott, Don Ward and Rick Raderstorf. Also attending were Attorney Altman and Director Weaver.

Visitors Attending were: Joe Maxson, Dorothy Maxson, Robert L. Kelly, Wil Davis, Robert L. Justice (attorney for Robert L. Kelly Inc.), Robert & Phyllis Conklin, Bill & Eleanor Williams, Elisabeth Nelson, Charlie & Cheryl VanVoorst, Norma & Jim Dowden, Shirley Buell, Janet Vogel, Sam Wright and Mike & Donna McCormieli.

The meeting was called to order by President Charles Anderson and roll call was taken. Jay Clawson made a motion to dispense with reading and approve the minutes of the August 13, 2001 meeting. Motion was seconded by Don Ward and carried unanimously.


#759 Robert L. Kelly, Inc. Requesting to rezone from A-1 to I-2 on 7.626 Acres. The property is located in the Town of Reynolds and in Honey Creek Township, West of 366 E. U.S. Highway 24. Tabled from July 9, 2001.

President Anderson asked, do we have anyone here representing this request?

Robert Justice stated, I’m a lawyer from Logansport. Mr. Kelly asked me to assist him with this matter because the Board had asked for a written commitment and he felt that he needed some legal input to get it in the right form and so forth. I went back and read over the minutes, which the Board has for the two meetings where this was discussed and it wasn’t exactly clear to me where the Board wanted the line drawn. There was some discussion of 100’, there was some discussion of different distances and there was some discussion if the line running straight North and South. The property, if you will remember, is kind of L shaped. So what I did is I drafted the commitment and there is some of it there in italics, between the brackets. The idea is, once we know what the Board wants if there is an agreement then we can fill in the blank strike out the other stuff and then we have a document and we all know what it is.

President Anderson stated, I think that we had to have at least 100’, isn’t that it Commissioners?

Don Ward stated, I believe that’s right.

Robert Justice stated, well, there is no requirement in the Ordinance that it be 100’.

Attorney Altman asked, Don, you have a better mind on the legal description. Which one of these would be the best one to use to comply with what we were requesting?

Don Ward asked, you mean the legal description?

Attorney Altman stated, which one of these 3 paragraphs here on the commitment that Mr. Justice has before us.

Don Ward stated, I just read them but one of them is along the first 547’, which does not go all of the way to the South edge of the property. Here is the South edge of this property, here I believe and it would take you to there that’s the one with 547’.

Attorney Altman asked, okay, so that’s the first one right?

Don Ward asked, okay, the other one, the next one would be 100’ in width along the West edge of the track running continuously from the Northwest corner of the tract to the Southwest corner of the tract. I think that means that we come down 100’ jog over and then down, isn’t that right?

Robert Justice stated, that’s what I had in mine.

Attorney Altman asked, and is that, that would cover the whole…

Robert Kelly stated, the whole West side.

Don Ward stated, West side of the property, yes.

Attorney Altman stated, West side of the property, okay number 2 is the whole West side of the property.

Don Ward stated, what it is, is it puts a jog in that actually there is, I assume that we have to have 100’ off of the North line of that little L shaped.

Attorney Altman stated, yes, so it would be 100’ continuous along the whole West side.

Don Ward stated, right.

Attorney Altman stated, okay, so that, and that’s what the second paragraph appears to say right?

Don Ward stated, right.

Attorney Altman asked, and the third one isn’t particularly needed then, is that right.

Don Ward stated, I read that.

Attorney Altman stated, I guess what I’m saying is, that speeds us up a little bit, is what I’m thinking if you look at that.

Director Weaver asked, do you have another copy of that?

Robert Justice stated, yes, I do.

President Anderson asked, is there anyone in the audience that is worried about this here?

Attorney Altman stated, I gave him a copy of that.

Don Ward stated, I think the third one would just be a straight shot on whatever width that we decided off of the side without the alley. In other words, it would just be straight down.

Attorney Altman stated, so that the one that you believe that we talked about in the meeting would the 100’…

Don Ward stated, it would be number 2 I think…

Attorney Altman stated, insert the word 100’ and paragraph 2, would be what we’re talking about.

Don Ward stated, all of the way down.

Attorney Altman stated, from the point of view of the dimensions, okay. Does the Board understand that and do folks all understand what we’re talking about? The 100’ would be along the entire West side as well as 100’, when it jogs to the East right it would be 100’ there and then along the remaining of the West side as it goes to the North.

Robert Kelly stated, I have a drawing here that shows that…

Attorney Altman stated, let me show that to your folks so, that you can understand, show these folks. Then the neighbors would know, that’s what I mean by the jog and the 100’ in there so it isn’t, just 100’ to the West, it’s that jog also so there’s protection there. Again, I don’t ask you to agree but, I want you to understand what Mr. Justice and the Board is considering right now.

Charlie VanVoorst asked, so actually, you’re saying that it can be closer than 100’ to my property line by doing that. Is that correct?

Attorney Altman stated, no, that says it would be 100’.

Charlie VanVoorst stated, that says 75’…

Robert Justice stated, okay North…

Don Ward stated, no, down back and then over but, this distance in here…

Attorney Altman stated, is 100’.

Charlie VanVoorst stated, 75’ on each side of that, so it’s actually about 60’.

Don Ward stated, I see it drawn straight through…

Attorney Altman asked, as I understood Mr. Justice, isn’t that intended to be 100’ away from his property even at the L?

Robert Justice stated, I understand that what we’re talking about with his property would be this area right here that’s…

Attorney Altman asked, do you want to come up and look at this with us?

Robert Justice stated, the top of this, this is the survey, which has been recorded of the property, at the top of the survey is North.

Attorney Altman asked, but, there would be 100’ away from their boundary…

Robert Justice stated, I believe so.

Attorney Altman asked, Don, do you understand, is that 100’ away all of the way around the boundary?

Don Ward stated, it shows 75’, it shows 75’ right there.

Robert Justice stated, this drawing is not perfectly to scale…

Don Ward asked, you want 100’ there and over there?

Robert Justice stated, yes.

Don Ward stated, okay.

Attorney Altman stated, what I understood that it’s 100’, 100’ along the entire boundary of the rezoned, the property proposed to be rezoned and that includes the jog all of the way around.

Don Ward stated, that’s the drainage maintenance easement, White County Drainage Maintenance easement.

Robert Justice stated, that’s the idea, it’s 100’ continuous from here 100’ here, 100’ there. My drawing may not be perfectly to scale but, I think it’s accurate.

Don Ward stated, that’s what you mean…

Attorney Altman asked, do you understand that his drawing only shows 75’, when in fact the commitment is 100’ back? Are you with me on that?

Don Ward stated, sure.

Attorney Altman stated, okay, I’m not asking you, again I just, all of us to be on the same page when we come to presentment.

President Anderson asked, do the Commissioners have any other questions on that? Do you have any questions about the conditions on there?

Attorney Altman asked, Jay, do you have any further comments about the fence or the vegetation fence there you would…

Jay Clawson stated, I was looking, what we would have in our requirements for fencing were real vague.

David Rosenbarger stated, there is something in there from I-1 or 2 goes up against residential…

Jay Clawson stated, yes, but, it just says fences and screening, I didn’t see, I know that it says that but, in our fences and screening it doesn’t say that it has to be a certain grade.

President Anderson stated, but, with that going up against residential, you have to have a buffer in-between…

Jay Clawson stated, yes, you do have to have a buffer but we’re wondering if it had to be specified that it’s an approved fence. A fence approved by either the Town Board but, we have nothing in our Ordinance that I have seen that specifies that it has to be like a chain link. We’re trying to get, if he decides to put a fence up that it be a fence that is not objectionable to the Town, not saying that will happen but, like to make it…

David Scott asked, in that Ordinance does it allow for a vegetation fence?

Jay Clawson stated, yes.

David Scott asked, it does?

Attorney Altman stated, yes, it does.

Jay Clawson stated, yes, that way, if he wanted to plant spruce trees along the whole, and some sort, as long as they achieve a height. I know that we did with MSCA they planted smaller ones but, in a few years they achieved the height and the neighbors we well pleased with the type of vegetation that they got out of that.

Robert Justice stated, I think that it’s worth mentioning that there is nothing there now except a farm fence, I think.

Jay Clawson stated, yes, right.

Attorney Altman asked, is there any change that you would like to propose Jay, on the fence?

Jay Clawson stated, I think that’s up to the whole Board, no just me.

Attorney Altman stated, I understand but, we need a proposal if we’re going to change it.

Don Ward stated, well, the Town can decide that on their own, the Town Board.

Attorney Altman stated, I’m not sure whether they have the authority…

President Anderson stated, part of it is in the Town and part of it is not.

Attorney Altman stated, we can certainly communicate and add the words as approved by the Town Board of Reynolds, Indiana. That would be no problem to adding that to that if that’s along with what you’re thinking.

Don Ward stated, that’s what I’m thinking and I think that it is out in the county.

Attorney Altman stated, some of it is and some of it isn’t.

Jay Clawson stated, right, is your property Charlie, all in the Town?

Charlie VanVoorst stated, no.

Jay Clawson asked, you’re in the county?

Charlie VanVoorst stated, part of my property is in the Town part of it is in the county.

Don Ward stated, I thought that the edge of the street was the Town, German Street.

Jay Clawson stated, Charlie VanVoorst said that part of his is in Town and part of it isn’t so, you’re probably right, this is boundary on the Western side and the East is…

Attorney Altman asked, so do you want to add the words as approved by the Town Board of Reynolds, Indiana?

Don Ward stated, that’s fine with me, if they don’t want one, then they don’t have to have one that way.

Attorney Altman asked, do you understand what we’re talking about Mr. Justice?

President Anderson stated, Mr. Kelly wouldn’t object to that, would you, just go along with whatever the Town would say as far as a fence?

Robert Justice asked, we’re talking about putting this in the commitment is that correct?

Attorney Altman stated, yes.

Don Ward stated, he already has a commitment to build a fence.

Attorney Altman stated, and just make it so it would be approved by the Town Board of Reynolds, Indiana.

Jay Clawson stated, if he decides, he can put the vegetation, where he decides to put a fence that it be approved by some governing body.

Attorney Altman stated, that seems to make sense, it would be the Town Board of Reynolds.

Robert Justice asked, so what’s being proposed is, let's see…

Attorney Altman stated, fence 8’ high…

Robert Justice stated, yes, as approved by…

Attorney Altman stated, by the Town Board of Reynolds, Indiana.

Robert Justice stated, this would relate to the whole fence, the whole boundary even though part of it is in the Town and part of it is outside.

Attorney Altman stated, right, yes, they can do that.

Robert Justice asked, is it correct to talk about the Town Council, or the Town Board?

Attorney Altman stated, Town Board.

Jay Clawson stated, and it would only be required in the places where it adjoins residential property.

President Anderson asked, would the fence have to be 100’ from the property line or can it be…

Director Weaver stated, 100’ back.

David Rosenbarger stated, I thought that it was the property.

Jay Clawson stated, it could be the property line, it’s just that you have to buffer, not use the…

Don Ward stated, I think that it would probably be better to put the fence along the buffer, on the buffer line.

Jay Clawson stated, us all of way up to the fence.

Don Ward stated, right, he knows where it is and if he want’s to plant a barrier somewhere, I think that the fence should be there and once he plants a fence along here, planting along there to protect it would be a good idea. He could put that on the West property line, put the fence on the, inside of the boundary line and that way he stays on his side.

Attorney Altman asked, what do you want to add?

Jay Clawson stated, Don had a good idea where he planted his vegetation in the buffer and then put the fence and we’re talking that you could even use farm fencing on the inside of the 100’ buffer on actually his industrial type. Then he could actually use the property all of the way up to the fence. That way it won’t ever be used on the other side of the fence, it will always be a continuous property.

Robert Justice asked, let me understand something, the fence, we have vegetation, are you saying he builds a, he must build a fence or can he have vegetation. We thought that it was an alternative, you could have pine trees or something like that 8’ high and that was adequate, I took that from the County Ordinance.

Don Ward stated, that’s really up to him I suppose but, we think that it should be on the East line, not on the West line. What would be good is if he put a farm fence on the East line and put his buffer out on the West line, of plantings and then he would really get along with his neighbors a whole lot better.

Robert Justice asked, so what you’re saying is for vegetation on the West edge of the property, the East edge of the property?

Attorney Altman stated, East edge.

Don Ward stated, we prefer it on the West edge.

Robert Justice stated, fence on the East edge and vegetation on the West edge.

Don Ward stated, right.

Robert Justice stated, so the vegetation in other words, would be right along…

Don Ward stated, yes, right along his property line.

Robert Justice stated, right along the property line.

Don Ward stated, yes, this would keep him off of that property line.

Attorney Altman asked, proposing vote, so the, or would go to an 8’ and then just as I said, vegetation on the West edge and the farm fence on the East edge. Any other matters?

Robert Justice asked, let me ask one thing. Mr. Kelly has discussed with me the possibilities that he would want to go into this area down here the L shaped and actually turning that into residential property, put houses in it. The screnio there, which I believe, could be allow for 1 or more dwelling but, with what we have here with that, if we say that the, this area here is the buffer then he would not be able to do that could he put a house in there.

Director Weaver stated, he would not be able to do that with this zoning anyway.

Robert Justice asked, he could not?

Director Weaver stated, no.

Attorney Altman stated, no.

Director Weaver stated, he can not put residences in an industrial zoning.

Robert Justice asked, okay, but, if he wanted to come back at a later time and ask for rezoning, I guess he could change the commitment at that time?

Attorney Altman stated, if you can get the commitment change yes.

Robert Justice stated, because, it would strike me that if you’re really concerned with protecting the town wells and the people that live there having some houses in here, would give these folks over here their protection. However, I just want to make sure that, that was brought up so basically what the Board says it wants is a fence let's see, you want vegetation on the West line, that would be here. Is that right?

Jay Clawson stated, yes, you’re right.

Robert Justice stated, the boundary line and the fence would be here on the West…

Attorney Altman stated, East edge…

Robert Justice stated, East edge of the line.

Attorney Altman stated, yes.

Jay Clawson stated, if he’s thinking of rezoning this at any certain date, he might as well just take that fence straight down, his 100’ buffer and then he won’t have to move the fence at that time, I mean, if he’s thinking about doing that any time soon.

Don Ward stated, if he went into residential down there all he would have to do is bring his buffer back across here, rezone that whole piece residential.

Jay Clawson stated, right, yes, whenever he decides to subdivide that.

Don Ward stated, put 2 or 3 houses in there…

Attorney Altman stated, I don’t think that we want to confuse this proposal tonight…

Jay Clawson stated, no.

Robert Justice stated, so I understand, what you’re asking us to do is, vegetation on the West line…

Jay Clawson stated, yes…

Robert Justice stated, fence on the East line of the buffer zone. The buffer zone is 100’ wide starts up here at the top comes down here, turns the corner this area here is 100’ and we come over here, this area here is 100’ all of the way down to the bottom.

Jay Clawson stated, right.

Robert Justice stated, that’s what the Board wants, that he has to commit to.

Jay Clawson stated, right.

Director Weaver stated, can I make a recommendation, if we’re going to require fencing and buffering that we give them a time limit to have this done.

Attorney Altman stated, certainly, they can’t do it until, it must be done or the commitment isn’t completed so, they would have to do that. I suppose that you could add within…

Don Ward stated, before he could ever use it as a pile…

Attorney Altman stated, it just has to be done.

Jay Clawson asked, do we need 6 months, 1 year or…

Director Weaver asked, could we put it in the commitment just like that, before this land is used as…

Attorney Altman stated, sure, that would be fine…

Director Weaver stated, even that much would help us enforce it.

Attorney Altman stated, and the same is installed…

Robert Justice asked, you’re not going to require trees to grow though right?

Jay Clawson stated, right.

President Anderson stated, if he’s going to put a fence up 100’ buffer, he could do that and still use that even before he puts the trees up.

Don Ward asked, are we leaving this to the Town Board to decide or, do we decide it?

Attorney Altman stated, let's decide it here.

Don Ward stated, okay.

President Anderson asked, if he’s going to use farm fence to buffer that 100’ off is he allowed to use that?

Director Weaver stated, as long as the fence is up.

President Anderson stated, as long as the fence is up.

Director Weaver stated, if you’re requiring both of them, do you want both of them before you allow the use…

Attorney Altman stated, well, he’s got to have the vegetation planted, yes.

President Anderson asked, so, we didn’t actually require those…

Jay Clawson stated, we are requiring both.

President Anderson stated, okay.

Attorney Altman asked, is there anything else?

Robert Justice asked, just so that I’m clear, some of the property right now that borders is residential some of it is but are we saying that the thought is where the residential is. Are we saying, not the buffer, the vegetation of the fence would be where the residential only or the whole thing?

Jay Clawson stated, the whole thing.

Attorney Altman stated, whole thing.

Robert Justice stated, whole thing, okay, I understand what you’re saying. Can I have a minute because gentlemen, you have clarified it at least a number of things that we were unclear about. I would like to have just a minute to talk to my client and make sure that he understand the proposal and see what he says.

Attorney Altman stated, we may want to talk to these people, they may have some suggestions too.

Robert Justice asked, that’s true. Do you want to do that, before I talk to my client?

Attorney Altman stated, whatever you want to do…

Robert Justice stated, well, let me see…

Attorney Altman stated, it may be changed…

Robert Justice stated, that’s right, maybe it would be better to get the comment in, I would like to have it up in proposal tonight and I can say to him is this what you want.

President Anderson asked, do the Commissioners have any other questions about the proposal? Number 2 it says conditions upon rezoning as above described real-estate from A-1 to I-1 the owner also agrees to the restrictive usage of said real-estate and that, that asphalt plant which has been operated on the adjoining parcel since 1973 will never be moved onto this above described real-estate. That would eliminate any asphalt plant. That would eliminate any asphalt plant being moved in there. Does that eliminate a brand new one?

Don Ward asked, not the way that they have said it. They need to say that there will be no asphalt plants installed but, if we’re rezoning it industrial and putting a buffer in it. Why should we restrict it?

Attorney Altman stated, that’s what industrial is. Not saying that is what will finally come out of this when they get voted to the Commissioners or the Town Board but, that’s what and I-2 zoning is, Industrial.

Don Ward stated, I don’t see why we should restrict him though.

Attorney Altman stated, so that the present one doesn’t go there.

President Anderson asked, do the Commissioners have any other questions? It does say also, what does it say about the gravel, if he wants to store asphalt and gravel?

Attorney Altman stated, no stockpiling of stone or asphalt, no construction on roads in the buffer area. Obviously, the rest of it is I-2 unrestricted except to an I-2 if it goes.

President Anderson asked, do you have a question?

Charlie VanVoorst stated, now, that’s different than what you were saying last meeting.

Attorney Altman stated, state you’re name Charlie.

Charlie VanVoorst stated, I’m an adjacent owner to this property on two sides. You guys said the last time, it was discussed the 200’ or 300’ whatever he was able to switch it to an I-2. You said that at the last meeting that we talked about you were going to restrict it from possibly going to a junk yard, another asphalt plant, a cement plant or anything like that. You were not going to allow that, limit use on what he was going to be able to do with that I-2 property if he sells it in 2 years, the junk yard comes in there and that was talked about last meeting. Do you remember that?

Attorney Altman stated, I remember that but, that isn’t the proposal that we have, that’s all that I’m saying.

Charlie VanVoorst stated, okay.

President Anderson asked, do any of the Commissioners want to respond to what Charlie said? This covenant also states that if that other plant is moved over there, what would it cost for you to put a new plant Spark?

Don Ward stated, half of a million.

Robert Kelly stated, I’m too old to do that but, it’s about a half of a million…

Don Ward stated, yes, half a million dollars.

Robert Kelly stated, if you guys have some money to throw in, I’ll put one up.

Attorney Altman stated, just for the record, for a junkyard to go in an I-2, it’s possible to do but, it takes a special exception to do it. So that it would have to be approved before a junk yard could be put in there and that doesn’t mean, and I want to just check to see what it says about a cement plant, if I can come up with an answer. Chemical plant would take a special exception, just trying to look for the other examples that you said, to see what…

Don Ward asked, are you talking about a ready mix plant? Is that what you mean?

Attorney Altman stated, that’s might be easier…

Don Ward stated, not a cement making plant.

Charlie VanVoorst asked, it’s the same thing isn’t it?

Don Ward stated, no, I’m thinking of a, I thought you meant at first a cement plant, manufactured cement.

Jay Clawson stated, has rock over it…

Don Ward stated, ready mix plants aren’t clean either.

Attorney Altman stated, let me see what else it could be under.

President Anderson asked, does the audience have any other questions while we’re looking that up? Does anyone else have any questions? Do the Commissioners have any questions for Mr. Kelly or anyone else, his lawyer? Do you want to go ahead and talk to him right now?

Robert Justice stated, alright.

Rick Raderstorf stated, the only restrictions that he’s putting on the property is that the asphalt plant that is there now, can’t be moved to this.

Don Ward stated, right.

Rick Raderstorf stated, so there are no restrictions on what he can put on there according to that as long as it’s an…

Don Ward stated, as long as it falls in an I-2.

President Anderson asked, is there anyone in the audience with any questions about this request?

Charlie VanVoorst stated, you know, we have come to how many meetings and it just keeps getting smaller and smaller amount because, a lot of the people thought that he wouldn’t show again tonight. Now the biggest majority won’t agree with what we’re trying to do here tonight but we’re not going to get it…

President Anderson stated, we will find out what they want when he comes back…

Charlie VanVoorst stated, sure but I can already see that I’m not going to agree with it, I’m sure that everyone here is not going to agree with it but we don’t have the people that we normally have. I’m sure that we’re not going to agree with what they are going to do. It’s different than what we talked about as far as being able to do what ever they want to do with that property I think that it’s not going to work. I think that the restriction that we talked about before that was not, other than…

President Anderson stated, the only thing that we agreed to restrict was the moving of that asphalt over there, the asphalt plant…

Charlie VanVoorst stated, as I remember, one of the guys talking about possibly just being able to stockpile stone and use it for maintenance other than actually putting some type of plant there…

President Anderson stated, really, he didn’t even have to go with 100’ clear around it. The only part of the 100’ would have had to of been along where the wells to the city are, I don’t think that it’s in our Ordinance.

Charlie VanVoorst stated, the last time that someone brought it up…

President Anderson stated, I think that it was 100’ from the wells…

Charlie VanVoorst stated, no, it was 300’ from the wells…

President Anderson stated, 100’ in there from residential property.

Jay Clawson stated, no, it’s in there.

There was discussion among the Board members.

An audience member stated, …200’ radius from the wells and then there is a 5 year time of travel that they have of the area…

President Anderson stated, but, the wells on the property line too…

An audience member stated, no, but they just have to inventory any potential contaminants in there. So they would have to go from, as far as the inventory what we had on there that would be a potential contaminant to the, but, as far as, you only have to be, there is a 200’ radius, there can’t be anything on it according to the State Law.

President Anderson stated, from the actual well.

An audience member stated, from the actual well.

President Anderson stated, 9’ of this well is from the property line.

There was discussion among the Board members.

President Anderson asked, okay, are we ready to move on?

Robert Justice asked, gentlemen, I have talked to my client and with all of these new conditions that have been added on here, he says that this is just more than he is willing to do. I don’t want to say that we’re not willing to do some of the things that you have asked but, he just feels like every time this comes up something new comes up. He has asked to do additional things which, no one else is asked to do, I-2 zoning normally doesn’t require, I think under the Ordinance, I-2 zoning doesn’t require any of this because, you’re not really adjoining property that is zoned residential. You’re joining property that is joined A-1. I understand that’s why you would want it in the commitment because, it departs from the Ordinance. What my client said when I talked to him out in the hall basically is, that he would be willing to get on some of these conditions. That’s how you come to an agreement but he feels that the whole thing as proposed is just more than he is willing to do. I guess what I’m saying to you is, do you feel like all of this is cast in stone, take it or leave it. We’ve got, if we want I-2, we’ve got to go with all of these conditions?

President Anderson asked, do the Commissioners have any comments on the statements made?

Don Ward stated, my comment on it would be that the fence is for his benefit because, it tells him where the line is all of the time. He knows that he can’t get over that line so no one can complain that you’re over the line that you’re stockpiling and you’re doing something over the line. I don’t say that it has to be a great fence it has to be, I think that it should be there for his protection and as far as the bushes or foliage, I don’t know that, that is very expensive. Anyway, I don’t think that it would cost very much and kind of shield it from the Town.

President Anderson asked, any other questions or comments? I think that we need the 100’ there the main thing is try to please the neighbors next to him.

Robert Justice stated, what you gentlemen are saying basically and I realize that you haven’t voted, I know that you’re not bound unless you take formal official action but, when you negotiate you talk about what is possible and what isn’t. What you gentlemen are saying is basically, it’s take it or leave it with those conditions as outlined, I realize that it hasn’t been voted on.

President Anderson stated, to make everyone happy he’s going to have to pretty much do it.

Robert Justice stated, it won’t make everyone happy, just the majority.

Don Ward stated, we’re trying to help the Town.

President Anderson stated, neither one of the groups are going to be happy…

Attorney Altman stated, this isn’t going to make them happy at all, they have already said that.

Robert Justice stated, that’s true.

President Anderson stated, he can withdraw it again or…

Don Ward asked, what are we voting on? What we said?

Attorney Altman stated, nothing yet.

Robert Justice stated, let me just make one thing clear, make sure I’m right about this one aspect. The 100’ setback as I read the White County Ordinance, and Mr. Altman you probably know it better than I do, does not apply here in the Ordinance, that’s why we’re putting it in the commitment that’s why you’re asking for it in the commitment?

Jay Clawson stated, right.

Robert Justice stated, and the reason is that the property actually abuts on A-1 not residential zoning.

Attorney Altman stated, in essence, yes. I mean the 4.1016 says residential district.

Robert Justice stated, so that’s something that has to be in the commitment obviously, or it doesn’t apply.

Jay Clawson stated, plus one of the initial things, one of the earliest meetings, what we’re concerned as to is, the whole Town of Reynolds well field is right there. With having, one of the reasons we wanted a buffer was to protect their well field against any kind of contamination. We felt that a 100’ buffer along that property was we weren’t really thinking that we’re, a lot of towns want more. They are going to ask for enormous amounts. We’re just trying to give him this and we feel that it’s a bear minimum to protect the Town because, if you ruin their well field that they just spent thousands of dollars redoing. You know, we would, I don’t know if we would be liable but, I don’t want to do that, don’t ever want to jeopardize Reynolds water supply.

Robert Justice stated, that’s the kind of thing that you know would send shivers up anyone spine…

Jay Clawson stated, sure.

Robert Justice stated, but, at the same time, we all know that the State has agencies that are very conscious of water pollution and we have in fact a whole Board, a State Board who’s job it is to make sure that public wells are not polluted by anybody. Whatever the Zoning Board does, that Board is going to carry the vote on that but I understand what you’re saying. I don’t say that it’s unreasonable as for a buffer, I think that a buffer is a reasonable idea. I think my client came here willing to agree with some sort of a buffer but, what I’m saying is as we come in it just seems like we get more and more put on it individually. Mr. Ward is certainly right, building a fence is not a big deal, it’s not hard to put one up and it’s not expensive and it does have a value but, it just seems like we’re getting straw after straw laid on the camels back here. Let me say, Mr. Kelly is President of the corporation. Do we want to put it to a vote under the conditions as originally stated by the Board here or do you want to withdraw it?

Robert Kelly asked, how soon can I put that fence up? I still farm that ground…

Robert Justice stated, yes, it’s A-1 right now.

Robert Kelly stated, I don’t want to put the fence up right away because, I still farm the ground…

President Anderson stated, if you’re going to run industrial on it, you’re going to have to have a fence up anyway.

Don Ward stated, when you start using you need the fence, when you start using it for something other than agricultural.

Robert Kelly stated, that’s what I mean, if I start using it…

Don Ward stated, then you put the fence up…

Robert Kelly stated, do not put a marker down through there, down here when I start using it…

Don Ward asked, you want to farm the whole thing?

Robert Kelly stated, yes, I will go ahead and farm it for now until I decide what we’re going to do here. When I get ready to use it, this part here but, I don’t want to have to say well, you have to put the fence up in two weeks…

Don Ward stated, no, we’re not going to do that.

Robert Kelly stated, see, I want to leave the fence out of there until, I can put posts down through there to mark it off…

Attorney Altman stated, what we’re saying Spark is, the ground that you’re asking to rezone to I-2 before you can use it as I-2, you have to fence it.

Don Ward stated, that’s this area.

Robert Kelly stated, yes.

Jay Clawson stated, right, you have to live up to the commitment before it can be used as I-2, be that in a year or two or three…

Robert Kelly asked, yes, I understand all of that but, if I put markers down through there do I have to turn around, if I don’t get on this side I’m alright but, stay on this side, I’m alright?

Attorney Altman stated, any of the rezoned property.

Robert Kelly stated, yes, that’s what I mean.

Attorney Altman stated, once you start using the rezoned property the fence and that to be in or before actually.

Don Ward stated, what he’s saying is, he would just like to put a line of posts up and not the fence.

Attorney Altman stated, he can do anything that he wants now but, when he’s going to use it to I-2 he has to put the fences up, that’s all that I’m trying to say. If you want to put anything up on there in the way of buying a fence and farming it as long as you only use it I-2, we don’t care.

Don Ward stated, well, he wouldn’t need to put anything up until he’s ready to use it.

Attorney Altman stated, that’s right…

Don Ward stated, what he’s saying is when he gets ready to use it for I-2, he just wants to put a line of posts and no fence, right?

Robert Kelly stated, yes.

Attorney Altman stated, he has to put the whole fence in when he starts using it I-2.

Don Ward stated, the way that our commitment is yes, right now but, he’s proposing that we change it.

Robert Kelly stated, we’re putting stuff over here…

President Anderson asked, are you wanting to put…

Robert Justice stated, okay, what Mr. Kelly tells me, I can on behalf of his corporate identity is he would like for the Board to vote on whether the Board requires all of the conditions. The various conditions that have been suggested which would be 100’ buffer all along the boundary, fence on one edge vegetation on the other edge and the fence has to be as approved by the Town Board of Reynolds. I believe that those are the changes that have been made.

Director Weaver stated, and must be in place prior to being used.

Robert Justice stated, yes, that’s right, must be in place prior to use, prior to industrial use. So, if that’s what the Board wants he asked whether the Board was in fact willing to commit to that position.

President Anderson stated, that’s what we’re doing…

Don Ward stated, yes, we are.

Robert Justice stated, so he would like you to vote on that position that is whether you all require that. If you do then, it’s up to him whether he inters into the commitment or not. He has a choice, either he can accept what you have told him or he can say no, I just won’t do it in which case there’s no rezoning, I assume.

Attorney Altman stated, alright, very good.

Jay Clawson asked, so do we need a different ballot then?

Attorney Altman stated, no, we don’t need a ballot for that.

President Anderson stated, we can have a show of hands or anything.

Attorney Altman stated, yes, you might want to ask the people, any questions.

President Anderson asked, do the people have any questions before we take a vote on this at all in the audience, anyone that is interested in it.

Attorney Altman stated, essentially just to speed things up, the commitment as we have amended it calls for 100’ along the entire West edge. As we have just said, it also requires a vegetation along the West edge of the buffer zone at least a farm fence along the East edge, the entire East edge. Of course that would be approved by the Town Board of Reynolds and that it all be installed before the zoning use begins. Director Weaver, am I forgetting anything?

Director Weaver stated, I don’t think so.

Attorney Altman stated, and I guess real simply that is a proposal and I guess that I would as our yes and no’s about it.

President Anderson asked, all in favor of what was just stated right now…

Jay Clawson asked, voting for the commitment?

President Anderson stated, voting for the commitment, raise you’re right hand. We have 100 percent so yes, that’s what we’re asking.

Robert Justice stated, okay.

Attorney Altman stated, we’re ready to proceed on the main question.

Robert Justice asked, okay gentlemen my client says on behalf of his corporation, he will accept the conditions so, I will redraft this commitment so that it’s crystal clear. Mr. Altman, do you want me to submit it to you?

Attorney Altman stated, please. We need to vote then on the rezoning. You want us to proceed to vote right?

Robert Justice stated, please.

President Anderson asked, do we have any questions from the audience at all before we vote? If not let’s go ahead and vote.

Attorney Altman stated, yes, proceed with the vote.

With no further discussion the Board voted.

The results of the vote were as follows: 5 affirmative and 2 negative. This will be presented to County Commissioners and the Town of Monon for their action.

Attorney Altman stated, it did not get a majority, it will be forwarded to the Commissioners with no recommendation and that will be next Monday at 8:30 here in the morning.

Director Weaver stated, yes.

Attorney Altman stated, and they will vote on that part of this rezoning that is in the county area and then the rest of it will be forwarded to the Town Board of Reynolds, Indiana and they will vote on that part of this rezoning that is in the Town. All subject to the written commitment and we’re not sure exactly when the Town Board will consider this so, you need to check with the Town Board and they and the Commissioners have the final say on this.

Robert Justice asked, Mr. Altman, do you need the draft of the commitment before the Commissioners meet?

Attorney Altman stated, yes.

Director Weaver stated, yes.

Robert Justice stated, okay, I can do that.

Robert Kelly stated, in the Town, I don’t want to rezone that, we can take care of that.

An audience member asked, do they approve it Monday morning?

Attorney Altman stated, yes, ma’am.


#767 Dorothy M. Maxson; Requesting to rezone from I-1 to R-2 on a lot 99’ x 182’. The property is located in the City of Monticello at 803 N. Third Street.

President Anderson asked, do we have anyone representing this request?

Joe Maxson stated, I’m representing my mother, Dorothy Maxson and she is wanting to bring her property up to compliance, it’s as an I-1 to an R-2.

President Anderson asked, is she wanting to remodel?

Joe Maxson stated, yes, we’re wanting to remodel.

Director Weaver stated, their wanting to do an addition and remodel. This is in the area of the old RCA plant and there is a lot of residential area up there that is zoned industrial for some reason but, she is trying to bring this into compliance is what she is trying to do.

President Anderson asked, do we have anyone in the audience with any questions about that request? If not, do the Commissioners have any questions? If not, I say that we go ahead and vote.

Attorney Altman stated, it will be very consistent with rezoning these lots in that area, consistent with what we’re doing, asking to do tonight.

With no further discussion the Board voted.

The results of the vote were as follows: 7 affirmative and 0 negative. This will be presented to City of Monticello for their action.

Attorney Altman asked, that will be when Jay?

Jay Clawson stated, next Monday at 7:00.

Attorney Altman stated, 7:00 in the evening, they have the final say so, as I say, be there.


#768 Michael J. & Donna J. McCormick; Requesting to rezone from A-1 to B-2 on 1.000 Acres. The property is located in Liberty Township, just South of Buffalo at 8593 N. State Road 39.

President Anderson asked, do we have someone here representing this? Do you want to state your name?

Michael McCormick stated, Mike McCormick, my wife Donna.

President Anderson asked, is there anyone here with any questions in the audience about the request? Do the Commissioners have any questions about the request? If not let's go ahead and vote.

With no further discussion the Board voted.

The results of the vote were as follows: 7 affirmative and 0 negative. This will be presented to County Commissioners for their action.

Attorney Altman stated, that will be 8:30 next Monday morning right here.

Mike McCormick asked, do we need to be present?

Attorney Altman stated, I always tell people, they have the final say, I would be there.

Mike McCormick stated, okay, thank you.


#769 Janet S. Vogel; Requesting to rezone from R-2 to B-2 on .30 of an acre. The property is located in the City of Monticello at 518 N. Dewey Street.

President Anderson asked, do we have anyone here representing that request?

Janet Vogel stated, yes, it’s surrounded by industrial practically. On one side there is residential, it’s always been a shop for auto mechanics and this that and the other and it just never was zoned right but, now I’m wanting to sell it and Mr. Wright wants to put in a little auto mechanic shop in there so…

President Anderson asked, do we have anyone here that has any questions about the request? Do the Commissioners have any questions?

Jay Clawson asked, is there any requirements, I know that at times there has been cars that have accumulated outside, is there any recourse that we have about cars being set there and not being, more and more cars…

President Anderson asked, do you want to address that…

Janet Vogel stated, right now those are all Jim O’Neils that are sitting there…

Jay Clawson stated, I understand but, a lot of car shops around town they get in and then they get cars that no one decides to fix. They don’t ever leave the premises and I was just asking our Director if there was any recourse that we have about…

Director Weaver stated, we really don’t have too much in the Ordinance…

Rick Raderstorf asked, doesn’t the City have an abandoned vehicle thing?

Jay Clawson stated, well, it’s kind of a gray area when it comes a business that they are in for repair because, there is a repair thing on there. I don’t know, is there any fencing requirements that, in our new Ordinance that…

Director Weaver stated, here again, there are residences to the South and to the West and we have a residential protection act in the Ordinance to where we can require a fence on both sides.

Jay Clawson asked, if there’s going to be any outside storage of cars, can we write it in that?

Director Weaver stated, that’s strictly up to the Board, the way I believe that the Ordinance is written is if it’s for sell with residential beside it…

Attorney Altman stated, it has to have a fence or barrier at least 8’ in height so that doesn’t get rid of the problem or it doesn’t…

Jay Clawson stated, right but, at least it screens it from the residences there and with it being a grandfathered business it could so…

Attorney Altman stated, yes, they would have to…

Jay Clawson stated, this would have to be brought up to our current standards right?

Attorney Altman stated, yes, they would have to fence that.

David Scott asked, is the residential touching any of the 3 sides or across the street, we have one house…

Director Weaver stated, yes, right, one to the South…

Jay Clawson asked, to the West?

Don Ward stated, to the West and behind it…

Director Weaver stated, there is a house to the West also…

An audience member stated, across the alley.

Director Weaver stated, yes, across the alley.

Attorney Altman stated, obviously, you require a commitment…

Jay Clawson stated, well, if it’s in our thing before he’s allowed to start the business back, the fence should be in place if that’s part of our Ordinance it should be before…

Attorney Altman stated, oh, they would have to comply with that prior to that it’s whether you’re expanding that…

Jay Clawson stated, there’s no other commitment that I feel, that’s why I was asking if there was a minimum requirement and she said that there is a screening between…

Attorney Altman stated, the residences…

Jay Clawson stated, yes, between the residences.

David Scott asked, and that’s an 8’ high fence, is that right?

Attorney Altman stated, yes.

Director Weaver stated, and that would require a building permit to put that fence up.

Jay Clawson stated, it’s kind of like what Deno put around his property. If you’re down to Norway to look, he put a chain fence and then put the slats in between it, it looks nice and what it does is it’s just so you don’t look through and see the cars sitting there, he can store them there.

President Anderson asked, are there any other questions about this request?

Janet Vogel asked, are you just saying on the one side?

A Board member stated, wherever there are houses.

Jay Clawson stated, the alley, there are houses right behind it, there needs to be a fence there and then the one on…

Janet Vogel asked, two sides.

Jay Clawson stated, on two sides, the one that abuts the other business property doesn’t have to be.

Janet Vogel stated, we have to put our fence right in the middle of his driveway…

Jay Clawson stated, right, no, between the two of you, you don’t. Just where it goes to residential, where you go business, to the residential on that street.

With no further discussion the Board voted.

The results of the vote were as follows: 7 affirmative and 0 negative. This will be presented to City of Monticello for their action.

Attorney Altman stated, that will be next Monday at 7:00 in the evening. They have the final say.


President Anderson stated, subdivisions have all been tabled. Do we have any business?

Jay Clawson asked, I have one question for Director Weaver, we have had on new construction on Sixth Street where Rickets, is that what it is? Package Liquor was built last year and everything is constructed, there was no problem but the thing is, the City of Monticello has hard surface requirements on their parking. We had complaints that there had been a lot of close calls on accidents, people trying to leave that property and it’s still stone. People aren’t able to ingress and egress safely out of that property. We wondered how we can get them to because, it’s part of our Ordinance that it be paved.

Director Weaver stated, well, that’s going to be remedied. Right now the way, since we have not issued occupancy permits, I don’t know if there has been one issued for that property or not, they are going to have to have the paving done prior to being able to occupy the building.

Jay Clawson stated, all right, well there’s times like in that situation, it wasn’t good that they have it done right at the opening of the business. With a wet lot and the stone settling in if they would have paved it right away it would have not been a good. It would have all broken up. I’m sure as soon as they would but, within a year we’ve specified when he got his permit from the City that, we told him 3 or 4 times and we haven’t brought it up. We just wondered what kind of letter should have been sent because, he knew right out, I was out there at the, talking with the brick layers at the building across the street. There was almost 2 accidents where people were trying to pull out on Sixth Street, their tires were spinning by the time that they got out they were almost getting hit by cars, pulling into it.

Director Weaver stated, our permits are good for 1 year so, that really gives them 1 year to get…

Jay Clawson stated, right and that’s what we’re worried about that we just need to get some dialog with the owner and get that done but, I just wondered if there was, if we should ask for a letter of credit on improvements that aren’t done.

Director Weaver stated, the new building inspector, I don’t think that we’re going to have a say in it, I think that he will require that it be done before he will let them occupy the building, I don’t think that’s going to be an option.

Jay Clawson stated, yes, see, that’s good in certain situations where you can get a good base and have it but, in the situation there where those lots are so wet, that wouldn’t have been a good thing to put it in.

Director Weaver stated, I suppose in those situations maybe the building inspector could require a letter of credit.

Jay Clawson stated, that’s what I was thinking that he can ask for that or if we should ask for it.

Director Weaver stated, but, I think that it would be more in his hands.

Jay Clawson stated, okay, I will talk to Dave about it.

Director Weaver stated, we have discussed it somewhat. I do have something that we need to discuss. Last Monday’s County Commissioners meeting, the County Commissioners brought back to their Board discussion on Hanenkratt Grain Company, it was a rezoning that we had done in 2000 in the Town of Idaville. The County Commissioners wound up repealing, they had originally approved this rezoning and they have repealed their decision based on the fact that there was a lawsuit filed against the County Commissioners. It was not filed against us, it was filed against the County Commissioners disputing the fact that this piece of property did not meet the minimum size requirement for an industrial zoning. In our Ordinance, Attorney Altman and I have discussed this, in our Ordinance it does not require for property to be rezoned to meet the minimum size requirements but, it does not really directly address that. I think that maybe this is something that is becoming more and more of an issue I think that maybe we need to come up with a way to handle this and what we want to do to try to prevent this kind of a situation.

President Anderson asked, not enough square feet?

Director Weaver stated, right, square footage of the lot, did not meet the minimum size requirement for an industrial zoning.

David Scott asked, so, you’re saying, we don’t have anything, the Commissioners came up with…

Director Weaver stated, well, I don’t know that they did, I think that it was to settle a lawsuit.

President Anderson stated, according to our Ordinance…

Director Weaver stated, right, they were basing that on our Ordinance…

David Scott asked, so, we do have minimum square footage…

Jay Clawson stated, yes, it’s right here in our book.

Director Weaver stated, which we use for newly developed properties but, we have never looked at this for a rezoning purpose.

David Scott stated, well, that’s what I questioned you on these towers, we just okayed for Twin Lakes….

Jay Clawson stated, right, and they don’t comply with this too…

Rick Raderstorf stated, neither does that garage that we just did.

Jay Clawson stated, it would be…

Don Ward stated, that was a B-2.

Jay Clawson stated, there is another thing, they want to put towers up and we passed our own Ordinance in Monticello about communications towers. I forgot totally about it that everyone on the Council is up in arms about what they are wanting to do for proliferation of towers, communication towers with more and more things in the City limits. I think that George should get you a copy of our Ordinance, what we have…

Director Weaver stated, that would be helpful.

Jay Clawson stated, because what they are trying to do, instead of people putting towers on everything, using towers in town, renting towers space or using certain structures that are above certain things like water towers or things like that. To attach these things to that instead of having everyone thinking that they need a tower you know on every block or whatever. I had many calls after we rezoned that, from different people on spot zoning and different things. Another thing that was probably as good of comment as anyone have gave was on historic building like the Superintendents Office and the Administration Building down there. If they ever tried to get any grants what would they look at, if part of that property is zoned industrial that they would look at that, it would take away from the significance of that structure or whatever. That part of that area is, like if they wanted to get a grant to totally bring it up to ADA, which that building is not ADA compliant at all. The government might look at that and say well we don’t like the zoning or the zoning is not right on it it’s conflicting things or…

Director Weaver stated, I’m wondering if maybe we should not readdress that in our Ordinance to where maybe Government entity are exempt from that.

Jay Clawson stated, well, they should be exempt from that but, they need to have some kind of a, that’s what we were talking about like with the City. We can put a tower up for communications but there needs to be like a special exemption that they have there and we being the Council with our Ordinance that it passes the things in our Ordinance. I feel those two things are fine instead of going about having…

President Anderson stated, a little tiny…

Jay Clawson stated, yes a little tiny cell of zoning for just a tower in places like that.

Director Weaver stated, I wanted to work around that somehow but, there was just no way, there was no way for them to get out of what they did.

Attorney Altman stated, pretty hard with our Ordinance. That doesn’t mean that it shouldn’t be changed, that’s something that you guys should think about where you want to change it.

Don Ward stated, Dave Brechbiel was on my answering machine, he wants to talk to me, I bet what it’s about.

Jay Clawson stated, it could very well be.

Director Weaver stated, it could be.

Jay Clawson stated, because, a lot of people on the Council was very hot about wanting to rezone to industrial in the small spots. I was probably the only one, I just don’t like the little I-2 in residential.

Director Weaver stated, and I’m afraid that there are other schools in the county wanting to do the same thing.

Attorney Altman asked, are those still on the agenda, the schools?

Jay Clawson stated, they are back in reviewing our tower Ordinance, we tabled it because they didn’t have any idea. They thought that they would do this and just put them up and no, you have to comply with this. We want to see what the specifications are, what these tower are totally going to look like before they are constructed, not just the height and we want to know the esthetics about it.

Don Ward stated, I don’t understand…

Jay Clawson stated, well, he is saying that this is technology in what it is but, you know the way that technology is every 3 years it changes so much that I don’t really feel that they are saving.

Don Ward stated, he said that they will save a lot of money.

President Anderson stated, yes, he said that he would save money in 10 years.

Jay Clawson stated, but, the thing is they put that in and in 5 years the whole system can be obsolete, that’s what a lot of the people in the Council was saying.

Don Ward stated, well, you know, you have all of this problem and let them do this and then it’s not what they decide that they want to do…

Jay Clawson stated, they’re saying that the main reason is they can’t get enough kids. They think that everyone should be on the Internet all of the time. I feel that’s between their trying to us technology too much and these kids need to know how to get on the Internet but, it shouldn’t be what they, they whole time that they are at school.

Attorney Altman asked, is there anything else that we should be discussing on the record?

Director Weaver stated, the thing that I’m going to try to start doing for the Board on this minimum size requirement. This is the only solution that I can come up with is, on the staff report under analysis I will try to start making a notation as to whether it does or does not meet the minimum size requirement. If anyone has any other idea how we want to address this…

President Anderson asked, how far off where they?

Attorney Altman stated, quite a bit.

Director Weaver stated, I can not tell you.

Jay Clawson asked, did they down zone it to like a B or did it just revert to an A or R-1 or R-2.

Director Weaver stated, originally they were rezoning from a B-2 to an I-1.

Jay Clawson asked, okay, so that property was a B-2?

Director Weaver stated, yes.

Jay Clawson asked, is this the property that is on U.S. Highway 24 or is it the property that was across the street from their bins?

Director Weaver stated, yes, it was across the street from their bins.

Jay Clawson stated, okay, it’s the one that abutted…

Rick Raderstorf stated, just West of the church.

Jay Clawson stated, that abutted the residential…

Director Weaver stated, the residential that’s right.

Jay Clawson stated, but, here you are in another situation where they lost the only other facility in town that had any employment was the Memo Tool closed down. So now, Hanenkratt is the only thing in the whole town that offers any kind of in town employment at all but, you’re right, that’s something that they should have looked at 10 years ago when they expanded the elevator then.

David Rosenbarger stated, most of these situations that are brought here if we make a decision out of this Ordinance book are…

Jay Clawson stated, yes…

Attorney Altman stated, the fact on a rezoning, it is a very discretionary decision, very discretionary. You can talk about spot zoning but, boy it had better be that before you can be reversed on that and generally it is when you enter a beauty contest you have a lot of discretion as does the Town Board, the City Council or the Commissioners. So you just really have discretion, on a subdivision it’s just the opposite, if they comply with the Ordinance we approve it. If we don’t approve it we have to tell them where it doesn’t comply, essentially give them a grocery list, you do this, you do this, you do this and it’s approved so that but, like I say on the rezonings you have a lot discretion.

Don Ward stated, but, not like final say so.

Attorney Altman stated, but, when it goes up the Councils and the Commissioners have the same discretion.

David Rosenbarger stated, but, I will tell you what, a lot of the Town Councils around take this Board’s word.

There was discussion among the Board members.

David Rosenbarger stated, the only time that I, like Brookston, the only time that when they get involved in it is when it comes back a square vote or really close they may look at it but, other wise, especially when it’s unanimous…

Don Ward stated, or they have a lot of people…

David Rosenbarger stated, right but, it’s the same thing, if no one really shows up, everything is suppose to be the way it is…

Director Weaver stated, we need to figure out if there is some paperwork that we need to get to the County Commissioners for them to sign and get back to us or they should provide us something that they have repealed this.

Attorney Altman stated, they certainly need to…

Director Weaver stated, they asked me if there was something that we should give to them or they should provide to us so you and I need to get together about that.

Attorney Altman stated, yes, bug me about that tomorrow.

Jay Clawson asked, did you get an Ordinance?

David Scott stated, yes.

Jay Clawson stated, when I first got this 5 or 6 years ago, I read through it and for what it’s worth and then you look at certain things like, things you go to all of the time like Schedule of Uses and square foot requirements. For different things that you can go back and look at when you look at your stuff. Subdivisions Control, when you’re looking at that, there is a lot of different things in here. There are things that we have specified in here that aren’t, we bring them up and the county says that we can get by with it if we say it has to have a cross section, that says that the road should be constructed like this. They don’t care right now they are going to chip and seal roads and stuff like that and the County Highway Superintendent says this is okay but, Monticello specifically has it laid out that…

David Rosenbarger stated, sidewalks, curbs, drains…

Jay Clawson stated, well, yes, we have water, sewage, road and the whole things is pretty much specified. We spent some money with an engineering firm that put this all together for us that anyone that wants to do some developing in the City and we feel that we almost broke off from this and formed our own plan. We want a little bit more control than just the city limits. We would like to be able to say that if there is something coming in within a ½ of a mile of Town, development that we would like because eventually, and I think that all towns should have a little bit, like he was saying well, it’s outside well. I feel that the rezoning that we did should be approved by Reynolds, it’s not 100 yards from it, I shouldn’t be excluded from this process because, there…

Don Ward stated, the line…

Jay Clawson stated, yes, I mean eventually that town in 100 years, it’s all going to encompass the whole thing, hopefully all of our towns aren’t going to remain the super cells that they are.

Attorney Altman stated, you made mention on that I-2, that’s exactly why I think it’s not in there because, if you have to get that size of tract to have an I-2 zoning you could never add to your present tract. Say that if you have a going concern there and the neighbor wants to sell his lot and it’s only 100’ x 100’ you know, that’s how we go up by the littles, that’s all that we do. You never get, in most areas, you don’t get that big of a tract available.

Rick Raderstorf asked, and what does it state, 3 acres or something?

Director Weaver stated, that only applies in the City of Monticello if they don’t have City Water and Sewer.

Attorney Altman stated, I’m convinced, just like Director Weaver just said, that’s exactly why that’s not a requirement of the rezoning. It is of the use.

Director Weaver stated, right now, the only way that I can see to address is, for us to put on your staff report just to let you know that if it does meet the minimum size requirements.

Rick Raderstorf asked, but, if it doesn’t then is it automatically, we’re not suppose to rezone it.

Director Weaver stated, that’s up to the Board’s discretion then. If they are trying to expand their property then we can also note that as well.

Jay Clawson stated, if he has 3 other lots and they far exceed the 25,000 square foot size requirement then yes, you may be able to justify it in that way. To take one small lot in a B area and try to go with an I-1 or an I-2 and it’s just say, that it’s only 15,000 square feet or 20,000, then you may have a hard time, they would probably kick it out.

Director Weaver stated, on next month’s agenda, staff reports, you will see a change on those.

Don Ward stated, Sparks is unhappy but, I can tell you, they will never leave him alone if he doesn’t put a fence up. He will be over the line and they will be on him.

David Rosenbarger stated, it will be a never ending story.

Rick Raderstorf stated, exactly because, they are measuring everything.

David Rosenbarger stated, again, who polices it?

Director Weaver asked, our subdivision committee, was going to readdress…

Jay Clawson stated, we’re still waiting on our chairman.

Don Ward stated, I talked to Steve Brooke and he is dead set against anything other than chip and seal.

Rick Raderstorf asked, that’s what he wants?

Don Ward stated, yes, he said they can’t afford to mat anything therefore, they don’t want to maintain anything else and I don’t know, the legislature doesn’t seem to pay a lot of attention to county roads. The state highway go what 5,000 miles, maybe 500 million, the county has 125,000 miles and they get a fraction of that but, because most of the people live in cities they don’t have the guts to raise it up a little bit. See by the time that they pay their infrastructure costs like their health insurance, their wages, their retirement, their equipment and their fuel they don’t have any money left for material. So if they could get a little more money, if they could get another 50% more money they would have a lot more that they could do.

Jay Clawson stated, the funding that they were getting from the state dried up, Doug was getting, I don’t remember exactly what that fund was but, the county is loosing half of a million.

President Anderson asked, do we have a motion to adjourn?


Jay Clawson made a motion to adjourn.

David Rosenbarger seconded the motion.


The meeting adjourned.

Respectfully submitted,

Donald W. Ward, Secretary

White County Area Plan Commission

Diann Weaver, Director

White County Area Plan Commission