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The White County Area Plan Commission met Monday, March 13, 2000, at 7:30 p.m. in the Commissioners’ Meeting Room, Second Floor, County Building, Monticello, Indiana.

 

Members attending were: Jay Clawson, Gary Barbour, Ray Butz, Charles Anderson, Ron Pollock, Stephen Fisher, Don Ward, Scott Kyburz, Gregory Bossaer and Rick Raderstorf. Also attending were Attorney Altman and Director Diann Weaver. 

Visitors Attending were: Vicki Pugh, Diane Blackwell, Perry McWilliams, David Jordan and Lenny Lavin. 

 

The meeting was called to order by President Charles Anderson and roll call was taken. Ron Pollock made a motion to dispense with reading and approve the minutes of January 10, 2000. Motion was seconded by Gary Barbour and carried unanimously.

 

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#701 Vicki Pugh; Requesting to rezone from R-2 to B-2 on lots #16, #17 and #18 in Lackner’s Locust Hill Addition. The property is located North of Monticello at 2602 N. West Shafer Drive.

 

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

 

Vicki Pugh stated, I own the property. I think that it was last September, Laddie Shuman tried to get it rezoned and you passed it. It went to the Commissioners and for some reason they had some concern and they didn’t pass it. He wasn’t at that meeting so I was advised to go ahead and try to get it to go through again.

 

President Anderson asked, rezone it again?

 

Vicki Pugh stated, yes.

 

President Anderson asked, do we have anyone in the audience with any questions regarding this request? Do the Commissioners have any questions regarding this request?

 

Director Weaver stated, I don’t believe at the time that we had the request before that we had the knowledge that I have in my hand tonight. I think what part of the concern was with rezoning this property was with restrictions that were put on the property at the time that this was developed into a subdivision there was a statement of it not being used for commercial purposes, it’s a very old subdivision. I have now a copy of the zoning map that we had in the office and there is part of this subdivision that is already zoned business so this would not be the first lot in the subdivision to be zoned business.

 

President Anderson asked, have we had any calls on this?

 

Director Weaver stated, not that I’m aware of no.

 

President Anderson asked, do the Commissioners have any questions? If not let’s go ahead and vote.

 

With no further discussion the Board voted.

 

The results of the vote were as follows: 10 affirmative and 0 negative. This will be presented to County Commissioners for their action. 

Attorney Altman stated, that will be next Monday at 8:30 a.m. right here and they have the final say. 

President Anderson stated, I would be there if you want it passed because they can turn it down again if they have any questions.

 

Vicki Pugh asked, is that morning or night?

 

Director Weaver stated, morning. 

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#247 Leonard Lavin; Requesting approval of a 2 lot subdivision to be known as Lavin’s First Addition on 0.303 acres. The property is located in the City of Monticello at 504 Walnut Street.

 

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

 

Leonard Lavin was representing the request.

 

President Anderson asked, do we have anyone here with any questions about this request? Is there anyone in the audience with any questions about this request?

 

Director Weaver stated, I’m not aware of any calls to the office on this either.

 

President Anderson asked, do the Commissioners have any questions?

 

Jay Clawson stated, I don’t see any utility easements or where the utilities are coming from.

 

Director Weaver stated, the utilities are noted on here. They are shown on here, the existing water line and sanitary sewer lines are on there.

 

Steve Fisher asked, is the barn going to stay on lot #1?

 

Leonard Lavin stated, no, I’m probably going to tear it down eventually and put a small house on there.

 

Attorney Altman asked, so it will be removed when this house is put on?

 

Leonard Lavin stated, correct.

 

President Anderson asked, do the Commissioners have any other questions about the request?

 

Ron Pollock asked, is there enough room here?

 

Director Weaver stated, he would probably have to have a variance on that lot at some point when someone gets ready to build.

 

President Anderson asked, right now we’re going for the Primary Approval?

 

Director Weaver stated, yes.

 

Attorney Altman asked, so the subdivision doesn’t meet the standard of the Subdivision Ordinance then?

 

Director Weaver stated, yes, it meets it.

 

Attorney Altman asked, can they build what that indicates they need to build on there without….

 

Director Weaver stated, depending on the size that they are wanting to build. There is an existing house there now but if someone would later tear that down and rebuild it they would have to request a variance, and that’s on a corner lot.

 

Steve Fisher asked, the house to the North, the house on the other side of the alley is that on Chestnut? Does that face Chestnut?

 

Leonard Lavin stated, I think it’s Turpie Street maybe. Actually, the house to the North faces Second Street.

 

Jay Clawson asked, so this is facing Second Street, the house right across the alley is facing the same way?

 

Leonard Lavin stated, correct.

 

Attorney Altman asked, so lot #2, the house that is on there does not conform with the subdivision?

 

Leonard Lavin stated, I’m not sure if it does or not.

 

Director Weaver stated, it does not meet the setback requirements.

 

Steve Fisher asked, is that the building area of that little small chunk there? Why is that?

 

Director Weaver stated, because the front setback, it’s a corner lot so it has a 32’ back from each roadside.

 

Steve Fisher asked, do you realize if that house burns…

 

Leonard Lavin stated, I would have to get a variance.

 

Steve Fisher stated, a really small place to build back.

 

Leonard Lavin stated, right.

 

Attorney Altman stated, all that I can say is if you have a house there that conforms now, and you create a second lot and you make the equivalent of two lots, I would think it would be an awfully poor argument for getting a variance to put anything like a house on what will be lot #2 later on. I would think that they should really think hard before they do this because that is as close as I can see and have seen in sometime of creating a violation of the subdivision and zoning law by subdividing.

 

President Anderson asked, so do you think that we’re violating?

 

Attorney Altman stated, no, but….

 

President Anderson stated, he is if he would….

 

Attorney Altman stated, I think that this subdivision is, creates a violation.

 

Director Weaver stated, but the house does not meet the setback requirements now. Whether this subdivision goes through or not the house does not meet the setback requirements now.

 

Attorney Altman stated, but that’s all grandfathered.

 

Director Weaver stated, right.

 

Attorney Altman stated, the new things today are not grandfathered at all by new things I’m saying, if you make this a two-lot subdivision you are creating violations or non-conforming uses that are not grandfathered. I presume that this house, although I don’t know that, on what will be on Walnut Street is before 1972 and therefore is completely grandfathered and completely legitimate. By making a two lot subdivision out of this, you’re making new non-conforming uses that can’t conform with the Subdivision Ordinance or the Zoning Ordinance.

 

Steve Fisher stated, but often times, we do make the subdivision that have an existing house that doesn’t conform.

 

Jay Clawson stated, what size of house has this got, of buildable, and what are you going to be able to build.

 

Leonard Lavin asked, if the existing house was to burn down?

 

The Board stated, yes.

 

Jay Clawson stated, what’s left there doesn’t look right, it’s a 24’ x 36’. So it’s about the size of a garage, what’s left where he can build.

 

President Anderson stated, he would have to get a variance to put something back.

 

Attorney Altman stated, I don’t know if it’s his problem or if it’s a subdivision problem but you need to look at it is what I’m trying to say.

 

Jay Clawson stated, we’re creating a non-conforming use.

 

Attorney Altman stated, if it’s approved, a violation.

 

Jay Clawson stated, which is not, we’re not suppose to change something to create a non-conforming use.

 

Attorney Altman stated, it sure looks like it to me, that’s what the Board has to decide.

 

President Anderson asked, do we have any more discussion on that? If he were to sell this and if the person that bought that had a fire and the person that bought that wouldn’t be able to build anything back.

 

Attorney Altman stated, not much, where now they have….

 

Jay Clawson stated, plenty of room to build back farther in the lot if they choose.

 

Attorney Altman stated, I guess what I’m saying is the Subdivision Ordinance doesn’t generally need to be used this way. It doesn’t comply.

 

President Anderson stated, it doesn’t comply with the subdivision ordinance to do that. What are you wanting to do with it? Are you wanting to build a new house on there?

 

Leonard Lavin stated, put a second house on it. The house that sits on there right now and I want to put another house in the new development.

 

Attorney Altman asked, is there anyway that you see that this conforms with the subdivision ordinance Director Weaver?

 

Director Weaver stated, I can’t answer that question.

 

With no further discussion the Board voted.

 

The Primary Approval Request for a 2-lot subdivision to be known as Lavin’s First Addition located in City of Monticello was denied by a vote of 0 to 10.

 

Attorney Altman stated, all 10 votes indicate that the standards of the Subdivision Control Ordinance have not been met. I gather from the discussion and the points that I have raised that the reason is it does not meet the standards of the Subdivision Control Ordinance by creating a non-conforming use.

 

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President Anderson stated, next on our agenda is business and we have someone here to speak to us. 

 

Director Weaver stated, yes. I have asked a couple of people to attend the meeting tonight. We have some letters of credit on some subdivisions that are about to expire. One being Sycamore Estates Subdivision which was approved last year. We also have Westside Commercial Subdivision, which was approved last year, and then we have Hunter Ridge Subdivision that was approved 2 years ago.

Attorney Altman and I have discussed this and we’re trying to little more closely monitor the improvements that are being put in the subdivisions. Therefore we asked when their letter of credit is getting ready to expire that they either submit a letter from an engineer stating that the improvements are in as needed to be or request an extension.

The first one that I have is for Sycamore Estates, Dave Jordan is here with us tonight. On this particular subdivision, they have 2 letters of credit on file with us at this point one being for the sidewalks only. The other being for the rest of the improvements in the subdivision. We have received a letter from Mr. Paul Couts stating that they have put in the improvements as needed into the subdivision for the streets, sanitary sewers, water supply and storm drainage. They have not put in the sidewalks, I have talked to Mr. Jordan and the reason for them not putting in the sidewalks, they have amended their restrictions. They are now requiring the purchaser of the lot to put the sidewalks in after the home is built because they have found if they go ahead and put these sidewalks in, they are going to wind up being replaced because of the equipment coming to build the homes. I guess that I will turn it over to Mr. Jordan and let him explain further if you have questions for him.

 

Dave Jordan stated, I think that the thing about the sidewalks, we really want to put them in. If you go out and look at it, the ground has been tore up so much by putting in everything, we thought that we had it all taken care of and then the utility company comes in and they tear it all up again you’re probably looking, if you want to put in sidewalks and keep them, you’re looking at probably 2 years of settling that ground. We had holes dug 14’ to 17’ deep and all of that has to settle out to get a sidewalk to stay up on top. Then the next thing of it is, that if we do put it in you’re talking 4” of concrete, 4’ wide and a concrete truck is going to drive over that, depending on the time of the year, chances are, it’s not going to hold up. So what we did is, we tried to come up with what is going to work we have 4 homes out there sold where we’re going to put sidewalks in this year, we will probably wait until the latter part of the summer to hope that when we do it we have as much settling as we possibly can. Other than that, we felt okay, how do we go about doing this and we came up with the idea and said that if you buy a lot and you build, you have to put your own sidewalk in and eventually as the lots are sold the sidewalks are in there.

 

Jay Clawson asked, in doing this are you going to have an engineer set grades for every lot so when you pour to a vacant lot and they come and meet, if someone’s elevation dips 2 inches then you end up with sidewalks that are going up and down all of the way down the block?

 

Dave Jordan stated, actually, it’s pretty well set up in the construction plans, they go off of the curve and they go up so high, back so far and it’s pretty well set to that.

 

Jay Clawson asked, you have the elevation set so they can go up 3 high? 

Ron Pollock asked, is this optional with putting their sidewalk in there now?

 

Dave Jordan stated, no.

 

Ron Pollock asked, part of the agreement?

 

Dave Jordan stated, right, and it’s part of the covenants and we have had to redo the convenants and to do this then we have the people and everyone in there to sign off because we have some more issues that we didn’t address. The maintenance of the retention pond and all of this is addressed in there and eventually we want the home owners to pick up that and that is in there as well, too. I personally like the idea of putting the sidewalks in but when you go out and look at it and grade it all out and it’s all level and it looks good and you get a rain and you come back, 6 more inches. We have already put it in there a couple, three times and we have to do it again now. It is just going to keep on settling and it wouldn’t take much at all for a concrete truck to go in and bust it all up and now your faced with the city then coming back and replacing it. I’m sure that Jay does not want to hear that, he would rather see it go in right the first time and stay there. I think that 5 years from now when it’s really settled out you would even have a much better chance of the sidewalks staying in. Right now, I wouldn’t give it a prayer with as much dirt that was turned out there to get all of that in. The difference with the sidewalk and the street a street, when you dig down everything is filled with rock all of the way up so there’s not settling there but often off of the road it’s all dirt that if filled back in. 

President Anderson asked, does anyone else have any questions for Mr. Jordan about that?

 

Don Ward asked, will you still be responsible in the end to us or are you requesting each landowner be responsible to us?

 

Dave Jordan stated, it’s actually going to go with the subdivision, they are going to be responsible. They are going to be responsible and it’s our responsibility to see that they do these covenants.

 

Don Ward stated, but your responsibility is to us, see that it gets done.

 

Dave Jordan asked, once it gets annexed, isn’t it really going to be the city? I don’t know how this goes to be honest with you but we’re going to see that they go in because we want it there for the subdivision. We’re going to enforce the laws but it’s like anything else, eventually, we’re going to have 69 sold and 1 left but this is still part of the subdivision. I think that the city at this time is going to own everything out there and they are going to see that this is part of it too. It’s going to be part of it with getting a building permit too. I would think that together this thing can be controlled, a building permit. These are the restrictions that you know that you have to put in a driveway, you know that you have to put in a light and you know that you have to put in a sidewalk. I would think that as long as they agree to that then they are not only in violation with us with the subdivision but they are also in violation with you with a building permit.

 

Director Weaver stated, when we issue a building permit, we do not enforce those private restrictions. That is up to you to enforce those private restrictions.

 

Dave Jordan stated, okay.

 

President Anderson asked, when the lots are for sale are they going pretty much in a succession, can they just buy anywhere in the 69 different lots?

 

Dave Jordan stated, yes, actually we have 30.

 

President Anderson asked, set up right now?

 

Dave Jordan stated, yes.

 

Attorney Altman stated, it’s a real tough problem from a point of view, you have to wait a while.

 

Don Ward stated, I agree that can’t be done right away. It looks like they would be responsible to us.

 

Attorney Altman stated, I would think so.

 

Jay Clawson stated, I don’t think that we would want to assume that it’s the City’s responsibility to try to get sidewalks put in this subdivision.

 

Attorney Altman stated, I think that with these restrictions if they were going to modify this subdivision, they need to be approved by Area Plan Commission as an amendment of their Subdivision Ordinance and this is a good way to study it and look at it.

 

Dave Jordan stated, excuse me but, if you’re not going to be held responsible, why would we need your approval for the restrictions that we have put on it.

 

Attorney Altman stated, they are part of the original subdivision that we approved, as it was approved.

 

Dave Jordan stated, you just stated here, unless I have misunderstood you, that you did not want to be responsible for doing these things.

 

Attorney Altman stated, not for doing them but we are responsible to see that they are done.

 

Dave Jordan asked, what’s the issue with the sidewalks later on?

 

Attorney Altman stated, that’s why the bond is there and paid for.

 

Dave Jordan stated, I will put sidewalks in and all that I’m saying is it’s a mistake in doing it but we don’t want to have a letter of credit sitting out there forever and that’s the issue here. How do we do this, I would much rather just go put the sidewalks in and if they crack and break up then they crack and break up.

 

Attorney Altman stated, which is a terrible solution.

 

Dave Jordan stated, you’re darned if you do and you’re darned if you don’t and I think that we came up with the best solution. Actually, it came out of what they are doing in Lafayette because they have the same problem with subdivisions and this is how they got around it. We put curbs in and we put rebar in and everything else in to hold it and I guarantee that you that they can even tear them up but these things are 10” to 12” thick and 18” to 20” wide and stuff like this here so there’s a lot more there. I don’t have a problem enforcing it because we have a lot at stake out there, a lot of dollars. I don’t really like the idea of a sidewalk going in for this lot and nothing next door, sidewalk in for that one but I don’t know of a better solution for it right now. Like I said I think in 2 or 3 years when the ground has really settled I think then you have a better chance of putting a sidewalk in and then advising the home owners, look, you better decide where you’re putting your driveway in, cut the sidewalk out and the concrete trucks need to go in and out of that area but that doesn’t happen all of the time.

 

Ron Pollock asked, can you put the sidewalk in and leave so much and leave a space for the driveway?

 

Dave Jordan stated, yes, but when they buy it… 

 

Don Ward stated, I don’t think that will work very well, I think he is right you’re going to have to wait until they are done and landscaped and grated down and settled down so you know what you’re doing and try to do a good job.

 

Attorney Altman asked, when does his bond or letter of credit expire?

 

Director Weaver stated, pretty quick. I believe that it’s March 28th, yes, both of them expire at the same time for the sidewalks and the other improvements.

 

President Anderson asked, the other improvements have been pretty well done?

 

Director Weaver stated, according to the letter from Paul Couts, yes.

 

Dave Jordan asked, this is by memory and I don’t have it but isn’t it like 20 some thousand dollars for the sidewalks or 17 or something like that?

 

Director Weaver stated, I tried to have that information with me, I will check here.

 

Attorney Altman asked, Jay, what do you suggest, you guys would be the city and what do you think?

 

Don Ward stated, I think that the city has the power to order it done and put it on their taxes if they don’t make them do it.

 

Jay Clawson stated, if we were able to issue like a lot of towns, you have a certificate of occupancy when a house is done, like with Lafayette with their inspection program that they have…

 

Attorney Altman stated, and we don’t have….

 

Jay Clawson stated, if we had that power and those improvements weren’t done when it was time to move in you could say, you can’t move in until your sidewalks are poured, that’s for every house that is here. Until we are better equipped to monitor this, it’s awful hard for that to be in our court. Like Dave said, it’s futile when they run, heavy trucks come in to excavate and ruin brand new, you hate to have all of these brand new sidewalks busted down and with the settling so I really don’t know.

 

Don Ward stated, they really wouldn't have to build the sidewalk, they could live there for a year first and probably not hurt anything.

 

Dave Jordan stated, yes.

 

Jay Clawson stated, but it needs to, the homes that are built 4 or 5 years down the road, when the ground is all settled, when they get ready to landscape they could do it then.

 

Dave Jordan asked, Jay, now with the City, Mr. Braaksma does the inspections, wouldn't this be something that maybe we could go to the City Council and ask them to put this on there as well when he issues it.

 

Director Weaver stated, I believe that the city can issue an Occupancy Permit.

 

Jay Clawson stated, I would know more about it talking to our Attorney and what he has to say about it but yes, you might talk to Bob and see about getting it on our agenda and then if we can do something to work with you that way we can get this to come back to a meeting.

 

Dave Jordan stated, we have him right now, actually, because there are 2 houses that are actually in the city right now. The others are out in the County, because it’s not annexed but we have Bob, he is actually overseeing them too because we wanted this to be done. I guess the thing we’re looking for here is we need to do something in a couple of weeks. We certainly don’t want you to call the bank up and say hey, these sidewalks aren’t in, you go put them in with this letter of credit.

 

Attorney Altman stated, we don’t want to do that either, not at all.

 

Dave Jordan stated, I know, but what do we do between now and the end of month, we need to do something.

 

Attorney Altman asked, can you get a month’s extension? I know that you can.

 

Dave Jordan stated, we can, that’s not going to be the problem, it costs just as much for a month as it does 6 months or whatever but I think that we should try to figure out what we should do and make a go with it.

 

Attorney Altman stated, you’re on a real tough one here.

 

Dave Jordan stated, I know it’s something that you don’t really, we can do it and I think that all of us agree it’s not the right thing to do because they are not going to hold up.

 

Attorney Altman stated, I don’t think that in 6 months it would be the thing to do.

 

Dave Jordan stated, no, what I’m thinking of is if it’s such a thing that if we need to go get the City on board and how they are going to do it and everything else we’re not going to do it in a month. Do you see what I’m saying Jerry?

 

Attorney Altman stated, I think that you’re right.

 

Dave Jordan stated, so maybe we should….

 

President Anderson stated, make a longer extension.

 

Dave Jordan stated, does it for 6 months and then work on a plan and I could work…

 

Attorney Altman stated, if you could do that.

 

Jay Clawson stated, I think that we should come up with some kind of a plan through the city that if we can legally have the ways to enforce them to do it when they put the sidewalks in and it’s all legal I think that we could probably sell this to the rest of the City Council. I don’t want to have something written and then it’s not legal and then they want to take us to court.

 

President Anderson stated, his next step would be to go to the City Council and see what we can get done there and then come back to us.

 

Jay Clawson stated, yes.

 

President Anderson asked, what are you wanting us to do, accept…

 

Dave Jordan stated, why don’t we do this here, let’s take, there are two of them there we would like to and, I guess that all that you would need to do is elapse on the bigger one because we don’t have to do anything there.

 

President Anderson stated, that’s already taken care of.

 

Attorney Altman stated, the bigger one is maybe some grass seed to put in. How many square yards of seed do you have any idea?

 

Dave Jordan stated, I don’t know, there’s a bunch out there, you have 12 acres.

 

Attorney Altman stated, and that’s not done.

 

Dave Jordan stated, yes, and they just need to get some vegetation, the weeds are going to take over and do it.

 

Attorney Altman stated, but you can’t do it now.

 

Dave Jordan stated, no.

 

Attorney Altman stated, you could seed it down actually, right now is a pretty good time to put grass down.

 

Dave Jordan stated, we have to go out and fill in the holes again first. One thing that you would have too with the sidewalk maybe we would just take that and amend that for seeding too.

 

Attorney Altman stated, that would be a super idea.

 

Dave Jordan stated, that would be covered there.

 

Jay Clawson asked, sidewalks and seeding?

 

Dave Jordan stated, yes.

 

Jay Clawson stated, and then get rid of your big letter of credit on your sewers.

 

Dave Jordan stated, then we can do that, do you want to add a couple of thousand of dollars to that, to the sidewalk and then we will work with the city to try to come up with a solution there. Do you want to talk about the next one while I’m standing here?

 

Director Weaver stated, yes, that was next. We’re going to let the big one expire, we want an extension on the small one and add 2,000 dollars to that for seeding.

 

Dave Jordan stated, okay.

 

Director Weaver stated, the next one that we have is on Westside Commercial Subdivision which is also Dave Jordan’s and we’re asking for an extension on this project.

 

Attorney Altman stated, I don’t see absolutely no reason not to grant it.

 

Dave Jordan stated, we’ll be faced there with sidewalk issues as well, but we’ll just renew all of those then we’ll solve that.

 

President Anderson asked, do we have a vote on extending that then? Is that what we want to do?

 

Attorney Altman stated, yes, we can take them both as a vote on the extension of the first one with 2,000 dollars added for seeding and let the big one expire. All of those in favor signify by saying I.

 

The Board stated I.

 

Attorney Altman stated, all opposed the same sign.

 

President Anderson stated, so moved.

 

Attorney Altman stated, then the second one and Dave you said 6 months is as much, so we might as well go 6 months on the second one.

 

Dave Jordan stated, yes, why don’t we do that on both Sycamore sidewalks and we will have this out here. To give you an idea, last Thursday we finally got our permit to put the sewer in, it’s taken this long to do it.

 

Attorney Altman stated, so on the second one the motion is just to extend it for 6 months. All of those in favor signify by saying I.

 

The board stated, I.

 

Attorney Altman stated, opposed the same sign.

 

President Anderson stated, so moved. 

Attorney Altman stated, granted.

 

Director Weaver stated, the next one that we have is Hunter Ridge, we have Perry McWilliams here to discuss. This they have part of their improvements in, they still need to chip and seal and they are asking for an extension.

 

Attorney Altman asked, would it be an extension for all of it, dollar wise, all of it?

 

Perry McWilliams stated, no, I spoke to John O’Brien after I got the letter and seeing that we were up against a deadline here and those were some of those nice 70 degree days. I asked John if they were batching out but unfortunately they don’t start until April. That’s when they start getting in operation and I told them that I had a deadline, I need you to get out here. He said “Perry, I can’t promise you because I don’t know what the weather is going to do”. So he said April, maybe the last week of April, the latest that it would be is the first week of May is when he could be out there and get everything finished up so my deadline I think is the 19th.

 

Attorney Altman asked, of April?

 

Perry McWilliams stated, of April and who knows, maybe April is going to be great.

 

President Anderson stated, depending on the weather.

 

Perry McWilliams stated, yes, it could be a terrible month so I can’t guarantee the 19th.

 

President Anderson asked, what kind of an extension do you want?

 

Perry McWilliams stated, a month would be fine.

 

Attorney Altman asked, would you be like him, 6 months wouldn’t be bad?

 

Perry McWilliams stated, it’s what ever you guys want but I’m saying….

 

President Anderson stated, we would give you more than a month.

 

Perry McWilliams stated, well, you had better say 2 months then in case we had rain in April and May and who knows.

 

Jay Clawson stated, we have seen a lot in those two months not to be able to put any blacktop down. 

 

Perry McWilliams stated, like you said Jay, that time of year.

 

Jay Clawson stated, your ground holds the moisture, you won’t want to put blacktop over the top of stone.

 

Attorney Altman stated, we just prefer that you don’t do it either.

 

Perry McWilliams stated, well, Dave is speaking about sidewalks and everything, that’s why I guess that I haven’t even done it to this point, with ready mix trucks and everything I hate putting in a nice road and then having it tore up. I just wish that there was some kind of a balance but we’ll get it in, no doubt, it’s going to help my lot sales. We live out there anyway and we want to do it but the weather is really a hindrance right now I’m really subject to that.

 

Don Ward stated, you need to wait until it drains out too, not only stop raining but dries out.

 

President Anderson asked, do you want 3 months?

 

Perry McWilliams stated, I think that we will probably go with that chip and seal just because that will allow us more money to put in an entrance. We want to do that and I need to finish out on the highway. I’m going to have them put a bump out on the road there that I have on the State Highway. Honestly, a year after the chip and seal is on there, if it’s a good job which Central does, it looks like asphalt anyway, I think I’m going to go that route Don, that’s what I have requested originally.

 

Don Ward stated, that’s all that is required.

 

Perry McWilliams stated, yes.

 

President Anderson asked, do you want to extend it for 2 or do you want to wait 3, which would put it in the middle of July wouldn’t it?

 

Perry McWilliams stated, okay, sounds good, let’s go with a 3 month extension.

 

President Anderson asked, extend your letter of credit too?

 

Perry McWilliams stated, for 3 months.

 

President Anderson asked, all in favor of extending the letter of credit for 3 months….

 

Attorney Altman stated, for the amount of the estimate.

 

Perry McWilliams asked, that’s fine, how much was that?

 

Director Weaver stated, I do want to point out that I do not have anything from an engineer stating that the rest of the improvements are in at this point. All that we have is the letter from Perry.

 

Attorney Altman stated, it would all be extended unless an engineer gives a letter of completion.

 

President Anderson asked, can they do that through Director Weaver?

 

Attorney Altman stated, sure, that’s what she would do anyway.

 

Director Weaver stated, the current letter of credit is only for 8,200 dollars, that’s for everything.

 

Perry McWilliams stated, that’s probably about right.

 

President Anderson asked, do you want to stay at the 8,200 dollars for 3 months?

 

Perry McWilliams stated, yes.

 

President Anderson stated, all in favor of extending the letter of credit for 3 months and the improvements for 3 months, say I.

 

The Board stated, I.

 

President Anderson stated, all opposed the same. So moved.

 

****

 

President Anderson asked, is there anything else?

 

Director Weaver stated, yes, I want to let the Board know that the amendments that we have passed, I have been notified from Brookston, Monticello, Reynolds and Wolcott that they have passed those amendments. I have not yet heard from the other towns and the County Commissioners are wanting to wait to do anything with them until they see how the towns are acting on those so we are making some progress on those.

One thing that I wanted to discuss with the Board is, Girtz Industries is doing business out of Kenny Implement. I was kind of shocked when we had an article show up in the paper saying that they were working out there. Attorney Altman and I have discussed this and hadn’t come to a conclusion of what was going to be done on this. What we felt like, if this was along the same line of what was going on out there previously. They only have a 90 day lease out there according to the newspaper here and they are doing light assembly work the property is zoned B-2. I just wanted to get the Board’s opinion on this whether this is something that should be allowed.

 

Ron Pollock asked, isn’t that something that was like the work that they were doing there before in servicing vehicles?

 

Jay Clawson stated, they were doing Wabash National trailers out there for the last 3 or 4 years.

 

Director Weaver asked, in a business zone?

 

Jay Clawson stated, they would back a trailer in out there and finish them out.

 

Ron Pollock asked, out by the lake you mean?

 

Jay Clawson stated, no, Kenny Implement was bringing Wabash Trailers in and doing them. Ones that didn’t pass final inspection they would bring them up and finish them out.

 

Director Weaver asked, did they ever submit a letter to you explaining what went on previously and what they were going to do currently?

 

Attorney Altman stated, Kenny Implement never did.

 

Director Weaver asked, did Girtz?

 

Attorney Altman stated, Girtz did.

 

Director Weaver stated, supplied something to you, because you did not give me a copy of that.

 

Attorney Altman stated, yes, you’re right, I snuck it, I forgot it but then Kenny Implement never did and that’s what I asked and never got. They did talk to me about doing these things like he is saying but it never got a letter.

 

Jay Clawson stated, they were bringing them in and doing repairs on them.

 

Greg Bossaer stated, when Kenny was there, I can’t see that was any different than what they do without looking.

 

Jay Clawson stated, they just assembled.

 

Director Weaver stated, that’s why I wanted to ask the Board.

 

Jay Clawson stated, they use to build grain bins and all kinds of stuff, just assemble all of that stuff years and years ago.

 

Director Weaver stated, as long as this Board has no problems, I will let it go. I figured that you guys would know better than I would.

 

President Anderson stated, well, if they decided to buy that property or something.

 

Jay Clawson stated, then they would have to act on it.

 

President Anderson stated, rezone it.

 

Director Weaver stated, right, which they have been told that they are not properly zoned for business.

 

President Anderson stated, which typically wouldn’t be a good idea for that area anyway.

 

Director Weaver stated, I believe that is all that I have.

 

****

 

Greg Bossaer made a motion to adjourn.

 

Jay Clawson seconded the motion.

 

****

 

The meeting adjourned.

 

Respectfully submitted,

 

 

 

 

Ray Butz, Secretary

White County Area Plan Commission

 

 

 

 

 

 

Diann Weaver, Director

White County Area Plan Commission