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The White County Area Plan Commission met Monday, June 12, 2000, at 7:30 p.m. in the Commissioner’s Meeting Room, Second Floor, County Building, Monticello, Indiana.

Members attending were: Jay Clawson, 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: Karen Crawford, Don Crawford, Bob Fox, Jason Williams, Bob Dungan, Jeff Ward, Charlene Ward, Paul Couts, Terry Smith, Don Ward, Linda Crume, A. Ed & Darleen Lynch, Doug Barnard and Phil Kerkhoff. 

 

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 April 17th and May 8th, 2000. Motion was seconded by Steve Fisher and carried unanimously.

 

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#711 Charles & Darla Tribbett; Requesting to rezone from A-1 to B-2 on 13.081 acres. The property is located in the City of Monticello, directly North of the intersection of 8th Street and Washington Street.

 

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

 

Bob Dungan stated, I’m representing Dr. Tribbett and Darla through this endeavor.

 

President Anderson asked, do we have anyone here with any questions about this request?

 

Bob Dungan stated, what we’re trying to do here is zone a 13 acre parcel that sits at the corner of Washington and 8th Street, which 8th Street is the new street that we put going North from State Road 24 next to hendricksons. As you can see by the sketch that I gave you Hendricksons and everything going back to the East all of the way to Sixth Street is already zoned B-2 I think, Director Weaver correct me if I’m wrong, I think that Wal-Mart is also B-2.

 

Director Weaver stated, yes.

 

Bob Dungan stated, the property in front of them is also B-2 so basically everything around this property is all currently B-2, with the exception of A.O. Smith and I believe that they are industrial. So, we are asking for a zoning change from agricultural to B-2 on the 13 acre property.

 

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

 

Don Ward asked, what are you going to do about 8th Street? Are you going to run it back into that property and that will never go though?

 

Bob Dungan stated, at this point and time there is no plans to extend 8th Street to the North. That was brought up in the past administration they kind of thought that it was going to be kind of an expensive project to do that and it was kind of dropped so yes, I guess to answer your question that’s probably what would happen. If there was some plans in place or something I’m sure that it would be some consideration but now my understanding, do you have any insight on that Bob?

 

Mayor Bob Fox stated, no one has brought anything in front of the Council that I know of.

 

Ron Pollock asked, when we met with Wal-Mart was there talk like they would be willing to go across the ditch?

 

Bob Dungan stated, when we met with Wal-Mart the very first time they brought a plan in that had the jog, where you’re seeing the little inset there, they had a jog going up in there, and I felt, that should have been taken straight through. I think that they did go back and change their plans to take that straight through but to my knowledge no one has ever heard from Wal-Mart since.

 

Director Weaver stated, I have not heard anything about it.

 

Bob Dungan stated, I called them about a month after that and asked if their intentions were to still pursue that. They told me at that time that they didn’t have any idea what they were going to do. I don’t think that would even give us a problem there because the owners of the property would probably work with Wal-Mart on a situation like that.

 

Attorney Altman asked, so you would have no trouble with extending Washington Street? Obviously, that was resolved in a jog that will allow it to go across to the West, the South boundary of the North piece of this property. Mr. Dungan is that what you’re proposing?

 

Bob Dungan stated, I honesty can’t tell you because the property is being sold and I don’t know what the new owner would do there. I think that it would probably be in his best interest to cooperate with them on something like that but, like I said it has never come up so I don’t know.

 

Attorney Altman stated, someday, someway someone has to put some streets in here or we’re going to have real problems there.

 

Bob Dungan stated, I agree.

 

Mayor Fox stated, Jerry, at the present time I believe that the City would not be for that because the traffic control in that area right now is absolutely horrible there at times. It’s due to the fact that there is an offset of Washington Street, you have Washington Street that comes in from the East and dead ends into Sixth Street and then you have your jog. You have Washington Street there, you have the bank, the filling station, the factories, and U.S. 24. You can’t get out onto Sixth Street if you want to turn left. You forget it and everyone now is cutting up 8th Street and coming across Washington Street. I have discussed this with our Council on several occasions and we believe that it would not be a safety factor at this time to even think about extending Washington Street. It would create more traffic and hazardous problems at this time.

 

Attorney Altman asked, what about 8th Street North?

 

Mayor Fox stated, of course, that would be in the County at the present time.

 

Attorney Altman stated, I understand but it’s so close to the city.

 

Mayor Fox stated, I have suggested that to the county to the Commissioners and the Commissioners are not in agreement with that idea at this time.

 

Ron Pollock asked, would we have to go over the railroad tracks?

 

Bob Dungan stated, yes.

 

Attorney Altman stated, ultimately yes.

 

Don Ward stated, I don’t think so, that’s a problem but something has got to go through either the West side of Wal-Mart or somewhere we have to get a street through there I think.

 

Bob Dungan stated, that was another option that was brought up a couple of times is on the West side of Wal-Mart creating I guess it would be a 9th Street and going straight there. When you look at the aerial maps they line up a lot better and it does kind of make more sense to approach that as far as getting across the tracks and not creating a disturbance to the property.

 

Don Ward stated, we need a way around because already on Saturday even the traffic was backed all of the way up past Wal-Mart. There needs to be some way to get them out of there and get the around and get them to Indiana beach.

 

Attorney Altman stated, not very well.

 

Ron Pollock asked, has this property sold now?

 

Bob Dungan stated, it’s pending sales is pending on it.

 

Ron Pollock asked, has it ever been discussed with them?

 

Bob Dungan asked, extending 8th Street North? No, I’m sorry it has not.

 

President Anderson asked, do you have an idea what they are wanting to do with the property at all?

 

Bob Dungan stated, it’s retail. It’s not that type of real estate, to be honest with you. It’s retail, that does not generate a lot of vital traffic.

 

Attorney Altman asked, on 13 acres?

 

Bob Dungan stated, I’m not sure what they are going to do with all 13 aces, I’m guessing that they are going to use about 9 acres of it.

 

Attorney Altman stated, if someone was using 4 acres of it and I guess that I’m hearing the Board saying that the street is going to be there.

 

President Anderson asked, 8th Street North do you have any idea where that would come out or would that come right into the house?

 

Bob Dungan stated, yes, we did that once and I think that comes though Godloves property just West of the jail.

 

Attorney Altman asked, can you see that Director Weaver on the computer?

 

Director Weaver stated, I’m getting logged into it.

 

Attorney Altman asked, Bob, just for the record the property that you’re talking about is also the property that would be, is it just this part that is just North of Washington Street?

 

Bob Dungan stated, yes.

 

Attorney Altman stated, with the survey I wasn’t sure. So it would starts along Washington Street 172.58’ and then goes North into the area that is designated 13.081 acres.

 

Bob Dungan stated, yes, this is the Buss Ditch that runs right along side of it.

 

Attorney Altman stated, obviously, it comes to the hands of the City but the Board is concerned about it.

 

Jay Clawson stated, when we okayed this street to be brought here past the administration at this meeting it was said that West Washington Street was going to be curved to line up with it.

 

Mayor Fox stated, I had heard that too but no one has ever showed me anything on it.

 

Jay Clawson asked, there was never any plans on your desk when you moved in?

 

Mayor Fox stated, no, I had heard that too, I have a neighbor down there….

 

Attorney Altman stated, excuse me, Director Weaver can’t get it here, would the Board like to see a map printed up of that area and where it goes through? She has to go to her office to get it though.

 

Don Ward stated, it wouldn’t be a bad idea.

 

President Anderson stated, we are here for the best use of the land and obviously at some point the best use of this land would be business, in a business area. Right now do we want to do something like that when we know we are going to add more congestion to an area that is already congested with no one giving us any idea of how they are going to alleviate any congestion in that area?

 

Jay Clawson stated, I believe that once they get the intersection done at 24 then they can get that done it’s going to be a turn lane and things like that plus the light out at Wal-Mart will create, relieve a lot of pressure on that intersection.

 

Don Ward stated, the trouble is that I see it is it would take care of the normal time but it’s still going to be a terrible mess because state highway is not putting one for left turning.

 

Jay Clawson stated, one of the things that has been tossed around too is Spackman is trying to get people to bypass Range Line Road and then go up C.R. 275 and come out there for an alternative route. 

 

President Anderson stated, the size of Hanawalt right now with the size of Hanawalt is not a real good alternative anyway.

 

Don Ward stated, neither can the road that’s West of Wal-Mart right now.

 

Ron Pollock stated, it’s just like when Wal-Mart got in they promised us this and once they got in they didn’t do anything.

 

Jay Clawson stated, Wal-Mart didn’t promise anything. They agreed to put an easement across the ditch if we decide to put a road through. I even backed off after I noticed how they subdivided this property. With Hendrickson divided past the road going back, kind of messed up the whole aspect of getting West Washington Street with that big jog in there is going to create a real problem when you have 8th Street coming in. That road jogs around there, if you ever extend it by it’s going to be another intersection problem like what we have on 6th Street, two roads not meeting up.

 

Ron Pollock stated, if they developed that property 8th street wouldn’t dead end right there anyway.

 

Jay Clawson stated, you never know, if they develop that in and put a street but it’s going to dead end at this property but they might extend the street all of the way through the property.

 

Ron Pollock stated, 9th street would probably be the best thing, if we had the money to go over the railroad tracks.

 

Attorney Altman stated, waiting on Director Weaver that’s all that we can say right now until we see the map and visualize it, but that would probably help a lot.

 

Ron Pollock asked, is she going to make a copy for us?

 

Attorney Altman stated, of the whole area showing where 9th street would go, visualize it where it would go and also where 10th or 11th street would go.

 

Ron Pollock asked, would 9th street continue on when you cross the railroad tracks?

 

Attorney Altman stated, there’s nothing up there.

 

Bob Dungan stated, if they develop 9th street it would be a considerable distance West of the jail. I will look at the map but it probably goes another 500’ West of where 8th Street would go.

 

Attorney Altman stated, one of these is going to have to go through to elevate for any kind of decent of planning is what it amounts to. If not here, where?

 

Ron Pollock asked, that would push the traffic down a lot won’t it?

 

President Anderson stated, some of it.

 

Attorney Altman stated, obviously 6th street wen all of the way to 100 when they developed it they developed all of the way a long time ago but good planning had it happened, sure, you’re right.

 

Bob Dungan stated, I think that another thing that would really alleviate a lot of problems is if 6th Street was redeveloped to be able to carry the flow of traffic because right now 6th Street barely carries the flow of traffic. We were just talking before the meeting, there at 6th and Fisher and 6th and Rickey Road are getting to be a problem and too dangerous of intersections in the City. There was a thought bantered around that I heard some time back, that carrying 6th Street, making it a straight lane all of the way North and that would make a tremendous difference.

 

Ron Pollock stated, if they put a restaurant out by the motel/hotel you really watch that develop out there.

 

Bob Dungan stated, I hope so but there again I think that you’re right. on the original plan was to developed South 6th street into 3 lanes with the 5th district going down through there but I don’t know how that is proceeding now but once we get a restaurant down through there that whole area is going to grow real well. I’m talking to several businesses right now that from out of the area that are interested in that property.

 

Don Ward stated, another problem is that is going to carry a lot of traffic to the South to the street to the South end of the town and bring it back around.

 

Bob Dungan stated, Gordon Street.

 

Don Ward stated, right and that’s going to put them right through a residential area.

 

Bob Dungan stated, but you’re going to catch a residential area no matter which way you go when you think about it.

 

Don Ward stated, unless you go far enough North or South.

 

Attorney Altman stated, again for the record our director has just ran off a scale map of the area in question showing almost up to Hanawalt.

 

Bob Dungan stated, I believe that we would have to go through Godlove’s property right there.

 

Don Ward stated, by the looks of it would just miss that there. It would be right beside it on the West side.

 

There was discussion among the Board members and the applicant’s representative.

 

Bob Dungan stated, then what do you do, do you put all of the traffic on Hanawalt from that point that will not carry it or do you carry it on North and go up to Rickey road?

 

Attorney Altman stated, carry it on North, you really need to, it should go all of the way.

 

President Anderson asked, is that going to, if an easement was let through something like that through that other property how is that going to split that other property in two the 13 acres?

 

Bob Dungan stated, it’s about going to destroy it. If you take 60’ out of the middle of it…

 

President Anderson asked, is that going to be out of the middle of it?

 

Bob Dungan stated, if you take 60’ out of the middle of it then you have 75’ off of the side of it for the setback for the ditch, it’s going to make it very tough to build. If you can pull the road over to the East a little bit, then…

 

Attorney Altman stated, it will destroy it.

 

Bob Dungan stated, you’re going to destroy a lot of property.

 

President Anderson stated, we’re back to the rezoning.

 

Bob Dungan stated, my question to the Board is, are we going to set a side a piece of potentially valuable property for future planning that may never come. It may not be the most appropriate place to put that street to start with, it may or may not, or are we going to go ahead and let this property set on it’s own merits and then start working on a workable plan for it. As of now there has not been any work done on any potential planning for those projects and I think that if we destroy this piece of property we’re doing a disservice. I can’t tell you who it is but I think that everyone would be pleased to see this project come about so I would ask for you to go ahead and vote.

 

Jay Clawson asked, the only question that I have Bob is the city’s new drainage, is that off of this property?

 

Bob Dungan stated, yes, there is actually an easement on this property that goes right across the North end of A.O. Smith and there is an easement on the very North end of this and dumps in the Buss Ditch right there. It’s a 36” tile that goes to it.

 

Don Ward asked, on the South side of the railroad tracks?

 

Bob Dungan stated, yes, on the South side of the railroad tracks.

 

Don Ward stated, you have a railroad ditch in there too.

 

Bob Dungan stated, yes, I believe that is a 36” tile.

 

President Anderson asked, does anyone in the audience have any questions? If not I say let’s go ahead and vote.

 

With no further discussion the Board voted.

 

The results of the vote were as follows: 8 affirmative and 1 negative. This will be presented to City of Monticello for their action. 

Attorney Altman stated, it will be forwarded on when Director Weaver?

 

Director Weaver stated, it will be forwarded on if it is in their office by Wednesday, I believe it is then, it will be on the agenda for the next meeting Monday evening.

 

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#712 Robert E. Bartlett; Requesting to rezone from B-1 to B-2 on Lot 7 and 37’ of even width off the entire South side of Lot 8 in Block 19 in the Original Plat of Brookston. The property is located in the Town of Brookston on the Northwest corner of Wood Street and Third Street.

 

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

 

Doug Barnard stated, I’m with Barnard Construction and I’m representing Rob Bartlett.

 

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

 

Linda Krum stated, I live directly next to the used car lot that they’re wanting to rezone and I would like to know the difference between the zoning, what the general business zone would allow them to build.

 

President Anderson asked, do you want to give her an idea what you are going to build?

 

Doug Barnard stated, basically the B-1 is fairly restrictive in my understanding as far as pretty much allowing offices and that sort of a business. In a B-2, it allows more of a general business. The plan there is to develop the property, put a small sales office with mainly a detail shop, not to bring in any kind of heavy business or anything like that but just to do more than just have cars setting there.

 

Linda Krum stated, I have an objection to that because the lot sits directly next to mine if you’re going to change it into a business area. The lot is already stuck into a residential area and what’s going to happen is my property value is going to go down and there is going to be increased traffic and increased noise. The property is going to be, more than likely, going to face 18 which means that the back of the property will face my property. You’ll have the alleyway and the dumpster, just an increase in property. I think that my property value would go down.

 

President Anderson asked, does anyone else in the audience have any questions about this request?

 

Doug Barnard stated, in that area the neighboring properties, you have the water tower across the street, her house directly behind and there is a privacy fence that separates the two I believe. There is a church across one street and beside that is the feed mill that is zoned B-2. Everything up to that point is zoned B-2 across the alley from this property. Setbacks don’t allow for a lot of things to be stored behind the building. I think that Bartletts have proven themselves as far as being good neighbors and keeping their properties up and keeping things nice in town. Trying to keep things nice, I would hope that it wouldn’t hurt your property value. 

 

Linda Krum asked, would that not allow them to sell the property in say about 10 years and allow someone else to build a different type of business on the area?

 

Attorney Altman stated, sure would. They could do that right now too.

 

Linda Krum stated, but that would open it up someone to build a gas station am I correct, next door.

 

President Anderson stated, they don‘t want to build a gas station there anyway.

 

Attorney Altman stated, would a gas station go in a B-2.

 

President Anderson stated, but they could do something like that.

 

Director Weaver stated, I believe that it could yes.

 

Linda Krum stated, but I mean like a general business, which is going to increase traffic in that area.

 

President Anderson asked, do you want to tell her what is allowed in there?

 

Director Weaver stated, yes, a B-2 zoning would allow many things, Antique Shops, Animal Hospital, Art Stores, Auction Barns, Auto Body Painting, Auto Body Repairs, Auto Glass Shop, Auto and Truck Rental Service, Auto Truck Sales, Auto Seat Repair, Automobile Accessory Store, Automobile Laundry, Automobile Service and Repair, Automobile Service Station, Auto and Truck Auction, Auto and Truck Tire Dealers, Bait Shop, Bakery Shop, Boat Retail And Commercial, Banks, Barber and Beauty Shop, Bed and Breakfast, Bicycle Sales and Service, Boarding House, Beverage Store. I think that we do have some stipulations on that, I’m not sure that can go that close to a residential area. Boat Storage, Book Stores, Bowling Alley.

 

Linda Krum stated, even with stuff like that, even if it was a service shop, it would create a lot of noise in that area which is typically a quite residential area. If you open a mom and pop store again, you’re going to have dumpsters in the back and it’s going to be nasty, smelly, garbage which naturally comes with a dumpster. My concern is, what is going to be in my back yard practically.

 

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

 

Doug Barnard stated, the only thing that I would say is there is already B-2 on one side of your property.

 

Linda Krum stated, across the alley.

 

Doug Barnard stated, across the alley and you already have B-2 there with a feed mill and storage.

 

Linda Krum stated, the feed mill is way down at the end, the only thing that is crossing us is the bait building which was already zoned when we moved in.

 

President Anderson asked, what else was around this across the other alley, residential and across the streets, water tower?

 

Director Weaver stated, yes, to the South is the water tower.

 

Doug Barnard stated, it’s right on Highway 18.

 

Director Weaver stated, to the East is residence.

 

President Anderson asked, to the West is?

 

Director Weaver stated, to the West is what they are saying is the feed mill on it. Is that right?

 

Doug Barnard stated, yes, I’m calling it the feed mill and I guess that it is vacant right now, I’m not sure.

 

President Anderson stated, if we don’t have any more questions…

 

Jay Clawson asked, did Brookston did they amend their zoning if he does this that they would have to pave their whole parking? Right now this is all a gravel lot with people driving through it would create a lot less dust, did you guys amend the ordinance like everyone else?

 

Ray Butz asked, they signed the didn’t they?

 

Director Weaver stated, I can’t tell you off the top of my head, I have too many to remember anymore.

 

Jay Clawson stated, I think that Monticello is the only one that kept the ordinance where a business in the city has to have blacktop driveways. Everyone else has amended to do that and that would probably be a help to her because right now if someone drives through that lot with it being gravel, you have a dust problem probably.

 

Director Weaver stated, Brookston did not pass that, so it does have to be paved.

 

President Anderson asked, so by rezoning that he does have to blacktop that?

 

Director Weaver stated, yes.

 

Doug Barnard asked, we would have to blacktop enough parking and driveway to that property correct?

 

Jay Clawson stated, right, where you show your cars and some of the parking for employees and stuff.

 

Doug Barnard stated, I don’t know how much has to be black topped.

 

Director Weaver stated, something else too, they could not take that fence down. We do have a residential protection clause in here and when a business does go next to a residence, a residential area, they do have to maintain a privacy fence or some kind of barrier in-between the two.

 

Linda Krum stated, I believe that the one that is there now when we bought the house, Bartlett did put up due to the used car lot. My concern is more of the increased traffic and the noise and the possible ill side effects and stuff that might come with the business.

 

President Anderson asked, are there any other questions? If not I say let's go ahead and vote.

 

With no further discussion the Board voted.

 

The results of the vote were as follows: 5 affirmative and 4 negative. This will be presented to Town of Brookston for their action. 

Attorney Altman stated, not receiving 6 ballots it will be forwarded to the Town of Brookston with no recommendation. That will be at their, we forward it as soon as we can and quite frankly we never know for sure when they take it up so, anyone here that is interested in it should go see the clerk immediately and find out when their meetings are and check and make sure when it actually gets on the agenda.

 

President Anderson stated, the Town Board is going to make the final decision, what we gave is no recommendation because we didn’t have, if 10 had been here and it had been 6 to 4 then we would have recommended it to them to pass it. Right now it’s no recommendation so both of you should be there at the next meeting because we don’t make the decision.

 

Linda Krum asked, I would go to the Town Hall then?

 

Attorney Altman stated, I would check with the Clerk-Treasurer at the Town Hall. They probably won’t get it Monday but you should check. There is no other notice necessarily going to get to you so I’m trying to say that anyone that is interested, like the one on the previous, you had better self motivate and be there.

 

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#713 Kerkhoff Brothers LLC; Requesting to rezone from A-1 & I-1 to I-1 on 145.932 acres. The property is located on the north edge of Brookston, between State Road 43 and C.R. 75 E.

 

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

 

Phil Kerkhoff stated, I’m the chief officer of the company. We’re looking to our lands, we’re on the North edge of Brookston, as being ideal for industrial development. We’re just in the planning stages now as far as working with the Town. We have many, I don’t know if we have total blessing but, we have many blessings from the Town as far as moving the project forward and figuring out how to bring in infrastructure, as far as water, sewage, gas, electric and all of those things needed to have a ligidiment industrial development. We felt that this is a necessary first step for us to put ourselves into position to do the overall plan on 145 acres.

 

President Anderson asked, do the Commissioners have any questions?

 

Ray Butz asked, that is right across from the I.G.A. isn’t it?

 

Phil Kerkhoff stated, it would be between the CSX railroad track and 75 East so it’s across 43 from the I.G.A., yes. North and South, it would go from the popcorn plant to the grain elevator. East and West, it would go from the railroad track to the East county road.

 

Ray Butz asked, will it take that much area up out of there?

 

Phil Kerkhoff stated, that’s the exact rectangle.

 

Director Weaver stated, I would just like to clarify one thing to the Board, part of this property 44 acres of this property was rezoned in 1997 to an I-1 zoning and that 44 acres is part of this 145 so I just wanted to make you aware of that.

 

Phil Kerkhoff stated, we’re just wanting to expand it to the full 145 so as we develop our infrastructure we’re developing the entire property rather than doing it well enough for 45 and then growing into a problem when we look to the further acreage.

 

Ray Butz asked, they won’t let you cross the railroad there will they? You will have to come in either for the North or the South.

 

Phil Kerkhoff stated, that’s correct sir, that’s correct. We have approached them and attempted to gain access there but that seems very unlikely.

 

Attorney Altman stated, the 40 acres or so that is presently I-1 would you just briefly tell the board where that is located in relation to part of this tract.

 

Phil Kerkhoff stated, that would almost be exactly the westerly 40 plus acres that is already zoned.

 

Attorney Altman asked, including the access road, right, from whatever street that is?

 

Phil Kerkhoff stated, it would include the narrow strip of land that you show there yes.

 

Attorney Altman asked, so you wold increase greatly the access to a public road by using the whole track?

 

Phil Kerkhoff stated, yes, as we bring the whole track aborard then we have the obvious frontage on county road 75 East. As I said, I have had may blessings from the Town of Brookston and they are trying to help us with this project. We also have the blessing of Pat Kuhn, the head of your White County Industrial Development Foundation.

 

President Anderson asked, do the commissioners have any questions about this request? Does anyone in the audience have any questions about this request?

 

John Warner stated, I farm 160 acres straight across from this project now how are they going to drain this with the water when they create the hard surface?

 

Phil Kerkhoff stated, exactly how we are going to drain it I don’t know. I have hired an engineering firm to work with us in regards to this property. My general understanding of the drainage is the westerly side of my property would tend to drain North and East and circle around on the East side and back to the North. Mr. Warner you may have more understanding of how the drainage works than I. 

 

John Warner stated, see I’m right across the road from you on the East is I guess it would be and if all of that water comes that way it will cross the road there, that’s what I’m getting at.

 

Jay Clawson stated, the drainage ordinance that we have in the county has been passed several years ago won’t allow that to happen. When he develops that property it’s all going to have to be retention pond and everything is going to have to be done up to snuff. Years ago that wasn’t a big concern but now with this drainage ordinance it has to be, the engineering has to be done and then it has to be okayed by the county before he can proceed with his project.

 

Phil Kerkhoff stated, all that I can say about that is in preliminary discussion with the engineering firms that we have talked with, retention pond is a term that has come up and dealing with County drainage ordinances has been discussed. I can’t give you any detail about any planning beyond that. To be perfectly honest there isn’t a lot of planning that has been done at this point and time beyond that. We want to pass this point as far as the zoning so that we know as we move forward that we have the potential of doing what we want to do.

 

John Warner asked, so it is covered then?

 

Jay Clawson stated yes.

 

President Anderson asked, is there much of a water problem in three right now with the way that the ground is? I know that Brookston itself has a problem with water.

 

John Warner stated, I have seen a lot of years where it has been. I have been to there 40 some years.

 

President Anderson asked, but it’s not constantly, there’s not big water holes in it all of the time?

 

John Warner stated, there’s water that stands yes.

 

Phil Kerkhoff stated, I can vouch for that, I haven’t been there 40 years but I can vouch for that.

 

President Anderson stated, the type drainage that they would have to put in for that will probably be better than what they have right now.

 

Jay Clawson stated, this drainage ordinance in my opinion for the last few years has made it a lot easier for us because in the past we had to make those determinations. It’s taken a lot of things out of our hands because they make sure that all of this is properly done for the most part. I think that it’s a good system that we have right now and I have not heard any complaints from anyone that is an adjacent owner. No one has been up here complaining after any subdivisions have been put in since it’s been done.

 

Director Weaver stated, if it is something that is required to go through the drainage ordinance through the surveyors office, we do not issue a building permit until they have gotten their draining permit.

 

John Warner stated, okay.

 

Phil Kerkhoff stated, there is an existing agricultural drain like I said there is some drainage.

 

John Warner asked, so it is covered?

 

The Board stated, yes.

 

President Anderson asked, are there any other questions from the audience on this? If not I say let's go ahead and vote.

 

With no further discussion the Board voted.

 

The results of the vote were as follows: 9 affirmative and 0 negative. This will be presented to County Commissioners for their action. 

Attorney Altman stated, this will be forwarded with a positive recommendation.

 

Director Weaver stated, for their meeting Monday morning, it will be on their agenda for Monday.

 

Attorney Altman stated, that will be this Monday right here about 8:30.

 

Director Weaver stated, right.

 

Attorney Altman stated, if you’re interested be here because they have the final say.

 

****

 

President Anderson stated, next on the agenda is subdivisions which we had two and now we have none. The first one was #248 Nichols Farms Inc. and he has tabled it. The second one was #249 Fred Boessel and it’s tabled too.

 

****

 

#00-2 Donald L. Ward; Requesting to rezone from R-3 to a Planned Unit Development to be known as Northbrooke Condominiums on 9.012 acres. The property is located in the City of Monticello, west of North Main Street, next to the James Carter Open Ditch.

 

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

 

Jeff Ward stated, I’m representing that project.

 

President Anderson stated, I’m sure that there are going to be some questions on this one.

 

Jeff Ward stated, hopefully we have come prepared.

 

President Anderson asked, do the Commissioners have any questions?

 

Don Ward asked, on the drainage on the streets, I know that they are private streets and they are 23’ wide and you have a sidewalk on one side, which I think is the South side?

 

Jeff Ward stated, yes.

 

Don Ward asked, and then your draining the water North across the road but where is it going?

 

Jeff Ward stated, I will defer that to our engineer who is Paul Couts.

 

Attorney Altman stated, anyone that is interested come around and look this isn’t just for us.

 

President Anderson stated, anyone in the audience.

 

Attorney Altman stated, anybody.

 

Paul Couts stated, what we have proposed is to take it and have two main arteries, as far as the storm water pick up, here is one indicated that goes through here like this and another one that comes right down through here like this. The idea is that this would be a street that has a cross slope in one direction and then the water would drain over into the grassed area and we would have a pick up right here on the North side of this private drive. We would have a pick up on the North side of this private drive which would then continue to carry the water that we would pick up North of the property, North of the site that we’re looking at, and take it on down to the detention storage facilities that would be along the Carter Ditch. We don’t have all of the final details done as far as storm drainage, we have not made a submittal yet to the County Drainage Board. The main reason for that is we wanted to come here tonight and make sure that the plan that we’re talking about proposing has a preliminary approval before we spend a lot more of our client’s money. We don’t mind spending his money but I think that we would like to know that there is a direction that we can go with it that would get some kind of approval from you folks and it does look like we are doing the right thing. We do have a storm drainage plan and that’s the idea of two main feeders bringing on down and the water would drain back to the grassed area, we are going to have to pick up this grassed area anyway, same way here. The flow is in a general southwardly direction so that would enable us to pick it up. These houses here would drain naturally back into the storage facility.

 

Don Ward asked, you’re going to have a swale along the side of the road then?

 

Paul Couts stated, it depends what you mean by a swale. I don’t think that it’s going to be much of a swale, it’s going to be more of a lawn area. We have like a beehive, it will be depressed but it’s not going to be a ditch along the side of the road, it’s going to be depressed.

 

Don Ward stated, you’re going to mow it.

 

Paul Couts stated, yes.

 

Attorney Altman asked, how deep is the deepest part there, your preliminary?

 

Paul Couts stated, as far as depth on the pipe itself?

 

Attorney Altman stated, the depression, the swale.

 

Paul Couts stated, the depression, 18” to 2’, something like that, that’s the low spot. The grass itself would drain over 2%, 4% something, enough to get the water to the beehive but it’s not one that we’re going to have a ditch or a cross section on it like what you would think of in the county. This is meant to be more of a yard area, lawn area that is grassed, easily mowable.

One of the concepts is to be a maintenance free situation. If I move into there, it’s kind of a different and unique idea, that when I come I get to buy a unit and what I get is this inside of the building. In other words, when I go home at night I don’t have to worry about mowing the grass. I don’t have to worry about painting the outside of my house. I don’t have to worry about shoveling the snow. It’s an ease free, maintenance free situation. There is a homeowners association that takes care of all of that for me and so all of the grassed area is in common, the street is in common, and I have my 1/50th percentage that I would own as part of that. Obviously, I pay some dues every month for that upkeep.

It’s a different type of situation and we need that Planned Unit Development to make that work so when I actually buy it I just buy that little guy right there and I buy only the inside part of it. We have city utilities, we have existing water and sanitary sewers out on Main Street and our intention is to bring it back through the projects so we will have city utilities with it.

 

Attorney Altman stated, that’s a condition, that development have city utilities. Right?

 

Paul Couts stated, I’m not sure that it has to be a condition.

 

Attorney Altman stated, I think that the Board would consider that a condition.

 

Paul Couts stated, if I went to the country I would assume that I could do something similar to this if I had a developmental private water supply system and my own private sewage system. I could possibly do that but being in the city it only makes sense to do that.

 

Don Ward stated, you have driveways there, you have to get the water past those driveways don’t you some how?

 

Paul Couts stated, they will slope, they will work so that what we do like for instance if you come up to this guy here we will have to take it and depress these driveways and work the water around. For instance, if we actually build these parking spaces right here then we would take it and depress this driveway, bring the water over and through the front yard. That is what we’re intending to do and the thing is that what we have shown.

If you go back and look at the plat itself, there is flexibility in here. In other words, this is not a lot by lot situation, it’s more of a block within this area here, there are certain setbacks that you have. We can build up to two buildings and up to 4 units in this area but the size of the houses and what you put there would be depending on the market. In other words, would I come in with what I want. I could come in there and build a nice large single family home in here. So what we’re asking for, the Planned Development is to have some flexibility. With this over here the same thing, over here within this area we’re going to fix the private drive. We’re going to fix the setbacks around this but then depending on what is actually built there that is how it goes in there. In other words, this big one doesn’t necessarily have to sit here, we can take the little one and move it down here or do something a little bit different, we could have a single family house. We’re not necessarily saying that these all have to be single family and attached units, we could have just one. So what we’re doing is, we’re giving you a guarantee this is what the lay out looks like. We have the infrastructure to go with it but we would like to have flexibility as far as what we put in here. 

When I, as a proposed homeowner, come in I can pick and choose what I would like to live in. So that’s what we’re trying to do is come up with something a little different, a little more unique. I get my single family house but I don’t get all of the maintenance problems that come with it and still have some choice about how my floor plan looks, what the outside of my house looks like. I don’t know if any of you have seen some of the pictures, I like them. They are talking about using some brick. We’re talking about a little more upscale product than what we would normally see. I think it would be a very nice addition to the city itself.

 

Don Ward asked, if you have a block right here how do you drain that block? I see how you’re draining the rest of it but what about this one? 

Paul Couts stated, and I don’t know all of the answers to that. We will either have to have enough surface drainage to carry this guy around like this or we will actually have to put a beehive here and bring it over this way. All that I’m saying is this is a schematic, I know that I have to pick up water on the North side. By the time that I get done and go to the Drainage Board, we’ll have a drainage plan that works that out, that shows you where the drainage is and how we will pick it up. My first response is this looks tight to me to put water through there. It’s a possibility I might put it in here and take it over that pond, may be more over here. This is just a schematic picture, once again and it may be more cost effective to do this or it may be cost effective because it’s sloping back this way to put an inlet here and take it over to the pipe direct.

 

Steve Fisher asked, you’re going to just have 50 units?

 

Paul Couts stated, yes, no more than 50 units.

 

Steve Fisher asked, it could be less?

 

Paul Couts stated, it could be less, yes.

 

Steve Fisher asked, how does that effect your association? Will these go up accordingly if there are more units? Would it be less money?

 

Paul Couts stated, it will have to be pro-rated, a lot of it is unknown in terms of just how much everything costs. You will have to have a lawn service contract. You have to have someone to plow the snow for you and maybe one year you have a light snow so the cost isn’t as much and maybe the next year it’s a little bit more. It is on a per unit basis, how you would share that. When you join a homeowners association, the units are built and then a portion of it goes out. What we’re talking about doing, just phase one for right now, which is what this part is here. You can see the outline of the future phase and this is what we’re looking at for the first phase.

 

Attorney Altman asked, as I understand the unit is essentially the area that is lower than the straight line to the North there so that Northbrooke Drive is not part of this unit right?

 

Paul Couts stated, it’s not part of the planned development and it is not part of the description for the project. This access drive in and out of here will have a dedicated easement that will go to the homeowners association and be part of their rights. The only reason that we haven’t really included it in there is because we are uncertain of what is going to happen up here. There will have to be something worked out eventually depending on what happens up here.

 

Attorney Altman stated, I guess my point is snow plowing, road construction, road maintenance and all is part of the inside of the Unit Development. It’s not for the city to take care of right?

 

Paul Couts stated, no, it’s all private and even the responsibility of this guy would be private homeowners association.

 

Attorney Altman asked, so that’s private too?

 

Jay Clawson asked, but even if you develop the property to the North, Northbrooke Drive is going to be used for that development too right?

 

Paul Couts stated, the intent, the hope is that this is successful enough that it’s a good enough package, that there will be a good enough demand, that the whole area then becomes part of the project down the road. There will be this access, as well as another access up further North that would share and maybe even an access out to the West that would help the traffic flow. Right now I think that we are hoping that it will go well, there’s no guarantees, it just depends on the market and how things go.

 

Jay Clawson asked, is this wider than the rest of the interior street?

 

Paul Couts asked, this here?

 

Jay Clawson stated, yes.

 

Paul Couts stated, right now just the first phase, we have come back with a two lane road similar to what the width is in here. I think that it really depends on if this thing gets beefed up more inside, then I would say that we would need to have even a wider and maybe even a divided situation down the road with this. Right now we feel that 2 lanes are more than adequate to serve what we have projected here.

 

Jay Clawson stated, if the homeowner is willing to expand that street…

 

Paul Couts stated, yes, if we come back and add some more…

 

Jay Clawson stated, it’s going to be needed.

 

Paul Couts stated, definitely.

 

Jay Clawson stated, we can talk about that later when it comes back again.

 

Paul Couts stated, if we come back with more up here, yes, we have to come back with more.

 

President Anderson asked, what kind of easement do you have coming in, is it a 30’ easement or is it a 50’ easement?

 

Paul Couts stated, I’m not sure how much is there right now I know that it is around 50’. I don’t know the exact dimensions but I think that it is 50’ right now, maybe even 60’.

 

President Anderson asked, you’re going to have a 60’ easement but just a 30’ road cut?

 

Paul Couts stated, for right now only a 22’ or maybe even a 24’ road.

 

President Anderson asked, the easement will be there for 50’?

 

Paul Couts stated, yes, this is not just an access easement for ingress and egress, it is also for utilities, your sanitary and water has got to come through here also.

 

Don Ward asked, your regular streets are 20’ right?

 

Paul Couts stated, yes, we’re 20’ in width all of the way through here for right now.

 

Don Ward asked, what is the cul-de-sac there, is that a 35’ radius?

 

Paul Couts stated, I hate to say this, I don’t remember, it’s either a 30’ or 35’, I don’t remember. I would have to get my scale to see what I have on it.

 

Attorney Altman stated, subdivision ordinance calls for 50’ radius.

 

Paul Couts stated, on the right-of-way.

 

Attorney Altman stated, on any cul-de-sac.

 

Paul Couts stated, the only thing that I guess that I would come back with that a little bit on, as far as the radiuses and the turn around, we haven’t had with the city…. 

Don Ward stated, one of them is 35’.

 

Jay Clawson stated, I saw one of them that said 35’.

 

Paul Couts stated, yes it is 35’. We thought that it was 30 or 35. I guess that there is kind of a feeling or a concept or an idea here which is one we could come in here and say we would like to do apartments in here, stack them up and have a multi-family project with a lot higher density. I think that what we’re trying to do is meet more of a Midwestern lifestyle, where you and I like to live in our own little single family house. What we’re trying to do if you’re going to have something that is going to be maintenance free, we don’t want to have great big lots with a lot of lawn area. What we trying to do is blend that down to something that we have smaller areas, smaller lawn to take care of and that’s the idea for private streets also. We’re going to maintain them, let’s have something that is adequate for traffic but let’s not put a burden on these people that in the future we’re going to have great big wide streets to take care of.

We did meet with the city and we did talk specifically about fire trucks and how to get them in and out. The fire chief’s feeling was that there is no problem with what we’re looking at as far as getting emergency vehicles in there. Some of these streets when you start talking about 22’ of width are bigger than some of your main streets. Sixth Street and what you have over there as far as traffic, we’re actually wider than a lot of your main streets that you have right now.

My feeling is we have a good layout on the inside. It would be sufficient and then I think as far as the access drive coming in, if we do something in the future we will want to look at it in terms of width and the amount of traffic that we’re going to have.

 

Don Ward asked, no one can ever turn that section of street over?

 

Paul Couts stated, no, this is a private drive and the intention is not to take it to the city and that’s why we have a homeowners association. That’s why we’re coming in under a Planned Unit Development.

 

Rick Raderstorf asked, if you would go on North are you expecting to use the same pond levee size for the northern development too or will they have their own?

 

Paul Couts asked, do what now?

 

Rick Raderstorf stated, your pond there, are they going to be to hold up North too or will they have their own redevelopment on North?

 

Paul Couts stated, I don’t know what we have in volume there.

 

Rick Raderstorf stated, I went over this with Director Weaver and you don’t actually show your ditches correct on there.

 

Paul Couts stated, we talked about that and we’ve taken it off of Mr. Milligan’s survey that was furnished to my client. We need to work with you and the Drainage Board to get that squared around so that we have the right easement taken care of.

 

Rick Raderstorf stated, actually the bottoms of your ponds on that will actually, I’m just saying are you sure that you have enough room to put in what you need?

 

Paul Couts stated, we will have enough, I’m confident that we have enough for this side. What we’re talking about is the possibility of having even 2 wet ponds that will take in. They will serve as our storm retention facility as well as a feature that we put the houses around and back them up on it. Until I run the numbers I don’t know for sure what we’re talking about but my gut feeling is that this is not going to be enough for all of this. I do believe that is enough for what we have here, based upon when we did the shopping center up there. I’m fairly comfortable with what’s here for this but I don’t think that we’re going to get the North end taken care of. 

 

Rick Raderstorf stated, because the pond here is actually going to be built on the easement and you will have to have room to get equipment down there, you can’t build it right next to the ditch.

 

Paul Couts stated, I understand, and I will work with you on that, I understand what you‘re talking about. They have to get in and mow it and maintain it and not only do you have to get into the storage retention facility, you have to get in the Carter Ditch too.

 

Rick Raderstorf stated, it’s actually pretty deep there, you can’t just go through it with a backhoe.

 

President Anderson asked, do the commissioners have any questions on this? Does anyone in the audience have any questions?

 

Ed Lynch asked, does this supercede the apartments that you were going to build there?

 

Jeff Ward stated, absolutely.

 

President Anderson asked, are there any other questions from the audience at all?

 

Attorney Altman asked, by that you mean that if this is approved there will be no apartments in there?

 

Jeff Ward stated, absolutely, we don’t want that in there, they won’t match.

 

Don Ward stated, it’s not our problem but I noticed that all of the way around the buildings is common area so you don’t own that area so anyone can use that area. Has that ever been a problem that you know of?

 

Jeff Ward stated, no, actually we have traveled and looked at a number of these in Kokomo, Frankfort, Lafayette and they have not had a problem with that.

 

Bob Hanni stated, I have been involved in a homeowners association for 15 years in Arizona, it’s common area for owners. They can use it and no one else.

 

Don Ward stated, what I was thinking of was some guy having his cook out right beside your window.

 

Jeff Ward stated, I don’t know quite frankly if we’re looking at a lot of kids in this area.

 

Attorney Altman asked, but you’re not restricting it to not having children?

 

Jeff Ward stated, no, but I think that just by the market that we’re chasing, you may have some kids up there, some grandkids up there on the weekends if I would make a guess.

 

Don Ward asked, you have a homeowners association that they can go to with problems?

 

Jeff Ward stated, absolutely, if they have any problems.

 

President Anderson asked, we are really voting on an R-3 then?

 

Director Weaver stated, no, my understanding is that Planned Development will be the zoning when it’s complete. When this is finalized the zoning for this property will be a Planned Unit Development.

 

Attorney Altman stated, that’s true but that will be an R-3.

 

Director Weaver stated, an R-3 and a Planned Unit Development are different from my understanding.

 

Attorney Altman stated, he said rezoned to R-3.

 

Director Weaver stated, it’s already zoned R-3.

 

Attorney Altman asked, it’s already zoned R-3?

 

Director Weaver stated, it’s already zoned.

 

Attorney Altman stated, I’m sorry, I see what you mean Director Weaver.

 

Director Weaver stated, according to the ordinance preliminary approval…

 

President Anderson stated, this says preliminary approval.

 

Attorney Altman stated, you might see if there is more discussion, obviously there is some.

 

President Anderson asked, before we vote, what exactly are we voting on?

 

Attorney Altman asked, is there any further discussion or questions of the applicant? Does anyone else want to talk about this matter before the Board?  

President Anderson stated, you have presented a Planned Development to us that isn’t really complete by any means as far as what we’re finally going to get.

 

Director Weaver stated, they get a primary hearing, they have a primary application and a secondary application. 

President Anderson asked, so this is a preliminary…

 

Director Weaver stated, this is similar to a subdivision.

 

President Anderson asked, so this is really a preliminary approval?

 

Director Weaver stated, that’s right, approving, preliminary approval.

 

Jeff Ward stated, we will bring a full drainage plan to the secondary.

 

Paul Couts stated, what we’re asking for tonight, we submitted to you the plat but also the final but you can not do that because we have not gone through the Drainage Board. We want to make sure that you understood what we’re trying to do. What we are really here for tonight is for a recommendation for approval on rezoning for the preliminary plan for the Planned Unit Development.

 

President Anderson asked, actually you’re wanting a Planned Unit Development zoning is what we’re voting on?

 

Paul Couts stated, yes.

 

Director Weaver stated, but it does not get forwarded on to the city until they receive secondary approval the way that I understand.

 

Paul Couts stated, no that’s not correct.

 

Director Weaver asked, it does go on to the city?

 

Paul Couts stated, yes.

 

Director Weaver asked, after primary approval?

 

Paul Couts stated, yes, then we come back for the final after the city, if the city approves us there.

 

Attorney Altman stated, I think that it is very similar to a rezoning. I understand that ballot doesn’t say that but that’s not Director Weaver’s fault. This is the first one that she has really handled and we haven’t had but two of these.

 

President Anderson asked, this is the ballot that we used for the other one?

 

Director Weaver stated, the previous Planned Development.

 

Attorney Altman stated, that was under a different ordinance.

 

Director Weaver stated, right.

 

Attorney Altman stated, so please understand that doesn’t have anything to do with Director Weaver not having it. I think that we have the situation when the discretionary position where we approve a zoning change to Planned Unit Development and that isn’t really approving their plans that they are proposing here. They are trying to give us somewhat of what I call background but we are actually approving a rezoning change to Planned Unit Development. That is as everyone knows here a very discretionary act on the Board and on ultimately the city, too, who makes the final decision on this whether it would be approved. Not having a specific ballot for that I would…

 

President Anderson asked, what would you write in here?

 

Director Weaver asked, do you want to do like a rezoning ballot? I can go put one in the computer and have it back here in 5 minutes.

 

Attorney Altman stated, let’s do that please.

 

President Anderson asked, so that would rezone it to a Planned Unit Development?

 

Attorney Altman stated, put the number on there Director Weaver.

 

Director Weaver stated, yes.

 

Attorney Altman stated, we are going to recess for 5 minutes.

 

Director Weaver supplied the Board with rezoning ballots and with no further discussion the Board voted.

 

The results of the vote were as follows: 9 affirmative and 0 negative. This will be presented to City of Monticello for their action.

 

Attorney Altman stated, 9 votes indicate that this would be an appropriate zoning to a Planned Unit Development. That will be certified to them, I presume for Monday’s meeting. Obviously, that is where the final decision would be made on this matter. Then they get into the preliminary plans and then the final plans and obviously drainage in-between. What we’re doing here ultimately, is going to be deciding or the approval of the rezoning to Planned Unit Development will be decided by the City of Monticello at their meetings.

 

President Anderson stated, if anyone has any questions for Mr. Ward too, I’m sure that he will answer anyone’s questions any time that they have them or as the thing is going on too, as the development is going on he will answer your questions.

 

****

 

President Anderson stated, first on the agenda is Juanita Waugh with a letter from George Loy. Do you want to discuss that?

 

Director Weaver stated, if the Board wishes to discuss it I put it on here if we wanted to discuss it. I sent copies out to the Board members so that they were aware of the situation.

 

Ray Butz asked, what is there to discuss?

 

Attorney Altman stated, obviously the only thing that I can say is that at the time I was working with one of her tenants and trying to get it and the city I think lost patience and decided to file. That’s all that I can figure that it would go that way. I’m ready to proceed to help them to enforce the ordinance but I was hoping that we could work it the other way. They didn’t so we’re into a different level and that’s basically, just trying to report to the body and let you know what is going on.

 

President Anderson asked, how are you going to enforce it now? Who is going to enforce it now?

 

Attorney Altman stated, they are using the zoning ordinance to enforce it.

 

President Anderson asked, do you give it to the county sheriff now?

 

Attorney Altman stated, no the city, the Town of Brookston is enforcing the zoning ordinance against her.

 

President Anderson asked, so they automatically give her a letter and then on that date they start the $500.00 a day fine?

 

Attorney Altman stated, they filed suit to enforce the ordinance to remove it.

 

Don Ward stated, the fine wouldn’t start until the judge, she’s in, and then he will probably give her a certain length of time to get it out of there. Hasn’t that fence been there a long time?

 

Attorney Altman stated, no.

 

Director Weaver stated, the wooden part has been.

 

President Anderson stated, the metal part.

 

Director Weaver stated, right, the metal was new.

 

Attorney Altman stated, and the truth is I don’t think that the wood was ever appropriately permitted in any way, shape or form. I understand where she came from on the issue but I tried to get something else done and it just went bye bye.

 

President stated, then the next business is Lenny Lavin, what is that one?

 

Attorney Altman stated, that is the subdivision that created a non-comforming use. They tried to take a fairly small lot and make two small lots and they created a non-conforming use. I have sent them a letter just reporting back to the board what we are doing. I have not heard anything back from him on that and you had just instructed me to do that and I have done that. 

 

Director Weaver stated, we need a copy of that letter to put in the file Jerry.

 

Attorney Altman stated, okay, I will get that.

 

Director Weaver stated, Jim Beliles, we did a rezoning on him in January as an agreement for a lawsuit. The other part of the agreement was that he would pay $1,000 dollar fine and file for a variance to bring the property into compliance. He has paid the $1,000 dollar fine and he has rezoned but we still have yet to have a variance filed with us. Now, since I have put this on the agenda Denny Sterrett has contacted us asking what was needed on a survey. I don’t know what is going on with it but I think that he has had ample time.

 

Attorney Altman stated, he sure has and I guess that…

 

Director Weaver stated, I don’t know if you want to wait another month and see if Denny is getting a survey for him.

 

Attorney Altman asked, did Denny indicate that he was?

 

Director Weaver stated, I have not personally talked to him but that was my understanding that yes he was going to be working on a survey for this.

 

Attorney Altman stated, I guess maybe what I would recommend to the Board is that Director Weaver and I both check with Mr. Sterrett and if that is what he is doing then we wait the month. If we don’t get that then we proceed, well not to reactivate but it’s not inactive but we just put it on the shelf because we did have a potential settlement of that.

 

Ron Pollock asked, what did you say that he didn’t get a variance?

 

Attorney Altman stated, he hasn’t applied for it.

 

Director Weaver stated, he hasn’t even applied.

 

Ron Pollock stated, he hasn’t applied?

 

Director Weaver stated, no.

 

Director Weaver stated, he did a rezoning but he has not done a variance.

 

Attorney Altman stated, he has to get a variance too.

 

Ron Pollock stated, I wonder if he understands that.

 

Director Weaver stated, yes he does.

 

Attorney Altman stated, yes he does, his lawyer very much understands that.

 

Director Weaver stated, Ron, he had to go through a variance to put the duplex in there so he does know the process.

 

Ron Pollock stated, but he thought once he paid the $1,000 dollars, well that’s what he told me. I thought that everything was finished.

 

Director Weaver stated, we have been dealing with his attorney as well.

 

Attorney Altman stated, his attorney knows.

 

Director Weaver stated, his attorney understands.

 

Ron Pollock asked, who is his attorney?

 

Director Weaver stated, Randy Williams from Lafayette.

 

Attorney Altman stated, that would be what I would suggest to the Board that if Denny Sterrett is getting it ready then that’s okay but if he isn’t then we will just proceed to reactivate the lawsuit.

 

President Anderson stated, next is discussion for penalties, re-filing for rezoning, parking, schedule of uses, pertaining to appraisal businesses.

 

Director Weaver stated, we are in the process of getting those typed up to present to you but we just didn’t get them quite done for this meeting but we are working on it.

 

President Anderson stated, let’s put that one to the next meeting. Fee schedules for P.U.D.

 

Director Weaver stated, that is my one big concern. We don’t have a fee set up for Planned Unit Development. I discussed this with Attorney Altman and he recommended charging the $75.00 filing fee for a rezoning and per unit like per lot in a subdivision. That is how we have charged for this Planned Unit Development. I needed to know if that is what the Board feels is appropriate.

 

After some discussion it was agreed that these charges were appropriate and any future Planned Unit Developments would be charged this way. It was also recommended that this be included on the next fee schedule.

 

 

*****

 

The meeting adjourned.

 

Respectfully submitted,

 

 

 

 

 

Ray Butz, Secretary

White County Area Plan Commission

 

 

 

 

 

Diann Weaver, Director

White County Area Plan Commission