Minutes of the November 7, 2005 Special meeting
The meeting was called to order at 7:00 p.m. by President Paul Federspiel. Also
present were Wm. Geiger, Jack McArdle, Larry Armstrong, Tony Kraus, Bob Bruick
and Jerry McArdle. Also in attendance were Bruce R. Snyder, Secretary and Don
Stuckey, town attorney. Additionally there were 122 people in attendance.
Minutes of the October 3, 2005 meeting were read and on motion duly made and
seconded approved.
Correspondence: President Federspiel read a communication that he placed on the
Clear Lake web site and also sent to residents of Clear Lake. The text is as
follows:
November 4, 2005
As presiding officer of the Plan Commission, I am removing the reintroduction of
“old” Ordinance 170 from the Public Hearing scheduled for Monday, November 7,
2005, 7 p.m. at the St. Paul Catholic Church. Today I received a verbal opinion
from the Town Attorney that the original law, passed in November 1986, was not
included in the Town’s Codification of Ordinances in 2002 and was effectively
repealed. Therefore the Ordinance, which eliminated a grandfather clause and
required 50’ lot width for building, is unenforceable. I do not believe that
holding a public hearing on reintroducing this Ordinance would be of any benefit
to the Town or its residents. Plan Commission members I’ve been able to contact
concur with this assessment.
We encourage public comment on the remaining items on the agenda and look
forward to receiving input from those who choose to attend. If you wish to email
me at pfeder@verizon.net with comments, feel free to do so.
Sincerely,
Paul R. Federspiel
Plan Commission President
610 Lake Drive
260.495.2392
Paul Federspiel requested that the communication be made part of the minutes. On
motion by Tony Kraus and seconded by Jack McArdle, it was moved that the
communication be made a part of the minutes. Motion passed.
President Federspiel then read the Procedures and Protocol (attached) to be
followed at this meeting and Public Hearing.
Proposed Ordinance and Amendments:
a. The President announced that “Old” Ordinance 170 has been withdrawn from
consideration at tonight’s meeting, as stated in President Federspiel’s above
correspondence. Town attorney Don Stuckey advised that action be taken on this
ordinance, as Ordinance 170 was legally advertised. A motion was made and
seconded for a “do not pass” recommendation. The motion passed unanimously.
b. “Foot Print” ordinance. A new version of the proposed ordinance was read. 18
people in attendance either raised questions about the proposed ordinance or
spoke against the proposal. President Federspiel then called for a vote to not
recommend to the Town Council passage of the proposed ordinance. The motion to
“not recommend” the passage of the proposed ordinance was passed unanimously.
c. Section 90.17 Prohibited Conduct. The President read several letters from
residents suggesting changes to the amendment. One suggestion was that the
ordinance include “Condos” in section 90.17(d) 1, (exclusions). Another
suggestion was to substitute language regarding 1/3 family ownership of
properties with an expanded definition for lineal heirs in section 90.17(d) 2,
(exclusions). On motion by Tony Kraus and seconded by Jack McArdle it was moved
to “recommend” to the Town Council to pass the amendments to Section 90.17. The
motion passed unanimously.
d. Subdivision Control Ordinance amendments and new sections. The President read
all proposed amendments and new provisions. 9 residents spoke to the Commission
about the proposed amendments and additions. The main discussion was a concern
about the 2-acre minimum lot size. One resident stated that he thought that the
amendments were directed at him and his proposed subdivision of land at Clear
Lake and requested that his proposed subdivision be excluded from the amendments
to the Ordinance. Paul Federspiel and Jerry McArdle did not take part in the
discussion and abstained from voting because a possible conflict of interest. It
was moved by Jack McArdle and seconded by Larry Armstrong that the Plan
Commission recommend to the Town Council passage of the proposed amendments and
new additions to the Subdivision Control Ordinance. The vote was 3 to 2 for
passage of the recommendation. The motion failed, resulting in “no
recommendation” since there was not a majority vote of the entire Commission.
e. Repeal of Section 154.048(A) (8) Accessory Building Ordinance. One person
spoke in favor of the repeal of this section of the Ordinance. There was a
general discussion among the members. On motion by Tony Kraus and seconded by Wm
Geiger it was moved that the Plan Commission “recommend” to the Town Council
repeal of Section 154.048(A)(8) of the Zoning Ordinance. Motion passed
unanimously.
A permanent record of communications received and of the Public Hearing is on
file at the Town Hall.
The next meeting of the Plan Commission will be January 2, 2006.
There being no further business to come before the Plan Commission, on motion
duly made and passed the meeting was adjourned.
Respectfully submitted:
Bruce R. Snyder, Secretary