The Clinton County Board of Commissioners met Tuesday, October 10, 2000 at 9 a.m. with Vice-Chairperson Arehart presiding.

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1 DATE The Clinton County Board of Commissioners met Tuesday, October 10, 2000 at 9 a.m. with Vice-Chairperson Arehart presiding. INVOCATION, PLEDGE OF ALLEGIANCE AND ROLL CALL Scott A. Hummel gave the invocation. The pledge of allegiance was given to the flag. Roll was called and a quorum reported. Present were John Arehart, Russel H. Bauerle, Scott A. Hummel, Sara Clark Pierson, Larry Martin and Mary Rademacher. Commissioner Richard Hawks was excused. COUNTY PERSONNEL VISITORS MINUTES OF 09/26/2000 Ryan Wood, Jeanette Smith, Craig Longnecker, Annette Devereaux, Barbara Moss and Tom O'Bryant. Carolyn Baumgart, Gary Vandenberg, Virginia Zeeb, John Fifarek, Dale Calder, Mary Calder, Richard Bosowski, Denis Rademacher and Mary Lou Rademacher. The minutes of September 26, 2000 were reviewed. BOARD ACTION: Commissioner Bauerle moved, supported by Commissioner Rademacher to approve the minutes as printed. Motion carried. AGENDA The agenda was amended to include one additional item as follows: Letter of Support for FCC Innovation Support Grant BOARD ACTION: Commissioner Pierson moved, supported by Commissioner Bauerle to approve the agenda as amended. Motion carried. COMMUNICATIONS There were no communications. 1

2 PUBLIC HEARING PROPOSED 2001 COUNTY BUDGET & MILLAGE RATE BOARD ACTION: Commissioner Rademacher moved, supported by Commissioner Bauerle to open the Public Hearing on the 2001 County Budget and Millage Rate. Motion carried unanimously. Ryan Wood, Administrator and Craig Longnecker, Budget Administrator presented a brief overview of the County Budget. The following items were noted: Each fund is balanced and allows for the continuation of current services The 2001 Budget is based on an allowable millage rate of The General Fund Budget increased by 5.8% or more than $800,000 and now totals $15,170,112 Nearly one half of the revenue increases ($390,738) is a direct result of the county s expanding tax base Major Sources of Additional revenue for the 2001 Budget were outlined Additional Expenditures for 2001 Budget New Initiatives which included: Planner & Secretary Comprehensive Plan Parks & Recreation Plan Value Added Agent County Planning Initiatives Addition of a new Planner & Secretary Comprehensive Plan/Zoning Ordinance Update Establishment of a parkland and open space initiative Research on the establishment of a Purchase of Development Rights Program Research and implementation of agricultural value added efforts Legislative advocacy initiative Land Conservancy Capital Improvement Plan for the period of 2001 through 2005 Accounting System Animal Shelter Imaging Jail Study Maintenance Storage Health Department Renovation Smith Hall Air Conditioning Horse Arena Lighting Vice-Chairperson Arehart called for Public Comments and questions: There were no comments or questions from the Public. Vice-Chairperson Arehart called for Commissioners comments and questions: Commissioner Pierson credited the County Departments especially the District Court for the increase in revenues BOARD ACTION: Commissioner Bauerle moved, supported by Commissioner Rademacher to close the public hearing. Motion carried unanimously. 2

3 PROPOSED 2000 County Clerk, Diane Zuker stated that her office is currently reviewing the 2000 Township APPORTIONMENT AND DRAIN and City Millage requests and the Drain Assessment Report. ASSESSMENT REPORTS Barbara Moss, Equalization Director reported that she has prepared a draft of the Apportionment Report. Clerk Zuker noted that upon completion of the reports, they will be presented to the Board for final approval on October 31, Tom O Bryant, Drain Commissioner credited his staff with the work completed on the drains. The Drain Assessments are now electronically transmitted from the Drain Office to the Equalization Department for placement on the tax rolls. ADMINISTRATOR S REPORT PC WALMART AMENDMENT TO SPECIAL USE PERMIT BINGHAM TOWNSHIP SECTION 15 APPROVED SUBJECT TO FINAL AGREEMENT BEING SIGNED Ryan Wood, Administrator gave the following report: The interested party in the purchase of the Ernst Home is still working with contractors to determine whether arrangements can be made to relocate the home to make way for a parking lot, which may cause a delay in completing the project yet this year. Further information will be forthcoming regarding the leasing of the old Juvenile Court building on the corner of Elm and Oakland Street. CACS, Clinton County Ambulance and CRV have all expressed an interest. PC Request for Special Use Permit submitted by Walmart in Section 15 of Bingham Township to expand commercial mall. Vice-Chairperson Arehart noted that a letter was received from the City of St. Johns noting that the City and the developers of the Walmart expansion project have reached a satisfactory agreement to accommodate the impact the expansion will have on the adjacent city streets. The City anticipates the formal agreement will be signed in the near future. The City also noted that they have no objection to the County completing their review process and approval, subject to all involved parties signing the agreement. BOARD ACTION: Commissioner Pierson moved, supported by Commissioner Bauerle to remove this matter from the table. Motion carried unanimously. Gary Webster of Associated Government Services updated the Board regarding the following: Revised Site Plan - loading and unloading zone Landscaping Plan and letter indicating the plans will include pines trees for the entire north side of the property Parking Plan on the extreme west side of the parking lot near the exit of the oil change business Revised plans were presented to the Board for review. Vice-Chairperson called for Commissioner s comments: Commissioner Arehart and Commissioner Pierson questioned the plan on the western edge of the property. Concerns were expressed regarding the parking in the vicinity of the exit to the oil change business. Mr. Webster noted that the Zoning Board of Appeals granted up to a 20% reduction in the parking spaces from the original requirement of A total of 890 parking spaces are planned. Commissioner Pierson raised concerns regarding the landscape buffer Commissioners also discussed briefly the hours of operation and delivery Commissioner Bauerle felt the west service drive is better served by two drives as currently planned and that the landscaping on the parameter of the parking lot is adequate. Vice-Chairperson Arehart called for public comments: Carolyn Baumgart of Prairie View, DeWitt spoke regarding the changes that have 3

4 occurred in the site plans since 1999 and the hardships that have been resolved as a result of the new plans. However, she is still concerned that the transition strip and the protection of citizens have not been fully addressed. John Fifarek of Lasky Fifarek & Hogan representing CC Realty Advisors, owners of the Southpointe Mall Status of the agreement between the City and Walmart making sure that the contingencies have been met prior to going forward with the project. Questions the zoning of a the parcel of property on the east including the 3 acres being transferred out of the City as part of the project. Mr. Fifarek does not believe that the property is properly zoned. He is of the understanding that it zoned Agricultural, which would not allow for the uses planned. Corridor Access Management Ordinance not being followed in particular (D), Driveway Spacing from Intersections. Vice-Chairperson Arehart noted that, according to the City's letter, any approval by the Board of Commissioners would be contingent upon all the parties signing the agreement. Gary Webster stated that the Ordinance gives the Board of Commissioners the authority by Resolution to designate the most appropriate zoning classification in these types of situations. The Access Management Ordinance applies to US-27 and M-21 and that Townsend Road is a legitimate county road, which enters onto US-27, however, the Planning Commission in their discussions did not feel it was applicable in this situation. The Ordinance would apply only if direct access was on US-27 or M-21. Also that the Road Commission looked at Townsend Road and made requirements specific to that location. Commissioner Pierson requested clarification of the Access Management Ordinance. Discussion followed. Richard Bosowski, 2215 North Stewart Road expressed concerns regarding the safety of people utilizing the sidewalk in the area of the delivery trucks. Commissioner Arehart noted that safety has been a concern of the Commissioners, however, the staff and residents of the nursing home have requested this sidewalk between the Care Center and Walmart. Carolyn Baumgart concurred with Attorney John Fifarek's concerns related to the Access Management Ordinance. Mr. Vandenberg noted that the Road Commission approved the access and the ZBA thoroughly reviewed this application following the Road Commission's approval. Dale Calder, Bengal Township resident has been observing this matter through the newspapers and doesn t feel that Walmart should be delayed in this matter, they are a valuable member of the community and should be allowed to proceed. Vice-Chairperson Arehart responded briefly recognizing that Walmart is a valuable member of the community and is being given the same consideration as anyone else. The delays and requirements are due to Walmart's request for exceptions to the County's existing ordinance and that it be done with the best interest of the public at large, at the same time recognizing the need to protect Walmart's interest to do business in the Community. BOARD ACTION: Commissioner Rademacher moved, supported by Commissioner Bauerle to approve the Special Use Permit PC request submitted by Walmart to amend SUP PC to permit the expansion of the existing Walmart store, contingent 4

5 upon Walmart and the City submitting a signed agreement. Discussion followed. Commissioner Pierson would like further clarification of the County Ordinance related to Access Management. Commissioner Hummel questioned when the agreement would be signed. Mr. Vandenberg noted that Walmart has signed the agreement and a copy has been faxed to the City as of this morning. Commissioner Hummel would like to have this matter reviewed as to the Access Management Plan by the County Attorney prior to final approval. Voting on the motion by roll call vote, those voting aye were Bauerle, Pierson, Rademacher, Martin and Arehart. Voting nay was Hummel. Five ayes, one nay, one absent. Motion carried. Commissioner Arehart thanked all those who have participated and helped the Board reach their decision. Gary Webster noted it will be necessary for the County to declare zoning on the parcel of property being transferred from the City to the Township per the 425 Agreement. Administrator Wood noted that the County could take this matter up at their next meeting. RESOLUTIONS SUPPORTING PURCHASE OF DEVELOPMENT RIGHTS APPLICATIONS The following Clinton County landowners are interested in applying for Purchase of Development Rights and are requesting support of the Board: APPLICATION NUMBER Denis E. Rademacher, Bengal Township, Sections 10,16 & Robert, Larry & Richard Feldpausch, Eagle Township, Section Mark A. Finnila, Dallas Township, Section 2 BOARD ACTION: Commissioner Martin moved, supported by Commissioner Bauerle to adopt the Resolutions Supporting the Applications for Purchase of Development Rights as submitted by the above landowners. Commissioner Pierson requested clarification as to the location of these applications. Motion carried unanimously. (INSERT RESOLUTIONS) PUBLIC COMMENTS Dale Calder 1120 W. Centerline Road, St. Johns spoke regarding the dog license late fee and taxes. Mr. Calder requested the Board revisit this issue. LETTER SUPPORTING THE FAMILY COORDINATING COUNCIL S INNOVATION SUPPORT GRANT PROPOSAL Annette Devereaux, County Treasurer stated that according to the law, the County Board of Commissioners is allowed to set license fees at a level sufficient to pay all the County's expenses of administering Act 339 of 1919 as is pertains to dogs. She also noted that the sale of dog licenses and late fees does not cover the total expenses incurred by this County. Commissioner Pierson introduced discussion regarding a one-time multi-purpose collaborative grant, which is available to Human Services groups. BOARD ACTION: Commissioner Pierson moved, supported by Commissioner Bauerle authorize the drafting of a letter supporting the Family Coordinating Council s Innovation Support Grant proposal, with the Chairperson signing on behalf of the Board. Motion carried. HOUSING GRANT UPDATE Commissioner Rademacher noted that a new furnace was placed in a Riley Township home this past week prior to the cold weather setting in as part of the Community Development Block Grant. 5

6 ADDITIONAL COMMENTS RECESS Administrator Wood introduced discussion regarding the Finance and Personnel Committee meeting scheduled for Thursday, October 12 th. Mr. Wood noted that there are just a few items at this time for the agenda. It was the consensus of the Board that the meeting be cancelled. BOARD ACTION: Commissioner Rademacher moved, supported by Commissioner Pierson to recess this meeting until October 31, Motion carried. Diane Zuker, County Clerk NOTE: These minutes are subject to approval on October 31,

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