The Independent-News, Volume 115, Number 43, Walkerton, St. Joseph County, 22 March 1990 — Page 6

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- THE INDEPENDENT NEWS - MARCH 22. 1990

WALKERTON TOWN BOARD NEWS The Walkerton Town Council met at TOO p.m. on March 5. with the following members present: Cheryl Rizek. Maggie Gaddis. Gregory Williams. Walter Heil and Leonard Jaske. Attorney David Holmes and Clerk-Treasurer Judy Hiler were also present. The minutes were approved as read. The Jimerson Martin rezoning was the first item of business. Brent Martin spoke for the project, and feels that it will benefit the town both directly and indirectly. The number of units has been cut from lb to 10. Williams asked who will be managing the property, doing the maintenance and be renting out the units. Martin answered that all of the lease agreements, cheeks and bookwork will go through his office. He usually has one of the tenants keep an eye on the units, and has found this to be a good arrangement. Joseph Amaral, attorney for those who oppose the project. ALCOHOLICS ANONYMOUS ; / AL-ANON i' 8 p.m Thursday! if CHURCH OF CHRIST if 65225 St Rd 23. Narth Liberty ? ff SOFFIT & FACIA ft 4 VANDERHEYDEN T CAVtSTKOUGH SERVICC J Call 208-7719 JOHNSON INS. AGENCY DON R. JOHNSON Certified Insurance Counselor DONNA L. RAUSCH DIANE JOHNSON We Sell Service Along With Our Product Call (219)586-2580 Koontz Lake THE TAX SHELTER YEAR AROUND INCOME TAX SERVICES Individuals & Small Businesses BOOKKEEPING Far Small Businesses AUDIT ASSISTANCE Phone 656-4706 903 S. State Street North Liberty, Indiana I FARMERS I I; INSURANCE I; GROUP OF ? COMPANIES < < CAROL JEAN BECKER > I 1 AGENT 903 S State St , North Liberty / i 656-8796, Res 369-9442 ; ' AUTO ★ FIRE ★ LIFE * FARM / L___ cqmircial <; BECKER BUILDERS OF HECKAMAN HOMES Has A FuH Line Os ENERGY EFFICIENT HOMEt Ortva Out And See Our Mode/ 903 S State St 656-8796 North Liberty, Ind ??ex

presented reasons for denying the rezoning. Amaral asked those who are opposed to the project to raise their hand, and almost all of those present did raise their hand. He also submitted petitions and letters from those who do not want the propertv rezoned. All together there are approximately 200 people against the project. Amaral said that there are two main reasons why the rezoning petition should be denied. The first one being a legal argument concerning correct filing procedures. He cited IC 36-7-4-607 which says the petition has to be brought in the name of the property owners. All of the property had not been conveyed to Jimerson at the time he had begun the rezoning petition. Amaral said it needs to be refiled, go before the Plan Commission for another hearing and needs to be considered at a later date. The other procedural deficiency is the lack of a site plan. According to our ordinance there are seven requirements to be met when rezoning. Amaral stated that the site plan that was submitted didn't comply with our ordinance. Other reasons why Amaral's clients are opposed to the project FOR RENT NORTH LIBERTY ( COMMUNITY CENTER AIR CONDITIONED For Wedding A AH Occasions Phone 656-4134 or 656-4773 II 1158041 WILLIAMSON ACCOUNTING Complete Accounting And Tax Service For Individuals And Small Businesses Rt. 1, Box 87 656-8463 Walkerton Budd's Bargain Barn 617 Roosevelt Road Walkerton Hours: Monday - Saturday 10:00 a m. - 5:00 p.m. VARIETY OF ITEMS Something For Everyone PHONE 586-7244 <1)89 90 DUANE DRAKE’S TREE SERVICE FREE ESTIMATES FULLY INSURED Tree Removal Tree Trimming Stump Removal Wood For Sale Phone 936-6546 Plymouth | JUDTS } I; BEAUTY SALON ; MEN - WOMEN - CHILDREN^ <' HELENE UNI-PERMS \ \ CURLING IRONS i HAIR ACCESSORIES \ S COSMETICS - PERFUMES S • EAR PIERCING • / Gl HONEE HAIR REMOVAL ? Call 6 Days A Week \ / By Appointment >O7 W. Center 656-4491 * j North Liberty

are as follows: they feel that this is spot zoning, they don't think the area will support drainage for the additional units, an increase in traffic conjestion. and problems with adequate snow removal. Amaral said that the Plymouth units are only half painted, and that the rental property, in Walkerton, owned hv Jimerson isn't being maintained. He gave the Council pictures of the Plymouth units and the Walkerton properties. Questions were asked by residents, as to whether there is clear deed and how we got a clear deed. Williams answered yes there is clear deed and attorney Holmes added that we got it by getting a court order quieting title, signed by the judge of the circuit court. Another question was asked why it has taken a year, from the time of bidding out the property, to actually get clear deed. Holmes responded that the title company, after studying the situation, wouldn't issue a title committment based on the state of the title. After finding this out, a decision had to be made whether we would go to the expense of quiet title action to clear the title. It took about four months after that decision was made. Williams asked how many two bedroom units are in the plans. There arc six two bedroom units, and four one bedroom units. Jaske asked why some of the J DW CATERING i : SERVICE if 586-3479 <[ ‘let Me Cater For You" < ? For Any Occasion if APPETIZER BAR [ f> SALAD BAR !• if DESSERT BAR f! / Separately Or With Family !f S Style Or Buffet Dinners f'

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units in the Plymouth project haven’t been painted. Martin answered that the exterior cedar siding was ordered pre-stained, and the order came in short. The project was finished around the first week in December, and we had severe weather around that time. In order to get it done, you need to have a certain temperature. A question was asked about drainage, because of a previous problem in that area. Williams answered that the sewer system has been up graded since that time. Williams asked Attorney Holmes to respond to some of the objections Attorney Amaral presented. Holmes said that he would like a chance to l<M»k into the Indiana Code that Amaral cited, and felt that the standard procedure had been followed. The fact that the petitioner had a contractural interest in the property and was the purchaser would, in his opinion, give him sufficient status to pursue rezoning. He said that in many areas they sell property on an option basis or with a contingent contract. There was no deception or attempt to mislead anyone as to the actual status of the property. When they made their presentation for rezoning, they said that they were in the process of buying the property. Holmes said that he can only advise the Town Council and cannot advise the petitioners. He said that the Plan Commission seemed satisfied with the submitted site plan. They. Jimerson and Martin, still have to conform with all the developmental standards. they have to file for a building permit and it has to meet all of our requirements. Holmes said vou hear the spot zoning

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argument often. And added that he was concerned when he looked at our zoning map. because we have very little multi-family zoning. Our current multi-family zoning is all spotted in R-l areas. There was some discussion of subsidized rentals for the elderly, and of traffic problems for the area. Len Jaske made the motion to zone the property R-3. Seconded by Maggie Gaddis. Carried with a vote of four ayes to one nay. Len Jaske made the motion to accept the first reading and Ordiancc No. 1990-01, an Ordinance Rezoning real estate within the jurisdictional limits of the Walkerton Plan commission. The Clerk-Treasurer was instructed to keep all the documents which have been filed with the Council. OLD BUSINESS: Henry Bradakis, Butler. Fairman & Scufcrt, presented figures for a water improvement project. Butler. Fairman At Scufcrt s preliminary engineering report is divided into three phases. Bradakis reviewed the cost of doing Phase 1 and II and then all three Phases together. The report took into consideration the fact that our current water loan will be paid off next January, it included an annual reserve amount, an annual allowance for operating and maintenance and projected the annual sum that will have to be raised by a rate increase. Bradakis said that it will take eighteen months to two years to get a Farmers Home loan. Both of our old wells arc close to each other, and Butler. Fairman highlv recommends a third well. It will take approximately a year to get approval on a well site, and the