Common Council - Regular Meeting

All right, everyone, calm down, calm down. Let's bring all this fun and merriment to an end. We have to start our city council meeting as soon as Penny gets here. I'm sorry, Penny, I should have waited and looked to my right to see if you were here. Will you please stand and join me for the Pledge of Allegiance?

of America and to the Republic for which it stands, one nation under God, indivisible, with liberty and justice for all.

Can we do our roll call?

Absolutely. Councilman Alvarez. Here. Councilwoman Weidenbach. Here. Councilwoman Hurst. Here. Councilman Parnell.

Here.

Councilwoman Vasquez? Here. Councilwoman Ambler? Here. Councilman Zilli? Here. All present.

Awesome. Pastor Parnell, would you like to lead us in prayer?

Let's pray. Our Heavenly Father, we thank you for this evening, the opportunity we have to come and take care of the city's business. We pray, Father, for our council this evening, our mayor. Give us wisdom, Lord, to make the right decisions. We ask for your continued hand of blessing, Father, upon our troops. We pray for their safety. We ask, Father, you continue to bless our residents. We pray for their safety as well. and our police officers and our firefighters. Again, Father, may your spirit lead us. Thank you again for the gift of salvation through your son. This we ask in the name of Jesus our Lord. Amen.

Did everyone have a chance to look at the minutes from our last meeting? Am I correct that it's only one set of minutes, Liz?

No, it's two sets.

Then I'm incorrect. It is two sets of minutes.

April 7th and April 27th.

Did anyone have any corrections or comments or are there any motions?

I'll make a motion to approve the minutes. Second.

We have a motion and a second. All in favor, please signify by saying aye. Aye. Any opposed? I believe the minutes passed. Communications, correspondence, announcements, I'm from the mayor. At this time, I know we've got a lot on the agenda, so I'll let that be, but I might come back at the end. We'll go to the Clerk Treasurer's Report.

a couple of statements and that's it. Currently we are expecting the State Board of Accounts within this month or beginning of next month to come in and start their audit. We are also working to beef up our internal controls. They will be presented to you in ordinance form soon, hopefully. We're hoping to be, the ordinances, it's gonna be about nine to 10 of them at the next council meeting.

Thank you, Liz. Petitions, remonstrances, and public input. At this time, I'll open up for the public input. We ask that you keep your comments to about two minutes, but feel free to come up. Could you please state your name?

Yeah, Ruben Mendez.

There's a sign-in sheet up there, Ruben, if you could sign in, please. Thank you.

Yes, ma'am, absolutely. Um, so I received a, uh, municipal code violation and it's not the fact that I received a municipal code violation that I'm upset. It's how it's worded in here that, uh, if the situation isn't remedied, the insuance of fine citations or. and or other legal action. So I feel like I've been threatened to be sued by the city over a first notice. So if we could go ahead and have this handled to where people don't get threatened to be sued. Fines, yes, I get that. But to be sued, that's a little big.

if you don't mind and i apologize i want to take a time if you got it outdoor i'm not gonna like disagree because believe me i i get this from people on mister cherry if you don't mind coming up real quick One of the things that I find is that usually when people receive a notice from code enforcement, it's essentially a form letter. And what I'll say very carefully is, on one hand, I think the goal with a code enforcement letter is you want to be able to politely direct what needs to happen, but also be broad about what's going to come after. Sometimes people can feel very threatened or very upset by the wording of a code enforcement letter You're not the first person to have this concern I guess I was wondering Tom is do you know and maybe this needs to be addressed separately? But would you say that it's generally a code enforcement letter is like a form letter Or do we ever get specific on a first offense?

It's a form letter. So it's if the wording is primarily the same for all violations and we just kind of fill in the violation number and

I think that if there's a way, and I got Doug here, he's probably going to turn this whole thing into a news story depending on how I say this. Love you, man, just kidding. But certainly there might be a way to have a friendlier code enforcement form letter, and certainly I'm happy to talk to you or anybody, but I think you have an appointment on Thursday to talk about some issues. I'm happy to see in the meantime maybe just even some samples of form letters we give just to figure out if that can be worded better.

I feel that if you didn't threaten to sue somebody in the first letter. Second offense, because that's the next step after you get fined. I think that that's just a little bit more inviting to residents.

It may have been put together in the past where, you know, sometimes we don't get a response, you know, from not seeing you. Right. You responded. I appreciate that. But there's kind of a fine line as to how we could talk about that. Absolutely. Absolutely.

But just to be clear, that wasn't written like for you. Right. It's probably just a template. It is a template. But the feedback is worthwhile to receive. So thank you.

Absolutely. Thank you, guys.

Thank you.

Anyone else? Thank you, Tom. Is there anyone else here who'd like to speak? Hearing none, I'll close the public input section. And we'll move on to reports from standing committees. Are there any reports from standing committees at this time?

No reports at this time.

Reports from city officials. Chief Crail, would you like to come up?

Good evening, everyone. So call volume, we're up a little bit. Call volume, obviously, weather is getting not snowy. I won't say warm, but it's not snowy. Call volume is steadily on the increase. We did have 17 total fires for last month, 391 medical calls, which was about 76% of our call volume. Um, we did have a retirement from the fire department. Lieutenant Mark video retired from the fire department after 29 years of service to the city. He served in several roles within the union and ultimately the union president. He was a member of the dive team upon its origination. Mark also served in different ranks within the department, serving as a master firefighter engineer and retiring as a lieutenant. With Lieutenant Vitito's retirement, we have successive promotions that have taken place. Aaron Wertz has been promoted to lieutenant. Steven Weiss has been promoted to engineer. I'd like to congratulate Lieutenant Vitito on his retirement and Aaron and Steven on their promotions. We recently sent an ambulance to the manufacturer to get remounted. We try to maintain, actually Lieutenant Kodacek was part of the, on the groundwork of getting these bigger ambulances because the boxes on these ambulances have lifetime warranty. So what we do is we just take the box off, put it on a new chassis and it's essentially a new ambulance that we get several hundred thousand miles out of and they do some plastic surgery on the box, if you will, So we just sent an ambulance off to get that done. Should be back sometime around September. We received pictures this morning of our new fire engine cab. That should be in delivery sometime around October. And our latter one is currently out of service with a variety of issues. Hopefully that will be back in service by the end of the week. Lots of end-of-school-year activities for the students and teachers, lots of tours throughout school. That's always fun for the students. Today we had, I think between us and the police department, we had 64- and 5-year-olds come through. That was, you know, you have 60 kids roll through. That's a lot. Then you get to see the little kid come back out in the firefighter, which is always fun. So the crew is back here tonight. I would like to publicly acknowledge them. So on April 14, April 14, April 16, one of the two, they responded to a call for service for an elderly patient. Upon their arrival, they felt that the front porch was not very stable. They could tell moving in and out of where None of us are, you know, lightweight, so as we're going in and out, you could feel that move. Once the situation was mitigated, they took it upon themselves to investigate as to why the situation was the way that it was, and it turns out that none of the rafters on the porch were connected. So when you would step on it, there was some bounce to it and some spring to it. They took it upon themselves to go to the home improvement store, purchased trust hangers on their own, And went back to the residence and installed it on their own without any prompting use their own money And for that I would like to acknowledge lieutenant Dan Kota check master firefighter Jacob's Zach Tansky and master firefighter Mike Laney that is the epitome of What we stand for at the fire department and It epitomizes the mission and the values of the Portage Fire Department to serve with pride, perseverance, respect, integrity, duty, and excellence. So thank you all very much. Appreciate it. That is all I have, unless you have any questions for me. all of that, and I kept it shorter than Candiano still.

I'm sure. Chief Candiano, would you like to come up? No. Oh, all right. Thank you so much, you guys.

Thank you, guys.

He's got his blue book.

Yeah, because I was frantically writing stuff down over there because I didn't want him to outdo me. Couldn't come up with anything as cool as what he had, though, so I guess we're just going to wing it. We're running about 100 calls a day again. Slowed down a little bit for the winter, but I think this is probably where we're at. I expect that... with just the, you know, extra people that have moving in the city, all the extra businesses, which are great. Um, it does increase our calls a little bit though. I would be surprised if we're not somewhere in the 115 calls a day going into the summer. I think that's probably going to be pretty standard for us. So, uh, a couple of things I want to talk about, um, that happened within the last week. Um, we had, uh, Sadly, we had a rash of violence over the last couple years, and two of those cases have come to trial within the last month. So we had a homicide trial from, or a murder trial from, I believe it was two years ago. It was a shooting that we had up in Cameco. And that case went to trial, I believe it was last week or two weeks ago, kind of lost track, two weeks ago. and we did get a Conviction on murder for that case It's a weird situation to want to be happy about something like that But I will say I'm proud of the work that our patrol division did our detective bureau All that went into that, you know, it's you make the arrest and and there's so much work that still has to be done even on top of that. And the fact that we were able to get some closure for the family, get some justice, uh, makes me feel good about that. Again, it's a weird thing to celebrate, but, um, it's just one of those things that I think is important to share that, uh, you know, all the work that they put in. And I mean, they put a ton of hours into that. Um, We do have another trial that started last week and has continued into this week. This is another, unfortunately, another murder trial that we have going from within the last couple of years. This one involved a fire at a apartment complex. And I believe it's going to the jury tomorrow. I feel like our officers did a heck of a job with this one too. So hopefully that family will also get some closure. Again, you know, just want to give props to our officers for all the hard work they put into that, the amount of stuff that the preparation and all of the investigating that they do so that they can get some closure for the families. So again, weird thing to celebrate, but just thought it was important to talk about. Other thing I got here, it is National Police Week. We are doing our memorial luncheon this Friday at noon at Woodland Park. Anybody that would like to come is invited. That's the public, too. We will have lunch, a short ceremony, and an opportunity to kind of hang out in a more relaxed, calm environment. So for those of you who have come before, I think it's a pretty decent time. nice lunch, get to hang out with the officers. If anybody can make it, that would be outstanding. So that is, again, this Friday at noon at Woodland Park. Two other quick things. I don't know if you saw, our SROs went internet famous today for rescuing some ducks. Pretty cool. Usually that's a fire department job. We can also do their job. So they have fires. They call us. We come to the fires. Ducks are needing rescued. We can do that now. So I don't know. I mean, it sounds like they did some cool stuff, but I don't know. Maybe we don't need them. Just kidding, man.

What about getting a drone out of a tree? Is that something the police can do with the police drone?

I mean, we could maybe knock it out with our drone, but I think they probably did it a little bit safer. They probably didn't wreck anything. We would destroy it, but we could get it down. so um yeah i just wanted to give them a shout out for that was kind of cool some uh you know kind of interesting publicity you wouldn't think that you'd get as a school resource officer but uh so for uh corporal bowling and sergeant wyrick so good job to them protecting the young students and the young ducks i guess or geese whatever they were um And then the only other thing I just wanted to, kind of just came to my attention today, I just wanted to throw out there. I saw there's been some chatter lately on social media about the flock cameras. I won't go too deep into all that, but I do want to say that these two murder trials that we are working now, having those cameras was a very important part of these trials. being able to prove that somebody was in an area when they said they weren't and being able to prove that with the vehicle is, is, I mean, that's fantastic evidence to have. So I know there's, there's still some concerns out there. I think a lot of the people that have concerns don't necessarily understand what the cameras are able to do and what they're not able to do and what we use them for. And, you know, maybe there's an opportunity to educate a little bit more, but, um, You know, some of the crimes of stolen cars and things that we recovered are great, but when you start talking about murders and shootings and things like that, these very serious abductions and things that we're able to solve based on flock, I mean, it's just an amazing tool to have. So I know there's been some people that have been calling out some of you all on Facebook and stuff, asking questions about that. So I just wanted to kind of reinforce how important of a tool that is for us, so. I think that's it.

Any other questions? Thank you, Chief. Attorney Bartnicki, I believe, if I'm not mistaken, we have a public hearing based on the PD proposal tonight, am I correct? Or is that just a, or is that a- No, that's just a placeholder.

Okay. Sorry about that.

I apologize. I wanted to make sure that we didn't make a mistake if we needed to do one. All right. That'll move us then to the introduction of ordinances. Ordinance 2605, Olthoff Homes, approximately 1.195 acres, M2 to IS. That's a multifamily to institutional. Maybe it would be a good idea.

While they're approaching, I'll go ahead and read it. If I have somebody read it.

Yeah. Ordinance 26-05.

Yeah. we've established a little bit of a way to do things here. An ordinance of the city of Portage, Indiana, amending chapter 90, article five of the city of Portage municipal code entitled zoning map. Let the record reflect that the ordinance has been read in its entirety.

Thank you. Would you guys like to just explain what that is real quick?

Yep, good evening. Kevin Pascoe. I'm here with Ed Brecht and Wall of Olthoff Homes, 8051 Wicker Avenue, St. John, Indiana. We actually have the next three items on your agenda. So this first one here is for the IS portion. So I do have a presentation if you'd want me to just kind of run through information for all three of our petitions.

I think that'd be excellent. Okay. And then Tom, do you or Z have the ability to get this on the screens where they can see it?

Since we're considering all three. Look at that, thank you. I would recommend that I just go ahead and read all three ordinances that way as the presentation is loaded up. So then next we will also be considering ordinance 26-06, an ordinance of the city of Portage, Indiana amending chapter 90 article five of the city of Portage municipal code entitled zoning map. Let the record reflect that ordinance 2606 has been read in its entirety. AND ORDINANCE 2607, AN ORDINANCE OF THE CITY OF PORTAGE, INDIANA, AMENDING CHAPTER 90, ARTICLE 7 OF THE CITY OF PORTAGE MUNICIPAL CODE ENTITLED ZONING DISTRICTS AND MAP, CREATING A PLANNED DEVELOPMENT OVERLAY FOR THE BELOW DESCRIBED PROPERTY PURSUANT TO ARTICLE 9. LET THE RECORD REFLECT THAT THIS ORDINANCE HAS BEEN READ IN ITS ENTIRETY.

If you guys don't mind, before you begin, I just want to say something, just that depending on what you guys say, it might be easier said, or maybe worse said if I say it in front. In Portage, we have this unique thing when someone is making a PD, a plan development, that you can't just go under our current code from the zoning to a plan development. It's a two-step process. You have to first go from the zoning to that zoning with that plan development overlay, and then you vote to go from that to the plan development. I've said before I'm not a huge fan of that system. We just haven't really sat down to really work on if we want to explore changing that. But in the meantime, it creates just this system where in order to do it, you have to vote twice. So there's a two-step process in really this one desired action. And I think on that, you guys are good to start.

Thank you. So this site is composed of one parcel, which is shown in blue here, totaling about 42 acres, located on the east side of Airport Road. Geographically, it's north of the Farmington subdivision, west of some unincorporated farmland, east of the Preston Trail subdivision, and then south of the landings at Portage. It's in the southeast corner of the city and is pretty near furthest reaches of development. So residential is the dominant use for the parcels in the immediate vicinity, so it's logical that this property would eventually transition from agricultural and open space use to residential since that's the trend in the area. We'd also kind of envision this as a different project than either our River Trace or Sweetwater projects. or need other projects from other developers, since this is all single family attached, as I'll explain shortly here, which really aren't offered brand new in the city. So we do believe that this fills a void that's in the housing market, not only in Portage, but in Porter County more broadly. So in terms of the zoning for this project, the parcel currently has M2 residential zoning, which was granted one year ago today via ordinance 25-26. This was done in conjunction with Simon CRE's request to rezone the north portion of this parcel to C2 commercial to allow for the landings at Portage subdivision. So as I mentioned and as it has been read into the record, we've got two requests for rezonings on our 42 acre parcel. So the first is for the residential portion, which is shown in red on here, to be rezoned from M2 to PDM2. This encompasses 41.186 acres of the property and would cover the multiple housing types that we are proposing. Then the other request is for institutional portion on the northwest corner, which is shown in brown, to be rezoned from M2 to IS. This encompasses 1.195 acres of the property and will cover the fire station parcel that the city has requested. us and i can add into our concept plan which we presented to the plan commission uh... two separate times and then ultimately did receive uh... unanimous favorable recommendation to council today for proposing three different housing types so the first of these are uh... thirty four single-family attached appeared cottages ninety-foot wide by hundred twenty five foot deep lots These would match the paired cottage units that we're currently building in River Trace and that we plan to build in Sweetwater. And we were cognizant for the buffering between the adjacent uses in the vicinity here. So there's smaller lot single family detached homes in Preston Trails and Farmington. So we made sure to locate these paired cottages along the west and south sides to establish that buffer. We're also proposing 88 single-family attached, one-car, two-story, front-loaded townhomes, which will be 22 feet wide by 81 1⁄2 feet deep per unit, or per block of units is 176 feet wide, and each building is an eight-unit building. These are a new product type that we've just started to roll out in our Lake County and Porter County projects, and these could be a great fit for individuals looking to move out on their own for the first time, which we feel is a need in the greater northwest Indiana housing market that isn't being met. This will again offer a buffer on the north side between Target and other commercial uses directly north of this, and then our more intense residential use. And then the third and final product that we are proposing, 112 single-family attached two-car, two-story front-loaded townhomes, which will be 26 feet wide by 85 feet deep or 104 feet wide per block of units. And these will have either four or six-unit buildings. This is also a new product type that we're rolling out, and this will be the first Porter County project that we propose these in. So we're well aware that Portage has been quite a booming place for all sorts of development, but particularly residential development. And we'd be more than happy to debut this product in this particular project. And it's another option for current and or prospective residents. So with these units, you might have heard me mention that they're front-loaded. So what I mean by that is that the two-car driveway and then the one- or two-car garage is in the front of the unit. This is in contrast to the townhomes that we built in River Trace, which are rear-loaded and are serviced via an alleyway. That's where the two-car garage is located. All of these units being front-loaded allows us to have more green space for each unit since we don't need an alleyway in the rear. And then another item I'd note with these townhomes is that they will be sold fee-simple individually, so each unit will have its deed for the one-car and the two-car townhome units that they will own. So these won't be rental units. All units for the entire project will be owner-occupied, and they will be marketed and sold as such, just like River Trace. So this plan has a total of 268 units with a density of 6.32 dwelling units per acre. And even though that may sound like a large number of units, in actuality this is almost down zoning on the parcel since base M2 zoning would allow us to propose multifamily apartment buildings that could have 16 dwelling units per building across the entire 42 acres, which would most likely result in a significantly higher number of units than what we're currently proposing. So we do also show the one acre parcel in the northwest corner that's intended to be used for a future fire station for the city. We were approached by the fire department last fall asking if we could help them with siting a new satellite fire station in this vicinity, and we're glad to help them out with that. This location is obviously well suited for where the new development has been occurring in the city since it's predominantly on the south side or at least south of 6. So all that being said, we do feel that many aspects of the proposed site fit with the goals from the comprehensive plan and then goals that the city has stated in city meetings, as well as the original intent of Simon CRE when the initial rezoning was approved by both the plan commission and the city council. So those include having a new residential development in an area that's already experiencing residential growth, providing multiple product types for current and future residents with three types of single family attached housing products, offering a wider variety here than straight M2 zoning would allow, and then providing more attainable housing for age and or economic demographics. So we do think projects like this are much more appealing if there's multiple product types versus just one product type. Not that those kinds of projects aren't needed and successful elsewhere in the city, but having multiple product types definitely does expand your pool of prospective residents. uh... so shifting gears a bit to of the open space and amenities that were uh... proposing we've got about sixteen and a half acres of the project uh... set aside for the detention time and then the amenities so on the west side we planned out a landscape berm along airport road as well as a covered shelter area a gas fire pit and seating area We prefer to locate these types of areas near our entrances to sort of break up the streetscape a bit. And we also envision the firefighters utilizing this area to get some fresh air to relax once the station is in there. Then on the east side, just south of the detention pond, we've planned a dog park that will have some seating and a few pieces of equipment for the dogs to interact with. Aside from the amenities, I did also want to touch on a few other items for open space that we'll be providing. I mentioned that we'll have a landscape berm along the park space. However, we will also have a berm along the units south of that as well. So most of the length of Airport Road will have some amount of landscaping in the berm. There's also going to be miscellaneous landscaping in other outlots throughout the project, as well as on-lot landscaping that will be provided with each unit. We do have a very large detention pond, so we'll most likely have several fountains or one large fountain, not only to help with aeration of the water to prevent stagnation, but also to make it a more attractive feature for residents. There's also going to be a walking path around that detention pond for residents to use as well. And then we're committed to continuing the eight-foot walking path along Airport Road that Providence is installing as part of Farmington. So then that will create a continuous path on the east side of Airport Road from Route 6 all the way south to 700 north. There's also going to be full right-of-way improvements along that same stretch between the landings and then Farmington. All open space and park space will be owned and maintained by the HOA for the community. So it'll handle all the maintenance of the outlots as well as each housing unit that has our low maintenance offering. So that includes mowing of the grass, pond treatment, fertilization, landscape pruning, things of that nature, all taken care of by the HOA. So the provision of maintenance from the HOA does greatly contribute to the property values, not only of the units in this project, but also for adjacent projects. And then it also prevents any of the loss of the outlets from becoming in a state of disrepair. And then just to highlight a few other unique features that we'll be providing as part of this project, the rendering on the screen here shows our main entrance monument that we'll install at the entrance to the community at the southeast corner of Airport Road and Sterling Creek Road. This will be a large masonry and wood sign with the community logo and then landscaping around it, which will be integrated with the rest of the landscaping that we have proposed on the airport. The other monument type that we are providing will be at the entrances to private roads that we have as part of the townhome area, which I'll address in the next slide. This is essentially just a scaled down version of what was on the previous slide. let's say masonry and wood and then with the community logo. Then these would have the private road names at the top and then be located opposite stop signs at certain intersections. This is something that came up at our DRC meeting with the street department. Not only will this be another positive design element, but it will also help the street department to know which roads are public and private, which is particularly important during snow events. So then just to get a little bit more in depth with the roads on the project, this exhibit here shows which roads will be public, which will be private. The public roads that will be owned and maintained by the city are in green, and then the private roads that are going to be owned and maintained by the HOA are shown in blue. We've also added in three turnarounds at dead end roads, two along the north property line, and then one along the east property line. These were also shown at our DRC meeting and approved by Chief Crail. We also expect to have cluster box units for the mailboxes, although that's ultimately a USPS decision. If we do, they'll either be black or tan in banks of 12 or 16 slots. And then for lighting, we're going to have a combination of standard NIPSCO spun aluminum lights along the public roads, which are the most commonly seen design. And then the private roads will have ornamental style with the globe style, not the lantern style for the lights themselves. I'll reiterate again that we will comply with city's stormwater detention standards, just like every other new project in the city. Final engineering plans for the project will be submitted once the rezone portion is completed. But we have had discussions both with city staff as well as our engineers for the project, not only for stormwater but all utilities in general. So as a result, we do have a pretty good grasp on the utilities for the project. Another topic that does frequently come up is the impact to the school district and I've been in contact with Nick Grahn who is the CFO of Portage Township Schools regarding this project. I reached out to him on three separate occasions since December and each time he was appreciative that I had done so. Each time he also mentioned that there were no comments from the school corporation but they are definitely well aware of this project as well as our Sweetwater project and some people from the administration might be even viewing the meeting tonight just to get additional information we do take keeping school districts informed of new projects we're proposing very seriously so i will continue to keep them up to date on progress as our new projects progress We wouldn't expect a smaller impact to the school district just based on the product types that we have. Our paired cottages tend to have empty nesters or people looking to downsize living in them. And then the town homes would be more for first time, either single or couple buyers. So by the time that someone has kids, they most likely move to a detached home that would have more square footage and more yard space. So I know that's a lot of information. So if there's anything that we could cover more in detail or go through again, please let me know. Otherwise, we'll take any questions or comments.

If I could ask, I think, two things and say something. I think I know the answer already, even based on the map. So there's no road connection to the rest of the Simon CRE development to the north, is that correct? That is correct. Gotcha. And then are these all owner-occupied? Yes. Okay. Just something I just wanted to note that I thought was kind of funny about this, and I don't know if you guys heard of this thing called Portage 411, but... I had somebody say to me about the number of neighborhoods getting built in our city, and he gave me a number that I felt like was kind of high when he was describing all the neighborhoods getting built. And don't get me wrong, there are neighborhoods getting built, but this guy gave me a number I felt was really high, and so he showed me something on the 411 every time neighborhoods were like announced or something was being talked about and so what I noticed is if I'm not mistaken so when this was separated with the Simon CRE development you had the zoning that was there the M2 and there was someone who went online and said oh that they just created a neighborhood area over here and Well, then they went back to the plan commission for the initial concept plan and someone said, oh, they're talking about a neighborhood here at the plan commission. Then they went back to the plan commission the second time with the new concept plan and then that's the recommendation that came here. And somebody said, oh, they got another neighborhood coming to Portage. It's actually been the same neighborhood talked about three times in three different meetings. This is the fourth meeting it's being talked about. So in the event someone says, hey, there's another neighborhood coming tonight, you can feel free to let people know, actually, it's the same neighborhood you've seen posted about three times previously. This is just the next step in its proposal. I find that kind of funny how sometimes that works. And I apologize, I'll turn the rest over to the council.

Now, with the dog park, I know we talked about this before, but just again to reiterate, it is the coded, gated dog park, correct?

Yes. It's only intended for residents of this community, not the entire city, correct.

Thank you.

What is the eastern border of the development?

The eastern border is just unincorporated farm parcels. I think they might have maybe some homes on a few of them, but it's largely vacant.

Mr. Cherry, is it within the city limits, would you know offhand, the part to the east? Because I think this particular area doesn't go all the way to the other road. Is that correct?

No, those are private homes on there between that...

No problem. Yeah, but it doesn't go all the way to McCool or Samuelson. Yeah. The neighborhood to the south does or ultimately will go all the way to Samuelson. Yeah. If you kind of compare this, did you guys have a slide where it showed the neighborhood that's underneath it? It is if you take you can see the property lines there And you can see that the neighborhood to the south goes all the way to Samuelson. This is capped by existing residential properties I'm I think it is in our city limits to the east that's sighing in line is the city limit It is the properties to the east of us are in the city limits That gives you an idea of what you're looking for One more thing.

I just wanted to say that This neighborhood looks lovely and the walking path in the shelter. It looks very nice.

Thank you. I agree with what you said, but I have a question regarding the HOA because it was stated you're going to be maintaining all of those. What's guaranteed if I were to be purchasing a home there? How long that HOA is going to stay there?

No problem. Our HOAs are set up from day one. The minute that the first person purchases a property, the HOA is in place. There's a management company in place. They're paying their dues and their fees that have been established through a budget that we create at the very beginning of the project. The covenants and restrictions also have deed and mortgage requirements to them. The HOA cannot be just haphazardly ended. It would take a majority vote of the initial owners and then also potentially a vote from the mortgage deed holders on that property. So we tried to make it very, very difficult. It's not impossible, but it's very, very, very difficult to disband an HOA that's put in place, at least the way we do it with our covenants.

Thank you.

Any other questions? We're not able to vote at this because we're required to do two readings for anything related to the zoning. But we thank you guys for being here. If there are any other questions, please feel free. Otherwise, thank you guys so much.

Thank you.

We'll be back at the next meeting. Liz, we have introduction of resolutions and then other matters. Are the resolutions the CF1 approvals? Are those considered resolutions?

No, they're not.

Okay.

They're just CF1 approvals. They're just form documents from the- No worries.

We'll jump right to that then, the CF1 approvals. Mr. Bartnicki, do you mind opening that for us?

Well, I mean, these aren't anything that you have to, this isn't like an ordinance or resolution.

There's nothing really to read to announce them. They're just, I mean, again, like,

they're the annual forms. I mean, Liz has the better information on this than I do. I apologize. I'm just making sure that they're introduced correctly.

I'll make a motion to approve the CF1s for power properties and ConReady plastics.

And basically, I just want to state that they are in compliance. If you look at the amount of employees they said they would hire, they said their wages are way above what they said they were going to be. A lot of times you guys ask about that, and also the infrastructures are also... the same that they said they were going to be on their SB1s. They are in compliance.

Power Properties and Conready Plastics.

Thank you.

We have a motion, but I didn't hear a second.

Second.

We have a motion and a second. Any other discussion? All in favor, please signify by saying aye. Aye. Any opposed? And they passed, as I'm very happy they did. Any other matters not already considered by the council or a motion to adjourn?

Sorry. I have an issue that was brought to me by a constituent. It turns out there is a issue concerning BB guns. I have a constituent who has an issue with BB guns being fired and the projectiles landing in her yard, also while she's in the yard. And so it's quite a hazard. Attorney Bartnicki, is there anything that can be discussed or that can be said regarding that issue?

Actually, funny you mention that. I have been working with the police department on reviewing and hopefully within the next meeting or two, in conjunction with the police department, we'll be presenting an amended ordinance on general firearm discharge, of which BB guns, air rifles, and bows and arrows and other things are considered. I can't really say any more about that because it's still under review, but yes, it's actually being considered right now actively, and I'm talking with the police department about that exact issue. Very good. Thank you so much. Any other matters or a motion to adjourn?

Yeah, unfortunately, sir, we didn't have the public comment on the part that was already opened. I'm happy to talk to you after the meeting, though, if you have a matter. Thank you. Anything else? Or a motion to adjourn?

Motion to adjourn.

Second.

All in favor, please signify by saying aye. Aye. Thank you.