Common Council - Regular Meeting

I'd like to call the January 5th, 2026 City of Leaport Common Council meeting to order. We will begin with the pledge of allegiance. President Frankie, I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. Roll call. Clerk treasurer parthonon. Councilman Frankie here. Councilwoman Huffman here. Councilwoman Fus. Councilman Galloway here. Councilwoman Keshnney present.

Councilman Buchanan here. Councilman West here. I mean woman, I'm sorry. Councilwoman, long day. All present. Approval of December 15, 2025 meeting minutes. Do I have a motion? I'd like to make a motion to approve the minutes as presented. Second. Motion and a second. Discussion. All in favor? I. Opposed? Motion passes. Petitions and comments of citizens. We do have a few here. Just a reminder, three minute maximum. No personal attacks. Uh this is not a question and answer. So please state your mind. Uh again within three minutes.

This is your only time to speak. So if anybody has not filled out a comment card, please do. There are no other times during the meeting that you will get to speak. Please state your name and address for the record. Begin with Gary Metaf. Come forward. Gary Medaf, 4205 North, 325 West. Um, I'm here tonight to show my disdain towards changing the zoning for specifically for the reason of stacking too many houses in one or two areas to benefit the city of Leaport and to benefit other areas that shouldn't be. Uh, there's not enough fire protection. When you look at the drawing, there's only one entrance and one exit and the parking spots are too tight. If you were to have a fire during one of the times where the garbage truck was there, it would be blocked. Now, granted, you could get to all three sides of the building, but not from the inside. If that happened and there were people there, you wouldn't be able to get people out. So changing the the zoning specifically for that gain is something I don't see or feel is appropriate. Uh the sidewalk's going to be too close. Even if there isn't any parking along there, that means that a car or a truck or somebody could bounce off of somebody else and hit somebody, some children. There's going to be a lot of children from what I understand. And I I just don't feel like I'm not against it. I'm just against that. You're stacking too many people in one little area too tight.

It's all I have to say. Comments from Mr. Metaf. Thank you, Dave Ambers. Good evening, folks. I apologize. My back's been up since

[clears throat]

I'm David Ambers, attorney at law with an address of 601 State Street, Sweet B. I'm here to follow up on opposition to the reasonzoning of the Brier Leaf property um from when I presented at the plan commission. I'm not going to read all of my presentation to you. I'm just going to hit the highlights and there's a couple exhibits I want to highlight. One of the factors that have to be proven in this matter is that the change in the zoning is not inconsistent with the master plan. The current zoning of the Brierwood property is R1B that provides for 100 foot wide spacious lots that are a little less than the surrounding area but would blend in. When you go to the R1D and then you stack on a variance from the BZA to narrow those lots and setbacks, you're you're spitting in the face of the master plan. We have that in place for a reason. And I really wish you folks would just sit back, table this for a month or two, and analyze, is this something we really want. The R1D zoning in this city is limited to primarily the east side of Leaport and what we all passionately call Pole Town and one side of Weller Avenue. Nowhere else in the city are the lots this narrow. And so you're just dumping this in between properties that have anywhere from 100 150 to 200 foot wide lots and you're going in stacking in these narrow lots. If you grant this zoning change, it will have a current uh negative impact on current conditions and character of current structures and uses particularly with the narrow lots. It will not result under number three of your conditions in the most desirable use for the land in

the district as adapted because of changes from spacious R1B to dense R1D. When you go to those narrow standards, if you look at exhibit A, it shows Mr. Schoffner's property in blue and the golf course. If you take a quick look at exhibit B, it's an expando of the plat proposed plat or I guess we really want to call it preliminary plat. That's been proposed by Lonar that shows that they're going to plunk three retention ponds next to my client's property. that's going to affect his value. And then homes behind him, he un he has the misfortune of the property wrap around on wrapping around his on three sides. If you look quickly at exhibit C, there's plans for more because they didn't put a culde-sac on the far right side of their subdivision. They just end the road in adjoining property. So that tells me they intend to keep on going to the west and add even more I'm sorry the east and add even more density. Exhibit D, you can really skip it. Just shows all the surrounding area and what their widths are from the 150 um to 200 ft. Exhibit E shows the ordinance and tells you what R1B should be, where it should be, and R1D. And it says in R1D, single family residential district is established to include urban neighborhoods with small lots. That's not what that area is. It was um you know, it's become part of the city, but it's not an urban area. It's not downtown city of Leaport where you're trying to do some back filling like you have on some other prop properties.

And the one that concerns me most other than the narrow lots is narrow setbacks. Um, exhibit D was a post from Fox Station down in Indianapolis over the weekend. They had seven homes damaged in a fire. And one home was completely engulfed, which is one under construction by Beaser, which is a company very similar to Lonar, and they follow pretty much the same protocols. I've sued them before in Lafayette for mold in a home. The fire spread to two neighboring homes and caused a lot of damage. It also melted the siding off of four homes across the street because of how much heat it was generating. If you flip and look at the pictures, you can see how stacked these houses are, which is exactly what Lunar wants to do. If you look at page two, it shows the property, the primary property when it was fully engulfed. Page three shows how fast it went down. You can see in page three to the left of the house that burnt, how it damaged the next home because they had narrow setbacks. If you go to page four, it shows that damage closer. And if you look at page five, this is a house across the street. And this is what the problem with narrow streets is. We need to keep our streets wide enough for emergency equipment to pass and not scramble things in. The heat from that fire was so intense, it melted the house off the um houses across the street. And if you look to the right of that picture, look how close the side setbacks are. We can't have five foot wide side setbacks on each side. We have to stick with the ordinance and keep the setbacks wide enough to keep these fires

and tragedy from spreading from one home to another. And I beg you on behalf of my client to take some time and think about this. Read your ordinance. see what this is doing and how it contradicts the ordinance and help the surrounding people. They weren't promised a golf course forever. We all know that the man has a right to sell his property and he has a right to develop it or do something with it. But we have to have good sound planning, not just stick something because we have an open spot. It can still be developed as R1B with nice spacious lots and that's what I would like for you to stick to on behalf of James Shaner. Thank you.

Thank you.

Comments Tim Conowitz. I'm Tim Conowitz. I live at 3199 North Bride Leaf Court Leaport. I would like to thank leaf director Bert Cook, Lener area land man acquisition manager Andre Hatami and everybody who worked so hard for the future of Leaport. In my particular case, Lenir's representative representative Andre Hatam met with me December 30th, 2025. In that meeting, we addressed the implementation of a burm as well as placement of singlestory homes to address the privacy concerns at at the villas of Brierleaf. I understand Lenir has committed to a landscape BM representative of the one from Lenir's presentation board at an October 20th meeting. Additionally, we addressed the building of singlestory homes stating privacy and concerns of property values. Lener's representative, Andre Henne, indicated that singlestory homes starting with a price of 330,000 could [snorts] and as a possibility be placed on lots number 84 through 90 of the submitted concept map. Lenir's representative does not have the authority to make these kinds of

commitments. He did say he would suggest to Lenir's engineering landscape and design team. In an email from Andre dated January 5th, 2026, the following excerpts were taken. BMS, we can guarantee that BMS will be placed between your backyard and new development. While we cannot guarantee the exact size total number, we can confirm the BMS will be located behind your property and we will reconnect with you as we move closer to final landscape development. Landscape buffer as at this time, same thing. They cannot guarantee the size or anything. However, uh as we approach final approvals in landscape design, your own poe will be heavily considered and we will work to maxim maximize your privacy whenever possible. Ranch homes back in a villa. The request that all home sites backing up to the villas be ranch homes has been relayed. While this is not my decision, it is unlikely to be improved across all home sites. I do believe we will be successful in meeting your requests for home sites 84 through 90. Now, it's my understanding that the decisions will be made by Lunar's engineering design teams after the city approves it. Therefore, I am respectfully requesting the city council of Leaport, Indiana, grant a conditional approval to Lener Homes. This approval will be granted contingent on commitment to the addressed items, Burm, Landscape, and Singlestory Homes on lot 84 through 90. I request these items be added to Lener's final plan prior to submission

to the city's planning commission. as it stands. I'm just asking for LER to do what they said they would do and nothing more. Thank you for your time. Questions? Thank you, sir.

Sue Anticheski. [clears throat] Good evening. Sue Antiche, 101 Belden Street. I wanted to formally follow up on the zoning variance approved for the townhouse project at 111 Roosevelt Street, the old Washington school site during the December 18th board of zoning appeals meeting. The BCA approved variance reduces the townhouse zoning offset to 8 ft to accommodate higher unit density and a day care facility. I believe this approval was flawed and raises serious concerns for the following reasons. The overall application was inconsistent and incomplete. The variance creates significant public safety and parking congestion concerns. The project harms neighborhood character and negatively impacts property values. The petitioner failed to demonstrate a specific hardship, showing only a desire to bypass zoning regulations to maximize density. The petitioner did not clearly state how the statutory findings in Indiana code 36-7-4-918.5 were met. The variance uh sets a dangerous precedent for the future developments uh within the city. Furthermore, I wish to correct misinformation during the city's presentation. Mr. Phillips misspoke that my property and others in the area already had an an approximate uh 8 foot offset. In reality, my property and nearly all others on my block maintain a 20 foot offset supplemented by a 4 foot approximately 4 foot sidewalk and then a 10 plus foot tree lawn. A a simple survey of approximately 55 homes in the immediate vicinity. Beldin,

Cable, Roosevelt, and sorry, Cable, Roosevelt, and Box Streets confirmed that only 11% are situated less than 20 foot setback. I'm concerned that the board approved this variance based on inaccurate data and a lack of due diligence. I would also like to inquire whether the city planning department or the BCA board conducted a physical site visit to confirm existing property offsets. The anecdotal nature of the presentation uh suggests that hard data was not collected. While I understand this decision is probably final, I strongly urge that this uh administration consider and implement the following procedural changes. One, rec require documented site surveys, visits as part of an application checklist. Two, ensure only verifiable data is presented to the BCA board. Three, mandate that the BCA board factcheck petitioner claims before voting, possibly by deferring votes to a subsequent meeting. Allow and four, allow the public to readress the BCA board to dispute misinformation presented by a petitioner. For the record, I do not object to residential use for for the space. However, a development of approximately maybe 10 to 12 units, daycare facility, and adequate off- streetet parking could be accommodated without violating any uh or uh any without violating zoning rules. Prioritizing design, convenience, and profit over safety and neighborhood stability is a flagrant disservice to our community. Um, like Mr. Metaf had uh stated, like I said, I'm not opposed to the to housing going there. It'd be great to not see that school just sit

and rot in my neighborhood, but I'm opposed to shoehorning in 16 to 24 units where parking and well, one, they're too close to the road, and two, parking will congest everything. So, I hope this board or I hope the council will reconsider also. Thank you. Thank you. Comments, questions? Karine Goodson.

Hi, Karine Goodson, 354 North Shamar Hills Drive, Leaport. Um, I was planning on talking about fire safety and Mr. Ambers covered that pretty well. Um, but I am here to talk about the zoning. Um, again, I'd like to reiterate that we're not against development on Brier Leaf Golf Course. You know, we know that it's been sold. It's a done deal. Um, our opposition is to putting the homes as close together as as they are and putting that many homes in there. Um, our property is almost an acre and, you know, we overlook what is the golf course now. Um, we're retirees. We're on, you know, fixed incomes now. Um, I am born and raised in Leaport. I have spent almost my entire life here. I'm a slicer. Um, actually due to title nine, I was on the boys swim team in high school because we didn't have a girls team. Um, I had some notoriety from that at the time. Um, and I was also I am a graduate of leadership Leaport County. I was in class with Mrs. Derm. Um, so I do care about Leaport. I care about Leaport a lot. If I didn't, I wouldn't be here. Um, but I'm concerned about the fire safety. I'm concerned about the congestion. Um, I'm concerned about the aesthetics. Um, I mean, yes, my house is there, and yes, I don't want it in my backyard. Um, but, you know, like I said, we're retirees. We can't just pick up and move. Um, I know that there was fears about the golf course staying abandoned. And one of the examples that they used in the last couple meetings is the Brassie um over in Chesterton. And I heard from a different source over the weekend. Again, I I don't know that this is true, but I heard that they had had three different developers come in and want to develop there and they wouldn't let them because of their zoning restrictions

and they're looking for something better, which is something that I think we should do as well. questions. Thank you. Jacob Hill teacher today too, right? I'm Jacob Hill. I live at 3584 North 100 West report. To the honorable members of the board, I respectfully request that the following statement be entered into the official record in correction in connection with the proposed reasonzoning. For the record, Indiana Department of Natural Resources, regional botonists, and ecologists have recently visited the property associated with Autumnbog, which is in the northeast corner of the development. During that site visit, they identified multiple rare plant species and the potential for rare aquatic life species. I understand that this ecological review is ongoing and that no formal design designation or determination has been made at this time because this resoning would allow more intensive land use. I believe it is important for the board to be aware that state level natural resource professionals are currently evaluating the ecological significance of this site and that additional information may become available as that process continues. Proceeding with zoning decisions before this review is complete could limit the board's ability to fully consider the site's environmental constraints. Thank you for allowing this statement to be submitted for the record. The attached paper is a list of plant species they had found.

I would also like to say as a member of youth of Leaport and the other youth I've talked to in Leaport peers, um we don't really want to see Leaport forced to grow. We'd like to see a natural growth. We like our small town. We don't want it to be huge with a bunch of people coming in that don't share our values and we just we want it to be small town. Thank you. Questions for Mr. Hill. Thank you, Jacob. Ethan Coun.

Hi, [clears throat] my name is Ethan Coun. I live at 3, sorry, 3292 North 100 West Leaport. To the honorable honorable members of the board, I am submitting this written comment for the public record regarding the proposed zoning of the former Brierleaf Golf Course property from R1B to R1D. This is an important change because R1D allows higher density, smaller lots and more impervious surface, which increases storm water and drainage impacts. This property is next to autumn bog, a documented peak forming bog identified in the Indiana natural areas inventory. Importantly, autumn bog spans multiple properties, including my family's property. Because we own a portion of the bog, any changes in drainage, grading, or groundwater flow will directly affect our land and shared wetland system. Because of the bog sensitivity, I contacted IDM to understand its regulatory status. IDM confirmed the following. There is no wetland classification for autumn bog. No wetland delineation has been done and no permit application has been filed by the developer. Before Idum can classify the wetland, the property owner must obtain a professional wetland delineation and a jurisdictional determination from the US Army Corps of Engineers. IDMem also stated that the only the USA can determine whether the bog is federally jurisdictional. IDMe does not regulate indirect impacts such as drainage or runoff which makes local review especially important. The developer has stated publicly that they will follow all required permitting. However, items response makes clear that no delineation, no jurisdictional determination, and no permit applications have been initiated. A statement of future intent is not evidence of compliance, and no documentation has been provided to demonstrate that any environmental review is underway. At this time, no state or federal agency has reviewed this wetland, and none of the required environmental determinations have been completed. Because the bog is divided among multiple property owners, including my family's property, a complete and accurate wetland evaluation, cannot occur without

coordination and access across all affected properties. It is also important to note that proceeding with the zoning change before a delineation, a jurisdictional determination, and an item review are completed may result in delays or conflicts later in the process. If state or federal agencies ultimately identify protected wetlands or jurisdictional waters on the site, the development plan may have to be modified or reduced in scope. Conducting these evaluations in advance helps ensure the county bases its decision on complete and accurate information. Reszoning the property to a more intensive district before this information is available would be premature because the county cannot evaluate potential environmental and hydraulic impacts without these studies. Reszoning is a legislative decision about land suitability and should be informed by known environmental constraints before higher density is approved. For these reasons, I respectfully request that this resoning be denied or tabled until a wetland delineation, a USC jurisdictional determination and an IDM waters of the state determination are completed and made available for public review. Thank you for including this comment in the public record. And attached to the back is a email exchanged between IDMem and I that confirm the information I talked about.

And who was the individual you were emailing with? His name was like Faren. Yes. Amari. And was that more like customer service or which department did he fall under? Um, I do not know what department he fell under. [snorts] Okay. Thank you. Question, Mr. Cruz. Thank you.

Thank you, Jackie Dery. Mentoring month for the month of January. Ladies, please come forward. Good evening. My name is Jackie Germany. My address is 1658 South Willibun Drive. Um I am here tonight. I'm the director of family advocates. And with me is everybody lined up directly behind me. Amanda Lowour, our director of schoolbased mentoring, Gina Jackson, our assistant director of schoolbased mentoring, and Christy Han, our director of volunteer and community engagement. I want to begin briefly by thanking the city council for recognizing January as national mentoring month. Since 2017, the Leaport Slicer Champion program has operated with the belief that students experience greater success emotionally, academically, and socially when they have a mentor, advocate in their corner. We are grateful for this year coming into um 2026 that we still have a great community partnership with Leaport Community School Corporations. Uh while we are currently operating with out of seven different schools from grades kindergarten through 12th grade, um we have over 200 students currently in our program with over 150 mentors that are actively meeting with their students. Um, some of these mentors are actually present here tonight um that help serve in our mentoring uh program um in the city of Leaport such as Mayor Derdy, um Councilman Frankie, Councilwoman Keshnney, um clerk treasurer Courtney Paroon. We also have um Eric Nelson um as well as other city members um Emily Archinball, Jeff Bachelor, Chief Dragon

Meister, Chief Snider, um Keith Wagel, and Trisha Mets. And as you heard Amanda say, we have over 200 children that we're serving, but only 150 mentors. So, we're always looking for new mentors for our school-based mentoring program. If you're interested, you can find us at lpfamilyadvocates.com or on Facebook, family advocates. Give us a follow, give us a like. You can find our application right on the website. You can contact Amanda, Gina, or myself at any time. My email is khonlpcasa.com. Thank you.

Well, thank you. And I don't want to speak for the mentors here, but uh it really is a wonderful program. It's a great opportunity for those children in need. and uh I've appreciated it well before family advocates took over. But uh Amanda, Gina have been with the program uh for many many years, have done a wonderful job, and now uh Christy and Jackie adding in the entire team. So uh I would highly recommend having the opportunity to serve. It's an hour a week and that hour a week, you just be surprised what kind of difference you can make in a young person's life. So, uh, one of our mentors, uh, board president Frankie has a resolution he'd like to read tonight.

President Frankie.

Thank you, Mayor. And, uh, I've been part of this program, I believe, since it started, and it has it's been a great experience for myself. I'm on my second mentee. Uh but we've been together for five years now and it's I get a lot out of it as well. But uh he just really needs somebody consistently there that's there to listen and that's all we do every week is just talk and uh I've seen him improve in the last five years and you know it's a a great program. So, I would I would say you can go ahead and sign Councilman Buchanan up right now and u we'll get him started. But thanks for all your do. [laughter] Uh whereas the youth of Leaport County are our community's most valuable resource representing the future leadership, innovation, and community spirit of our region. And whereas research indicates that youth who have a consistent, caring adult mentor experience better academic outcomes, including improved grades, better school attendance, and higher rates of graduation from high school. And whereas mentoring relationships provide a critical foundation for personal growth, as mentored youth are less likely to engage in the use of elicit drugs and are more likely to refrain from negative behavioral issues. And whereas a mentor serves as a guide, an advocate, and a positive role model, helping young people navigate the challenges of adolescence and empowering them to reach their full potential. And whereas Family Advocates Incorporated is dedicated to facilitating these life-changing connections within the Leaport Community Schools and Michigan City area schools, ensuring that our students have the support they need to thrive. And whereas there remains a great need for dedicated volunteers in our community to step

forward and make a lasting impact on a young person's life. Now therefore, be it resolved that the city of Leaport Common Council does hereby proclaim January 2026 as National Mentoring Month. In the city of Leaport, Indiana, we encourage citizens who are 21 years of age or older to consider the profound impact they can make by becoming a mentor. Interested individuals are urged to contact Family Advocates at 219-324-3385 or visit www.lpfamilyadvocates.com to learn more about how they can change a life. End of proclamation.

Thank you. Could we have you come over and take a photo? And anybody else that mentors Mr. Nelson, if you could come forward. Council, please come forward. Ladies,

can you do it? Anybody [applause] that wants to consider mentoring, contact the ladies before they walk out. And ladies, you're welcome to leave. You don't have to stay for it's up to you. Standing committee reports. Council President Frankie

redevelopment commission met on December 17th. Uh the pinfusion land contract was approved to be extended one year and Burke Cook basically promised it'll be built by then. Uh Carer Blue was approved for a contract for general services in 2026 not to exceed $5,000. Garner Blue's a grant writing and uh consultation firm who's definitely earned every dollar within 2025. a promisary note for around 64,000 was made to the city 3 years ago uh on a 5-year deal that will be paid back in the amount of $13,492 uh by Parth Patel as the closing of Smoothie King has happened. Uh and I think there's already a new owner as of now. Um so there will be a new business there shortly. That's all I have. Councilwoman Huffman,

I have nothing to report this evening. Councilwoman Ficus, the

park board met on Wednesday, December 17th. Rhonda Ashcraft attended the meeting and was welcomed as the new civic auditorium director. She spoke a little bit about herself and is very excited to begin this leadership role. We wish her the best of luck and know that she's going to thrive in this position. Uh the board unanimously approved to renew Beachwood Pro Kyle Kashmir's contract for the 2026 season. Winterfest will be held the weekend of January 23rd through January 25th. Permission was granted for horses to be allowed in the park for carriage rides that are going to be offered during that time. Park board's next meeting will be Wednesday, January 21st, 4 p.m. at the park office. And then traffic commission will be meeting tomorrow, January 6th, 5:00 pm at the police station. Um, we would like to thank Rip Lello for his many years of service on the commission. He's stepping down after over 10 years. I actually texted him and asked him how long specifically and he couldn't remember. So, we just decided to say over 10 years. Um, but he's definitely going to be missed. So, thanks RIP for everything that you've done with traffic.

Councilman Galloway, police merit commission will meet uh Tuesday the 13th, 9:00 at the police station. Councilwoman West.

On December 16th, the board of public works accepted a resignation letter from former assistant fire chief Kelly Burke. Cap. Captain Zack Kaney will fill this role as a as a new assistant fire chief and will be sworn in tomorrow morning at the board of public works and safety meeting. Zach is an 18-year veteran and has held the title of captain for three years and has also served as training chief and a member of the dive team. The next fire merit commission meeting will be this Wednesday, January 7th at 6:30 at fire station number one on 18th Street. Commission appointments will be announced at the January 20th council meeting at 6 PM. The UEA uh met on December 17th. Um there was a strategic meeting held prior to that meeting. Action was taken on approving a new UEA logo. Updates um were given on digitizing files and the review of the 2026 budget um was shared with everyone. Uh the next UEA meeting will be held on Wednesday, January 21st at 4 pm in city chambers and also UEA board appointments will be announced at that meeting as well. Uh the bid board met on Monday, December 8th, and their next meeting will be Monday, January 12th at 5:00 pm in city chambers along and also bid board appointments will be announced on that January January 20th meeting council meeting.

Councilman Buchanan, nothing to report. Councilwoman Kesnney. Uh, the airport authority will have their next meeting next Wednesday, January 14th at 5:15 at the airport. Second and final reading of an ordinance. Council President Frankie. Your honor. I move to read an ordinance by title only for the second and final time. Second. Motion and a second. Discussion. All in favor? I opposed. Council President Frankie,

an ordinance to amend the zoning ordinance of the city of Leaport, Indiana, as enacted August 21st, 2017, which is a part of chapter 82 of the municipal code of the city of Leaport by amending the official zone map that are a part of the zoning ordinance in order to reszone two parcels of real estate in the city of Leaport. Attorney Otis,

I just wanted to to comment in response to M. Mr. Kowitz's comments and then is it Miss Antiche? Did I pronounce that correctly? Uh I know you were commenting on a different project, but um what the council is considering tonight is the um the reszone. And for Brierly, for example, they went through the plan commission for the reszone and then through the BZA for variances uh development standards variances. Uh before the council tonight is just the reszone, not the not the um development standards variances. And I think Miss Antichevsky was asking some questions about the BZA. The BCA makes final decisions and those are not reviewed by by this body uh just statutoily by in by Indiana law. So I respect that you disagree with what they the decision the BCA made this council doesn't review those decisions by by law. Uh and similarly Mr. Conowitz, just so you know, in in the meeting minutes uh of the BZA, um and this came up, I think, at the BZA meeting, Lenard did agree to buffering, and that is part of the the variance that was approved by the BCA. So,

maybe Nick, I think because of the topography that that buffering is going to look different throughout the development, but I um they did agree to that and the the BCA will make sure that that that happens. So that's not something for this body though to consider tonight. So I just wanted everybody to un if you come up to the

I understand what you're telling me. What about the condition of the singlestory homes? That's not that was not a condition of of the that the BCA approved. That is something obviously up to LAR. They're communicating with you guys and they don't have a say over one story or two story. They just are understand. Okay. I I I will say and they've been very responsive to the neighborhood. I'm not saying the neighborhood agrees with what they're doing, but we've worked on a lot of projects where that's not always the case. So, I hope that what they're they're going to follow through with what they're

what they're doing, what they said, what they met with me. Uh Bert's been phenomenal in this as well and and I I have to say that I I trust him 90%. You know, I'm just looking for that that final thing that I can get something in writing on a final plan. Thank you. Y Mr. Cook,

good evening to the uh city council. Bird Cook, executive director of the Leaport Economic Advancement Partnership. So, I think if my calculation is correct, we're going on six plus hours of kind of testimony and discussion on this uh on this particular project when you factor in the plan commission and the BCA which occurred in December. Obviously, had first reading uh at the council meeting as well. So, I think to be respectful of your time, um, we're not going to go through that entire presentation again, unless that's something that you would would like. Uh, attorney Bill Nelson is here, uh, as well, and and Bill can, uh, can take the mic and answer specific questions, obviously, more than happy to address any questions that you all have. If there's anything for me, we can we can discuss those. much of what was said during public comment were comments that came up um at the plan commission and at the board of zoning appeals and at your council meeting. And um I feel like most of that has been addressed at this point already. We may, you know, have to agree to disagree on on some of that and that's okay, but I do think we've addressed those. I did want to point out a couple things that were brought up that were new and I'm sorry I don't remember who who brought it up, but there was a question about um uh maybe it was attorney Ambers that brought it up, but a question about a culde-sac on the eastern border of the property. Uh there will be a culde-sac at that area. It's not shown on the plan. They've revised that plan numerous times based on feedback they've had from uh neighbors in the the different neighborhoods there.

That was Mr. Hill's number one concern.

Okay. So that that will show up on the next site plan. Um just to just so we're you're aware of that. That answers one question there. Uh you know, I'd have to disagree. The wetland delineation is incredibly important. I understand that. In my experience going on 20 years, you have to take these things in steps. Um all the different tests and studies that are going to be required to move this forward are costly and I know the developer wants to make sure they've got a project before they spend those dollars. So I'd have to disagree on that. All of the the feedback to this point has come in three major buckets. That's the product mix, right? And that's especially when we start to talk about density. Um the buffering, which I know is very very important to Tiffany Woods, uh to Brierly Villas and and Charmar Hills. And then the storm water management, which I think has been something that we've discussed um we're going on, you know, almost three months now. Many of you have sat in meetings with neighbors, have met with the developer, have had these discussions in the public meetings. And I think we've talked through many of those issues. I do agree that um been very very pleased with Lenar's response to questions. You know, as as Mr. Conowitz mentioned, unfortunately, they can't say yes to everything and sometimes what one neighbor wants may be different than what another neighbor wants, but they have been responsive uh and have made those, you know, the concessions where they could. I appreciate that. I know that takes a lot of effort. As I mentioned, they've refined that site plan numerous times in order to make those accommodations. There's a commitment there from that developer. Uh in doing so, can we continue to monitor, you know, the commitments that have been made. Uh I know Mr. Conowitz mentioned it, but the the uh singlestory houses in that area is something that's very important to him. Discuss that at length with Lenar. I think they understand that concern and they're going to try and make that happen as well as some of the other things that have been mentioned. I'll probably stop there. If you have questions for me, I'm happy to go over anything if you need it, but I don't

want to belabor a point either. So, um, comments for Mr. West or I'm sorry for comments by Miss West. Wow. No, I just appreciate you bringing up the culde-sac issue because I know that was a concern. So, thank you, Councilman Buchanan. Maybe this is for Mr. Mr. Nelson, but the there was a comment that there was only one entrance and exit, but there's a minimum of two at least planned three. Correct. For

Yeah. So, there's and that's been Councilman Galloway brought that question up as well. So, there's still We have to remember, right? We're still working through you're considering the zoning tonight and and there's going to be a number of other site um specific discussions that are going to have to occur in order for that site plan to move forward. That will be vetted. We've I've seen different iterations. Again, you know, Councilman Buchanan, it it falls into the category of some neighbors like the idea and others do not. So, they're going to have to work through that. But you're going to have multiple entrances and exits as we would in any other area of the city, any other subdivision. And those are going to, you know, Councilman Galloway asked about um fire protection and how that works. Of course, those public streets are going to have to follow all the same rules and requirements any other subdivision would. Craig Phillips planning if he has a comment as well before you ask your question if we could.

Sure. Because it may add it. So Mr. Phillips.

Sure. Thank you. Uh good evening. So I wanted to just address one um item of uh there was a comment made as part of the presentation by the petitioner a couple times during the process at the uh plan I believe believe it was at the plan commission level with regard to some of the agricultural uses that would otherwise be permitted on the property as it currently stands is being zoned currently being zoned R1B single family. There was a statement made with regard to um I believe it was specifically um commercial feed lots and um slaughter houses and confined feeding operations. Um so just wanted to kind of share with you that according to the zoning ordinance in the definitions section where it uh addresses agricultural specifically in the definition of agriculture it says this agricultural use does not include the operation of or maintenance of a commercial stockyard or feed lot otherwise known as a confined feeding operation. In addition to that, slaughter houses require a special exception in in the manufacturing zoning district. So, I just wanted to address those. I was asked to come up and just kind of address that issue. Um, and happy to answer any questions that you have with regard to that because that statement was made a couple times and it's caused some confusion, I believe. And so, just wanted to reference the zoning ordinance section that applies to that.

Mr. Galloway the marsh the northeast side of the property they said that they would not touch it and they would abide by any state laws or EPA laws is what they said it would go through IDM right site review correct yeah because I'm not fulfill filling in any of that stuff either so I'm not sure anybody is thank you Mr. I can speak on that a little bit. Um, please. So, I'm a 20-year state employee for those of you who don't know, and a major part, if you can move the mic.

A major part of what I do for a living, um, is commercial developments for the state. And I can assure you that there is a lot that goes into this. Lenar cannot just go into that property and say, "Hey, we're going to build houses." Um, I understand that an application, and all of this is very preliminary. Um, sorry there's like a lot that I'm just trying to put in a few sentences here. It will cost them tens of thousands of dollars to have these wetlands studied, um, delineated and any work that needs to be done. So, I can assure you IDMem will be heavily involved in this if there's any change or modification, deletion, addition to any of the wetlands. Um and then additionally once the process is actually started there are many agencies that go through this. It's not just the city of Leaport. It's not just LAR. It's not just item. It's not just INDOT. There's a lot of reviews. It takes a lot of time to make sure that we're putting back in what we're getting out of it. Um and then lastly, site plans evolve constantly. What we're seeing now may not be the end result. So, all I'm asking is that you maybe give a little grace. Um, I'm happy to answer any questions that you have from the the state perspective and um, you know, it's it's a lot more than than anybody knows. And thankfully, as a state employee, I I can speak on that, but it it's not just dumping houses and calling it a day.

Further comments? I I'll just add that I always thought the slaughter house example was uh a little little nonsensical, but we're here simply for zoning. And this property was for sale for at least two years that I was aware of. It may not have had a for sale sign, you know, prominently displayed, but it was pretty publicly known that they were trying to sell it and they didn't have any bites on it. Uh we're not here to control businesses and we certainly can't say business a you're going to take this and develop here. Um, it would be, I guess, somewhat easier if we could, but uh, I'm glad that we do not have that authority. And my commitment to you all is this. I'm I'm here. My contact info is on the city's website. I'm here to advocate for you and um, you know, make sure that this is done in a smart and respectful way. So, anything I can do to help, please reach out. No, sure. To

to me this came down to like the question of density uh as the as the neighbors are, you know, concerned about and I think rightfully so. Um this is part of the problem of not developing a a subdivision in 30 years is that we've seen the same thing uh for 30 years. and uh being on the planning commission and studying some of the housing studies and stuff and and having it a reoccurring theme that uh we need more affordable housing and the more affordable housing uh unless it's going to be subsidized of some sort which which I don't think the city is in a situation to do um the density is the way to do that and it's it's being done in other areas like uh Valparezo that that I've studied and driven buy and stuff. And uh it's being done successfully. They're they are selling. They're they're able to get the uh younger uh uh beginning buyer crowd in um to to a newer house. Uh so that helps answer the, you know, it's not just plopping in housing to, you know, just to create more wealth and tax property, you know, property tax and stuff. it it's to uh fill this void of that level of housing. And the other issue is it it would be fantastic to say, you know, it would be fantastic to say this has to stay a golf course. It'd be fantastic to say it has to be sold as a golf course. That's not going to happen. Uh it would be fantastic to say these have to be on twoacre lots, you know, huge houses, but that infrastructure that has to go in there is going to have to be subsidized by the city. this proposal uh which is to me a a excellent uh point to make is that the infrastructure is being paid for by the developer completely uh which is not

necessarily uh I mean it it it's kind of unheard of in in certain other parts of municipalities around us that there always seems to be some sort of uh subsidies happening. So the fact that the city doesn't have to pay for that, the the fact that it's filling a void helps answer the why is this density being created. So those are my two cents.

I think it's also important we haven't had any housing development in 30 years basically except for one. Every housing development we've brought has had push back. From yours to Timma Bakery where there's a destroyed plant that kids were crawling up and down and we had people coming in opposed to cleaning that up and putting affordable housing. So, don't let certain individuals tell you that they're not opposed to affordable housing when they fought that uh to higherend housing so people can move from their original build and move on up. What houses are there right now? So, every every opportunity that we've brought in front of you has come with push back. So, do we have a motion?

So, moved. Second. Further comments, discussion. All in favor? Opposed? Motion passes. Other business. Is there anything that's been tabled that you'd like to pull off being tabled? Julie, Julie, don't you have a couple? You have people that still wanted to No, I'm going to address that on the 20th. Um, which I kind of mentioned that those appointments will be taken care of then because we have a few things we're still trying to maneuver through. So, we'll keep that table. I saw your email. Okay. Yes.

I got a motion to adjurnn. Oh, before we do the basketball tournament, Leaport Invitational, the number one tournament in the nation, Civic Auditorium, Friday, Saturday, Sunday. Don't miss it. Do I have a motion to adjurnn? To adjourn. Second. All in favor? I opposed. Have a great night.