Meeting Minutes HIGHLAND PLAN COMMISSION Minutes of the Meeting of January 17, 2007 The Highland Plan Commission met in regular session on December 20, 2006 in the meeting room of the Municipal Building, 3333 Ridge Road, Highland, Indiana. The meeting opened at 7:00 P.M. with the Pledge of Allegiance led by Commissioner Mayer. ROLL CALL: Present on roll call: Commissioners David Jones, Joseph Wszolek, Robert Helmer, Judith Mayer, Tom Agler, and Daniel Buksa. Also present: Attorney David Westland, Plan Commission Attorney; Ken Mika, Building Commissioner; John Phipps, Plan Commission Engineer; and Barbara Knight, Recording Secretary. ELECTION OF OFFICERS: The first order of business to come before the Board was the election of officers for the year 2007. Commissioner Jones moved to nominate the following slate of officers for the year 2007: Commissioner Buksa, Chairman; Commissioner Mayer, Vice Chairman; and Commissioner Agler, Secretary. Motion seconded by Commissioner Helmer. Commissioner Agler moved to close nomination, seconded by Commissioner Helmer and unanimously carried by roll call vote 6-0. Roll call vote was then called to accept the nomination as presented by Commissioner Jones and unanimously carried 6-0. APPOINTMENTS: Commissioner Buksa indicated that the Plan Commission received communication for the Law firm of Tauber, Westland and Jasaitis which indicated their interest in being reappointed as Plan Commission Attorney for the calendar year 2007 with Attorney Westland attending the meetings. Commissioner Jones moved to accept the letter for appointing Attorney Westland as Attorney for the Plan Commission, motion seconded by Commissioner Wszolek and unanimously carried by roll call vote 6-0. Commissioner Wszolek indicated that he had received a letter from Nies Engineering indicating their interest in being reappointed to represent the Plan Commission as the Engineer with Mr. Phipps attending the meetings. Commissioner Agler moved to reappoint Nies Engineering, motion seconded by Commissioner Jones and unanimously carried by roll call vote 6-0. Commissioner Mayer moved to reappoint Barbara Knight as the Plan Commission Recording Secretary, motion seconded by Commissioner Agler and unanimously carried by roll call vote 6-0. MINUTES: Commissioner Buksa asked if there being no deletions, additions or corrections to the minutes of the December 20th 2006 meeting. Hearing none they were approved as posted. ANNOUNCEMENTS: Commissioner Buksa announced that the next Plan Commissioner Study Session will be held on February 7, 2007 at 6:30 P.M. The next business meeting will be held on February 21, 2007 at 7:00 P.M. COMMUNICATION: None. OLD BUSINESS: Docket #2006-07, Martin & Mary Ann Maloney, 2229 – 41st Street. Approval of the Findings of Fact for primary subdivision approval and also secondary subdivision approval for a one lot subdivision to be located at 2241 41st Street Commissioner Buksa asked for a motion on the Findings of Fact. Commissioner Wszolek moved to accept the Finding of Fact for primary subdivision approval as submitted, motion seconded by Commissioner Jones and unanimously carried by roll call vote 6-0. Commissioner Buksa asked Mr. Mika if he had any comment regarding secondary subdivision approval. Mr. Mika indicated that the Petitioner submitted a plat showing the sidewalk on the 41st Street side being moved to allow for approximately 5 feet of green space between the sidewalk and the curb as was requested by the Plan Commission as a condition of secondary approval. Mr. Phipps stated that he was satisfied with what was being shown. There being no further comments, Commissioner Wszolek moved to grant secondary approval, motion seconded by Commissioner Jones and unanimously carried by roll call vote. The Mylar’s were signed after the adjournment of the meeting and returned to the petitioner to have recorded. Docket #2006-08, Keric Builders, LLC P. O. Box 107, Schererville, IN. Approval of the Findings of Fact for primary subdivision approval and also secondary subdivision approval for a one lot subdivision to be located at 2607 Hart Road. Commissioner Wszolek moved to accept the Finding of Fact for primary subdivision approval as submitted, motion seconded by Commissioner Helmer and unanimously carried by roll call vote 6-0. There being no questions or comments in regard to granting secondary approval Commissioner Wszolek moved to grant secondary approval, motion seconded by Commissioner Jones and unanimously carried by roll call vote 6-0 The Mylar’s were signed after the adjournment of the meeting and returned to the petitioner to have recorded. NEW BUSINESS: Resolution No. 2007-01, A Resolution Amending Seberger Farms P.U.D. Declaration of Covenant, Conditions and Restrictions for Seberger Farms, LLC and Adopting Additional Changes and Conditions to the Subdivision. Attorney Mears, representing Seberger Farms, LLC explained the amendments to the Covenants as follows: 1. Article 8, Section 8.6(a) “All dwellings shall have One Hundred Percent (100%) masonry or masonry veneer on all street facing sides, with the exception to Villa Lots 1, 14, 15, & 28, which shall be exempted from said requirement and shall only have masonry veneer on the front street facing side (street address frontage).” 2. The developer agrees that on Lots 14 & 15 the Developer shall affix architectural shutters on all of the windows facing Hook Street, as well as One (1) minimum four Foot (4’) tall shrub for every Five Feet (5) of open space along the wall and One (1) low growth shrub under each window. A landscape border shall be installed with ground cover mulch. 3. The developer agrees that on Lots 1 & 28 the Developer shall affix architectural shutters on all of the windows facing Kennedy Avenue, as well as One (1) minimum four Foot (4’) tall shrub for every Five Feet (5) of open space along the wall and One (1) low growth shrub under each window. A landscape border shall be installed with ground cover mulch. There being no questions or comments from the members of the Board, Commissioner Buksa asked for a motion. Commissioner Jones moved to approve Resolution #2007-01, motion seconded by Commissioner Wszolek and carried by a 4-2 roll call vote with Commissioner Agler and Buksa voting nay. PUBLIC HEARINGS: BUSINESS FROM THE FLOOR: Mr. Joe Bartok stated that he was disappointed with the Plan Commissions action on accepting the Resolution presented by Seberger Farms. He felt that if a property owner was caught constructing something that was not per code he would be made to remove it and rebuild it to follow what was required by Code. So the same should apply to developers. ADJOURNMENT: There being no further business to come before the Board, Commissioner Agler moved to adjourn, motion seconded by Commissioner Mayer and unanimously carried by voice vote 6-0. Meeting adjourned at 7:17 P.M. [BACK]