PLANNING COMMISSION MEETING July 16, 2007

Attendance: Debbie Brown, Dan Nance, Pat Rice, Dave Roby, Bill Savage, City Attorney Tom Beeman, and Planning Director Tom Doan.

Absent: Ward Sherman

Approval of past minutes: Ms. Brown motions to accept minutes from June 18, 2007 as written, Mr. Roby seconds, and all agree.

Old Business: Sheila Cooper North 9th Property- Mr. Beeman did not send Ms. Cooper a letter to appear at the meeting. Mr. Doan states that the Planning office did send a 10 day violation letter to clean up her property. He states that she has mowed but did not do anything with the trees or debris. Mr. Rice asks if any of the trees are on city right of way. Mr. Roby responds that they are all inside her fence. Mr. Roby states that they have been dealing with this property for eight years now. Ms. Brown asks Mr. Doan if she ever agreed to let the people come in that are willing to clean it up for free. Mr. Doan replies that Ms. Cooper keeps saying that she wants to see if it is going to sell. Mr. Rice states that the biggest problem is possible contamination. Mr. Savage states that they had a grant in October 2004 to begin phase 1 and Ms. Cooper refused to sign. Mr. Savage states that he spoke with Ms. Cooper’s attorney, Kurt DeVoe and he said that they would sign and never did. Mr. Roby feels that we need to deal with existing problems for now. Mr. Roby makes motion to send Ms. Cooper to court to fix these issues, Ms. Brown seconds, and all agree.

Revised Building Permits- Mr. Roby wants to table this until next meeting. Mr. Roby makes motion to table until next month, Ms. Brown seconds, and all agree.

New Business: Larry Shimmel (Light House Fellowship Church-Vacate alley between 27th & 28th Street & South K & South L. Mr. Shimmel approaches the board and states that they purchased this a year and half ago. He wants to put fence up and has already had it surveyed. He would like to put the fence in the center of the alley so that he can still maintain his property. Mr. Beeman asks which lots he owns. Mr. Shimmel replies that he owns 10-13. Mr. Beeman states that legally the owners of the adjacent lots at 4-7 will have to join the petition or be legally notified of a legal hearing to state there opinions because half would go to them. Mr. Beeman states that legally the Planning Commission cannot grant you relief until then. Mr. Roby wants the board to be aware that if it would be developed later, it would not leave much room at all. Mr. Shimmel states that the utility pole is on his property and that he has had it checked for gas lines already. Mr. Rice states that lots 15 & 16 & 1-7 will have to be notified. Mr. Shimmel asks who will maintain the area on the other side of the fence if he puts one up. Mr. Rice states that the city would have to. Mr. Doan makes Mr. Shimmel aware that if AEP has an easement there they will remove what is in there way to fix a future problem at your expense. Mr. Roby asks if the board can still vacate it. Mr. Beeman states that they can but AEP still has the right to move what they would need to. They discuss. Mr. Rice states for Mr. Shimmel to contact the owners and get them to sign and join the petition or send them a legal notice by mail to make them aware of the public meeting to voice their opinions.
Corey Poindexter- 2408 South F Street – Approval for re-plat of lots. Mr. Poindexter states that there are three lots with two housed on them. He states that he is in the process of getting a mortgage and needs this approved before an appraiser will look at the property. Each house has their own electric and gas meters. There are two separate water lines, but one is cut off at the time. They discuss the clean out routes for the sewage. Mr. Savage states that this property is across from Bob’s Novelty Shop. Mr. Roby asks if there is separate water and sewage available. Mr. Poindexter responds that it is available but is currently used off of one water line and is unsure about the sewer line. Mr. Doan states that they could re-connect the back house to the meter and test the sewers with dye to see if they are separate. They discuss. Mr. Doan makes the board aware that there are other places in town ran like this. Mr. Roby asks if Mr. Poindexter is keeping both houses or if he is renting one and living in the other. Mr. Poindexter responds that it will depend on the loan. Mr. Roby gives an example of potential problems that could occur if the sewer lines are not separate. Mr. Roby asks if he is willing to get them separated if they are not. Mr. Poindexter replies that he will if he goes to sell it. Mr. Beeman states that he likes the idea but the board should do it subject to proof of separate water and sewage. Mr. Doan suggests checking it with dye first. They discuss. Mr. Savage makes motion to approve the re-plat of the lots contingent upon sewage and water being separated with Mr. Doan’s approval, Ms. Brown seconds, and all agree. Mr. Poindexter asks if he can put a driveway to the street. Mr. Doan states that he can but not a fence.

Other: None

Adjournment: Mr. Nance makes motion to adjourn, Ms. Brown seconds, and all agree.

Meeting Adjourned.

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