Howard Lake-Waverly Herald, Dec. 20, 1999

Tie vote postpones Waverly annexation

By Andrea Vargo

Annexation of the 44.7 acres owned by Thomas Ryan was tabled until Tuesday, Jan. 11, due to a tie vote at the Waverly City Council meeting Tuesday.

Mayor Charles Bush and Council Member Dave Fournier voted for the annexation, while Council Members Jerry McRaith and Pam Henry-Neaton voted against it.

Several citizens argued against the annexation on a personal level. They don't like Ryan or how he does business, they said.

The same people said they feel that Ryan is trying to take some of their land, even though a survey has not yet been done, according to what the city staff knows.

Property line disputes have nothing to do with the annexation, said Bush. If the legal description is wrong, the annexation is void, he said.

What Ryan will do with the property after it is annexed was another concern.

Bush assured the citizens that before Ryan can do anything, he has to submit a development plan that goes through planning and zoning and the council.

"The city needs the development, but it is not going to give up the farm just to get the land," said Bush.

Ryan may have sewer and water for his parcel eventually, but it will probably be at his expense, Bush explained. That would all be part of the development agreement, he said.

The city will get the taxes off that property, and when it is platted, it will be taxed at a higher rate, said Fournier. This will benefit the whole city, he said.

Woodland Township Treasurer Gene Janikula, expressed concern about the road the township put through the Carrigan Shores development.

That road was graveled by the township to benefit the two families living there, he said.

But it was his understanding when the development was originally planned by Ryan, that it would be annexed into the city with sewer and water available.

That never happened, said Janikula.

The township was also promised a park area, and that never happened either, he told the council.

The proposed park land is right next to the city's wastewater treatment plant, he said.

If Woodland Township has an agreement on paper with Ryan, it needs to look at that and deal with Ryan, said Bush.

This is the first time the city has heard any of these statements, and the council said it felt that it should have been notified in writing of any of the township's concerns before the meeting.

Janikula said he thought the only reason Ryan wants to annex the 44 acres is so he can more easily annex Carrigan Shores.

The township would like to be reimbursed by Waverly for the road work it has done for Carrigan Shores, if it is annexed in the future, said Janikula

"I'm bothered by the conjecture of what the owner plans to do. If it were me, I would be very upset that people would put words into my mouth," Bush told the assembly.

All the concerns of the citizens resulted in a tie vote. The council did vote to address the issue at its next regular meeting Tuesday, Jan. 11.

In addition to the issues brought up by citizens, one couple misread the documents sent to them as adjoining landowners and thought they also were being annexed.

Bush assured them no other land is involved in the annexation.

Planning and zoning

Adrian Duske, planning and zoning commissioner, told the council that he has asked property owners to remove lamp posts and signs that are in the city's right-of-way.

The city attorney, Tim Young, told City Clerk Deb Ryks that the city has dominion over city public right-of-way.

He told her that it would be beneficial for the city to formally adopt a policy prohibiting improvements in that right-of-way.

The city will send a letter to the property owners, telling them to remove posts and signs from city right-of-way.

The only exceptions to this rule are postal boxes, said Duske.

"Postal boxes are the only thing citizens have to pay for and maintain, that don't belong to them," he said.

Duske's report also included information on the plans of Cal Varner and Steve LaPlant to construct a 10,000 square foot building on a parcel of commercial property adjacent to Summerfields housing addition.

The building will consist of a convenience store, car wash, and laundromat. Varner will be a tenant in the building as owner of the laundromat, said Duske.

The property is zoned B2 highway business and the use is a permitted use.

The state will not allow access from Highway 12, so the plan is to utilize the right turn lane on the new highway to Summerfield Drive as access.

The construction will not take place until after the Highway 12 project through the city takes place in 2000.

The planning and zoning commissioners rewrote the ordinance that created it. The new version more clearly defines duties and responsibilities (showing up for at least 75 percent of the meetings) of the commissioners.

For the first time, commissioners will receive some compensation for attending meetings. The amount will be established by the council.

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