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VILLAGE OF RIVERLEA
REGULAR COUNCIL MEETING
July 10, 2006

THE MAYOR CALLED FOR A SPECIAL MEETING OF COUNCIL TO DISCUSS AND/OR ACT UPON STREET FRONTAGE REQUIREMENTS FOR SUBDIVISION OF LOTS AND CONSTRUCTION OF NEW RESIDENCES IN THE VILLAGE INCLUDING THE POSSIBLE AMENDMENT OR REPEAL OF RIVERLEA ZONING CODE PROVISIONS ADOPTED IN ORDINANCE NO. 02-06, AN ORDINANCE TO ESTABLISH MINIMUM FRONTAGE REQUIREMENTS FOR BUILDING LOTS WITHIN THE VILLAGE.

THE COUNCIL OF THE VILLAGE OF RIVERLEA MET ON THE ABOVE DATE AT 229 WEST SOUTHINGTON AVENUE. THE FOLLOWING COUNCIL MEMBERS WERE PRESENT: MARY JO CUSACK, MAYOR; PAMELA M. COLWELL; SCOTT K. GORDON; JOHN A. SCHAER; RENEE SHANNON; RODNEY TETTENHORST AND PAUL J. ZENISEK. ALSO PRESENT WERE STEVEN W. MERSHON, SOLICITOR, AND DAN E. OWENS, CLERK-TREASURER. GUESTS OF COUNCIL INCLUDED THOSE NAMED ON THE ATTACHED LIST. THE MAYOR CALLED THE SPECIAL MEETING TO ORDER AT 6:35 P.M.

THE MAYOR GAVE A SHORT SUMMARY OF STREET FRONTAGE REQUIREMENTS, DEFINITION OF BUILDABLE LOTS, PROTECTING PROPERTY RIGHTS AND MAINTAINING THE VILLAGE AS A DESIRABLE PLACE TO LIVE. SHE THEN OPENED THE DISCUSSION TO THOSE IN ATTENDANCE, WITH A LIMIT OF FIVE MINUTES PER PERSON.

COMMENTS FROM RESIDENTS ON AGENDA ITEM

RESIDENTS EXPRESSED THEIR OBJECTIONS TO ORDINANCE NO. 02-06. THE FOLLOWING WERE THEIR MAJOR POINTS: LACK OF NOTICE AND DUE PROCESS, LOSS OF BUILDABLE LOTS AND PROPERTY RIGHTS, NO JUST COMPENSATION, SUSPENSION OF THIRD READING, OPEN TO INTERPRETATION BY SUCCEEDING COUNCILS, IMPACT ON CORNER LOTS, LOSS OF VALUE OF INVESTMENT AND/OR MORTGAGE EVALUATION AND LACK OF COMPENSATION FOR GREEN SPACE.

COMMENTS AND ACTION BY COUNCIL ON AGENDA ITEM

COUNCIL MEMBERS EXPRESSED CONCERN THAT PROPERTY RIGHTS MAY HAVE BEEN ABRIDGED AND THAT IT WAS A MISTAKE TO WAVE THE THIRD READING OF ORDINANCE NO. 02-06. COUNCIL APPRECIATED AND ENCOURAGED RESIDENT PARTICIPATION IN VILLAGE AFFAIRS.

THE SOLICITOR, PREVIOUS TO THIS MEETING, HAD PREPARED AND DISTRIBUTED FOUR DRAFT ORDINANCES FOR COUNCIL TO CONSIDER. HE EXPRESSED AN OPINION THAT ORDINANCE NO. 02-06 WOULD NOT PROHIBIT THE BUILDING ON ANY ORIGINALLY PLATTED LOT.

03-06

GORDON INTRODUCED ORDINANCE NO. 03-06, AN ORDINANCE TO REPEAL MINIMUM FRONTAGE REQUIREMENTS FOR BUILDING LOTS WITHIN THE VILLAGE.

CONCERN WAS EXPRESSED THAT SMALL HOMES WOULD BE SQUEEZED BETWEEN TWO EXISTING HOMES OR THAT ONE HOME WOULD BE REPLACED BY TWO.

REGRET WAS EXPRESSED THAT RESIDENTS WERE UPSET BY COUNCIL'S ACTION. COUNCIL THANKED THOSE IN ATTENDANCE FOR THEIR COMMENTS AND AGAIN ENCOURAGED RESIDENT PARTICIPATION IN VILLAGE AFFAIRS.

SCHAER MOVED AND TETTENHORST SECONDED A MOTION TO SUSPEND THE THREE READINGS OF ORDINANCE NO. 03-06. THE FOLLOWING VOTE WAS RECORDED ON THE MOTION: YEA, 6; COLWELL, GORDON, SCHAER, SHANNON, TETTENHORST AND ZENISEK: NAY, NONE. THE MOTION CARRIED 6-0. GORDON MOVED AND TETTENHORST SECONDED A MOTION TO ADOPT ORDINANCE NO. 03-06. THE FOLLOWING VOTE WAS RECORDED ON THE MOTION: YEA, 6; COLWELL, GORDON, SCHAER, SHANNON, TETTENHORST AND ZENISEK: NAY, NONE. THE MOTION CARRIED 6-0.

ADJOURNMENT

THE MAYOR ADJOURNED THE MEETING AT 7:40 P.M.

MARY JO CUSACK, MAYOR

DAN E. OWENS, CLERK OF COUNCIL

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