The Lancaster Common Council had a number of items on their agenda, from making alterations to the subdivision ordinance, to getting updates on future street projects, to hearing about expected delays on getting both a new police officer and squad cars, but much of the time of the 2.25-hour meeting was dominated by the annual review of the job performance of the City Administrator, David Carlson.
Wrapping up his sixth year, the council spent more than an hour in closed session handling his evaluation then came back to open session and adjourned without future discussion on the administrator.
During the public comments section of the open meeting, a few people spoke about the administrator, voicing opposition and support for him.
Sally Rech was first to speak, wanting to talk about her and her husband’s dealings with Carlson when it came to the business they were running out of their home at the corner of Madison and Linden Streets.
“We felt unwelcome to continue our business,” Rech told the council.
The Rech family had been growing various plants at the home and elsewhere to sell. The issue that led them to have contact with the city administrator was the business grew to the point that materials and supplies were being stored openly outside the home, which put it beyond the scope of city ordinances for home-based businesses.
“Your business does not qualify as a home occupation because you are using the outside of your home for storage and distribution of materials not manufactured on the premises,” Carlson said in an email sent to Brad Rech on April 27, which Carlson sent to the newspaper prior to the council meeting. In the exchanges shared, Brad Rech notes that they had been running the business out of the home for a few years, and their belief was that because this was agriculturallyrelated, the exemptions for items grown allowed the business at a residence.
Carlson had stated it still did not allow for the entire operation.
“Being “any person selling agricultural products which such person has grown” exempts you from the requirements of Chapter 220,” Carlson stated later on April 27, 11 minutes after Rech replied to his first response. “It does not exempt you from the rest of the zoning code. It does exempt someone delivering ag products that they have grown, or a vendor on the square selling products they have grown.”
Residential zoning allows for home businesses to happen, but there are limitations, one of which is not allowing equipment or supplies to be stored outside.
Carlson issued a temporary use permit in May to allow the business to continue, but stated that the outer appearance should look like a residence, and also stated the temporary use permit, which is valid through Nov. 1, would not be renewed in the future.
Carlson then offered alternatives to make the business compliant, including floating the idea of creating a new zoning district for the city that could cover areas like Madison Street and would allow for greater flexibility to run larger businesses out of homes.
That idea was never moved forward to the Plan Commission.
The Rechs removed items not considered in compliance, and have subsequently moved to a new home and location, and put their home on Madison Street up for sale.
“We do not want to see other businesses treated the same,” Sally Rech told the council.
“We need to hold our City Administrator to a higher degree of professionalism,” said Lancaster Area Chamber of Commerce Director Heather Bontregor to the council. She noted that she has heard Carlson say that he does not need to to be liked, but wants to be respected in doing his job.
“Respect is earned,” Bontregor continued.
There was a crowd in the audience, many of them there after Rech asked them to come to the meeting via social media. “Most of these people are here because they think it’s important to show up,” Bontregor said.
But not everyone was there in support of the issue.
“I don’t share the same feelings as they do,” said electrician John Edge.
Edge worked with the city when it came to having a private organization take over the youth ball sports, coming out of cancellations when the COVID pandemic hit summer recreation, which has continued on with the organization actively working to renovate the concessions stand at the ball diamonds.
“As a growing business I dealt with my fair share of regulators,” Kyle Vesperman added . “ I t happen s, ” Vesperman said of dealing with regulations, noting he was not there in support of the statements about Carlson.
After the public comments period, the council then opened the floor to hear any thoughts about changing the subdivision ordinance to allow for more than four lots to be revised without kicking in the requirement to have detailed subdivision plans.
The change in the ordinance was in response to the revamping of a section of land near Memorial Park, where Todd and Shari Wolf purchased land that currently had 10 small lots platted, and they wished to change it to six.
Not making an ordinance change would mean delays in the development of the site, and it was shared last meeting that they wished to have concrete poured for the development before winter, which would be next to impossible if they would have had to create a full subdivision plan.
The change was approved.
Officer position likely will not be filled until next summer
The Lancaster Police Department has had to revise its schedule to deal with not being full strength after one of its officers left the department.
It looks like it will be dealing with this schedule for awhile, as Chief Deb Reukauf told the council she does not expect to have viable candidates for the position until after the next police academy graduation next summer.
“I have a feeling we won’t get anyone until the next academy,” Reukauf told the council. She said the position has been posted, but in the last round, they only received two applications. One candidate was not viable after a background check, and the other candidate is currently going through the academy, so would not be available until graduation.
While the department waits officer candidates, Reukauf is also waiting for the order period to open for new squads, needing to replace vehicles.
The ordering period has been delayed as auto manufacturers continue to see delays with getting production up to speed.
The council was also given a brief history of the city’s tax-incremental finance districts.
TIDs, as they are often called, are a way that
History of TIDs
municipalities can pay for the purchase and/or development of land in the city, or rehabilitation by using the added value (or increment) of the property after the work has been done.
District are set up, with a committee created that has representation of the different taxing districts that collect property taxes. The district then segregates the property taxes of everything in the district. Everything is taxed normally, but all of the taxes generated by the increased value of the developed locations goes towards paying the financing of the work and purchases of the district and land.
As an example, the Arrow Ridge Business Park was crop ground. All of the taxing districts are continuing to receive property taxes on the private ground as if it was still crop ground, with the taxes for the buildings going to pay for the bonds that were issued to pay for the purchase of the land, and the development of the street and installation of utilities.
When the bonds are paid off, or when the district is closed after so many years, all of the property will have its property taxes paid to the taxing districts like all other properties.
Lancaster has had seven TIDs in its history, with the first being in 1982, and the next in 1986.
Both of those have closed, and it currently has five active districts, with two more planned.
TID 3 is Arrow Ridge, which was developed in the mid 2000s. It was deemed a ‘distressed TID,’ which meant its income was not meeting requirements to cover the bonds before the TID is expected to end.
If the TID does not pay off the bonds before it is closed, the city needs to take on the remaining debt.
It was asked why TID 3 was distressed, and the answer was timing - it came online right before the 2008 economic collapse. Started with an EDA grant and the announcement Woolwich was going to the city, Arrow Ridge was developed.
Its second occupant was WE Energies, which as a utility does not pay property taxes, but does pay fees in leu of taxes.
Other occupants slowly came in, with Hurst Logistics now allowing the development to be projected to be positive to pay off all bonds.
Before that, however, when it was declared a distressed TID, it meant the city could link it with another TIF District, so that the increment paid to the other district could be utilized. This happened with TID 4, which is along W. Alone Lane.
TID 5 is the Sunrise Valley redevelopment, which is a different type of TID. This one is a ‘paygo’ district, where the increment is paid out to the developer for the costs of the development.
TID 6 is similar, and was used as part of the Sleep Inn project.
TID 7 is on the northern p a r t o f the ci t y, and encompasses Premier Coop.
Carlson explained that TID 8 will be taking lots from Arrow Ridge, and separating them for the apartment complex slated to be built.
TID 9, which has been in the works for years, is a downtown district which is meant to be another ‘paygo’ district, giving property owners funds back for the renovation of their upper floors for more apartments. The plan is to include the former Welcome Inn apartments in the district as well.