Mayor Bonner's Statement on C-4 Zone

Dodge Recuses Himself from C-4 Discussion and Vote 

by Robin M Johnson

Councilman Karl Dodge owns one of the six parcels up for discussion before the city council as part of the proposed 20 acre C-4 zone in Midway City. Dodge’s piece is an approximately six acre parcel fronting Main Street at about 500 East. According to state code any member of a legislative body who has a conflict of interest is required to publicly state the conflict and withdraw from all discussion and decisions regarding the matter.

Following is Dodge’s statement made at a public hearing held May 17. Dodge said, “I have owned a piece of property that is now being considered for rezoning for the last 23 years. The property has been for sale for a long time. It is currently under contract so that, assuming that the contract goes through, I will not own it, but my wife and I still have title to that contract.

"I have been very careful not to speak out publicly either for or against this zone so I could not be accused of impropriety ... I think I am the only person in this city who can’t weigh in on this proposal." 

“So I have a conflict of interest, I have stated this conflict publicly in several other meetings in the past. I will recuse myself, from not only the vote, but all of the public comments. I have been very careful not to speak out publicly either for or against this zone so I could not be accused of impropriety. Despite that I have received several letters and emails that I would call hateful, calling me corrupt because I own property that I am trying to sell.

“I hope that the discourse today can be civil. I hope that all sides can be considered, I still have not made any public or even private comments about this zone. I have not lobbied my fellow council members or the mayor; I have left it completely alone. In fact I think I am the only person in this city who can’t weigh in on this proposal. So I wanted to make that public announcement again, and I am going to recuse myself and leave.”

As Dodge made his exit Mayor Colleen Bonner said, “Thank you Karl, appreciate your comments and your integrity.”

Bonner then made a statement regarding C-4 prior to opening the floor for public comment. Bonner said, “First of all I want to thank you all for being here tonight. I’d also like to thank Michael, our city planner, for the many hours that he has put into this proposal and the hours he has spent answering many of your questions. I’d also like to thank the planning commission for their many hours as well.

“It has been a journey getting to where we are tonight. It started a few years ago when storage units were proposed and approved next to the Filler Up Coffee Station. That approval never came to fruition and we asked the planner and the city planning commission to review the uses allowed in the C-2 zone to see if we needed to refine these uses that are allowed.

“Before the planning commission and the city council were able to refine the uses in the C-2 zone, large scale storage unit projects were proposed on two of the larger pieces of land located in the area of the proposed C-4 zone. After recommendations from the planning commission and three attempts by the city council, storage units were removed from the code. This prompted the council to look at the allowed uses in our commercial zones.

“About this same time the city was taking on the task of reviewing our general plan. We are required to do this every five years. In January of 2016, committees that included members of the planning commission, city council, city staff, and the general public were formed for each chapter of the general plan. After much discussion, many meetings, public comment, an open house, and a public hearing, the new general plan was adopted in January of 2017. That took us a year.

“We use the general plan as a general guide to help manage the growth and development of our city. On page 25, under the section Economic Development, it states: ‘Economic Development is the carrying out of activities that encourage economic growth within the community and infuse new capital from outside the city to improve the lifestyle of the local citizens. In order to keep pace with the projected growth of Midway and the immigration of people due to new residential development, economic development becomes a critical element of the city governance. A fiscally responsible community must provide economic opportunities that encourage retail and business service expansion, job growth, and associated retail and service development.’

Bonner said, “In keeping with Midway’s general rural vision, the focus on expanding retail opportunities including a walkable complex of mixed retail, arts, entertainment, and recreational enterprises that encourage tourism is an appropriate goal.

“On page 58, in the introduction of the Main Street section it states, ‘Main Street is the economic, architectural, and historic heart of the community. The most powerful and lasting image associated with Midway is Main Street. This commercial core should be developed as a distinctive shopping and business area, emphasizing it as an attractive meeting place and staging area for festivals, special events, celebrations, and a variety of community activities which will provide a vibrant and healthy community centerpiece.’

 Bonner said, “One of our greatest challenges as your representatives is to make decisions that will allow us to manage that is coming to Midway. For this reason, we looked at the different proposals that have come before us over the years in the location of this proposed new zone. We asked the question, what would be a good fit for this ground.

“A majority of this property is already zoned C-2, but we felt like maybe we could do something better for this valuable piece of Midway. Again, we asked the city planner and the planning commission to take on this task. Tonight the city council will be hearing the full presentation that has come with a recommendation from the planning commission for the first time. The planning commission recommended after three months of work and four meetings which included public discussion and comment.

“Please remember the planning commission is a recommending body of Midway citizens who volunteer their time, and work diligently, to make well thought through recommendations, but the city council ultimately makes the final decisions. It is important tonight that we listen, hear, and understand your concerns, as well as you listen, hear, and understand the concerns of those who represent you.”

Following Bonner’s statement Michael Henke, city planner, described the six parcels of property being recommended for inclusion in the C-4 zone and presented the proposed code text as written when the planning commission forwarded it to the city council for their consideration. This information can be found in previous articles posted on this blog. 

Some public comment can also be found in previous posts. More comments will follow later today, grouped by specific concerns. 

Tonight the city council will begin working on C-4 related matters in a Work Meeting beginning at 5:00 pm in city council chambers at the Midway Community Center.