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HomeMy Public PortalAbout10-07-2002I5- PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA, MONDAY, OCTOBER 7, 2002 The Common Council of the City of Richmond, Indiana met in regular session at 7:30 p.m., Monday, October 7, 2002, in the Council Chambers in said City. President Bruce Wissel presided with the following Councilmembers present: Howard "Jack" Elstro, Etta J. Lundy, Karl Sharp, Bing Welch, Larry Parker, Paul Combs, Phil Dickman and Sarah "Sally" Hutton. The following business was conducted: PLEDGE OF ALLEGIANCE PRAYER BY PASTOR BRIAN SINCLAIR OF THE RELIANCE BIBLE CHURCH ROLL CALL Nine present. APPROVAL OF MINUTES Minutes of the September 16, 2002 meeting and the special meeting of September 26, 2002, were approved on a motion by Councilmember Welch, second by Councilmember Sharp and the motion was carried on a voice vote PRESENTATIONS, MEMORIALS, REMONSTRANCES, PETITIONS AND INTRODUCTIONS MOTIONS OR RESOLUTIONS. (MUST BE IN WRITING) COMMUNICATION FROM THE MAYOR Mayor Shelley Miller introduced Bob Tyler, the new director of the Sanitary District, to the Councilmembers. She invited them to call him with their questions and to feel free to talk with him. Councilmember Combs questioned Mayor Shelley Miller about the substantial increase in the sewer rates that he had read about and the Mayor responded, saying that before she could answer that she would like to know what facts he could provide for that rate increase. She continued, saying that the administration had not been able to establish a rate nor even project a rate because of all the drastic changes at the state level. The Mayor asked him if he was referring to the information in the Palladium -Item, and he answered that he was. She continued, saying that the information in the article and the rate were based on some assumptions which would include that if the state were under the current evaluation and assessment. She said it is a fact that that is not the case because by court order the assessment value has been changed to a fair market value and nobody knows how that will affect the assessed value of the community. She said they are still working in the County Assessor's office to implement the software so they can determine the assessed value of individual properties. She added that she did not anticipate getting a certified assessed value for this community in February as in the past. She said it would be many months into 2003 before a rate can be determined. Some of the projects, she said, that would be addressed the remainder of this year and into next year include South 6`h Street and South Q, South West 15 St. and West Main, Holsapple Road, Straightline and Smith Lane, Sheridan underpass, Sim Hodgin Parkway, Abington and South West E, Kinsey and N.W. 3rd Street, South G and South 14'h Street. She said those are just the projects regarding the storm water. The first step in determining the rates would be for the properties to be assessed on the new method as determined by the state's statutory method. She said the County Assessors are working very closely with the state on that. She added that Wayne County is very fortunate in that it is well ahead the majority of counties in the state in working through this new process. She said she would also qualify her remarks that she has made tonight by reminding Councihnembers that another legislative session is coming up which can bring about more changes. Councilmember Sharp said he had attended an IACT seminar on tax restructuring in Seymour and came back more confused than ever. He said it isn't just Wayne County where this exists, but in every county in the state. He said those of us in Wayne County may get a delayed tax bill because of the whole program. He said he would urge Councilmember Combs, again, to do some more homework before bringing it up here. REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY President Wissel said the minutes of the meeting of September 5 and 13, 2002 were in their packets. Common Council Minutes Cont'd October 7, 2002 Page 2 REPORTS FROM DEPARTMENT HEADS City Engineer Bob Wiwi gave an update on the projects which included the engineering, airport and Roseview Transit. Those in engineering included the street enhancement on Main Street from 5`h to South 1st; wayfinding signage; beginning of construction of Industries Road from U.S. 27 to Middlefork Reservoir; completion of the design of the Main Street Bridge; final phase of rehabilitation of the Parking Garage; rehabilitating Bridge Avenue; construction of new street, curbs, sidewalks, storm and sanitary sewers for Robert Faus subdivision (Habitat for Humanity on South O); South L Street railroad crossing; GIS storm sewer inventory; and assisting with engineering at Midwest Industrial Park. Projects at the airport included completing the interior renovation of the Administration Building; installing a Weather Reporting Observation System; updating the Airport Capital Master Plan; and the balloon festival held in August 2002. The one main project of Roseview Transit is the review of the enhancement of the night route for the bus and paratransit service. In answer to a question posed by Councilmember Parker, Wiwi explained the work currently being done jointly funded by the City and 80 percent federally funded DOT, install new sidewalks, street lights, crosswalks continuing the theme established in the uptown area, planting of trees and shrubs. Councilmember Elstro asked about the completion date of the work on South L Street and Wiwi answered that the goal is to get that completed before Thanksgiving. Councilmember Sharp asked about the overpass over Main Street and Wiwi said that is a project that has been identified in the redevelopment overall plan. He said right of way has to be obtained from CSX Railroad before anything can be done. Councilmember Dickman asked for a brief description of the new bridge and Wiwi said it will be a two lane bridge with a 10-foot sidewalk on one side and a six-foot sidewalk on the other and the decorative lighting will match the other in the uptown area. He said plans are to incorporate some of the features from the old bridge that was torn down and there will be three arches instead of the five the old one had. He added that it would have some appearances of the old structure. Police Chief Greg Pipes gave some updates on the projects taking place within the Police Department, commenting earlier this year he was notified that the Richmond Police Department is one of two in the state receiving a grant to hire three additional officers. He said that allows for the assignment of officers to the middle s chools. H e said in Ja nuary o f t his year a full t ime C ommunity P olicing o ffice was o pened which is staffed by Lt. Paul Phillips and Diane Whitehead, the neighborhood resource coordinator. He said from January to October of this year they have attended 126 neighborhood meetings and have conducted neighborhood related Crime Watch presentations. He also mentioned several other activities in which they participated. Chief Pipes said the department conducted its 8 h Citizens Police Academy this year with 20 graduates from that class 28 people are currently going through the 9ffi Academy. He said there are five individuals currently going through the VIP training (Volunteer In Policing) and at this time there are 24 VIPs who have been trained by members of the department to do other duties within the department. The p artnership o f t he d epartment a nd t he B oys S couts o f A merica, C hief P ipes s aid, h as r esulted i n a Police Explorers program for area youth from 14 to 21 years of age. He said Lt. Phillips is in charge of the program along with other officers who have volunteered their time. He added that this program will hopefully become a recruiting tool and some of the young men and women could become members of the Police Department. He said the racial profiling training was completed in July for the entire department at IU East, adding that the emergency vehicle operations course for all officers of the department would be completed by the end of 2002. Chief Pipes said the department had been recommended for re -accreditation and would be sending representatives to Portland, Oregon to appear before the Commission and also to accept the certification. He stated that the Drug Task Force had been working very hard to rid neighborhoods of drug dealers, stating that so far this year those efforts had resulted in 112 arrests on drug -related charges, seized three vehicles, 10 guns and $26,142.32 in cash. Total drugs seized, he said, are 54 grams of crack cocaine, 2,497 grams of marijuana, .12 grams of heroin, 4 grams of methamphetamine and 699 assorted pills. He said the detective division had investigated numerous home burglaries since the beginning of the year and on September 12 the department along with the Wayne County Sheriff's Department recovered thousands upon thousands of dollars in stolen property. The promotion process which takes place every two years, he said, has 16 candidates for the position of investigator, 19 for the rank of sergeant, four for the rank of sergeant and four for the rank of captain. Councilmember Combs commented that Chief Pipes had given him extensive information about some of the questions he has raised in the past about the confiscation of drugs and money as well as the turning off of in -car cameras. REPORTS FROM STANDING COMMITTEES 17 Common Council Minutes Cont'd October 7, 2002 Page 3 REPORTS FROM SPECIAL COMMITTEES REPORTS FROM ORGANIZATIONS MISCELLANEOUS BUSINESS President Wissel said that at the last meeting it was announced that Will Misner had expressed his willingness to be re -appointed to the Street Tree Commission. There being no other nominations, Councilmember Welch moved to nominate Misner, second by Councilmember Dickman and the motion was carried on a voice vote. ORDINANCES ON FIRST READING Councilmember Elstro moved to suspend the rules and read Ordinance No. 78, 79, 80, 81, 82 and 83 - 2002 by title only, second by Councilmember Welch and the motion was carried on a voice vote. ORDINANCE NO. 78 — 2002 The Clerk read Ordinance No. 78 — 2002 — A SPECIAL ORDINANCE AUTHORIZING THE CITY OF RICHMOND TO RECEIVE A DONATION President Wissel explained that this ordinance deals with a request to receive $500 from First Bank to assist with the expenses for the Richmond Police Department's SWAT team. He said this would come back to Council on second reading at its next meeting. ORDINANCE NO. 79 — 2002 , The Clerk read Ordinance No. 79 — 2002 — A SPECIAL ORDINANCE AUTHORIZING THE APPROVAL OF A STATEMENT OF BENEFITS FORA PROPERTY OWNER APPLYING FOR DEDUCTIONS UNDER IC. 6-1.1-12.1 Explaining this ordinance was Councilmember Sharp who said it is a request for a tax abatement by Holland Colors of America who want to add $1 million worth of machinery. He said this would be referred to the Tax Abatement Committee and would be handled by President Wissel when it comes back before Council. ORDINANCE NO. 80 — 2002 The Clerk read Ordinance No. 80 — 2002 — A GENERAL ORDINANCE AMENDING SECTIONS 74.27 OF RICHMOND CODE Explaining this ordinance was Assistant City Attorney Steve Rabe who said this ordinance would amend Section 74.27 which currently prohibits the parking of unlicensed vehicles on public property within the City. However, he said, there had been a request by Councilmembers to address the issue of junk vehicles located on private property. He said if a vehicle is located on private property continuously and is mechanically inoperable and if it is there for a period of 23 days state law allows the City to tag it and have it towed. However, it only addresses "mechanically inoperable" vehicles under state law, not merely a vehicle that is not licensed. He said what this ordinance would do is allow the City to remove unlicensed vehicles that are abandoned or left on private property if they can be seen from public property. He said that does not apply to those vehicles that are within a privacy fence or in someone's garage. Councilmember Parker pointed out another section of the ordinance that he wished to address and that is the one about vehicles displaying a "vehicle for sale" sign. Rabe said this is one that comes up about once a year and had come up recently; adding that he had a "draft" ordinance to amend code to strike that prohibition entirely but it had not been handed out tonight and it did not have a number yet. He stated that the problem is how to determine what the original intent was on that. He said he felt that there would be other ways to address the problem of parking vehicles on the street with the for sale sign on them Councilmember Welch asked if on the proposed ordinance amending 74.22 under the sub point "b" which reads "greasing or repairing," he asked if they could change it from greasing to "lubricating." Bever said that Council could either create the "draft" ordinance as a new ordinance or simply amend Ordinance No. 80 to include the changes. Councilmember Parker moved to amend the ordinance to include 74.22 striking "vehicle for sale," and changing "greasing" to "lubricating," second by Councilmember Sharp and the motion was carried on a voice vote. After some discussion about changing the amount of the fine, Bever suggested the Law Department could go through Chapter 74 and present an ordinance that would cover the concerns voiced by Councilmembers. ig Common Council Minutes Cont'd October 7, 2002 Page 4 Councilmember Welch moved to suspend the rules on Amended Ordinance No. 80 — 2002 and advance it to second reading and read by title only, second by Councilmember Parker and the motion was carried on a voice vote. The Clerk read Amended Ordinance No. 80 — 2002 on second reading. President Wissel declared Amended Ordinance No. 80 — 2002 on public hearing. There being no comments for or against, Councilmember Elstro moved for engrossment, second by Councilmember Welch and the motion was carried on a voice vote. Councilmember L undy in oved to suspend the rules and advance A mended Ordinance N o. 80 — 2002 to third and final reading and read by title only, second by Councilmember Sharp and the motion was carried on a voice vote. The Clerk read Amended Ordinance No. 80 — 2002 on third reading. Amended Ordinance No. 80- 2002 was adopted on a unanimous roll call vote. ORDINANCE NO. 81— 2002 The C lerk'r ead O rdinance N o. 81 — 2002 — A G ENERAL O RDINANCE ADDING CHAPTER 7 8 TO RICHMOND CODE REGARDING OPEN ALCOHOLIC BEVERAGE CONTAINERS Rabe explained that this ordinance would add a new chapter to Richmond Code, extending the prohibition of open containers to include possession of open containers in any public place. He said it also provides that someone could be fined the standard fine of $50.00 for possessing an open container in any public place. He added that the administration has some concerns regarding this ordinance and Chief Pipes elaborated on those concerns saying that he felt it was not necessary to pass this ordinance. He stated that laws are already in place which deal with people drinking in a public place, being disorderly, loud and generally being a nuisance. He said, just to name a few, those are public intoxication law, minor consuming, disorderly conduct and loitering. He said it was his understanding that this ordinance came about b ecause o f a p articular s ivation that a xisted a l ittle o ver a year a go in a c ertain s ection o f t own. However, he said, through the increased police presence put in that neighborhood, foot patrols, and the good work of the Drug Task Force in making numerous arrests of the drug dealers living there and others coming into the neighborhood things have vastly improved in that area. He said that by reading this ordinance, it appears to him, that any of the Councilmembers could be standing out on the sidewalk in front of their home holding an open beer talking to a neighbor, or walking across the street for a cookout in their neighborhood, again with an open beer, and if a police officer drives down the street and sees them with that, he is going to issue them a citation. He added that he believes that this was not the intent of this ordinance when it was first formulated, and if that's the case he doesn't believe it is really necessary to have this ordinance on the books. Councilmember Elstro said that what Chief Pipes stated is true, but the people who live in that area still want the ordinance. Chief Pipes said that is something that can be addressed, but added that the ordinance is going to be difficult to enforce because the officer is g oing to h ave to see that person w ith the open container in his or her hand. He said it is just like the open container in the automobiles, saying that he had checked with the City Clerk's office this morning to see how many citations had been issued for that violation in the past year and found that there were five. In answer to a question by Councilmember Lundy about enforcing the open container law in the cars, Chief Pipes said that when people are in violation of that ordinance and see a police car they are going to hide it from plain sight. Councilmember Lundy stated that she felt having the law on the books is a deterrent and makes individuals more conscious of the wrongdoing. Chief Pipes responded by saying that he believes that is not the case because if they're walking and drinking and they see the police car they're just going to set t he d rink d own a nd k eep o n walking. H e a dded t hat he i s su re t hat t he o pen c ontainer 1 aw has not stopped individuals from drinking and driving but they are just smart enough that they're not going to tip that container up and drink out of it when a police car is in sight. Councilmember S harp c ommented that h e walks in a n area o f the C ity o n a r egular b asis and he finds empty, half full and unopened beer bottles, wine bottles and liquor bottles on the side of the road and he believes this ordinance would not make any difference. Councilmember Hutton said that the Police Department came into the neighborhoods almost two years ago about this i ssue and she asked that the ordinance b e held s o that the neighbors c ould c ome to the next meeting and voice their opinions. President Wissel announced that Ordinance No. 81 — 2002 would be held on second reading. Common Council Minutes Cont'd October 7, 2002 Page 5 ORDINANACE NO. 82 — 2002 The Clerk read Ordinance No. 82 — 2002 - A SPECIAL ORDINANCE AUTHORIZING THE APPROVAL OF A STATEMENT OF BENEFITS FOR A PROPERTY OWNER APPLYING FOR DEDUCTIONS UNDER IC. 6-1.1-12.1 Explaining this ordinance was Councilmember Sharp who said that it deals with a tax abatement request by Hoosier Container at 1001 Indiana Avenue which plans to build a 7,000-square foot addition. He said it would go to the Tax Abatement Committee and Councilmember Elstro would bring it back to Council. ORDINANCE NO.83 — 2002 The Clerk read Ordinance No. 83 — 2002 — A GENERAL ORDINANCE ADDING CHAPTER 32.80 TO THE CITY OF RICHMOND CODE REGARDING THE CREATION OF A CITY EMPLOYEE GRIEVANCE COMMISSION City Attorney Bob Bever explained that this ordinance deals with the last issue with AFSCME for the 2002 contract for street and sanitation employees, and that is how to handle the final stage of an employee grievance. He said this creation of an employee grievance commission was ultimately agreed to by AFSCME, but the hangup ended up being just how the fifth member of that commission would be appointed. Bever said that from a conversation this afternoon it appears that the representative for AFSCME and the City had reached an agreement and it is being taken to the local committee. tonight. He added that in the hope that all this might occur, it would still be up to this Council to actually establish an employee grievance commission. That was the reason, he said, that this ordinance is before Council tonight, so that at the next meeting this ordinance might be passed as the final link in reaching a 2002 contract. President Wissel said this ordinance would be held on first reading with no action taken on it tonight. ORDINANCES ON SECOND READING AND ENGROSSMENT ORDINANCE NO.77 — 2002 The Clerk read Ordinance No. 77 — 2002 — A SPECIAL ORDINANCE REZONING THE PROPERTIES COMMONLY KNOWN AS 1601 NATIONAL ROAD WEST, 1605 NATIONAL ROAD WEST, AND 315 S.W. 17TH STREET, RICHMOND, INDIANA President Wissel reported on the public hearing on this ordinance held by the Richmond Advisory Planning Commission on September 26, 2002, which is a request to change the zoning from R-2 residential to C-2 retail commercial. He ,said the Planning staffs recommendation was that it be approved because the character of the area had changed over the years and the comprehensive plan map shows the area to be future commercial zoning. The Commission's vote, he said, was five in favor and five opposed and since six votes are required to make a recommendation either for or against, the request comes back to Council without a recommendation. Speaking in favor of the ordinance was Douglas Klang of Springfield, Ohio, who is a representative of Family Video which originally applied for the re -zoning. He said the owners of the properties had retained George Sowers as their attorney to bring the ordinance before Council and he deferred to Sowers to state their case. Sowers said the three petitions before Council are by Les Jennings, Amy and Darin Jenkins and the estate of Virginia Hood. He said when the public hearing took place, Jennings was there but did not speak, and the other two owners were not in attendance because they were told they didn't need to be present. As a result of that, S owers said, the owners feel that perhaps not all the facts were made known to the Plan Commission. Copies of a section of the comprehensive plan map were distributed by Sowers to the Councilmembers as well as an aerial overlay on which the zoning had been sketched out. He explained that the three lots are contiguous to the south side of National Road West between S.W. 16 and S.W. 17`h Street and two of the homes face National Road West and the one on S.W. 17`s faces that street. He stated that change is and can be unsettling, but, he said this zoning issue needs to be based upon facts and not emotions. He gave an example of a similar situation on the east side that has worked out well and has not impaired the residential district. Sowers said he had talked with Family Video and had been advised that, exclusive of the land the structures will be close to $1 million and in retail there are no tax abatements and would be an immediate advantage to the community. He pointed out that this is a changing neighborhood and no longer residential but it is in transition and he feels that these homes will not sell for residential purposes and if they do, will not sell very well. cb Common Council Minutes Cont'd October 7, 2002 Page 6 Sowers said there was an issue raised at the Commission about the effect upon the neighbors and property value and he said he had talked with John Christian, a realtor who has the Hood estate house listed currently, and he had done some research on this. Sowers said it is Council's job to be well informed and make wise decisions based on an overall perspective which, he said, is a completion of the master plan on the west side very much in the same order as has been done on a piecemeal basis on the east side. There is a bonus, he said, that it can be done in a block and they know what the business is going to be. Councilmember Welch asked about the difference between the C-1 and C-2 zoning and Sowers deferred to Planning Director Bob Goodwin who explained the primary differences. He said C-2 zoning is necessary for an operation such as the Dairy Queen and KFC that are currently located in that area and C-1 is more of a neighborhood store such as an insurance office. He said the C-2 zoning will see businesses with later hours and more drive in traffic. Sowers said he had spoken briefly with Goodwin who said he was comfortable, based upon Council's opinion that Family Video could go into a C-1 zoning. He said he would be receptive to an amendment to the ordinance to make it a C-1. Bever, at the request of Councilmember Dickman, gave more examples of the differences in the C-1 and C- 2 zoning. Coming under C-1 zoning, he said, would be antiques shop, china and glassware shop, beauty shop, book and stationary store, drugstore, florist shop, funeral home, gift shop, hobby shop, dental office, sporting goods store, tobacco shop, variety store and public utility office, just to name a few. Examples given b y B ever o f those businesses c oming under C -2.z ooing included automobile accessory shop, battery and tire service station, package goods liquor store, second hand store, mini -warehouses, motor vehicle service, entertainment, commercial recreation facility and trade school, naming a few. Councilmember Combs addressed the issue of other locations for Family Video, saying it is hard for him to believe, as Sowers had said, that Family Video had looked and found none. Klang responded with the comment that, in all likelihood if this ordinance doesn't pass they might go looking elsewhere, but most of those locations would be too far out to their liking. John Christian, realtor with Lingle Real Estate, said he had done some research in the area where Family Video is now located and he found that within a two block radius the average sales were around $60,000 and so far, they are around $69,000 which indicates about a $9,000 increase. He said that this indicates, to him, that activities such as Family Video are an asset to the area. Looking at the west side, he said, he looked to see what kind of residential activity there was within a two to four block area up and down National Road West. He said in that 18-month period his office had not had one residential sale on National Road West. In his opinion, he said, the general conclusion is that the properties that are being discussed here from a residential standpoint have little to no value. He said he feels the highest and best use for the subject property is for commercial purposes. Darin Jenkins said he is in favor of the rezoning because his house is currently landlocked between South West 16'b and South West 17t', adding that they had unsuccessfully tried re -sell his house and he feels that commercial is the only way to go for him. Dorothy Hood, daughter of the late Virginia Hood, said her family had lived there for 40 years and she had seen great changes but with only one person now living there she doesn't need all that space. She added that since Family Video is a family activity she would be proud to have them build their store there. Les Jennings spoke in favor of the zoning, saying that he bought his home in 1985 and when he bought it the realtor cautioned him that the property could be commercial at some time. He said he had considered that an asset, thinking he would gain a little if that would be the case. Carmen Wilson, a resident of 4540 Gary Lane, said she is in favor of the rezoning because she would like to see more business on the west side. There being no further comments from those in favor of the ordinance, President,: Wissel asked for comments from those opposed to the ordinance. Councilmember Combs had requested earlier in the discussion that he be allowed to read a letter he had received from Nancy and Karl Kolger of 524 South West 17`h Street who could not attend this meeting tonight. In the letter the Kolgers gave as their main reasons for opposing the ordinance the increased traffic and noise in their quiet neighborhood and late night hours which could lead to vandalism and litter in the neighborhood. Others speaking against the ordinance included Earlabelle Petry of 409 South West 17'h Street who cited heavy traffic and late night hours as her reasons; Bob Whipple of 323 South West 17a` Street said he had lived in his home there for 52 years and said there is already a traffic problem in that area, stating that there is only one stoplight and there are 471 homes south of that light; and Roger Stinson, who lives in the 300 block of South West 16'h Street, said he wants to keep the area a peaceful residential one. WIA Common Council Minutes Cont'd October 7, 2002 Page 7 Also speaking in opposition were Darrin McMullen of 319 South West 17t' Street who said his home is directly behind the alley and he is concerned about what this would do to his access off the alley; John Taggart of 401 South West 17`h Street said he has only lived there three months and likes the neighborhood; Kay O'Brian of 405 South West 17t' Street said she picks up enough trash now from fast food places in the area; and Jerome Benkert of 835 South West 18'' Street said he is concerned about the business moving out and ending up with a vacant building and empty land on that site. Nancy Whitney of 841 South West 18`f' Street said the only safe way to cross U.S. 40 is at 16u' Street and she is concerned about the increased traffic as well as the Family Video possibly allowing some adult video business; Pat Younts of 318 South West 16'h Street said she has lived in her home more than 20 years and is concerned about the access to the alley and fears the possibility of another vacant building; Kim Smith of 339 South West 17a' Street said she delivers mail in that area and she is in that neighborhood every day and has enjoyed her peaceful existence there for 10 years but has to wonder if the reason those properties on National Road West don't sell is because they haven't done a whole lot of work on them; Leslie Hill of 338 South W est 16 h S treet s aid s he and her fianc6 had j ust b ought their h ouse in September and i f F amily Video had been sitting there then they would not have purchased it and she believes their property values will be affected if this ordinance is passed. Councilmember Dickman moved to amend Ordinance No. 77 — 2002 to be designated as a C-1 rather than a C-2 District, second by Councilmember Welch and the motion was carried on an 8-1 voice vote with Councilmember Combs casting the opposing vote. There being no further comments on Amended Ordinance No. 77 — 2002, Councilmember Elstro moved for engrossment, second by Councilmember Sharp and the motion was carried on a voice vote. Councilmember Welch moved to suspend the rules and advance Amended Ordinance No. 77 — 2002 to third and final reading and read by title only, second by Councilmember Parker and the motion was carried on a voice vote. Councilmember Parker said this area is in the sixth district and that is his district. He said he has received five calls in favor of the ordinance and 38 calls in opposition and he plans to vote against this ordinance since he represents this district, these residents and their wishes. The Clerk read Amended Ordinance No. 77 — 2002 on third reading. Councilmember Combs said ,he is opposed to this ordinance and he feels the burden was on the developers to present their side and they didn't do that in his opinion. He added that his vote is not against the Family Video business but he felt passing this ordinance would not be worth what it might do to a family neighborhood. Councilmember Welch said he can remember when traffic going west on National Road West was bumper to bumper traffic and those houses on South West 16a` and 17`h were built there for people who moved to this community to work for Alcoa. He cited the changes there in the area and the businesses there now which have replaced the residential homes over the years. He said he has sympathy for the owners of these three pieces of property, especially the one which is landlocked, but it is the responsibility of this Council and the Planning Department to look at people like them who want to sell their property to the best possible use, to the highest and best possible use. At this point, he said, he would have to say that residential property is not the highest and best possible use for the property. He also commented on the future plans for National Road West within the next three years, when it will be redone all the way from 18`l' Street to the river and that means new curbs, sidewalks and turn lanes added at those main intersections. He did say that there probably would not be any new traffic lights, however, because those traffic counts given here tonight will not warrant adding traffic lights and the state controls that. He said he would be voting for the ordinance which has been amended to C-1 zoning. Councilmember Sharp said he feels that at this point in time that area out there does not need extra business. Other brief comments were made by Councilmembers Elstro and Lundy, with the latter saying that when more housing is needed it doesn't make sense to tear down more houses. Amended Ordinance No. 77 — 2002 was defeated with a 7 to 2 roll call vote with the two votes in favor coming from Councilmember Welch and President Wissel. ORDINANCES ON THIRD READING UNFINISHED BUSINESS Common Council Minutes Cont'd October 7, 2002 Page 8 CALL FOR ADJOURNMENT There being no further business, on a motion duly made, seconded and passed, the meeting was adjourned at 10:05 P.M. Bruce Wissel, President ATTEST: Norma Schroeder, Clerk