HomeMy Public PortalAbout09-15-1997 41
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CITY OF RICHMOND-11411tAt97
1 The Common Council of the City of Richmond, Indiana met in regular session at 7:30 p.m. Tuesday,
2 September 15, 1997, in the Council Chambers in said City. President Bob Dickman presided with the
3 following Councilmembers present: Howard "Jack" Elstro, Etta Lundy, Bruce Wissel, Sarah "Sally" Hutton,
4 Geneva"Gene"Allen, Alan Stamper, Bing Welch and Larry Parker. The following business was had to-wit:
5
6 PLEDGE OF ALLEGIANCE
7
8 PRAYER BY COUNCILMEMBER WELCH
9
10 ROLL CALL
11
12 Nine present.
13
14 APPROVAL OF MINUTES OF SEPTEMBER 2.1997
15
16 The minutes of the September 2, 1997 meeting were approved on a motion by Councilmember Wissel,
17 second by Councilmember Hutton and was carried on a unanimous voice vote.
18
19 PRESENTATIONS OF REMONSTRANCES, PETITIONS. MEMORIALS OR PUBLIC COMMENTS 10
1 COMMUNICATIONS FROM THE MAYOR
REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY
The minutes of the meeting of August 14 and 21, 1997 were in the Council packets.
TB REPORTS FROM CITY DEPARTMENTS
REPORTS FROM SPECIAL COMMITTEES
3
31 Councilmember Stamper announced the Tax Abatement Guideline Committee will have an organizational
3 meeting at 5 p.m. Wednesday, September 17, and another meeting which is open to the public at 7 p.m.
3 Wednesday, September 24 in the Council Chambers.
3,
3. Councilmember Lundy announced that the rededication of Norwood Apartments to Robert E. Smith will be at
3. 2 p.m. Sunday, September 28, at the 17th Street Apartments with the reception to follow at Townsend
3 Center. She invited all Councilmembers to attend.
3:
3: REPORTS FROM STANDING COMMITTEES
48
REPORTS FROM ORGANIZATIONS
4'
4c MISCELLANEOUS BUSINESS
4,
4. ORDINANCES
4.
4r ORDINANCES ON FIRST READING
4:
4: Councilmember Elstro moved to suspend the rules and read Ordinances No. 97, 99, 100, 101, 102, 103,
58 104, 105, 106 - 1997 on first reading by title only, second by Councilmember Parker and the motion was
5 carried on a unanimous voice vote.
5'
5: ORDINANCE NO.97-1997
5,
5. The Clerk read Ordinance No. 97 - 1997 - A SPECIAL ORDINANCE AMENDING THE ZONING
5. ORDINANCE AT 501 SOUTH Q STREET
5r
5: Councilmember Elstro asked what the plans were for that location. Bob Goodwin, director of planning, said
5: the plans are to put in a body shop and detail shop.
6.
6 President Dickman said the ordinance will go to the Plan Commission.
6'
6; ORDINANCE NO.99-1997
6. The Clerk read Ordinance No. 99- 1997-A SPECIAL ORDINANCE AMENDING THE ZONING MAP AT 66
SOUTH 16TH STREET
President Dickman announced Ordinance 99-1997 will go to the Plan Commission.
416
Common Council Minutes Cont'd
September 15, 1997
Page 2
1 ORDINANCE NO.100-1997
2
3 The Clerk read Ordinance No. 100 - 1997 - AN APPROPRIATION ORDINANCE AMENDING THE 1997
4 BUDGET
5
6 City Engineer Bob Wiwi explained the purpose of this ordinance is to transfer money into a supply acco nt.
7 to allow for the expenditure of funds for snow and ice melt to be used at the City Building.
8
9 Councilmember Wissel moved to suspend the rules and advance Ordinance No. 100 - 1997 to sec nd
10 reading and read by title only, second by Councilmember Hutton and the motion was carried o a
11 unanimous voice vote.
12
13 The Clerk read Ordinance No. 100-1997 on second reading.
14
15 President Dickman declared Ordinance No. 100 on public hearing. There being no comments either for or
16 against the ordinance, Councilmember Allen moved for engrossment,second by Councilmember Hutton knd
17 the motion was carried on a unanimous voice vote.
18
19 Councilmember Lundy moved to suspend the rules and advance Ordinance No. 100- 1997 to third and f nal
20 reading and read by title only, second by Councilmember Elstro and the motion was carried on a unanimous
21 voice vote.
22
23 The Clerk read Ordinance No. 100 -1997 on third reading.
24
25 Ordinance No. 100- 1997 was adopted on the following call of the roll:
26
27 Ayes:Elstro, Lundy, Wissel, Hutton,Allen, Stamper,Welch, Parker and Dickman (9)
28 Nays:None
29
30 ORDINANCE NO. 101 -1997
31
32 The Clerk read Ordinance No. 101 - 1997 - AN APPROPRIATION ORDINANCE AMENDING THE 1 97
33 BUDGET
34
35 City Attorney Bob Bever explained the ordinance will delete $950 from Other Contract Services and dd
36 $750 to Copier Charges and $200 to Office Supplies. He said copier charges exceeded what was budge ed
37 due to putting out a supplement to the City Code.
38
39 Councilmember Stamper moved to suspend the rules and advance Ordinance No. 101 to second rea ing
40 and read by title only, second by Councilmember Wissel and the motion was carried on a unanimous v.ice
41 vote.
42
43 The Clerk read Ordinance No. 101 -1997 on second reading.
44
45 President Dickman declared Ordinance No. 101 - 1997 on public hearing. There being no comments eit er
46 for or against the ordinance, Councilmember Elstro moved for engrossment, second by Councilmember
47 Hutton and the motion was carried on a unanimous voice vote.
48
49 Councilmember Allen moved to suspend the rules and advance Ordinance No. 101 - 1997 to third and fi al
50 reading and read by title only, second by Councilmember Welch and the motion was carried on a unanimous
51 voice vote.
52
53 The Clerk read Ordinance No. 101 - 1997 on third reading.
54
55 Ordinance No. 101 - 1997 was adopted on the following call of the roll:
56
57 Ayes:Elstro, Lundy,Wissel, Hutton,Allen, Stamper,Welch, Parker and Dickman (9)
58 Nays:None.
59
60 ORDINANCE NO.102-1997
61
62 The Clerk read Ordinance No. 102 - 1997 - AN APPROPRIATION ORDINANCE AMENDING THE 1.97
63 BUDGET
64
65 Wiwi explained this ordinance deals with Roseview Transit, deleting $5,000 from Overtime and $5,000 fr.m
Temporary Help and adds$10,000 to Gasoline.
417
Common Council Minutes Cont'd
Page 3
1 He said the reason the transfer is necessary is because Roseview Transit did not receive the invoice for the
2 last four months of 1996 until 1997 and as a result the funding is short, ending up with 16 months of billing.
3 Councilmember Allen commented that she found that unusual, in that Roseview Transit did not notice they
4 had not received bills for the past four months. She said she feels the head of the department should make
5 sure they receive the bills they normally would get. In answer to a question by Councilmember Wissel, Wiwi
6 said temporary help is used when the regular drivers are ill and unable to drive.
7
8 Councilmember Elstro moved to suspend the rules and advance Ordinance No. 102 - 1997 to second
9 reading and read by title only, second by Councilmember Welch and the motion was carried on a unanimous
10 voice vote.
11
12 The Clerk read Ordinance No. 102- 1997 on second reading.
13
14 President Dickman declared Ordinance No. 102 - 1997 on public hearing. There being no comments either
15 for or against the ordinance, Councilmember Elstro moved for engrossment, second by Councilmember
16 Wissel and the motion was carried on a unanimous voice vote.
17
18 Councilmember Lundy moved to suspend the rules and advance Ordinance No. 102- 1997 to third and final
19 reading and read by title only, second by Councilmember Elstro and the motion was carried on a unanimous
20 voice vote.
21
22 The Clerk read Ordinance No. 102- 1997 on third reading.
23
24 Ordinance No. 102- 1997 was adopted on the following call of the roll:
25
26 Ayes: Elstro, Lundy,Wissel, Hutton,Allen, Stamper,Welch, Parker and Dickman (9)
27 Nays:None.
28
29 ORDINANCE NO.103-1997
30
31 The Clerk read Ordinance No. 103 - 1997 - AN APPROPRIATION ORDINANCE AUTHORIZING THE
32 APPLICATION, ACCEPTANCE, AND APPROPRIATION OF A GRANT FROM THE CHAMBERS
33 FOUNDATION INC.
34
35 Leslie Hall of the Richmond Senior Community Center said this ordinance allows the center to apply for and
36 accept grant funding for$1,902.70 from The Chambers Foundation, Inc. out of Indianapolis. She said these
7 funds will be used to purchase a 27-inch Sharp TV, a Sharp VCR, a Sharp microwave, a TV table, skirting for
8 the stage, 10 six-foot-long tables and a chair carrier hand truck on which 10 chairs can be stacked.
9
0 Councilmember Lundy moved to suspend the rules and advance Ordinance No. 103 - 1997 to second
1 reading and read by title only,second by Councilmember Hutton and the motion was carried on a unanimous
2 voice vote.
4 The Clerk read Ordinance No. 103- 1997 on second reading.
,5
•6 President Dickman declared Ordinance No. 103 - 1997 on public hearing. There being no comments either
7 for or against the ordinance, Councilmember Elstro moved for engrossment, second by Councilmember
8 Welch and the motion was carried on a unanimous voice vote.
.0 Councilmember Welch moved to suspend the rules and advance Ordinance No. 103- 1997 to third and final
.1 reading and read by title only,second by Councilmember Parker and the motion was carried on a unanimous.
.2 voice vote.
.3
.4 Ordinance No. 103- 1997 was adopted on the following call of the roll:
.5
6 Ayes: Elstro, Lundy,Wissel, Hutton,Allen,Stamper,Welch, Parker and Dickman (9)
.7 Nays:None.
8
,9 ORDINANCE NO.104-1997
v0
d1 The Clerk read Ordinance No. 104 - 1997 - AN APPROPRIATION ORDINANCE AMENDING THE 1997
.2 BUDGET
.3
.4 Wiwi explained that this ordinance transfers money into an account to allow for the purchase of a new tractor
5 at the airport to replace a 30-year-old tractor that has required an exceptional amount of maintenance in the
past two years.
Common Council Minutes Cont'd
September 15, 1997
4-2-age-4
1 Councilmember Elstro moved to suspend the rules and advance Ordinance No. 104 - 1997 to second
2 reading and read by title only, second by Councilmember Lundy and the motion was carried on a unanimous
3 voice vote.
4
5 The Clerk read Ordinance No. 104- 1997 on second reading.
6
7 President Dickman declared Ordinance No. 104 - 1997 on public hearing. There being no comments ei her
8 for or against the ordinance, Councilmember Welch moved for engrossment, second by Councilme •er
9 Hutton and the motion was carried on a unanimous voice vote.
10
11 Councilmember Allen moved to suspend the rules and advance Ordinance No. 104- 1997 to third and final
12 reading and read by title only,second by Councilmember Elstro and the motion was carried on a unanimous
13 voice vote.
14
15 The Clerk read Ordinance No. 104- 1997 on third reading.
16
17 Ordinance No. 104-1997 was adopted on the following call of the roll:
18
19 Ayes: Elstro, Lundy,Wissel, Hutton,Allen, Stamper,Welch, Parker and Dickman (9)
20 Nays: None.
21
22 ORDINANCE NO. 105-1997
23
24 The Clerk read Ordinance No. 105 - 1997 - AN APPROPRIATION ORDINANCE AMENDING THE 1°97
25 BUDGET
26
27 President Dickman commented that Councilmembers had received a revised copy of this ordinance prio to
28 the meeting. Wiwi came forward to explain the purpose of the ordinance was to delete $53,161.22 from the
29 Concrete account in the Motor Vehicle Highway Fund and add it to the Contractual Concrete Work acco nt.
30 He said this will allow the funds to be used to contract out the work. In answer to a question by
31 Councilmember Hutton as to where the work will be done, Wiwi said it will be done in areas identified by
32 Council, honoring requests received by citizens in the neighborhood associations by Bill Smith of the St et
33 Division. He said the reason the ordinance was revised was because the word "salt" had to be replaced by
34 "concrete."
35
36 Councilmember Stamper suggested that it might be more advisable to wait and see how the entire side alk
37 and curb program is going, adding that it might give a real good start to that program.Wiwi said the timing is
38 important and there is only a certain amount of time left in which to pour concrete.
39
40 Councilmember Welch moved to suspend the rules and advance Ordinance No. 105 - 1997 to second
41 reading and read by title only, second by Councilmember Wissel and the motion was carried o a
42 unanimous voice vote.
43
44 The Clerk read Ordinance No. 105-1997 on second reading.
45
46 President Dickman declared Ordinance No. 105 - 1997 on public hearing. There being no comments eit er
47 for or against the ordinance, Councilmember Elstro moved for engrossment, second by Councilmember
48 Hutton and the motion was carried on a unanimous voice vote.
49
50 Councilmember Lundy moved to suspend the rules and advance Ordinance No. 105 - 1997 to third and fi al
51 reading and read by title only, second by Councilmember Allen and the motion was carried on a unanimous
52 voice vote.
53
54 The Clerk read Ordinance No. 105- 1997 on third reading.
55
56 Ordinance No. 105- 1997 was adopted on the following call of the roll:
57
58 Ayes:Elstro, Lundy,Wissel, Hutton,Allen, Stamper,Welch, Parker and Dickman (9)
59 Nays: None.
60
61
62 ORDINANCE NO.106-1997
63
64 The Clerk read Ordinance No. 106 - 1997 - AN APPROPRIATION ORDINANCE AMENDING THE 1.97
65 BUDGET
Common Council Minutes Cont'd
September 15, 1997
Page 5
1 Explaining thepurpose
$52,352 from th C ete{ this accountdand dding+wi Itt to Connid tracttualfConwithin Work and the moneRine ll beespennt
mainly in residential areas for curb and sidewalk work. Councilmember Allen asked if this sidewalk work is in
conjunction with the partnership program and Wiwi answered that it is not, adding that the previous
ordinance took care of that.
Councilmember Parker asked Wiwi if the City poured any concrete this year and Wiwi said there were three
major projects which included the work on South 5th Street, Fort Wayne Avenue and near CIGNA on North
9th Street. Wiwi said the intention of this is to contract the work out and try to do a significant amount such as
10 a half a block.
11
12 Responding to Councilmember Stamper's question as to how the money is being spent in regard to the
13 partnership program, Mayor Dennis Andrews explained that both of these ordinances addressing the
14 concrete needs were put together to pool available dollars for contracting out the work. He said the Street
15 Division in-house has done the maximum they can do with their crews this year and the work they did was
16 from the dollars obligated by the administration from the E.D.I.T. fund. He said the demand from the
17 partnership program was not equal to the initial inquiries and these two ordinances are moving dollars to the
18 appropriate series so the City can use available resources this year to contract out the work. He said
19 approximately $105,000 will be contracted out for curb and sidewalk work, but the City has several million
20 dollars worth of need.
21
22 The Mayor said next year, with the increase of budget dollars, E.D.I.T. funds and the Infrastructure fund the
23 City will have these kind of resources available again and it is hoped that the City will have a better handle
24 on the system of identifying what work is going to be done through the comprehensive plan review and the
25 system by which those decisions are made. He said he asked Wiwi and Smith to put together a list to
26 recommend where this work would be done, but he has not seen it yet.
27
28 Councilmember Welch moved to suspend the rules and advance Ordinance No. 106 - 1997 to second
29 reading and read by title only, second by Councilmember Parker and the motion was carried on a unanimous
30 voice vote.
31
32 The Clerk read Ordinance No. 106- 1997 on second reading.
33
34 President Dickman declared Ordinance No. 106 - 1997 on public hearing. There being no comments either
35 for or against the ordinance, Councilmember Elstro moved for engrossment, second by Councilmember
36 Welch and the motion was carried on a unanimous voice vote.
37
38 Councilmember Welch moved to suspend the rules and advance Ordinance No. 106 - 1997 to third and final
39 reading and read by title only,second by Councilmember Parker and the motion was carried on a unanimous
40 voice vote.
41
42 The Clerk read Ordinance No. 106- 1997 on third reading.
43
44 Ordinance No. 106- 1997 was adopted on the following call of the roll:
45
46 Ayes: Elstro, Lundy, Wissel, Hutton,Allen, Stamper,Welch, Parker and Dickman (9)
47 Nays: None.
48
49 Councilmember Stamper commented that he did not want to give the wrong impression, adding that he
50 thought it was great the City wanted to spend$105,000 for sidewalks, however, his concern is that if the City
51 goes out and starts fixing the sidewalks it will mean less teeth in any type of thing down the road where it
52 asks the citizens to help fix their own sidewalks.
53
54 He said the reason he is questioning it is because it the citizens don't have to do it, they will wait until it gets
55 bad enough, then call the City to fix it. He said he feels the City is not giving people the incentive to become
56 a part of the partnership program when extra funds are used to go out and do this.
57
58 Mayor Andrews said after a meeting held last week on this subject, except for a couple of business areas
59 which have been waiting a long time, there is more than $100,000 worth of need just in making areas
60 accessible to the handicapped around public buildings and that is what he expects to see on the list he
61 entioned previously.
62
63 ouncilmember Welch said he hoped he would see the safety question addressed before the unsightly and
64 65 racked walks and curbs are taken care of.
42
Common Council Minutes Cont'd
September 15. 1-997
P-age 6
1 ORDINANCES ON SECOND READING AND ENGROSSMENT
2
3 ORDINANCE NO.90-1997
4
5 The Clerk read Ordinance No. 90 - 1997 - AN APPROPRIATION ORDINANCE TO BE KNOWN AS T E
6 1998 SALARY ORDINANCE
7
8 City Controller Shelley Miller explained to Council that she had distributed revised copies of Ordinance o.
9 90 - 1997, stating that last year, toward the end of the year, Wiwi had made some recommendations wit in
10 his own department that had no effect on the total within his budget and that was included in the salary
11 ordinance. However, the wrong ordinance was signed which creates a need to have the ordinan, e
12 re-signed. She said that ordinance was used to base the 1998 ordinance on and while going through t e
13 information presented to Council that error was found and she wanted to get it corrected on the 1998 sal-ry
14 ordinance as soon as possible.
15
16 Councilmember Parker questioned the 8.415 position in Section 8 in the Department of Parks a d
17 Recreation and Miller said that position was not funded, adding that the in-home services are not bei g
18 provided by the City and was not funded for 1998. She said they caught if the first time through, and, y s,
19 that comes out completely. In answer to a question by Councilmember Parker about what positions re
20 currently vacant in the Parks and Recreation Department, Miller said all the positions are filled, adding t at
21 the Assistant Superintendent is still listed in the salary ordinance but that is not funded in 1998. She stat d
22 that the Business Manager position was filled but the Assistant Superintendent position will not be filled ev n
23 through 1998, adding that they prefer to keep it in and take another look at it. Mayor Andrews said if th y
24 keep the title in,this reflects the salary item under the maximum allowable.
25
26 Councilmember Parker asked why they have it in there if they don't need it, adding that they got alo g
27 without it for nine months. Stan Lambert, superintendent of the Parks and Recreation Department, said e
28 wanted to encourage Council to keep that position in there so that if in the future they can find a way to fu•d
29 it without asking for additional funding, the postion would already be there in the ordinance. He added t at
30 the department is feeling the strain by not having that position filled. He said the administration's position or
31 1997 was to cut that as part of balancing the budget and they did the same thing for 1998 and since th-y
32 had operated without that position,when they were looking for places to cut,that position was one of them.
33
34 Councilmember Welch, directing his remark to Miller, said by having the position listed on the sal-ry
35 ordinance, if money ever became available to fill that position, it would save Council a whole lot of troub e,
36 because she would have to go back to the Tax Commissioners. He said leaving it there is not causing a y
37 problems and she would not be able to get the position in for 1998 and would have to wait until 1999 if it w:s
38 removed. He said the review committee for the Parks and Recreation Department has made some stro,g
39 comments about the fact they don't see how the Parks Department is doing what it is doing with the amo nt
40 of people (about 30) involved, doing all the park activities. He said he feels strongly about leaving t is
41 position on the salary list.
42
43 Councilmember Allen asked Miller if you add up all the salaries in the Parks and Recreation Department a d
44 look at the salaries in the Park Department budget,would this be included. Miller said it would.
45
46 Councilmember Hutton moved to amend the ordinance by deleting the 8.415 for in-home services in Section
47 8 which would total $17,923.68 for the in-home services coordinator, second by Councilmember Welch a d
48 the motion was carried on a unanimous voice vote.
49
50 Councilmember Wissel asked if Council had to adopt this ordinance tonight and Miller responded that it c.n
51 be done at the special meeting on September 25.
52
53 Councilmember Hutton asked about the Public Works budget, commenting that she noticed one position
54 was raised $2,000. Miller said the three positions she had referred to earlier were the Assistant Cty
55 Engineer, the Project Engineer and the Computer Aided Design Operator. She said she had pulled out t e
56 minutes to make sure they were voted on before and that makes the overall dollar amount but has no effect
57 on the total dollars.
58
59 President Dickman announced that revised Ordinance No. 90 - 1997 was on public hearing. There being no
60 comments either for or against the ordinance, Councilmember Elstro moved for engrossment, second 'y
61 Councilmember Welch and the motion was carried on a unanimous voice vote.
62
63 President Dickman announced that revised Ordinance No. 90- 1997 will be brought back on second readi g
64 at the special meeting on September 25.
65
3
Common Council Minutes Cont'd
Page 7
ORDINANCE NO.91 -1997
The Clerk read Ordinance No. 91 - 1997 - A SPECIAL ORDINANCE AMENDING THE ZONING MAP AT
• 235 NORTHWEST 7TH STREET
•
• Councilmember Wissel said the Plan Commission had discussed this request for a special use district
r classification in an R-2 One Family Residence District for a medical office located at 235 Northwest 7th
Street accompanied by a request to waive the requirement for off-street parking. He said the petitioners are
James R. Koontz and Katherine Gardner Koontz, owners of the property, and are represented by their
1: attorney, George M. Sowers as agent. He said the petitioner entered into an agreement to sell the property
1 to Gregory Karch, Loretta Gula and Brian and Kristine Jones, subject to the buyers obtaining the appropriate
1 r zoning to use the property as a medical office to be called the Center for Creative Living which they wished
1: to relocate to this address which is across from Dennis Middle School.
1.
1. Addressing the issue of parking, Councilmember Wissel said one space is available in the garage of the
1• residence,three spaces north of the driveway,two south of the driveway and one on Peacock Road. He said
1 t letters were delivered to six surrounding property owners and one person came in and objected because he
1: did not want a parking lot for off-street parking. Discussions during the meeting, Councilmember Wissel said,
1: referred to the parking in the vicinity there. He said the Plan Commission called the neighborhood one in
2: transition and recommended approval with a vote of six in favor,two opposed and three absent. In answer to
2 a question by Councilmember Welch as to what the two opposing votes were, Councilmember Wissel said
2' he was one of those in opposition, stating that both of them who opposed it were concerned with the parking.
2: He added that he, personally, did not feel the neighborhood was in transition and he throught it was an
2, intrusion of the neighborhood. Also, he said, being across from the middle school he had some safety
2. concerns.
2.
2r Sowers said this is a residential dwelling on the southeast corner of Peacock Road and North West 7th
2: Street which was built by the Peelle family. Sowers said the home has six bedrooms and three baths
2: covering 3,420 square feet, adding that this house, in all probability, is not going to be marketed to an owner
3: occupied family. He said the Koontz family desires to maintain the residential character of the neighborhood
3 and believe their proposal is the best way of accomplishing that. He said they have decided on a purchase
3' agreement with the three people mentioned above subject to the appropriate zoning.
3:
3, Sowers said a medical office is a permitted special use and in order to accomplish a special use, a detailed
3. site plan must be provided, which was done. He commented that there are several requirements set out in
3. the zoning ordinance and went on to mention the following five guidelines which are: Any special use zoning
3' not be detrimental to the safety of the area,would not impair property values, would not impede development
3: of the neighborhood, would have adequate infrastructure sidewalks, utilities, etc. and adequate measures
3: would be taken to minimize traffic congestion. He said there are no requirements which requires off street
4: parking for the granting of a special use, adding that he had discussed that with Bob Goodwin, director of
4 planning.
4
4: Addressing the parking issue, Sowers said Karch is willing to accept a ban on appointments at certain times.
4• Sowers said the busiest times seem to be shortly before 8 a.m. and before 3:05 p.m. and Karch and his
4 group agreed they would make no appointments between 7:30 and 8:30 a.m. and 2:30 and 3:30 p.m. which
4. is adequate, according to Koontz. Sowers said he had noticed, in his checking the area, that the parking lot
4 at Dennis Middle School is about one third empty, which means, to him, that no pressure is on the school
4: staff or people visiting.
4°
50 Sowers stated that this house has been owner occupied,the house to the south is a large substantial house
5 which is now a group home,the house south of that is rented,the building south of that is Augustin Printers
5 the house immediately to the east is rented and there are other rentals in the area. He said he feels that says
5 it is a neighborhood in transition. He said this special use would allow the owners to use this as a business
54 with very low traffic, minimal signage, no exterior modifications and would maintain its residentail identity.
5
5. He said the person who visited the Planning Department to review the petition prior to the planning meeting
5 was relieved to learn there was no provision for off-street parking because it was his feeling that would
5: intrude on a residential neighborhood. He said Augustin Printers will rent up to six parking spaces to be used
5° in the evening after 5 p.m.which would limit his spaces to evening parking.
60
6 Returning to the podium, Koontz spoke about the parking issue, noting that there was a time when their
6 seven children were teen-agers and there was a time they had up to six cars parked in front of their home on
6 various occasions on holidays and through the summer. He said they were pleased to have these three
6; people as potential buyers and they believe they will improve the property. He concluded by saying they love
6• the house and have the greatest respect for the neighborhood.
4'
Common Council Minutes Cont'd
September 15. 1997
Page 8
1 Karch said he is a psychologist in private practive and for some time has recognized the need to purchase a
2 property and because of the nature of the practice they looked for a location that is home like. He said his
3 home would provide a non-clinical environment and a degree of privacy for their clients.
4
5 Speaking against the ordinance was Harvey Grimme, a 26-year resident of 708 Peacock Road, who
6 presented a petition containing 59 signatures of the residents against the ordinance. He cited park ng
7 problems and the safety of the children attending Dennis Middle;School and Parkview Elementary as m 'or
8 concerns.
9
10 Pam Klein, 702 Peacock Road, said she had lived in the neighborhood for 20 years and one of her ma or
11 concerns is if the Koontz home becomes a location for a business will it be required to have handicap ed
12 parking spaces. She is also concerned,she said, about whether or not they will have to put in a handicap ed
13 ramp. She said she sits on her porch and watches motorists disregarding the stop sign at that corner an is
14 concerned that added traffic will create problems. She said it is a very quiet neighborhood and there re
15 some rentals but she does not believe it is a neighborhood in transition.
16
17 Mike Lyons said he has owned his residence at 625 Peacock Road since 1985 and believes, too, that i is
18 not a neighborhood in transition. Also, he said, once a variance is granted, it is setting a precedence and e
19 is concerned about where the line is drawn.
20
21 Sowers, in his rebuttal, said notice requires personal notice to the contiguous surrounding landowners d
22 that does not encompass the whole neighborhood. However, he said, publication preceded the Pan
23 Commission hearing as it does this meeting so there has been publication. Addressing the question n
24 handicapped accessibility, Sowers said unless a renovation where a building permit is required takes pla,e,
25 there is no need to adapt the building for handicapped and the size of this practice is not large enough to
26 qualify under federal statute. He said he heard the term "variance,"and commented that he is not asking or
27 that, but for a statutorily permitted use under the City Ordinance that is needed to minimize tra fic
28 congestion. He said the majority of those living on North West 7th Street are non owners and that, to hi ,
29 makes it a neighborhood in transition.
30
31 Sowers said their objective is to stop that transition with that street with the use that does not appear to e
32 commercial, adding that the business does not have a high turnover in patients. He added that if it remain a
33 residence or a multi-family dwelling, there will be parking on the street. He asked those present in t e
34 audience who support this request for this ordinance to stand and commented there were about 10 w o
35 came to offer their support. He said he requested that Council analyze the petition for special use by t e
36 special use standards and guidelines and grant the special use.
37
38 Councilmember Welch asked Bever if this is a form of spot zoning and Bever responded that a medi•al
39 office is allowable in the R-2 and he is not sure if this would qualify as a spot zoning. He said, in his opinion,
40 if you changed the use of the building to special use that section would apply and it would take you over to
41 how many parking spaces are required and for a medical or dental clinic it is one for each 200 feet of square
42 foot of area. He said it is his initial reaction that those parking spaces would be required. He added that aLny
43 developmental standard would have to go before the Board of Zoning Appeals, noting that the lease wth
44 Augustin Printers for off street parking would suffice for that parking requirement.
45
46 There being no further comments either for or against the ordinance, Councilmember Wissel moved or
47 engrossment,second by Councilmember Hutton and the motion was carried on a unanimous voice vote.
48
49 Councilmember Allen moved to suspend the rules and advance Ordinance No. 91 - 1997 to third and fi al
50 reading and read by title only, second by Councilmember Welch and the motion was carried on a unanimo s
51 voice vote.
52
53 The Clerk read Ordinance No.91 -1997 on third reading.
54
55 Councilmember Welch went down the list of those things that have to be conformed to in order to grant t e
56 special use, stating he still had questions about the safety issue. He said he could not see where it wo Id
57 create value nor develop the neighborhood further. He said he does not see it as a neighborhood in
58 transition, it adds no infrastructure and there will be added amount of traffic and parking. He said he is not in
59 favor of the ordinance and will be voting against it.
60
61 Ordinance No. 91 - 1997 was unanimously defeated on the following call of the roll:
62
63 Ayes: None.
64 Nays: Elstro, Lundy, Wissel, Hutton,Allen, Stamper,Welch, Parker and Dickman (9)
65
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Common Council Minutes Cont'd
September 15, 1996
Pdge 9
1
2 ORDINANCE NO.94-1997
3
4 The Clerk read Ordinance No. 94 - 1997 - AN APPROPRIATION ORDINANCE FIXING THE ANNUAL
5 COMPENSATION OF ALL ELECTED CITY OFFICERS FOR 1998
6
7 President Dickman declared Ordinance No. 94- 1997 on public hearing.There being no comments either for
8 or against the ordinance, Councilmember Elstro moved for engrossment, second by Councilmember Allen
9 and the motion was carried on a unanimous voice vote.
10
11 Bever informed Council that the ordinance can be engrossed but there can be no final action on it tonight
1 because of the publication being on August 20, 1997. He said Council has to wait 30 days until the final
1 passage so he would anticipate this being at the special meeting on September 25.
1
1 President Dickman said this ordinance will come back on third reading at the special meeting.
1
1 ORDINANCE NO.98-1997
1
1 The Clerk read Ordinance No. 98 - 1997 - AN APPROPRIATION ORDINANCE TO BE KNOWN AS THE
21. 1998 BUDGET
2
2' President Dickman declared Ordinance No. 98- 1997 on public hearing.There being no comments either for
2: or against the ordinance, Councilmember Elstro moved for engrossment, second by Councilmember Welch
2, and the motion was carried on a unanimous voice vote.
2.
2. President Dickman announced this would come back on third reading.
2r
2: ORDINANCES ON THIRD READING
2
31 There were none.
3
3' UNFINISHED BUSINESS
3:
3, Todd Knight, director of the Neighborhood Clearing House, addressed Council, commenting on his recent
3. bout with cancer and expressing his appreciation for everyone's concern for his well being. He said he and
3. members of his executive board are here tonight to answer any questions that Council might have about
3 their budget.
3:
3: ADJOURNMENT
4,
4 There being no further business,on a motion duly made,seconded and passed the meeting was adjourned.
4°
4:
4,
4
4.
4
4:
4°
51 Robert Dickman, President
5
5
5
5
5.
5. ATTEST:
5 Norma Schroeder, Clerk
5:
5°
60
6
6.
6
6,
6
426
1