Brought before Perry Mayor and Council at Tuesday night’s regular meeting, was a request for encroachment onto city property at 907 Carroll Street, relative to a step, which was a matter referred from Monday evening’s work session. Director of Community Development Bryan Wood noted that the step would encroach around five inches onto the city’s property. Wood reminded that the applicant had built a ramp on his property at the sidewalk in response to the Americans with Disabilities Act requirements. The top of the ramp, Wood explained, was nine inches in height, exceeding maximum step height, which is why the step would be installed. Wood explained that there is another option: the installation of a rail across so that it is not accessible, in which case, all those seeking to enter or exit the store would have to use the ramp.
During the portion of the meeting set aside for citizens with input, Dave Corson, the owner of the building at 907 Carroll Street, explained to council that what he was asking for was five inches of city sidewalk, which, combined with six inches of his own property, would accommodate an 11-inch wide, and about four and one half-inch high, step up to the front door. Corson also noted that a ramp has been installed at the business in compliance with the Americans with Disabilities Act, and that according to that act, a railing is not required for the ramp.
Corson expressed to council that he would like to see the matter resolved, so that the tenant could move into the building as soon as possible, and that the question now was whether those without disabilities would have to go up the ramp to enter the store, or if they could go directly inside.
City Manager Lee Gilmour raised the matter that, if there was no step installed, a person could be unaware of the drop off, and could fall or trip, and the historical experience has been that the matter would be taken up by the person legally with both the property owner and the city, because it is a city sidewalk.
Gilmour also brought the point forward that it was his understanding, after speaking with the City Attorney Brooke Newby, that because this matter involves private property, the ramp does not require any railing based on the Fire Marshal’s determination, relative to ADA Compliance, and that the owner would have to agree to install one. Gilmour stated that he did not believe that council could legally tell the owner that he had to install a railing, in the event that the encroachment was not granted. However, Gilmour later added that he believed that council could suggest the warning or railing for people coming out, but it would ultimately be the decision of the property owner.
Gilmour said that the two issues before council were: was council willing to grant the encroachment, and what it would potentially mean as far as setting a precedent, as well as what potential issues could come back to the city and the property owner if the encroachment was not granted; for example, access.
City Attorney Newby requested that she be allowed to further research the ADA requirements with the Fire Marshal, as well as Wood, to inquire as to if there are any other conditions that the city could impose if it decided not to grant the encroachment. It was the decision of council to table this issue until their next regular meeting, pending additional legal review.
During the public comments section, Lannette Tomlin and Michael Tomlin, of the Clover Wine Merchant, the business awaiting to open at the 907 Carroll Street location, addressed council, asking that they would consider letting the business do, what they referred to as a “pop up,” over the weekends, while waiting for the building. Gilmour recommended to council that they authorize the business to host a special event limited to the front of the 907 Carroll Street location. The special events permit, Gilmour continued in recommendation, would be authorized for each weekend, starting this weekend, for 30 days, and that the special events fee would be waived, due to the unforeseen issues that the business owners have encountered. Council authorized Gilmour’s recommendation unanimously.
In other business, the meeting also saw the authorization of an intergovernmental agreement between the city and the Perry Public Facilities Authority, which involved a bond purchase agreement, with the bond amounting to $ 4,336,900. City Manager Lee Gilmour informed that this agreement would provide for the funding of two major city projects: one being the purchase of the property in Downtown Perry, commonly known as the Old Courthouse, and the anticipated renovation work to the building. Second, were repairs to what Gilmour referred to as the Perry Branch Portion of the water and sewer system. Gilmour reminded council that the issues with this part of the system have been going on for a long time, and this funding would be used to correct these problems “once and for all.”
In a special called meeting at 5:30 p.m. Tuesday evening, the Perry Public Facilities Authority, approved the agreement, leaving council to make a decision during their 6 p.m. meeting. Council approved the agenda item unanimously.
Also on the agenda were two items of old business, which pertained to property located at 138 Talton Road. The first was the second reading of an ordinance that would allow for the rezoning of the lower half of the property from planned Unit Development to R2-A, single family residential. Wood noted that there were two conditions recommended on the ordinance, one being that the development must only be single family detached residential dwellings, and secondly, that all of the lots tie into a public sewer system when the system is available.
The second item relative to this address was also a second reading of an ordinance which would rezone the northern half of the property from Planned Unit Development to R-3, multifamily residential. Wood informed the same conditions would apply to this zoning request as listed out in the previously presented ordinance. Wood said that both the planning commission and staff recommended the approval of both ordinances. Council unanimously approved both items with a voice vote.
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