HomeMy WebLinkAboutMinutes BZA 12-22-0311�IIIIV!`' ca q�
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N °A1011
Carmel /Clay Advisory Board of Zoning Appeals
Regular Meeting
Monday, December 22, 2003
The regularly scheduled meeting was held at 7:00 PM in the Council Chambers of Carmel City Hall on
December 22, 2003. Those members in attendance: Leo Dierckman, Nick Kestner, Michael Mohr, and
Earlene Plavchak, thereby establishing a quorum. Charles Weinkauf was absent. Department of
Community Services Staff in attendance: Director Mike Hollibaugh and Planning Administrators Jon
Dobosiewicz and Angie Butler. John Molitor, Legal Counsel, was also present.
Mr. Dierckman moved to approve the minutes from the November 24, 2003 meeting. The motion was
seconded by Mrs. Plavchak and APPROVED 4 -0.
Mr. Molitor gave the Legal Report. The Plan Commission did authorize the staff to file the necessary
documents to reconstitute the Plan Commission effective January 1, 2004 as an eleven member
commission, which would have two members appointed by the County Commissioners. As a result,
the seat that Mr. Kestner now holds would be taken by one of those two members as a Plan
Commission appointee. The attorneys have had arguments in a couple of the pending lawsuits. The
hearing on the more recent Martin Marietta case was held this afternoon, December 22, 2003, and they
should know something about that case next month. Judy Hester was also present. She argued for the
City at the U.S. Court of Appeals in Chicago in the lawsuit brought by Sprint.
Mrs. Hester gave a brief background of the Sprint case. The District Court dismissed the case. Sprint
appealed the matter to the Seventh District Court in Chicago. The case was argued December 8, 2003.
It appears that the case will hinge upon whether they will extend the case into the Telecommunications
Act. They will know the decision probably in February or March.
Mr. Dobosiewicz gave the Department Report. There was one correction on the agenda. Items 17 -20h
have been withdrawn. These items, as well as Items 8 -1 lh and 12 -16h, will be addressed by the
Department the beginning of 2004 through an Ordinance Amendment that will go through the Plan
Commission.
H. Public Hearing
lh. Lakeside Park, Section 1, Block A- Amenity Area (SU- 108 -03/ #03110001)
The applicant seeks the following Special Use approval:
SU- 108 -03 903110001 §5.02 private recreational development or facility
The site is located at southwest 141st St Towne and is zoned S -1 /Residence Estate.
Filed by Dawn Barnett of Drees Homes.
Present for the Petitioner: Dawn Barnett, Drees Homes, 6650 Telecom Drive, Suite 200, Indianapolis,
IN. Angie Merit with Drees Homes was also present.
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Carmel/Clay Advisory Board of Zoning Appeals
December 22, 2003
Page 2 of 10
The cottage -style pavilion will be located just inside the entrance off Towne Road. A color rendering
was shown. It will be 1381 square feet and will have men and women's restrooms and a storage and
pool equipment room with a breezeway. It also has a large terraced area with overhead trellises. The
pavilion will be constructed of brick, stone, shake shingles and wood siding. The pool located directly
behind the pavilion will be 2100 square feet, which will allow for four lanes for future swim club.
Since the pool is over 2000 square feet they are required by the State of Indiana to have a lifeguard
present during pool hours. A six -foot aluminum wrought iron type fence will surround the pool area
and kiddies pool. Landscaping around the pool and pavilion will be in compliance with the Carmel
Ordinance. There will be plenty of buffers between the parking lot and the playground and the lots
behind them. The playground will be located behind the pavilion and pool with a large play structure
with a swing set.
Members of the public were invited to speak in favor or opposition to the petition; no one appeared.
Mr. Dobosiewicz gave the Department Report. The petition is in compliance with all applicable
requirements and recommend approval subject to receipt of a recorded commitment indicating life
guarding for the pool.
Mr. Dierckman moved to approve SU- 108 -03, Lakeside Park, Section 1, Block A- Amenity Area.
The motion was seconded by Mrs. Plavchak and APPROVED 4 -0.
2h. Weston Pointe- Special Use (SU- 102 -03/ #03100018)
The applicant seeks approval to build townhomes in the R -4 Zone.
SU- 102 -03 #03100018 10.02 special use
The site is located northeast of 106 Street and US 421.
The site is zoned B -2 /Business and R -4 /Residence, within the US 421 Overlay Zone.
Filed by Dennis Olmstead of Stoeppelwerth Associates for Pittman Partners, Inc.
Present for the Petitioner: Steve Pittman, Pittman Partners, Inc. and Neil Smith also of Pittman
Partners.
Rezone and Primary Plat approval have been received. An aerial photo was shown. It is almost 35
acres, located north of 106' Street and Michigan Road and south of 116 Street. It is south of and
adjacent to Altum Gardens. The front fourteen acres were rezoned to B -2 and the back 20 acres to R -4.
Tonight's Special Use is for the back twenty acres. A site plan was shown. The entry boulevard will
come in off Michigan Road, to a depth of approximately 800 feet before entering the R -4 zoned
property. There will be approximately 130 townhomes on the property.
Members of the public were invited to speak in favor or opposition to the petition; no one appeared.
Mr. Dobosiewicz gave the Department Report. The Department is recommending favorable
consideration.
Mr. Dierckman moved to approve SU- 102 -03, Weston Pointe- Special Use. The motion was seconded
by Mrs. Plavchak and APPROVED 4 -0.
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December 22, 2003
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3h. Hamilton Crossing West, Building 3 (V- 110 -03/ #03110005)
The applicant seeks approval for two signs facing US 31.
V- 110 -03 #03110005 25.07.02 -10(b) signs per frontage
The site is located at 12800 North Meridian Street. The site is zoned B -2 /Business
within the US 31 Overlay Zone.
Filed by Elizabeth Hobbs of Krieg Devault LLP for Duke Realty Corporation.
Present for the Petitioner: Elizabeth Hobbs, 12800 N. Meridian Street, Suite 300, Carmel, IN. The
property is located at the NW corner of the intersection of US 31 and 126 Street. It is a four -story
multi- tenant building. The building has two street frontages, US 31 and 126 Street. According to the
Sign Ordinance, it is allowed one sign for each frontage on a public street. A building owner with two
or more frontages may elect to transfer a permitted identification sign from one frontage to another to
permit up to two signs per single frontage provided that the two signs be configured to have one wall
mounted and one ground mounted. The petitioner is requesting the variance to transfer a permitted wall
identification sign facing 126 Street to the building's US 31 frontage to permit two wall mounted
signs on the building's US 31 frontage. The strict application of the Ordinance would result in practical
difficulties for visibility for tenants. Both signs meet the Sign Ordinance and received ADLS approval
for their designs. Changes were made during the ADLS process to address the committee's concerns.
Members of the public were invited to speak in favor or opposition to the petition; no one appeared.
Mr. Dobosiewicz gave the Department report. The Department is recommending favorable
consideration. This petition is similar to others that the Board has seen in previous years, with regard to
larger professional buildings within the US 31 corridor.
Mrs. Plavchak moved to approve V- 110 -03, Hamilton Crossing West, Building 3. The motion was
seconded by Mr. Dierckman and APPROVED 4 -0.
4 -5h. Carey Addition, Lot 3 (V- 111 -03/ #03110006 and UV- 112 -03/ #0311000')
The applicant seeks the following Development Standards Variance:
V- 111 -03 903110006 §27.05 parking spaces required
The applicant also seeks the following Use Variance:
UV- 112 -03 903110007 §8.01 permitted use
The site is located at 110 3rd Ave NE. The site is zoned R -2 /Residence within the Old
Town Overlay Zone, Character Sub district.
Filed by Jan Long and Christina Mowery for Two Sisters, LLC.
Present for the Petitioner: Christina Mowery and Jan Long from Two Sisters, LLC.
The home was purchased to use as a rental. Instead, they want to use it as the office for their marketing
business. They are requesting a sign for the house. They have plenty of parking in the driveway and
would not need any street parking. There are no other buildings on the block that face
3 rd Avenue.
Members of the public were invited to speak in favor or opposition to the petition; no one appeared.
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Carmel/Clay Advisory Board of Zoning Appeals
December 22, 2003
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Mr. Dobosiewicz gave the Department Report. All TAC issues have been resolved. The Department
recommended that there be no modifications to the exterior of the building. The Department
recommends favorable consideration for both petitions.
Mr. Dierckman asked if any neighbors had talked to them.
Ms. Mowery responded that they only have one neighbor and she is happy with them.
Ms. Long stated they are close to the Carmel High School parking lot
Ms. Mowery stated that since they had started fixing up the property, the high school students were
friendly to them.
Mr. Dierckman asked if this Use Variance is limited to this owner.
Mr. Dobosiewicz stated that it is not limited to ownership, but is limited to use as a professional office
with no exterior changes.
Mr. Kestner asked about the type of marketing business.
Ms. Long stated that they have a birdfeeder that they sell primarily to K -Mart and Wal -Mart. It is
manufactured and shipped from a separate workshop.
Mr. Dierckman moved to approve V- 111 -03, Carey Addition, Lot 3. The motion was seconded by
Mrs. Plavchak and APPROVED 4 -0.
Mrs. Plavchak moved to approve UV- 112 -03, Carey Addition, Lot 3 with the condition there would
be no new exterior modifications, except for a sign. The motion was seconded by Mr. Dierckman and
APPROVED 4 -0.
Mr. Dobosiewicz stated that if the property reverts back to a single family residence, the Use Variance
would no longer be in effect.
6h. Briar Creek, Block 1, Lot 11 (UV- 113 -03 #03110008)
The applicant also seeks the following Use Variance:
UV- 113 -03 903110008 §6.01 permitted use
The site is located at 10495 Lakeshore Place. The site is zoned S -2 /Residence.
Filed by John Smeltzer of Bose McKinney Evans LLP for Aspen Prairie Homes.
Present for the Petitioner: John Smeltzer and Jeff Heer of Aspen Prairie Homes were present. Mr. Heer
is the owner of Aspen Prairie Homes and has worked in the mental health field for twenty -two years.
He has a Masters in counseling and works closely with healthcare professionals in the field of
geriatrics. Mr. Smeltzer handed out four letters in support from health professionals.
Although the definition of single family dwelling in the Carmel Ordinance allows up to eight
developmentally disabled individuals to reside in this home, it does not address the needs of the
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Carmel/Clay Advisory Board of Zoning Appeals
December 22, 2003
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elderly. This home houses four elderly adults aged between 69 and 90. They receive 24 -hour care from
one to two caregivers. The caregivers work twelve -hour shifts and park their vehicles in the garage at
the home. Pictures of the home were indicated. It is well maintained, has no signage and appears no
different than any other home in this neighborhood. Mr. Smeltzer read from one of the supporting
letters describing the eldercare concept. The care is best accomplished in a home setting with a
schedule to meet their needs. This is an alternative to institutionalized care.
Dr. Malaz Boustani, 12511 Wolford Drive, Fishers, IN, Assistant Professor of Medicine at IU School
of Medicine and scientist at IU Center for Aging Research. He is a geriatrician by training and carries a
Masters in public health. His area of expertise includes dementia care in primary care setting and long-
term care setting. He is currently working with the Alzheimer's Association to identify factors that
improve quality of care for dementia patients. He gave an overview of dementia care options. Patient
centered care will improve their quality of life.
Members of the public were invited to speak in favor or opposition to the petition.
No one appeared in favor of the petition.
Opposition Organized:
Curtis H. Robertson, President of Woodlands Homeowners Association, 10815 Lakeshore Drive East.
He has been in the area over 30 years and it has always been a single family community. People
become old, sell their home and others move in. He would have had serious doubts about purchasing a
home in that area with a business in the neighborhood. The Homeowners Association eleven- member
Board of Directors voted unanimously to remonstrate against the petition. They represent over 400
homeowners.
Opposition Individual:
Gary Selig, 10481 Lakeshore Drive East. He is an attorney in private practice at Keystone at the
Crossing. He does not represent any homeowners association, but is here as an individual. Bose
McKinney Evans represents the City of Carmel. When he pointed this out to Mr. Smeltzer, Mr.
Smeltzer did not feel it was a conflict of interest. He does not believe this petition meets the statutory
requirements of Indiana Code 3674918.4. He has not heard any evidence in support of the variance
points. He hasn't heard a plan for safety. He believes that it would affect property values. This is not a
permitted use in an R -3 or R -4.
James Treen, 10491 Lakeshore Place, adjoining property owner to the north. These people did not seek
permission and moved in with complete disregard for the zoning regulations. They required the
homeowners to make the effort to remove them. This is a quiet small cul -de -sac with five families.
They are grossly affected by this organization. This is a blockbuster. Approval of this petition would
open every single family ranch home in Carmel to this particular abuse. There are other ways to handle
the elderly. Traffic has increased at all times, with employees, visitors, and deliveries. It is an absent
landlord and property is not maintained.
Daniel K. Burns and wife Michelle, 10483 Lakeshore Place, directly across the street from this
commercial business. Fifteen year residents of the cul -de -sac and have to deal with the day -to -day
matters, such as stench of disinfectant, medical waste, minimum wage people that change by the week,
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Carmel/Clay Advisory Board of Zoning Appeals
December 22, 2003
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showing up at all hours, cars in the driveway and cul -de -sac from employees and visitors. They should
not have to deal with this; this is not what Carmel is zoned for.
Jack Harris and wife Juanita, 10511 Lakeshore Drive East, adjacent south neighbors for 26 years.
Normally when someone buys a home with this purpose in mind, they do the things in the proper order
and obtain the proper variances. This was not done until the homeowners came to the City.
Maintenance of the property is not in the quality of others. He shared information from a letter from a
50 -year Indianapolis realtor. It could affect property values 15 -25 As a property owner, they would
need to notify any potential buyer of this business.
Charles M. Lane, 10487 Lakeshore Place, two doors down from the property. They purchased their
home a year ago. If they had known about this business, they would not have purchased this home.
People are coming and going, as well as fire trucks and emergency equipment.
Mr. Mohr asked if they moved in without permits, what brought this to light?
Mr. Dobosiewicz stated that the public registered a complaint.
Mr. Mohr asked how long the business had been up and active before this happened?
Mr. Dobosiewicz was uncertain, but estimated 6 -9 months.
Mr. Lane continued. He stated they had a meeting with the gentleman. Mr. Lane believes he could not
get a mortgage and is leasing the property. Mr. Lane had called the Health Department. The business
owner stated he had permits.
Marguerite C. Treep, 10491 Lakeshore Place. She and other homeowners made numerous phone calls
and got the run around. This is not a familiar surrounding for any of the patients. There is such a
change in staff, which has to be disruptive. She has seen the employees screaming and yelling at the
patients. Drivers for the staff come late at night and sit in the driveway and blow the horn. She does not
believe the patients receive good care. She wonders how one employee could evacuate four confused
people in a fire or other emergency in the night. She feels the Board has been mislead about care.
Rebuttal:
Mr. Smeltzer reviewed the Findings of Fact sheet. He did not feel there would be more traffic than a
family with children with cars. There is professional staff to care for the residents. The stench of
disinfectant and medical waste is very unlikely. The remonstrators did call the Health Department on at
least three occasions and the property was inspected. The home is being purchased on contract. It has
been in operation approximately eleven months. They had four letters from people in this field and all
feel that Aspen Prairie runs a good operation. They have five doctors who feel this is a good facility.
He did not feel this had been refuted by lay testimony.
Mr. Mohr asked who owns the home?
Mr. Smeltzer stated that it is owned by an individual who owns a mortgage company, Khari Nixon,
Acacia Mortgage Inc. It is a contract sale.
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Carmel/Clay Advisory Board of Zoning Appeals
December 22, 2003
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Public Hearing was closed.
Mr. Dobosiewicz gave the Department report. He brought up two things for the Board's consideration.
He quoted from the Zoning Ordinance the definitions of nursing /retirement /convalescent facility and of
dwelling, single family home. The Department had given favorable consideration with the
recommended conditions of a maximum of four occupants, no signage, the exterior of the home be
kept residential in appearance and parking for employees in garage or drive only. The Department felt
that there was some middle ground between those two definitions in the Ordinance. He believed the
testimony brought by the public was very valid. The Department would not recommend favorable
consideration, if the information provided by the public were accurate. The favorable recommendation
had been made subject to conditions. He felt the Board should take the two definitions into full
consideration, as well as the testimony provided.
Mr. Dierckman agreed with the conditions outlined by the Department, but he would add that this
petition be granted only for a period of sixty days to provide enough time to relocate the elderly
persons. He does not feel this location is appropriate for this purpose. In other circumstances there
have been buffer properties where a variance might be applicable.
Mr. Kestner asked if Aspen Prairie had these facilities any other place that showed the positive things
being done?
Jeff Heer, 10974 Wintercove Way, Fishers, IN. This is not the first house. They have been in business
for a little over 3 years. They relocated to this location from Indianapolis.
Mrs. Plavchak asked if there were other homes operating in Hamilton County?
Mr. Heer replied that there is another located at 10713 Lakeshore Drive East in Carmel and is
registered with the City.
Mrs. Plavchak asked if the City was aware of the other location and was it in the process of coming
before the Board for approval?
Discussion followed regarding the second location.
Mrs. Plavchak asked the Department to investigate the facility located at 10713 Lakeshore Drive East
and send the appropriate violation letter.
Mr. Dierckman moved to approve UV- 113 -03, Briar Creek, Block 1, Lot 11, for a period of 60 days
with the conditions stated by the Department. Mrs. Plavchak seconded the motion.
Discussion followed regarding the outcome of a positive or negative vote.
Mr. Molitor recommended not making suggestions to improve something the Board wants to deny
permanently. If there are Findings of Facts to justify a denial, those can be made. If the Board wants to
give direction to the Department as to how much time to give the owner to come into compliance, that
is a separate issue.
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Carmel/Clay Advisory Board of Zoning Appeals
December 22, 2003
Page 8 of 10
Mr. Dierckman withdrew his motion. Mrs. Plavchak withdrew her second.
Mr. Dierckman moved to approve UV- 113 -03, Briar Creek, Block 1, Lot 11. The motion was
seconded by Mrs. Plavchak and DENIED 0 -4, with Mr. Dierckman, Mr. Kestner, Mr. Mohr and Mrs.
Plavchak casting the opposing votes.
7h. Claybourne, Section 2, Block L- Amenity Area (SU- 114 -03 403110009)
The applicant seeks the following Special Use approval:
SU- 114 -03 903110009 §5.02 private recreational development or facility
The site is located at northwest 131 Street Shelborne Road.
The site is zoned S -1 /Residence Estate.
Filed by J. Cort Crosby of Schneider Corp. for Boomerang Development LLC.
Present for the Petitioner: Chris Werth with Boomerang Development resides at 11911 Lakeside Drive,
Fishers, IN. Also present was Cort Crosby of Schneider Engineering.
This pool will be for Claybourne and the adjacent Shelbourne Estates, for a total of 258 lots. The
bathhouse will be brick with cedar trim. A six -foot wrought iron type fence will be the enclosure
around the pool. It will be landscaped per the Ordinance.
Members of the public were invited to speak in favor or opposition to the petition; no one appeared.
Mr. Dobosiewicz gave the Department report. The Department is recommending favorable
consideration. The Department needs to receive commitment with regard to the lifeguarding.
Mrs. Plavchak asked about the pool size and lifeguarding.
Mr. Werth responded that the main length would be approximately 25 meters by 30 feet wide, which
does give four swimming lanes. It has an additional 30 by 30 step down shallower area and a 32 -foot
diameter baby pool with a fountain in the middle. State law does require a lifeguard.
Mr. Kestner would like the path in front of the pool house extended north separating the walk and
parking lot or parking bumpers provided for the parking spaces.
Mr. Werth had no opposition to extending the path north. He would prefer widening the path rather
than separating it from the parking lot.
Mr. Kestner moved to approve SU- 114 -03, Claybourne, Section 2, Block L- Amenity Area (SU-
114-03, with condition of adding car bumpers and extending the path to the north. The motion was
seconded by Mr. Dierckman and APPROVED 4 -0.
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Carmel/Clay Advisory Board of Zoning Appeals
December 22, 2003
Page 9 of 10
8 -1lh. THE FOLLOWING PETITIONS HAVE BEEN WITHDRAWN BY THE
PETITIONER:
Carmel City Center, Tract 3 Carmel Schwinn Fitness (V- 115 -03 through V-
118-03; 03110015 through 03110018)
The applicant seeks the following Development Standards Variance approvals for
signage:
V- 115 -03 #03110015 §25.07.02 -10(a) one suspended sign
V- 116 -03 #03110016 §25.07.02 -10(b) 8 identification signs
V- 117 -03 #03110017 §25.07.02 -10(b) 3 identification signs oriented east
toward Monon Greenway (no street frontage)
V- 118 -03 #03110018 §25.07.02 -10(b) 3 identification signs oriented south
toward City Center Drive (max. 2 per street frontage)
The site is located at 625 3rd Avenue Southwest. The site is zoned C -1 /City Center.
Filed by the Department of Community Services for the Carmel Redevelopment
Commission.
12 -16h. THE FOLLOWING PETITIONS HAVE BEEN WITHDRAWN BY THE
PETITIONER:
Carmel City Center, Tract 5 Shapiro's, Phase I (V- 119 -03 through V- 123 -03;
03110019 through 03110023)
The applicant seeks the following Development Standards Variance approvals for
signage:
V- 119 -03 903110019 §25.07.02 -08(b) 27 wall signs (v. 3 permittable)
V- 120 -03 903110020 §25.07.02 -08(b) 13 signs oriented east toward
Range Line (v. 2 permittable)
V- 121 -03 #03110021 §25.07.02 -08(b) 5 signs oriented south toward Fire
Station Dr (v. 2 permittable)
V- 122 -03 #03110022 §25.07.02 -08(b) 9 signs oriented west toward
Veterans Way (v. 2 permittable)
V- 123 -03 #03110023 §25.07.02 -08(c) 106.89 sq. ft. supergraphic wall
sign (v. 45 sq. ft. permittable)
The site is located at 918 South Range Line Road. The site is zoned C -1 /City Center.
Filed by the Department of Community Services for the Carmel Redevelopment
Commission
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Carmel/Clay Advisory Board of Zoning Appeals
December 22, 2003
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17 -20h. THE FOLLOWING PETITIONS HAVE BEEN WITHDRAWN AT THE
REQUEST OF THE PETITIONER:
AMLI at Old Town (V- 124 -03 through V- 127 -03; 03110025 through 03110028)
The applicant seeks the following Development Standards Variance approvals for
signage:
V- 124 -03 903110025 §25.07.02 -13(b) 3 non identification supergraphic
signs
V- 125 -03 903110026 §25.07.02 -09(c) 60- sq. -ft. non identification sign
"Lumber Grain"
V- 126 -03 403110027 §25.07.02 -09(c) 52.5- sq. -ft. non identification sign
"Hardware"
V- 127 -03 #03110028 §25.07.02 -09(c) 55- sq. -ft. non identification sign
"Lofts Apartments"
The site is located at southeast corner of West Main Street and the Monon Greenway.
The site is zoned C -2 /Old Town within the Old Town District Overlay.
Filed by the Department of Community Services for the Carmel Redevelopment
Commission
I. Old Business.
J. New Business
K. Adiourn
Mr. Hollibaugh thanked the Board for their extra time and effort this past year.
Mr. Mohr thanked the Department for making the job easier.
Mr. Dierckman moved to adjourn the meeting. The motion was seconded by Mrs. Plavchak and
APPROVED 4 -0.
The meeting was adjourned at 8:45 PM
Michael Mohr, President
Connie Tingley, Secretary
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