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HomeMy Public PortalAbout9/10/2002City of Greencastle City Hall One North Locust Street P.O. Box 607 Greencastle, Indiana 46135 Pamela S. Jones Clerk- Treasurer GREENCASTLE COMMON COUNCIL REGULAR SESSION TUESDAY, SEPTEMBER 10, 2002 7:00 P.M. CITY BALL The Greencastle Common Council met in Regular Session Tuesday, September 10, 2002, 7:00 p.m. at City Hall. Mayor Michael called the meeting to Order at 7:10 p.m. On the Roll Call the following were found to be present: Councilor Roach, Councilor Hammer, Councilor Sedlack, Councilor Liechty and Councilor Rokicki. Public Petitions and Comments Amy McDaniels, Alpha Phi representative, was present to request a Noise Ordinance Waiver for October 4th through October 6. This event is the Teeter - Totter Philantrophy and will be held at Bowman Park from 12:00 p.m. Friday to 12:00 p.m. Sunday. Councilor Hammer stated they must agree to turn down the music if requested by DePauw Security or the City Police, Councilor Rokicki made the motion to approve with the above- stated stipulations, seconded by Councilor Liechty. Department Reports Fire Chief Newgent and Police Chief Hendrich were both absent. Mayor Michael stated that two bids for the Mobile Data Units were opened today. Mayor Michael asked Councilor Hammer and Councilor Sedlack to sit on the committee to go over the information. Councilor Sedlack asked the date and time. Mayor Michael stated she would have to get back with him. Councilor Rokicki stated he has some pictures of unkept properties and asked about condemnation. Attorney Robertson stated that "unsafe building" was the correct term. Attorney Robertson further stated that this is something that takes time and money. Mayor Michael suggested setting up a subcommittee to discuss these issues. City Planner Lisa Von Tress stated there is a structure in very bad shape on West Washington Street also. The committee will consist of Councilor Roach, Attorney Robertson, Lisa VonTress, Mayor Michael, Councilor Rokicki and Tom Arthur. Councilor Sedlack questioned Building Commissioner Arthur about the "partial certificate of occupancy" for DePauw. BC Arthur stated this allows DePauw to move in and utilize the portion of the building that is complete, but still allows for final inspection once the structure is complete. Councilor Roach questioned the fountain on College Street stating the agreement was that this was to be left open so that the fire trucks could get through. Councilor Sedlack stated this was a "plaza ". Councilor Roach requested this be checked into. City Planner VonTress stated that DePauw will be paving between Larabee and Hanna Streets on Jackson Street next week. Councilor Roach asked that DePauw contact the necessary City departments. Councilor Sedlack asked if U.S. Cellular has notified the neighbors regarding the cell tower. Planner VonTress stated she does not know. Mayor Michael thanked Street Commissioner Miles and Street Department employees for placing flags around the City in preparation for the September 11 programs. Street Commissioner Miles reported that they were under budget on asphalt overlay and he has had some other small streets done using the excess money. Street Commissioner Miles reported he has had several trees evaluated by a licensed arborist and there are several trees that will need to come down. Councilor Sedlack thanked Street Commissioner Miles and employees for cleaning up the dirt, rock, etc from the Anderson Street entrance to the park. Councilor Sedlack asked Park Director Rod Weinschenk how the negotiations with Pepsi is going and where the Park Board is on this issue. Board member Leslie Hansen stated the Park Board is still considering that request and the contract is being reviewed by the City Attorney. Councilor Rokicki stated opinions differ and he commended Director Weinschenk and the Park Board stating they are doing a good job in improving the park and City for the citizens to go and have fun. Director Weinschenk stated the issue of security cameras in the Park has come up. He has checked with HOP on the cost which will be approximately $29,116.00. These monitors could not be watched 24 hours a day, Director Weinschenk continued, and that could cause some liability issues for the City. Director Weinschenk stated he and Police Chief Hendrich have discussed the complaints and are in agreement that security cameras are not needed in the Park. Water Superintendent Dale was questioned about a gate at the Water Plant. Superintendent Dale stated he received a quote of $140,000.00 for the gate and if it does not meet Federal Guideline, they will have to redo the project. Councilor Hammer made the following correction to August 5, 2002, Special Session Minutes: Page 2, third paragraph should read: "is only ", not "in only ". Councilor Sedlack made the following corrections to the August 29, 2002, Special Session Minutes: the Vote count for Resolution 2002 -34 was 3 -0, Ordinance 2002 -9, vote count was 3 -0 and Ordinance 2002 -11, vote count was 4 -0, not unanimous. With those corrections, Councilor Hammer made the motion to approve the minutes with corrections from August 5, 2002, Special Session; August 12, 2002, Special Session and August 29, 2002, Special Session, seconded by Councilor Sedlack. ® Vote was unanimous. Motion to approve City claims was made by Councilor Hammer, seconded by Councilor Liechty. Vote was unanimous. Family Support Services representative Elizabeth Butts was present to request approval to tie purple ribbons around the Courthouse square in observance of Domestic Violence Awareness Month. Councilor Roach asked that they be sure to remove them. Motion to approve made by Councilor Roach, seconded by Councilor Rokicki. Vote was unanimous. A letter from Greencastle Lodge No. 1077 requesting street closing on Indiana Street from Washington Street to Franklin Street and Franklin Street from Indiana Street to Jackson Street for a September 11 Ceremony was read by Mayor Michael. Motion to approve the closing of the above streets from 5:30 p.m. to 7:00 p.m. on September 11, 2002 was made by Councilor Hammer, seconded by Councilor Rokicki. Vote was unanimous. A letter from Rolling Thunder Chapter 4 Indiana requesting to close Franklin Street between Jackson Street and Indiana Street on October 5, 2002 from 2:00 p.m. to 5:00 p.m. for a Bike Show was approved on a motion by Councilor Roach, seconded by Councilor Liechty. Vote was unanimous. A request from Cheryl Salsman to exempt the parking regulations on the south side of Berry Street and permission to close Warren Street between Highland and Berry Street, October 5, 2002 for the Berry Street Flea Market was presented to the Council. Motion to approve made by Councilor Roach, seconded by Councilor Liechty. Vote was unanimous. Ordinance 2002 -6, An Ordinance Establishing School Zone Speed Limits Within the City of Greencastle, Putnam County, Indiana, second reading. Motion to approve made by Councilor Roach, seconded by Councilor Liechty. Councilor Hammer questioned why Avenue B, C, & D are included and Avenue E and F have been removed. Mayor Michael stated this was an error and they should be included in the Ordinance. Street Commissioner Miles stated Avenue E & F are marked with 20 mph School Zone signs. Councilor Hammer made the motion to amend Ordinance 2002 -6 by adding the following: 2a. Shadowlawn from Redbud, instead of Dogwood, to 150 feet West of Robinwood and add Avenue E to 150 feet east of Percy Julian Drive and Avenue F in its entirety. Councilor Sedlack seconded the motion. This amendment was accepted by Councilor Roach and Councilor Liechty. Councilor Rokicki stated he does not feel there should be changes made on the second reading of an Ordinance. By second reading it should be presented in approval form. Vote on the amendment was unanimous. Vote on the amended Ordinance was unanimous. Ordinance 2002 -9, An Ordinance Fixing the Salaries of Elected Officers of the City of Greencastle for the Year 2003, second reading. Motion to approve made by Councilor Roach, seconded by Councilor Sedlack. Mayor Michael stated she would veto the Ordinance stating she ® will not accept a $7,000.00 (seven thousand dollar) raise. Councilor Roach stated she doesn't have to accept the whole salary, she can donate it back to the City if she wants, but this gets the pay for the positions of Mayor and Clerk- Treasurer to an acceptable level for now and the future. Vote as follows: Councilor Roach, yes; Councilor Hammer, no; Councilor Sedlack, yes; Councilor Liechty, no and Councilor Rokicki, no. Ordinance 2002 -9 fails by a 2 -3 vote. Ordinance 2002 -10, An Ordinance Governing the Operation of Unlicensed Vehicles, second reading. Mayor Michael stated that the fee set in Section 6 is $35.00 per year. Councilor Rokicki stated the cost is derived from the cost of four (4) signs at a cost of $22.00 to $80.00. Mayor Michael questioned signage. Councilor Rokicki stated Chief Hendrich wants signage and will hand out a copy of the Ordinance when a car is registered. Councilor Sedlack stated the last section should be 13 (thirteen) not 14 (fourteen). Motion to approve made by Councilor Rokicki, seconded by Councilor Sedlack. Vote was unanimous. Ordinance 2002 -11, An Ordinance for Appropriations and Tax Rate, second reading. Motion to approve made by Councilor Hammer, seconded by Councilor Roach. Vote was unanimous. Ordinance 2002 -12, An Ordinance Reducing the Speed Limits Within the City of Greencastle, Putnam County, Indiana, first reading, was read by Mayor Michael with several corrections. Councilor Sedlack made the motion to approve. It seemed there would not be a second and Councilor Sedlack asked for an explanation as to why Councilors added streets to this Ordinance and then no one is willing to second the motion. Councilor Roach stated he would second the motion to allow discussion. Councilor Sedlack stated he asked for three streets to be placed on this Ordinance; Seminary from Bloomington to Wood Street - to be lowered from 30 mph to 20 mph and Locust Street from Seminary to Berry and Anderson Street from Locust to Bloomington Street, due to the fact they are already signed 20 mph. Councilor Sedlack continued that the Seminary Street Neighbors have been attending meetings for over a year now trying to get this issued resolved and we need to take care of this issue. Councilor Hammer stated he added five streets that are already signed 20 mph which includes: Hillcrest Drive from Arlington Avenue to Shadowlawn Avenue, Crescent Drive from Hillcrest to its terminus, Meadow Drive from Hillcrest to Crescent Drive, Vale Street from Albin Pond road to Crescent Drive and Crescent Court from Crescent Drive to its terminus. Councilor Hammer stated he can't support the Ordinance as written. Councilor Roach stated he added the "jingle bells" stating he looked at all the streets in his ward and they had the same issues as Seminary; children and speed along with the addition of semi - trucks. Seminary Street, continued Councilor Roach, does not have semi's. Councilor Roach then asked Street Commissioner Miles what the cost of changing all the street signs to 20 mph would cost. Street Commissioner Miles stated it would cost approximately $24,000.00. Councilor Roach then stated that on Walnut Street from Indiana Street to Vine Street in front of the Post Office is 30 mph. Councilor Roach asked Chief Hendrich what he would do if someone actually traveled 30 mph through there? Councilor Roach answered his own question stating they would probably receive a ticket for reckless driving - would they not, he asked Chief Hendrich. Chief Hendrich shook his head in agreement. Councilor Roach then stated that what we have is not a speeding issue, but an enforcement issue. If we can't enforce the speed limit we have, why would you want to make it lower? Councilor Liechty stated he used Seminary Street as a standard and added streets in his ward that were like Seminary Street. Councilor Rokicki told the story of "Odd" and how "Odd" was always odd because of his name. We had one request to make a speed limit change, Councilor Rokicki continued, and we ended up with a "Christmas Tree ". Are some of the speed limit changes justified, Councilor Rokicki asked. How can we enforce 20 mph if we can't enforce 30 mph? Councilor Rokicki also warned the citizens that making a street 20 mph does not make it safer. Councilor Rokicki asked Attorney Robertson if it is even legal to change all of these. Attorney Robertson stated that I.C. 9- 21 -5 -2 sets speed limits in urban areas at 30 mph. I.C. 9- 21 -5 -6 states the local governing body can change the speed limits with an engineering and traffic study that warrants the decrease or increase in speed limit. I.C. 9- 13 -2 -73 defines what a street is. Attorney Robertson further states that an engineering study was done by A & F Engineering and it was found that 30 mph is warranted on Seminary Street with 20 mph for school zones. Councilor Roach asked if it is Attorney Robertson's legal opinion that we would be breaking the law if this Ordinance is passed. Attorney Robertson stated they would not be following Indiana Code. Several Seminary Street residents spoke to Council stating they feel the Council lacks concern for the children in the area, etc. Councilor Sedlack made a substitute motion to amend the Ordinance to include the following streets: Hillcrest Drive from Arlington Avenue to Shadowlawn Avenue, Crescent Drive from Hill crest to its terminus, Meadow Drive from Hillcrest to Crescent Drive, Vale Street from Albin Pond Road to Crescent Drive, Crescent Court from Crescent Drive to its terminus, Locust Street From Seminary to Berry, Seminary Street from Bloomington to Wood Street and Anderson ® Street from Locust to Bloomington Street. Councilor Hammer seconded the motion. Vote as follows: Councilor Roach, no; Councilor Hammer, yes; Councilor Sedlack, yes; Councilor Liechty, no and Councilor Rokicki, yes. The substitute motion passed on first reading 3 -2. Ordinance 2002 -13, An Ordinance Establishing Election Districts for the City of Greencastle, Putnam County, Indiana, first reading. Mayor Michael stated this Ordinance is required by the State. The City is now required to redistrict according to census blocks. Motion to waive reading of Ordinance 2002 -13 was made by Councilor Hammer, seconded by Councilor Rokicki. Vote was unanimous. Motion to approve made by Councilor Rokicki, seconded by Councilor Roach. Vote was unanimous. Mayor Michael stated discussions regarding JOink wireless internet are still ongoing. JOink is interested in locating on existing towers at the Street Department and Water Tower. Motion to adjourn at 10:13 p.m. was made by Councilor Roach, seconded by Councilor Sedlack. Vote was unanimous. / Nancy A. hael, Mayor ATT ST: /� l Pamela S. Jones, Cle reasurer