HomeMy Public PortalAbout06-02-1997 - , : • ;, , ; ; , i , i , iA , . -,
1 The Common Council of the City of Richmond, Indiana met in regular$ession at 7:30 p.m. Monday, June 2,
t 1997, in the Council Chambers in said City. Vice President Brucel Wissel presided with the following
Councilmembers present: Howard "Jack" Elstro, Etta Lundy, Sarah "Sally" Hutton, Geneva "Gene" Allen,
Alan Stamper, Bing Welch and Larry Parker. President Bob Dickman was absent. The following business
was had to-wit:
6
7 PLEDGE OF ALLEGIANCE
8
9 PRAYER BY VICE PRESIDENT WISSEL
10
11 ROLL CALL
1
1 c Eight present. Vice President Wissel stated that President Dickman was out of town on business.
1,
1 Councilmember Stamper moved to place Ordinance No. 63 - 1997 on the agenda, second by
16 Councilmember Allen and the motion was carried on a unanimous voice vote.
17
18 APPROVAL OF MINUTES OF MAY 19,1997
19
i The minutes of the May 19, 1997 meeting were unavailable.
PRESENTATIONS OF REMONSTRANCES. PETITIONS. MEMORIALS OR PUBLIC COMMENTS
The Clerk read Resolution No. 6- 1997
6 "WHEREAS, the City of Richmond, Indiana has a Curb and Sidewalk Partnership Program e
;7provides the material and residents provide the labor for curb and sidewalk repair and construction;wh reby and
City
71 9 "WHEREAS, sidewalks and curbs throughout the City of Richmond are in need of repair; and
30
$31 "WHEREAS, it is desirable to assess the extent of curb and sidewalk construction and repair necessary
32 throughout the City and to propose a long term solution to the problem
33
34 "NOW, THEREFORE, be it resolved by the Common Council of the City of Richmond, Indiana, as follows:
35
36 "1. The Street Division is hereby requested to survey all problem curb and sidewalk areas in the City and
37 assess the extent of curb and sidewalk repairs necessary by July 1, 1998.
38
31 "2. Common Council shall appoint a special three person committee comprised of Councilmembers to work
,0 with the Administration in order to determine the funding necessary for curb and sidewalk repair in 1998. The
members of this special committee shall be appointed by the President of Common Council.
4: "3. The special committee referenced above shall also prepare a long term plan to address the curb and
4, sidewalk maintenance and construction and present recommendations to Common Council before the 1999
4. budget process begins."
4.
4 Councilmember Parker said this is his first look at this resolution and feels he needs more time to review it.
4: He moved to hold action on the resolution until the next meeting, second by Councilmember Elstro and the
42 motion was carried on a unanimous voice vote.
52
5 COMMUNICATIONS FROM THE MAYOR
5'
5c Mayor Dennis Andrews said he had distributed a packet of information dated June 2 to Councilmembers
5, which included some information about the resolution and some ordinances which are on the agenda
5. tonight. Reading from a prepared statement (which is on file in its entirety in the Clerk's office) the Mayor
5. requested Council to act upon and pass the Administration's proposed voluntary partnership ordinance for
5 curbs and sidewalks (Ordinance No. 36 - 1997). He said this ordinance does not abandon the City's
5: continuing participation in funding the maintenance of curbs and sidewalks but codifies the existing voluntary
52 partnership program. He stated that the intent of this program, which has been added to the language of the
62 ordinance for purpose of clarification, is to encourage adjoining property owners to repair and upgrade
6 existing curbs and sidewalks at locations where the City agrees such repair is needed.
6'
6: He said he did not favor passage of the curb and sidewalk Ordinance No. 62 - 1997 because its intent is for
64 it to apply only to curbs and sidewalks which do not now exist. The ordinance, he said, also places financial
6. responsibility for maintenance of new curbs and sidewalks in newly developed areas totally on the adjoining
property owners while all other property owners in the City would continue to be eligible for either full funding
of repairs by the City or for the partnership program with the City.
Common Council Minutes Cont'd
June 2, 1997
Page 2
1 The Mayor stated that he also does not favor the passage of the proposed curb and sidewalk resolu ion
2 because it contains a timetable of 2005 for transferring total financial responsibility for curb and side alk
3 maintenance away from the City and onto the adjoining property owners. He said he also does not f. or
4 Council resolving now to fund $250,000 each year for the next seven years. Nor, he said, does he favor he
5 use of the Barrett law to increase the taxes of adjoining private property owners to pay for the total cos of
6 curb and sidewalk maintenance until and unless all other funding avenues and related issues are f Ily
7 evaluated and studied and the City Attorney concludes and recommends the Barrett law procedure i. a
8 legally appropriate and efficient mechanism for ongoing curb and sidewalk maintenance.
9
10 The Mayor further stated that he feels it is important to keep in mind that where much of the curb -nd
11 maintenance work needs to be done is where property owners may least be able to afford the total cos of
12 the repairs. He said if the City should decide to increase the adjoining property owner's taxes for those
13 repairs he believes only a portion of the costs should be added. He said he feels the City should continu- to
14 progress in maximizing the amount of curb and sidewalk work that can be accomplished with avail-.le
15 resources. He said it started with $70,000 in the Motor Vehicle Highway account and by virtue of he
16 infrastructure fund and through donations generated $50,000 in non-tax revenue and obligated $50,00. in
17 EDIT funds. Thus, he said, through a combination of the monies matched to that through a partner ip
18 program it goes from $70,000 to over $250,000 in actual work dollars being dedicated to the partners ip
19 program to curb and sidewalk work.
20
21 The Mayor proposed the following five actions to be taken to pursue and identify a long range plan for curb
22 and sidewalk maintenance beyond the proposed partnership program ordinance:
23
24 1. The City Administration and City Council will evaluate the response and effect of additional funding no in
25 place for curb and sidewalk maintenance, especially the partnership program;
26
27 2. The City Administration will complete a comprehensive assessment of needed curb and sidewalk rep irs
28 in the next year;
29
30 3. The City Administration will present City Council with a budget increase in funding for curb and side .Ik
31 repairs in the 1998 city budget;
32
33 4. The Director of Planning will be directed to make certain the total issue relating to curb and side olk
34 maintenance (i.e. sub-division ordinance, street trees, street lighting, etc.) is a focus of the 1997 public
35 review process of the City's Comprehensive Plan which Ball State University has been contracted to
36 facilitate; and
37
38 5. Both the curb and sidewalk resolution and Ordinance No. 62 - 1997 be deferred for further discussion by
39 the entire Council and Administration rather than be voted on now and both measures be included with .nd
40 additionally evaluated during the 1997 review of the City's Comprehensive Plan. (The report of the Mayo' in
41 its entirety is on file in the City Clerk's office).
42
43 REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY
44
45 Included in the Council packets were the minutes of the meetings held May 8 and May 15, 1997.
46
47 REPORTS FROM CITY DEPARTMENTS
48
49 Bob Goodwin, director of Planning, reported that the City has contracted with Ball State University to
50 conduct a community based projects program. He pointed out a series of meetings will be involved wh ch
51 hopefully will have public input. He stated that a steering committee will be made up of local leaders and t o
52 different sessions will be geared primarily to training those project leaders. He said presently planned or
53 every other Wednesday include discussions of the elements of the land use plan, transportation .nd
54 infrastructure along with public hearings and workshops on alternate Wednesdays. In between times, he
55 said, preparations will be made for the next sessions, adding that the purpose is to determine the values .nd
56 visions determined by the first hearings. And, he said,from those, it is hoped to determine the goals, proj-ct
57 identification and the benchmarking that will be utilized to determine the success of these recommendations
58 as the implementation of the plan proceeds.
59
60 Goodwin said this means two things will be going on at the same time and he sees no less than 14
61 community meetings being held followed by a retreat in November to review the plan and the ordinan.es
62 adding whatever recommendations the Plan Commission and Council wants to see included. He said t is
63 will be the first time since 1968 that there has been actually an updated zoning ordinance and subdivis on
64 ordinance enabling the City to deal with issues such as sidewalks and street lights. Following the November
65 retreat, Goodwin said, he would anticipate public hearings before both the Plan Commission and Coun il.
After the final approval, he said, and the passing of the comprehensive plan and the enforcement tools,
training sessions for the Plan Commission itself will be held on just how to employ those enforcement tools
to make sure the comprehensive plan is administered the way it was intended.
.59.
Common Council Minutes Cont'd
J�
Flag e_3
1 In answer to a question by Councilmember Stamper, Goodwin said it is hoped the input of Council will be as
2 members of the Steering Committee. Councilmember Elstro stated that he would assume a schedule will be
3 put out as to when and where the upcoming meetings will be held and Goodwin said that was what is
4 planned.
5
6 REPORTS FROM SPECIAL COMMITTEES
7
8 REPORTS FROM STANDING COMMITTEES
9
10 REPORTS FROM ORGANIZATIONS
11
12 MISCELLANEOUS BUSINESS
3
4 Vice President Wissel announced that due to several Councilmembers attending the A.P.P.A. conference in
5 Toronto as Richmond Power& Light Board members the next meeting will be delayed one week and will be
6 held Monday,June 23, 1997.
7
8 ORDINANCES
9
'0 ORDINANCES ON FIRST READING
'1
'2 Councilmember Elstro moved to suspend the rules and read Ordinances No. 52, 57, 58, 59, 60 and 62 -
'3 1997 on first reading by title only, and Ordinances No. 61, 62 and 63 - 1997 in their entirety, second by
'4 Councilmember Lundy and the motion was carried on a unanimous voice vote.
'5
'6 ORDINANCE NO.52-1997
'7
'8 The Clerk read Ordinance No. 52 - 1997 - A SPECIAL ORDINANCE VACATING THAT PORTION OF
'9 NORTH 14TH STREET LOCATED NORTH OF NORTH "J"STREET
'0
111 1 Vice President Wissel announced Ordinance No.52- 1997 would go to the Planning Commission.
2
.3 ORDINANCE NO.57 - 1997
4
.5 The Clerk read Ordinance No. 57 - 1997 - A GENERAL ORDINANCE AMENDING CHAPTER 154 OF THE
6 CITY OF RICHMOND CODE AND ESTABLISHING IMPROVEMENT LOCATION PERMIT FEES AS
7 PROVIDED FOR BY CITY OF RICHMOND CODE
8
9 Councilmember Elstro moved to suspend the rules and advance Ordinance No.57- 1997 to second reading,
•0 second by Councilmember Hutton and the motion was carried on a unanimous voice vote.
•1
2 The Clerk read Ordinance No. 57- 1997 on second reading.
3
4 Vice President Wissel declared Ordinance No. 57 - 1997 on public hearing. Bob Goodwin explained this
•5 ordinance is a result of a request by the Wayne County Assessor, along with other incorporated
6 communities in Wayne County, to implement improvement location permits for farm structures within the
•7 two-mile fringe area. He said this was not done in the past because there is no standard for them as far as
•8 issuing building permit and they are not inpected. However, Goodwin said, this is a process that occurs when
9 they come in to get their improvement location permit. At that time they would also fill out an assessment
•0 form which is something they need anyhow to keep assessment records straight.
'1
-2 Goodwin said the purpose behind this is that if everyone in Wayne County does this it would cut back
3 tremendously on the costs of the assessment that happens every four or five years. He said the primary fee
-4 of $5 is set by state law. Goodwin said they are also doing this outside the two-mile fringe. There being no
`5 further comments either for or against the ordinance, Councilmember Elstro moved for engrossment, second
`6 by Councilmember Hutton and the motion was carried on a unanimous voice vote.
.7
-8 Councilmember Lundy moved to suspend the rules and advance Ordinance No. 57 - 1997 to third and final
-9 reading and read by title only, second by Councilmember Elstro and the motion was carried on a unanimous
:0 voice vote.
::2 The Clerk read Ordinance No. 57- 1997 on third reading.
:3
:4 Ordinance No.57- 1997 was adopted on the following call of the roll:
:5
Ayes: Elstro, Lundy, Wissel, Hutton, Allen, Stamper,Welch and Parker(8)
Nays: None
- 860
Common Council Minutes Cont'd
June 2, 1997
Page 4
1 ORDINANCE NO.58-1997
2
3 The Clerk read Ordinance No. 58 - 1997 - A SPECIAL ORDINANCE AMENDING THE ZONING MAP AT
4 3209 UNION PIKE
5
6 Vice President Wissel announced Ordinance No.58- 1997 would go to the Planning Commission.
7
8 ORDINANCE NO.59 -1997
9
10 The Clerk read Ordinance No. 59 - 1997-A SPECIAL ORDINANCE AUTHORIZING THE APPROVAL O=A
11 STATEMENT OF BENEFITS FOR A PROPERTY OWNER APPLYING FOR DEDUCTIONS UNDER .C.
12 6-1.1-12.1
13
14 Councilmember Stamper said this ordinance and Ordinance No. 60 - 1997 are for the same company nd
15 asked that it be held on second reading. He said the ordinances deal with a tax abatement for Purina Mill at
16 its new testing facility at 1050 Progress Drive. City Attorney Bob Bever stated that the reason for the sec nd
17 ordinance is that the company had already had the equipment approved at one location and was mo ing
18 which meant that technically they had to come back onto the agenda.
19
20 ORDINANCE NO.60-1997
21
22 The Clerk read Ordinance No. 34- 1997-A SPECIAL ORDINANCE AUTHORIZING THE APPROVAL OC A
23 STATEMENT OF BENEFITS FOR A PROPERTY OWNER APPLYING FOR DEDUCTIONS UNDER .C.
24 6-1.1-12.1
25
26 Councilmember Stamper said this ordinance would be held on second reading.
27
28 ORDINANCE NO. 61 -1997
29
30 The Clerk read Ordinance No. 61 - 1997 - AN APPROPRIATION ORDINANCE AUTHORIZING THE C TY
31 OF RICHMOND TO RECEIVE A DONATION
32
33 "WHEREAS, the City of Richmond; Indiana, has the option of accepting or rejecting donations for a spe ific
34 purpose; and
35
36 "WHEREAS, the acceptance of a donation for a specific purpose constitutes the appropriation of s ch
37 property for the intended purpose.
38
39 "NOW, THEREFORE, be it ordained by the Common Council of the City of Richmond Indiana, th.t a
40 donation of $395.00 from the Richmond Square Mall to be used for Child Registry Handbooks, is her by
41 accepted, appropriated for said purpose, and gratefully acknowledged by the citizens of Richmond."
42
43 Police Chief Bill Shake expressed his appreciation for the assistance of Richmond Square Mall in This
44 program and distributed copies of the handbook to Councilmembers.
45
46 Councilmember Hutton moved to suspend the rules and advance Ordinance No. 61 - 1997 to second
47 reading and read by title only, second by Cfouncilmember Allen and the motion was carried on a unanimous
48 voice vote.
49
50 The Clerk read Ordinance No.61 - 1997 on second reading.
51
52 Vice President Wissel declared Ordinance No. 61 - 1997 on public hearing. There being no other comm- is
53 for and none against the ordinance, Councilmember Elstro moved for engrossment, second by
54 Councilmember Allen and the motion was carried on a unanimous voice vote.
55
56 Councilmember Welch moved to suspend the rules and advance Ordinance No. 61 - 1997 to third and f`nal
57 reading and read by title only, second by Councilmember Allen and the motion was carried on a unanimous
58 voice vote.
59
60 The Clerk read Ordinance No. 61 - 1997 on third reading.
61 -
62 Ordinance No. 61 - 1997 was adopted on the following call of the roll:
63
64 Ayes: Elstro, Lundy, Wissel, Hutton,Allen, Stamper, Welch and Parker(8)
65 Nays: None
Common Council Minutes Cont'd
June 2, 1997
Page 5
1 ORDINANCE NO.62-1997
2
3 The Clerk read Ordinance No. 62 - 1997 - A GENERAL ORDINANCE AMENDING CHAPTER 153 OF THE
4 CITY OF RICHMOND CODE
5
6 "WHEREAS, Chapter 153 of the City of Richmond Code regulates the development of subdivisions within the
7 City of Richmond, Indiana;and
8
9 "WHEREAS, it is desirable to clarify that,when sidewalks and curbs are required by City Code to be installed
0 in any new subdivision, it will be the sole financial responsibility of the developer or the owner of the property
1 to construct and maintain said sidewalks and curbs.
12
3 "NOW, THEREFORE, be it ordained by the Common Council of the City of Richmond, Indiana, that a new
4 section 153.01(b)(4) is hereby added to the City of Richmond Code to read as follows:
5
6 "Construction of curbs and sidewalks in any new subdivision, or any extension of an existing subdivsion,
7 whether required by this chapter or not, shall be the sole financial responsibility of the developer. Thereafter,
8 maintenance of said curbs and sidewalks shall be the sole financial responsibility of the property owner."
9
0 Councilmember Stamper said the idea of this ordinance is to limit the City's liability. Currently, he said, as
1 these new subdivisions come up and they are not being told up front that they will not get sidewalks, it
2 potentially presents a massive liability. He continued, saying, as new subdivisions have been built no
3 sidewalks have been put in, thus, as most new subdivisions are being added they are not required to
4 because as the code reads there has to be an adjoining sidewalk to be required to add a new one. This
5 ordinance, he said, will hopefully limit the future liability for the City. He added that the developer is the one
6 the City deals with and that is the time those decisions should be made.
7
i8 Rabe said this code changes the chapter dealing with subdivisions and the approval of subdivision plats that
9 require that as a prerequisite before receiving a new subdivision as an existing subdivision before receiving
0 primary plat approval. He said this would be one of the requirements, that the developer install curbs and
.1 sidewalks at his expense. He said any new subdivision, as it is currently drafted, does not address going
2 back and doing anything with subdivisions that have no curbs or sidewalks.
,3 •
4 Bever stated that construction would be the financial responsibility of the developer and it does not say they
5 should put in sidewalks but says that whenever they are put in it would be the sole responsibility of the
6 developer. Once they are in, he said, the property owner will be responsible for the maintenance. The idea
7 here, he said, is that if it is required, the developer has to put them in. After several minutes of discussion,
8 Councilmember Parker asked what happens if sidewalks are not required when a subdivision is put in but
9 later the subdivision says they want them. He suggested putting in a covenant stating there will be no
0 sidewalks to prevent property owners from going to the City and expecting the City to pay for them. Bever
1 said he feels this ordinance would make it a part of the plat and anybody buying that property would be
•2 subject to that recorded plat.
.3
4 The Mayor said what he did not agree with was merely the inconsistency in relation to the maintenance,
5 adding that he felt it was not fair to put additional restrictions in new development areas. He said as far as he
6 knows the City has not received a request from people looking to put in those sidewalks where the developer
7 did not put them in. He stated that the maintenance language is the only thing he is raising a question about.
%8 Councilmember Stamper said he would be willing to strike the last sentence of the ordinance referring to
9 maintenance if it would make it more palatable.
'0
1 Councilmember Welch said considering all the meetings to be held concerning land use and infrastructure,
'2 he thinks it would be appropriate to hold this ordinance and let it go through that process. With that, he
'3 moved to table Ordinance No. 62 - 1997, second by Councilmember Elstro and the motion was carried on a
'4 vote of 7 to 1.
'5
'6 ORDINANCE NO. 63- 1997
.7
'8 Councilmember Stamper said he felt there was no need to read this ordinance in its entirety since it is the
',9 same ordinance as No. 36, with the only difference being item (g)which is the termination of the program. He
r0 said what he wants to do with this ordinance is to go ahead and create the partnership program, only with a
'.1 final termination date whereby future Councils would have to at least act upon the ordinance to either extend
:2 it or at that time find a more suitable solution long term to the curb and sidewalk problem. He moved to
:3 suspend the rules and read Ordinance No. 63- 1997 by title only, second by Councilmember Hutton and the
:4 motion was carried on a unanimous voice vote.
:5
The Clerk read Ordinance No. 63 - 1997 - A GENERAL ORDINANCE AMENDING CHAPTER 96 OF THE
CITY OF RICHMOND CODE
Common Council Minutes Cont'd
l 2. 199-7
Page 6
1
2 Councilmember Welch said since this is modifying the Administration's ordinance in line with the propo, ed
3 changes offered in the resolution and the previous ordinance he moved to table Ordinance No. 63 - 1 e97
4 and let it also be considered during the upcoming meetings.
5
6 Councilmember Stamper disagreed, saying Ordinance No. 62 - 1997 and Resolution 6 - 1997 are separate.
7 He said the reason No. 62 is not in its revised form which is to make an end to this program is becaus: he
8 felt this Council should not take the right to vote on this from future Councils. Councilmember Parker t en
9 asked the question that if this is the same as Ordinance No. 36 - 1997, why did Council have the ordina ce,
10 why not make an amendment?The Mayor said he did not know about this.
11
12 Bever suggested to delay this discussion until Ordinance 36 - 1997 comes up on the agenda. Then, he said,
13 is someone wants to move to amend it to add the section putting in a termination date then it would t':ke
14 care of the same thing Ordinance No. 63 - 1997 does. Councilmember Parker asked why not strike it?
15 Councilmember Elstro agreed. Councilmember Welch withdrew his motion to table the ordinance and mo ed
16 to strike it, second by Councilmember Elstro and the motion was carried on a unanimous voice vote.
17
18 ORDINANCES ON SECOND READING
19
20 ORDINANCE NO.36- 1997
21
22 The Clerk read Ordinance No. 36 - 1997 - A GENERAL ORDINANCE ADDING A NEW CHAPTER 59 0
23 THE CITY OF RICHMOND CODE
24
25 Vice President Wissel declared Ordinance No.36- 1997 on public hearing. Councilmember Hutton move'. to
26 discuss the revised, amended draft of Ordinance No. 36 - 1997, second by Councilmember Parker and he
27 motion was carried on a unanimous voice vote.
28
29 In response to Councilmember Allen's question about the changes in this ordinance, Bever said it has to do
30 with the numbering, noting that originally it was put in as Chapter 59 which was part of the Public Wo ks
31 section of the Richmond Code. However, upon further review, the Administration saw that there is n It a
32 separate chapter on sidewalks so it was thought best to put in section 96. The second change, he said is
33 that it takes out the reference to new sidewalks.
34
35 The Mayor said when the effort was made to clarify the intent and purpose there was a section in the ce ter
36 of the purpose which made reference to this program being in addition and being used for maintenance for
37 repairs of existing sidewalks and that it could be used for installation of curbs and sidewalks which was of
38 the purpose of this program.
39
40 The only other change, he said, was that from the time it was initially introduced until a few weeks ago th re
41 were many who felt this is something that was being required and the term "voluntary" was added. Be er
42 said one other change is that now the code requires a person who does any work or excavation t a
43 sidewalk to get a$25 permit, but this clarifies that if the work is done as part of just this partnership progr m,
44 that permit would not be required. Councilmember Stamper moved to add a section (g) to the ordina ce
45 regarding termination of the program, stating that it shall terminate December 31, 2004. That motion died as
46 a result of the following roll call:
47
48 Ayes:Allen, Stamper and Parker(3)
49 Nays: Elstro, Lundy, Wissel, Hutton and Welch (5)
50
51 Speaking in opposition of the ordinance was Roy Combes at 448 South 16th Street who said he had paid or
52 his sidewalks originally and the City assumed it as a public thoroughfare. He said the City has allo d
53 variances over the years that did not require sidewalks in other areas that were developed. He added that e
54 feels that people like him who have sidewalks should not be obligated in any way to maintain the repair of
55 them until each and every property within the City has sidewalks. Combes said the City did put in n w
56 sidewalks from 23rd to 27th Street on the north side of South E Street where there had never been ny
57 sidewalks. There being no further comments for and none against, Councilmember Elstro moved or
58 engrossment, second by Councilmember Welch and the motion was carried on a unanimous voice vote.
59
60 Councilmember Welch moved to suspend the rules and advance Ordinance No. 36 - 1997 to third and fi al
61 reading and read by title only, second by Councilmember Hutton and the motion was carried on a
62 unanimous voice vote.
63
64 The Clerk read Ordinance No.36 - 1997 on third reading.
65
Ordinance No. 36- 1997 on the following call of the roll:
Ayes: Elstro, Lundy, Wissel, Hutton,Welch and Parker(6)
Nays:Allen and Stamper(2)
Common Council Minutes Cont'd
Juno 2, 1997
Page 7
1
2 ORDINANCE NO. 43 -1997
3
4 The Clerk read Ordinance No. 43 - 1997 - A SPECIAL ORDINANCE AMENDING THE ZONING MAP AT
5 217 SOUTH "A"STREET
6
7 Vice President Wissel explained the Planning Commission conducted a public hearing Thrusday, May 22, on
8 the petition of Robert Wilcox, Cool Care, Inc., owner; Robert Wadle, agent; requesting a Special Use District
9 classification in the R-3 One to Eight Family Residence District for a General Business Office/Insurance and
0 Bonding at 217 South A Street. He said notices were delivered to seven surrounding property owners, with
1 one comment expressing no objection. The vote was 8 in favor with 3 absent recommending passage of the
2 ordinance.
3
4 Vice President Wissel announced Ordinance No. 43 - 1997 was on public hearing. There being no
5 comments, Councilmember Parker moved for engrossment, second by Councilmember Lundy and the
6 motion was carried on a unanimous voice vote.
7
8 Councilmember Lundy moved to suspend the rules and advance Ordinance No. 43 - 1997 to third and final
9 reading and read by title only, second by Councilmember Parker and the motion was carried on a unanimous
0 voice vote.
1
.2 The Clerk read Ordinance No.43 -1997 on third reading.
3
.4 Ordinance No.43- 1997 was adopted on the following call of the roll:
.5 i
6 Ayes: Elstro, Lundy, Wissel, Hutton,Allen, Stamper, Welch and Parker(8)
7 Nays:
8
.9 ORDINANCE NO. 45- 1997
0
1 The Clerk read Ordinance No. 45 - 1997 - A SPECIAL ORDINANCE AMENDING THE ZONING MAP AT
2 1137 NORTH 12TH STREET
3
4 Vice President Wissel explained that this is a request for a rezoning from 0-1 Greenbelt District to C-4
5 General Business District located at 1137 North 12th Street. He said notices were delivered to four
6 surrounding property owners and one comment was received in opposition. The Plan Commission voted 6 in
7 favor, one opposed, one abstention and 3 absent to recommend approval of the ordinance.
8
9 In answer to a question by Councilmember Allen as to what the opposition was, Vice President Wissel said
40 he cast the vote in opposition to the request because he felt the petitioners did not make a very compelling
4'1 case to change the zoning and felt they needed more of a reason. Councilmember Hutton asked what kind of
42 business it is going to be and Vice President Wissel said that was not submitted, but when it was brought up
413 at the Commission meeting, President Charles Bizarro stated the Commission was in no position to require
414 them to give that information. Some Councilmembers voiced their disagreement with that statement.
•'5
46 As a point of clarification, Goodwin said that the question is not asked about a specific purpose because a
,7 C-4 has a very wide zoning classification and regardless of what they say they are going to do they can do
4'8 nearly anything within the classification. He said C-4 is heavy commercial which handles a lot of automotive,
4'9 warehousing and auto body shops which are the potential uses for that parcel of ground. He said there are
`0 auto sales on both sides of the road there.
`1
`2 Vice President Wissel announced Ordinance No. 45- 1997 on public hearing.
'3
`4 Speaking in favor of the ordinance was Jim Bonner, agent for the owner, who said that only one person has
'5 approached him about the property and that was a representative of the American Legion Post at 400 North
56 8th Street who thought the site would be a good spot for a new building.
57
58 Councilmember Welch commented that to build a new building the American Legion doesn't need a C-4
9 classification and Goodwin agreed. Bonner said there is another C-4 property south of this property and
0 commented that the two parcels together would probably make a good commercial location on North 12th
1 Street. In answer to a question by Councilmember Welch, Goodwin said the property south and to the east of
this site belongs to S.P.U.R. Councilmember Parker asked what the setback on a C-4 is and Goodwin
answered that it may be 50 feet and Bonner said it is an odd-shaped property with nine feet on 12th Street,
extending south east 90 to 100 feet. Councilmember Parker then stated that no matter what kind of building
65 is constructed it would have to come through the Planning Department which would make sure the setback is
far enough so it would not obstruct the view of those turning.
Common Council Minutes Cont'd
.Iona 9, 1q97
Page 8
1
2 Welch said he has a definite concern with this property being located where it is and at one time he recal ed
3 there were a lot of wrecked autos there and he is fearful that it will become a wrecking yard again. He sta ed
4 his reluctance to vote in favor of the ordinance, adding that he prefers to keep it in a Greenbelt status. There
5 being no further comments for or against the ordinance, Councilmember Elstro moved for engrossm-nt,
6 second by Councilmember Hutton and the motion was carried on a unanimous voice vote.
7
8 Councilmember Elstro moved to suspend the rules and advance Ordinance No. 45 - 997 to third and f al
9 reading and read by title only, second by Councilmember Parker and the moti n was carried o a
10 unanimous voice vote.
11
12 The Clerk read Ordinance No.45 - 1997 on third reading.
13
14 Ordinance No.45- 1997 was defeated on the following call of the roll:
15
16 Councilmember Elstro explained that he would be voting against the ordinance because he could not ee
17 going from 0-1 to C-2 strictly on speculation.
18
19 Nays: Elstro, Lundy, Wissel, Hutton,Allen and Welch (6)
20 Ayes:Stamper and Parker(2)
21
22 ORDINANCE NO.48-1997
23
24 The Clerk read Ordinance No. 48 - 1997 - A SPECIAL ORDINANCE AMENDING THE ZONING MAP T
25 400 NORTH 10TH STREET AND 90 ELM PLACE
26
27 Vice President Wissel explained the petitioner is Adam H. Bartel Co., Inc. owner; Donald L. Simkin, ag nt;
28 requesting a rezoning from M-1 Light Industrial District to C-2 Commercial District, located at 400 North 1 th
29 Street and 90 Elm Place. He said notices were delivered to seven surrounding property owners and o
30 comments were received in support of the request. He said the Commission voted 8 in favor with none
31 opposed and 3 absent to recommend approval of the ordinance.
32
33 Vice President Wissel declared Ordinance No. 48 - 1997 on public hearing. Attorney Donald Simkin spoke
34 on behalf of the owner and the prospective purchasers, Louis Dow, and his wife, Dr. Deborah Bright. He s:id
35 the couple has recently moved here from California and he is a former City manager and is also an etc er.
36 His wife, he said, is a pediatrician who has joined the Pediatric Center. Simkin said the couple, along ith
37 their 16-month-old daughter, is beginning to make a positive contribution to this community.
38
39 Simkin, referring to the plat map, said this includes two City lots, one of which is to the north, described as
40 90 Elm Place, and owned by the Adam H. Bartel Co. since 1937 and the other is the tract to the south wh ch
41 was formerly the Focht Beverage Co. at 400 North 10th Street. He said the uses proposed by the purcha er
42 include a variety of things which might be a commercial etching studio, restaurant, gallery, coffee hou e,
43 shops and apartments. Simkin said the couple intends to use the top two floors for apartments, one of wh ch
44 would be their personal residence,the second level for an etching studio or gallery, and the first floor may be
45 a restaurant or similar use some time in the future. Simkin pointed out that this is an area of transition -nd
46 people have dreamed about the prospects of what could happen in that area, perhaps to shop and to eat,to
47 name a couple. He said this is hopefully a beginning of the area, adding that it takes people with the
48 enthusiasm, ability and resources to develop a property such as this.
49
50 Louis Dow said he and his wife have a contract to purchase this property and made a correction to one of
51 the statements made by Simkin, noting that his studios are designed to go on the first floor with a temporary
52 gallery to use some of the space until they have a more effective use for it.
53
54 Jim Auman, treasurer of Adam H. Bartel Co., stated that the building the couple wishes to purchase as
55 been used as a warehouse for the first 40 years and for the last four or five years has been vacant. e
56 commented that he is hopeful that things will work out for the couple. Councilmember Welch asked if the lot
57 to the south which is now a vacant lot would be used as a parking facility and Dow answered that it probably
58 would be, adding that his wife likes to garden and they plan to put in some landscaping. He said the ini ial
59 plans are to put some hedges around the lot and use the westerly part as a garden and the remainder a a
60 parking area. There being no further comments for and none against the ordinance, Councilmember Els ro
61 moved for engrossment, second by Councilmember Allen and the motion was carried on a unanimous vo ce
62 vote.
63
64 Councilmember Lundy moved to suspend the rules and advance Ordinance No. 48 - 1997 to third and fi al
65 reading and read by title only, second by Councilmember Welch and the motion was carried on a unanimous
voice vote.
65
Common Council Minutes Cont'd
June 2. 19_97
Page 9
1 The Clerk read Ordinance No.48- 1997 on third reading.
2
3 Ordinance No.48-1997 was adopted on the following call of the roll:
4
5 Ayes: Elstro, Lundy,Wissel, Hutton,Allen, Stamper,Welch and Parker(8)
6 Nays: None
7
8 ORDINANCE NO.49-1997
9
0 The Clerk read Ordinance No. 49 - 1997 - A SPECIAL ORDINANCE AMENDING THE ZONING MAP AT
1 2203 EAST MAIN STREET
2
3 Vice President Wissel explained the petitioner is William A. Glass, owner; Charles R. Hyde Jr. agent;
4 requesting Special Use District classification in the R-3 One to Eight Family Residence District for a Law and
5 Business Office at 2203 East Main Street. He said notices were delivered to four surrounding property
6 owners, with mo comments returned. The Plan Commission voted 8 in favor with 3 absent to recommend
7 passage of the ordinance.
8
9 Charles "Chuck" Hyde said he and his wife are the contract purchasers of this property located on the
'0 southeast corner of East Main and South 22nd Streets. He said he has hopes of moving his law office there
'1 as well as a small business office to generate some income to accommodate the sizeable mortgage he is
'2 developing. He said they are hoping to restore the property which is a red brick built in 1890. He said he
'3 needs to put a parking lot at the rear of the property and had canvassed the area,talking with his neighbors,
'4 and all of them have expressed strong support to the project.
'5
'6 Councilmember Welch asked if the approval by the Plan Commission was conditioned on the development
'7 of a parking lot and if plans were submitted?Goodwin said that information should have been included in the
'8 packets Councilmembers received. Hyde said he hopes to have a parking lot there, noting that the plans
'9 show the parking on the south extremities of the lot. He said there is an alley which runs east and west
:0 immediately south of that lot. Hyde said his initial plans are to have five parking spots. He added that he also
:1 owns the property at 2205 East Main which is immediately east of this property. Councilmember Welch said
111 :2 that under the existing code, if the parking lot accommodates less than six vehicles it does not have to be
:3 paved. He said Council has to try to protect other residents and neighbors in the area. There being no further
:4 comments for and none against, Councilmember Allen moved for engrossment, second by Councilmember
:5 Hutton and the motion was carried on a unanimous voice vote.
:6
:7 Councilmember Welch moved to suspend the rules and advance Ordinance No. 49 - 1997 to third and final
:8 reading and read by title only, second by Councilmember Parker and the motion was carried on a unanimous
:9 voice vote.
'0
1 The Clerk read Ordinance No. 49- 1997 on third reading.
2
'3 Ordinance No.49- 1997 was adopted on the following call of the roll:
4
'5 Ayes: Elstro, Lundy, Wissel, Hutton, Allen, Stamper,Welch and Parker(8)
6 Nays: None
.7
.8 ORDINANCE NO.50-1997
'9
.0 The Clerk read Ordinance No. 50 - 1997 - A SPECIAL ORDINANCE AMENDING THE ZONING MAP AT
1 NORTH "J"STREET AT MAPLE ROAD AND ELM ROAD
,2
3 Vice President Wissel explained the petitioner is B & M Properties, Floyd A. Ptter and Michael Eugene
4 Potter, owners, Gordon Moore, agent; requesting a rezoning from R-3 One to Eight Family Residence
5 District to C-4 General Business District at 1920 Maple Drive. He said notices were delivered to three
,6 surrounding property owners with no comments returned. The Plan Commission voted 8 in favor with none
7 opposed and 3 absent to recommend approval of the ordinance.
,8
9 Vice President Wissel declared Ordinance No. 50 - 1997 on public hearing. There being no comments either
.0 for or against the ordinance, Councilmember Elstro moved for engrossment, second by Councilmember
1 Lundy and the motion was carried on a unanimous voice vote.
,2
1.3 Councilmember Lundy moved to suspend the rules and advance Ordinance No. 50 - 1997 to third and final
44 reading and read by title only, second by Councilmember Elstro and the motion was carried on a unanimous
05 voice vote.
Common Council Minutes Cont'd
June 2, 1997
Page 10
1 Ordinance No.50-1997 was adopted on the following call of the roll:
2
3 Ayes: Elstro, Lundy,Wissel, Hutton,Allen, Stamper,Welch and Parker(8)
4 Nays: None
5
6 ORDINANCE NO.54-1997
7
8 The Clerk read Ordinance No. 54- 1997-A SPECIAL ORDINANCE AUTHORIZING THE APPROVAL OF A
9 STATEMENT OF BENEFITS FOR A PROPERTY OWNER APPLYING FOR DEDUCTIONS UNDER I C.
10 6-1.1-12.1
11
12 Councilmember Stamper explained this ordinance deals with a tax abatement for Cinram, stating that 'he
13 company will be creating 8 new jobs with over $2.5 million worth of new manufacturing and packag ng
14 equipment which is part of a new line in its expansion. There being no comments either for or against he
15 ordinance, Councilmember Allen moved for engrossment, second by Councilmember Parker and the mot on
16 was carried on a unanimous voice vote.
17
18 Councilmember Lundy moved to suspend the rules and advance Ordinance No. 54 - 1997 to third and fiial
19 read and read by title only, second by Councilmember Elstro and the motion was carried on a unanimc us
20 voice vote.
21 •
22 Ordinance No. 54- 1997 was adopted on the following call of the roll:
23
24 Ayes: Elstro, Lundy,Wissel, Hutton,Allen, Stamper, Welch and Parker(8)
25 Nays: None
26
27 ORDINANCES ON THIRD READING
28
29 There were none.
30
31 UNFINISHED BUSINESS
32
33 There was none.
34
35 ADJOURNMENT
36
37 There being no further business, on a motion duly made, seconded and passed the meeting was adjourned.
38
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42
43
44 R. Bruce Wissel, Vice President
45
46
47
48
49 ATTEST:
50 Norma Schroeder, City Clerk
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