HomeMy Public PortalAbout03-04-1996 145
PRO_C>C
CITY OF-RICHM
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The Common Council of the City of Richmond, Indiana met in regular session at 7:30 p.m. Monday, March
4, 1996, in the Council Chambers in said City. President Geneva "Gene" Allen presided with the following
Councilmembers present: Howard "Jack" Elstro, Etta Lundy, Bruce Wissel, Sarah "Sally" Hutton, Robert
Dickman,Alan Stamper, Bing Welch and Larry Parker. The following business was had to-wit:
• PLEDGE OF ALLEGIANCE
PRAYER BY COUNCILMEMBER ELSTRO
1 u ROLL CALL
1
1' Nine present.
1 .
1, APPROVAL OF MINUTES OF FEBRUARY 20.1996
1 •
1. Councilmember Hutton moved to approve the minutes of February 20, 1996, second by Councilmember
1 ' Welch and the motion was carried on a unanimous voice vote.
1:
11 PRESENTATIONS.MEMORIALS. REMONSTRANCES.INTRODUCTIONS.MOTIONS. RESOLUTIONS
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2 Stanton Lambert, director of Parks& Recreation, invited everyone to a public meeting at 7:30 p.m.Thursday,
2' March 7, in the Board of Works room in the City Building, explaining that the purpose is to review the draft
2: copy of the master plan for the Gorge project. Lambert noted that this is a community project and that it is
2, going to take a great amount of involvement from the community to get it accomplished.
2.
2 Garrett Boone noted that he had worked with Lambert for the past six to eight months on the development of
2' the plans to enable the Gorge Committee to move ahead with the trails and access the grant received for the
2: Gorge project. He added that while working on the trails it will also give the opportunity to begin work on the
2° Starr-Gennett area. He introduced Laurel Gennett Martin of Los Angeles, Calif., whose late husband, Henry,
3. lived in Richmond. She said she came to Richmond as a young bride of 19 and their first son was born here.
3 She added that she would be happy to help further this project because, as she said, her husband "loved
3' your city,"and she shares that closeness because of family ties.
3.
3, COMMUNICATIONS FROM THE MAYOR
3
3. Mayor Dennis Andrews opened up the discussion on the Council packets as to the time they should be
3 made available and as to whether or not they should be delivered or picked up. After much discussion
3: among Councilmembers theThursday noon before Council meetings the following Monday night availability
3° time was set which meant the deadline for items to go on the Council agenda would be Wednesday noon.
40 Thus, the motion was made by Councilmember Stamper that the deadline for the Council agenda be
4 Wednesday noon, with an availability time at Thursday noon for Council packets and those getting the
4 packets making their wishes known to the City Clerk as to whether or not they wished to have their packets
4: delivered or if they wished to pick them up in the City Clerk's office. Also in that motion was a stipulation that
4• if the packets are delivered they should be done no later than 9 p.m. Thursday. The motion was seconded
4• by Councilmember Hutton and was carried on a unanimous voice vote.
4°
4' Controller Shelley Miller stated that Councilmembers had received a proposed capital projects financing plan
4: which had been submitted by H.J. Umbaugh &Associates which included the preliminary estimate of project
4° costs and funding as well as the annual lease rental payments on the Main Street/Promenade project; a
50 summary of outstanding bonded indebtedness and comparison of debt burdens to other Indiana cities of
5 similar size. Miller also explained that she had recently developed a software program for the preparation of
5 financial statements to ensure that Councilmembers receive accurate month-ending statements which will be
5. distributed at the second Council meeting each month.
5•
5. REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY
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5' Minutes of the February 8 and February 22, 1996, meetings were in the Council packets.
5:
5° REPORTS FROM STANDING COMMITTEES
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6 REPORTS FROM SPECIAL ORGANIZATIONS
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6. Councilmember Parker reported on the meeting of the Reid Hospital Board noting that the $700,000 gift
6. received from the Lafuze estate will be acknowledged by the naming of a wing of the cancer unit after them.
6 He read a letter from a group of physicians about the condition of North J Street, noting that the letter was
dated March 2, 1908. His point, he explained, is that some things never change. He submitted the letter to
the City Clerk for filing in the Clerk's office.
14 6.
Common Council Minutes Cont'd
March 4, 1996
Page 2
1 Councilmember Stamper requested a meeting of the Committee of the Whole to discuss tax abatements to
2 explain exactly what tax abatements are all about and also to get the public's input. He said the ax
3 abatements need to be looked at as an investment the corporation is making into our community end
4 Council should try to find out what the aspirations of the business owner are. He said these tax abatements
5 should not be looked on as a negative or a drain but Council should be happy for that business that it Vas
6 achieved its goal and business is thriving.
7
8 Councilmember Stamper said that, as Councilmembers, they have to give that opportunity to he
9 businesses, noting that we win in two ways when tax abatements work. As citizens, we win in extra jo s,
10 lower unemployment and a higher level of economic activity in the community and secondly, even tho gh
11 they get tax abatements eventually,that becomes a fully paying entity on the tax roles that since we are it a
12 frozen levy will eventually bring all our taxes down. He added that you can look at it as an investmen in
13 ourselves and in our community. He also said we have to watch that investment from time to time and m ke
14 sure it is doing what they said they were going to do. He moved to call a Committee of the Whole meetin to
15 give citizens an opportunity to give their input on the tax abatement process before any tax abatemen is
16 approved by this Council, second by Councilmember Hutton and the motion was carried on a unanim us
17 voice vote. President Allen asked Councilmember Dickman if he could set that up and he set 7 p. .
18 Tuesday, March 12, in the Council chambers. Councilmember Stamper said there are four requests for ax
19 abatements currently pending with some dating back to the past administration.
20
21 ORDINANCES
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23 ORDINANCES ON FIRST READING
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25 ORDINANCES ON SECOND READING
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27 ORDINANCE NO.6-1996
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29 The Clerk read Ordinance No. 6- 1996-A SPECIAL ORDINANCE AMENDING THE ZONING MAP IN T E
30 4200 BLOCK OF SOUTH A STREET
31
32 Councilmember Wissel explained the petition by Scott Mastores M.D. and Laura Culbertson Mastores to
33 construct a new doctor's office, brought before the Planning Commission with Gordon Moore speaking or
34 Kramer & Associates. Councilmember Wissel said the request was for a rezoning from R-4 Multi-Fa ily
35 Residence District to a C-2 Commercial District in the 4200 block of South A Street immediately west of
36 4261 South A Street. He said the site is opposite the entry drive of Rosewood Terrace and immediately w-st
37 of the Girl Scout office and is 1.435 acres of the approximately seven acres owned by the Mastoreses.
38
39 He said the concern voiced at the Planning Commission meeting was that the entry would be off Garwood
40 Road, but there was some confusion over the address. He said the site is in the middle of an ar-a
41 designated for retail and other commercial growth by the comprehensive land use plan. He added that t e
42 vote was 10-0 in favor, with one member not present. Bever explained that the misunderstanding about t e
43 address occurred because the petitioners used their address of 200 Garwood Road and the initial ordinan e
44 stated that as such. Fortunately, however, Bob Goodwin, director of planning and redevelopment, advertis:d
45 the correct address. Bever added that since all the legal bases are covered everything is in order but it do-s
46 need to be amended. Councilmember Hutton moved to amend the ordinance stating the correct address of
47 the 4200 block of South A Street, second by Councilmember Welch and the motion was carried on a
48 unanimous voice vote.
49
50 Councilmember Parker asked Larry Cash, assistant director of planning and redevelopment, if certifi-d
51 letters are still sent to the adjoining property owners and Cash answered that letters are sent but they -re
52 not certified. Cash explained that adjoining property owners are defined as abutting the property to •e
53 rezoned and since the Mastoreses owned the 7 acres only those property owners to the north and w-st
54 were sent letters. Councilmember Parker said when that situation occurs it would seem advisable to se d
55 the letter to the next property owner. Bever said he would present a resolution making that resolution to t e
56 Planning Commission at its next meeting.
57
58 President Allen declared Ordinance No. 6 - 1996 on public hearing. Moore came forward to ans er
59 questions posed by Councilmember Welch who asked if the drive to the building will come off South�A
60 Street. Moore answered in the affirmative, noting that an ordinance prohibits having a commercial dri e
61 running through a residential area. Councilmember Welch also voiced concern about the possibility of t le
62 driveways being located on the curve and Moore reassured him that the Richmond Police Department h:s
63 checked the area and noted there is good site distance in both directions.
64
65 There being no further comments for the ordinance and none against, Councilmember Dickman moved or
engrossment,second by Councilmember Hutton and the motion was carried on a unanimous voice vote.
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Common Council Minutes Cont'd
Page 3
1 Councilmember Hutton moved to suspend the rules and advance Ordinance No. 6 - 1996 to third and final
2 reading and read by title only, second by Councilmember Welch and the motion was carried on a unanimous
3 voice vote.
4
5 The Clerk read Ordinance No. 6- 1996 on third reading.
6
7 Ordinance No. 6- 1996 was adopted on the following call of the roll:
8
9 Ayes:Elstro, Lundy,Wissel, Hutton, Dickman,Stamper,Welch, Parker and Allen (9)
10 Nays: None
11
12 ORDINANCE NO. 7-1996
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14 The Clerk read Ordinance No. 7- 1996-A SPECIAL ORDINANCE AMENDING THE ZONING MAP AT 300
15 SOUTH 4TH STREET
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17 Councilmember Wissel explained that the Village Industry petitioners were asking for a special use
18 classification for retail sales for books, candles, jewelry and ancillary items, noting the zoning history since
19 1966 shows it has been used as a special use district and the comprehensive plan map designates the area
20 as a special development area. He added that there is no plan to change the structure, noting the parking lot
21 may have to be paved if more than five parking spaces are used. He said the vote was 10-0 in favor and one
22 vote was absent.
23
24 President Allen declared Ordinance No. 3 - 1996 on public hearing. There being no comments either for or
25 against the ordinance, Councilmember Dickman moved for engrossment,second by Councilmember Hutton.
26
27 Councilmember Welch asked whether or not the graveled parking lot with the chain link fence around it to the
28 south of 300 South 4th Street is a part of the request and Councilmember Wissel answered in the affirmative.
29 That prompted Councilmember Welch to ask why there is a question about paving because of its size and
30 Cash answered that if there are six or more spaces the parking area must be paved but if you can get by with
31 only five it can be left as gravel. He added that the petitioners have one year to do that. Councilmember
32 Hutton was concerned about who is going to enforce that and Cash answered that is in the area of the
33 permits and inspections department. Councilmember Hutton responded that Council voted for a rezoning on
34 Chester Boulevard not too long ago with the understanding there would not be more than three or four
35 vehicles at one time and she has observed seven or eight quite often. Cash said his office is aware of that
36 situation and is looking into it. President Allen asked for a voice vote on the motion and second and the
37 motion was carried on a unanimous voice vote.
38
39 Councilmember Dickman moved to suspend the rules and advance Ordinance No. 6 - 1996 to third and final
40 reading and read by title only,second by Councilmember Parker and the motion was carried on a unanimous
41 voice vote.
42
43 The Clerk read Ordinance No. 6-1996 on third reading.
44
45 Ordinance No.6 - 1996 was adopted on the following call of the roll:
46
47 Ayes: Elstro, Lundy,Wissel, Hutton, Dickman,Stamper,Welch, Parker and Allen (9)
48 Nays: None
49
50 ORDINANCE NO.8-1996
51
52 The Clerk read Ordinance No. 8 - 1996 - A SPECIAL ORDINANCE AMENDING THE ZONING MAP AT
53 VACANT LOT PORTERFIELD AVENUE
54
55 Councilmember Wissel noted that the rezoning is for Lot 22 in the Richmond Terrace which is an area on
56 Porterfield Avenue three properties west of Famous Recipe Chicken. The petitioner, Fred King, was
57 represented by Jerry Singer and he was represented by Attorney Tom Seal at the Planning Commission.
58 Councilmember Wissel noted the concern here is that the property owner has a C-2 zoning for a landlocked
59 area and the problem is there is no ingress or egress for the site which is behind County Market.
30
31 He said the petitioners want to buy Lot 22 and use it for an ingress and egress to open up the parcel of land
32 with the intention of putting in a mini warehouse on the southern part. Councilmember Wissel said the
53 concern was that Lot 22 is only 30 feet and the northern part is still zoned C-2 and lots of types of things
34 could go into that area. He said there was concern,too, about traffic onto U.S. 40. He said the vote was 8-2
35 in favor.
48
Common Council Minutes Cont'd
March 4, 1996
Page-4
1 President Allen declared Ordinance No. 8 - 1996 on public hearing. Seal spoke in favor of the ordinance
2 noting that the area is landlocked and it is not possible to ingress or egress through an R-2 area to get to a
3 C-2 zrea and that is the reason for the request. Speaking to the concern about the traffic, Seal said the
4 owners said these will be four individual storage units and the traffic will be mostly pickup trucks. Seal Eaid
5 he was asked by the Planning Commission why he did not seek ingress and egress from U.S.40 and he'old
6 them they had tried, but with no success. Councilmember Parker asked Seal if the area in question is where
7 the old race track used to be and Seal said he understood that it was. Councilmember Parker said this site
8 abuts residential to the north. Seal responded that Lot 22 is the only one in question with this ordinance.
9
10 Councilmember Parker said he represents all the people to the north and he is concerned about wh t is
11 proposed for the remaining acreage. Seal said there is nothing proposed now. Councilmember Pa er
12 responded that by opening up this street it opens up the entire seven acreas and that is his cons rn.
13 Councilmember Stamper asked if there is a way to limit that specific special use and Bever responded at
14 once it is open to commercial you have no more control over what goes there. Cash said with the C-2 zo ing
15 it is limited to commercial activities conducted wholly within a building.
16
17 Councilmember Stamper said he noted that City Engineer Bob Wiwi cast a dissenting vote in the Planning
18 Commission meeting and he asked Wiwi to step forward to explain why he voted against the ordinance.
19 Wiwi explained that he felt the traffic issue was such that once the area was opened up there would be no
20 way of controlling what goes in there. Councilmember Parker stated that Council voted to let Big Blue go No
21 its present site without the retention pond which they have never built leaving the people in Hidden Va ley
22 losing 10 to 15 feet of their back yards because of the creek. He asked about this site, if the ordinanc is
23 allowed, where will the water go? Wiwi responded the land is fairly flat but the water would eventuallly go
24 into the same water shed Councilmember Parker is referring to. He added that you could put restrictions on
25 the development as far as detention basins and Councilmember Parker said that is what they did with ig
26 Blue and it was never built.Wiwi stated that the City is attempting to get that corrected.
27
28 Councilmember Welch questioned whether or not the area would allow an entrance right of way street built
29 to conform to city standards on a 30 foot lot, asking if that is adequate. He said if it is built below he
30 standards, below the engineering highway department, it could only be a private drive, not a city str et.
31 Councilmember Parker asked how they can be allowed to build mini warehouses in this area and not go i to
32 the area, having the best of both worlds. Councilmember Welch asked if this lot is zoned as a C-2 you could
33 build a private drive to the warehouse base, but if you build a street to access the commercial property t en
34 they would have to conform to road and street standards by right of way and construction mode, don't e
35 accomplish what the petitioner is asking for? Bever said if it is a private drive they can still have any ne
36 driving on that drive adding that they would have to build the street according to specifications.
37
38 Councilmember Dickman said it is reasonable for the owner of the seven acres to have some access to his
39 land to use it in some fashion and asked if there is a better alternative. Wiwi said that was discussed at he
40 Planning Commission and was an issue brought up. Seal said it is the intent to gravel the lot and water is of
41 a severe problem. He asked that Council consider the commercial practicality. Councilmember Parker as ed
42 again if there was any way Council could compromise on this issue tonight. Councilmember Welch said he
43 understood that after this ordinance was heard by the Plan Commission the chairman requested that he
44 planning department prepare an ordinance sponsored by the Planning Department to convert all the lots
45 south of Lot 22 to National Road West as C-2 zoning. Seal said that is true and if that is to occur it does
46 remove some of the objections of the residential because now everything on the east side of Porterfield Nill
47 be changed to C-2 zoning. Cash said that is correct and that ordinance will be presented to the Plann ng
48 Commission at its April public hearing.
49
50 Councilmember Welch said if the zoning is changed to Lot 22 to allow it to go to C-2 it will not be a grpat
51 deal of difference from the proposed ordinance that is being sponsored by the Planning Commission And
52 being brought forward for the hearing. He said with that area south of this lot being requested to go to C- it
53 will likely open up the lot between King's Plaza and Porterfield to C-2. Cash said the reason for he
54 preparation of the ordinance was that the Planning Commission did not like the prospect of zoning only ne
55 lot.
56
57 Jerry Singer, a realtor, said this petitioner is a Richmond resident and Council has the opportunity to h Ip
58 him invest in Richmond. He added that this is a commodity that is quite scarce in Richmond and he want to
59 use the property that has already been determined to be commercial land. Councilmember Hutton as ed
60 how the seven acres got landlocked and did not get an answer.
61
62 Councilmember Elstro moved for engrossment, second by Councilmember Dickman and the motion as
63 carried on a unanimous voice vote.
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Common Council Minutes Cont'd
March 4, 1996
Page 5
1 Councilmember Elstro moved to suspend the rules and advance Ordinance No. 8 - 1996 to third and final
2 reading and read by title only, second by Councilmember Parker and the motion was not carried due to a
3 dissenting vote by Councilmember Parker. Councilmember Elstro explained that if someone casts a No vote
4 on second reading it is held up until the next meeting but the ordinance is still alive. Bever further explained
5 that if Council votes unanimously to suspend the rules there can be a third reading but if one member
6 dissents there can be no third reading at this time.
7
8 Councilmember Stamper suggested that other businesses in that area step forward to be heard to help
9 Councilmembers be better informed so they can make a decision.
10
11 ORDINANCES ON THIRD READING
12
13 There were none.
14
15 UNFINISHED BUSINESS
16
17 There was none.
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19 ADJOURNMENT
20
21 There being no further business,on a motion duly made, seconded and passed,the meeting was adjourned.
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29 Geneva"Gene"Allen, President
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34 ATTEST:
35 Norma Schroeder, City Clerk
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