HomeMy Public PortalAbout07-06-1993 265
PROCEEDINGS OF THE COMMON COUNCIL OF THE
CIT=Y--Oi =RICHMOND,7 1NDI-AN ULY=6 t993
1 The Common Council of the City of Richmond, Indiana met in regular session at 7:30 p.m. Tuesday,July 6,
2 1993, in the Council Chambers in said City. President Lundy presided with the following Councilmembers
3 present: Elstro, Brookbank, Donat, McBride, Parker,Allen, Dickman and Hutton.The following business was
4 had to-wit:
5
6 PLEDGE OF ALLEGIANCE
7
8 PRAYER- COUNCILMEMBER DONAT
9
10 ROLL CALL
11
12 APPROVAL OF MINUTES OF JUNE 21.1993
13
14 Councilmember McBride moved to approve the minutes of the previous meeting as prepared, second by
15 Councilmember Allen and the motion was carried by a unanimous voice vote.
16
17 COMMUNICATION FROM THE MAYOR
18
19 Mayor Roger Cornett congratulated all the volunteers and organizers of the Gus Macker tournament, noting
20 the success of the event. He commended Ed Mulick and Absocold as sponsors and Mary Walker and her
21 staff at Wayne County Convention & Tourism Bureau. He also noted his appreciation of the volunteers with
22 the American Legion Harry Ray Post No. 65 and the city employees who volunteered and worked hard to
23 make the fireworks a successful event this year. He commented on the re-opening of the former Radisson
24 Hotel,saying he had met the management team and was impressed with the quality of the people. He added
25 that among the exciting, positive things happening in the city was the coming of the new Graphcor plant and
26 Sanco Peterson plant.
27
28 PRESENTATIONS OF REMONSTRANCES. PETITIONS AND MEMORIALS
29
30 Councilmember McBride commended John Cate and all the people who chipped in and helped with the
31 renovation of McBride stadium to get it ready for the upcoming games this weekend. He said a flower bed
32 had even been added out front. Mayor Cornett added that Cate had done his normal great job in helping with
33 the cleanup and had even called to make sure the City was not going to pave the street while the ball games
34 are going on.
35
36 Councilmember Brookbank commented on the beauty of the fireworks as she was going through
37 Hagerstown heading back to Richmond.
38
39 President Lundy recognized the visitors in the audience. She noted that Ed Corbin and Joe Spicer,
40 instructors from Townsend Center Job Training Program Act, were there with several of the students. She
41 also asked Councilmember Dickman to comment on the poster he had distributed to other Councilmembers
42 and City officials prior to the meeting. He announced that a son, Samuel, had been welcomed into the
43 Dickman family, making his parents and two sisters very happy.
44
45 REPORT FROM CITY DEPARTMENTS
46
47 None presented.
48
49 REPORT FROM OTHER OFFICES
50
51 None presented.
52
53 REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY
54
55 A. Minutes of the June 18 and 24 meetings were included in the Councilmembers'packets.
56
57 B. Councilmember Elstro asked City Attorney Thomas Milligan to hit the highlights of the purchase
58 of the Wayne Corporation Building and lease to Carpenter Corp.
59
60 61
Milligan responded that each Councilmember had received a copy of the deed as well as the
settlement sheet and a copy of the letter to Herschel Philpot, the finance manager of Richmond
62 Power & Light, requesting authority on the basis of the loan and distinguishing it from a utility
63 loaning to a municipality for current expenses and anticipation tax levy. He added that it had been
64 the subject of a discussion previously at RP & L meetings. Also in each packet, he said, was a
65 copy of the promissory note and a copy of the letter from City Controller Dennis Grimes which
confirms the first year's interest rate at 3.49 percent.
266
Common Council Minutes Cont'd
July 6, 1993
Page-2
He said that is obtained for a 12-month period and each anniversary date of the note will be reset
and adjusted based on a 12-month treasury bill rate. A copy of the limited warranty deed was also
in each packet, he said, as well as a closing statement which shows the disbursement of the
$2,500,000,the contract sale price,funded by RP& L to the City. An additional expense in closing,
he added,was $1,879,the largest of which was $1,100 toward the survey costs. That $1,879 was
paid out of the Economic Development department budget. He said that under the terms of the
7 purchase agreement the seller was to provide a current survey not only establishing the perimeter
boundaries of the property but also locating the improvements with relation to those perimeter
• boundaries.
10
1 Milligan said the seller agreed to pay up to $5,000 of that cost, the total of which was $6,100. He
1 explained that is why the city picked that $1,100 up because the purchase agreement limited the
1 seller's cost. Another item in each packet was a letter to Jerry Geier, insurance consultant in the
1• Department of Law, and Russ Turner representing Robbins, Matherly & Dils, which refers to an
1 insurance binder furnished to the City insuring the building at $3 million. He said the projected
1. premium for that is $6,540 which will be subject to various rating reviews. He added that it will be
1 part of the blanket property damage policy which is on all the structures the City owns. The only
1: one not included is the airport and that is on a separate policy.
1°
20 An additional item in each packet, Milligan said, is the agreement for purposes of the environmental
2 cleanup efforts that are underway. It states that all material on the site left abandoned by Wayne
2 Corp. was either acquired by Carpenter or moved from the site. Property disposed of by the
2 environmental consultant of the seller will all be at the seller's expense.
2,
2. The largest document in each packet, Milligan said, is the lease between Richmond, Indiana with
2 the Board of Public Works as landlord and Carpenter Manufacturing Inc. That was entered into in
2 June 3 by the Board of Public Works&Safety. It provides that the City will pay for real estate taxes
2 and any external maintenance to the major part of the structure which means primarily the roof.All
2 other maintenance costs will be assumed by the tenant. He added that the City will also bring any
3 internal systems up to workable condition at the outset of the lease term but the ongoing expense
3 of the mainentance of these systems will be Carpenter's responsibility. Milligan said Mark Kennedy,
3 works manager for Carpenter, has prepared a list of those items and over half are already under
3 contract to be repaired and will be paid for by the seller. He concluded with the last item in the
34 packet which is the option to extend the lease term, which he said has been reviewed in previous
3 meetings of this Board.
3
3 Councilmember Elstro asked what will be the total amount of dollars taken in for rent. Milligan
3 answered that at 50 cents per square foot, the total would be $100,000 per year. Taxes, he said,
3 will be about$85,000 per year. In answer to Councilmember Elstro's question about the money to
4 pay RP & L, Milligan said it would come out of the Board of Works budget. He explained that next
4 year there will be three different places where the expenses related to this project will appear. The
4 interest will be budgeted within the Board of Works budget to pay the insurance premium.The city
41 pays taxes on properties it owns and those taxes will appear in the budget.The income will appear
as an item in the general fund income budget. He added that this project is not separately budgeted
4 or funded.
4.
4 Answering a question posed by Councilmember Elstro, Milligan said if the interest rate at 3.49 for a
4: full year is projected it will total approximately $88,786, plus the $6,000 in insurance, plus taxes at
4s about$84,000,that will make the total expenses next year at approximately$200,000. He said the
5+ cash flow, as far as this being an investment for the city will be $100,000 short. He added,
5 however, that two assumptions have been made. Number one is that Carpenter will be leasing
5' more than 200,000 square feet by the beginning of 1994 and they will be paying that during 1994.
5: The budget however will show only what they are committed to lease throughout the entire lease.
5 The second assumption is that this is not a profit making venture for the City as an investment.This
5. project, Milligan explained, is to bring upwards in time 400 jobs to Richmond so in terms of
5• investment that does not mean cash in, cash out based on $2.5 million, but a total economic
5 package coming to this City which will produce taxes and a lot of income for a number of
5: businesses in this City.That, he said,was the motivation behind it.
5•
6. Councilperson Parker asked about major repairs and Milligan said the only major one would be the
6 roof and that was replaced only a year ago with a 25-year warranty. He said ordinary maintenance
6' will be the responsibility of the tenant. He added that the City does not anticipate any expense in
6: the areas of lighting, landscaping and resurfacing.
6,
6
267
Common Council Minutes Cont'd
July 6, 1993
Page
1 In answer to a question posed by Councilmember Donat, Miligan said the City does not anticipate
2 doing any major work at the site. He added that the major initiative of the City is to bring an
3 employer to town to fill that 535,000 square foot of empty building. He said the lease is a
4 combination of standard commercial leases and this project is designed to bring jobs to the City and
5 employment opportunities to those who are underemployed. He added that the major significant
6 development in this is a seven-year labor contract with the U.A.W. Local and once that was
7 achieved the City was in a position to make an offer which Carpenter found attractive. He said that
8 offer was made with the idea of accommodating Carpenter and the U.A.W.
9
10 Councilmember Donat asked if the language in the contract concerning the environmental issue
11 meant that the City would be liable for anything over a half million dollars. When Milligan answered
12 in the affirmative, Councilmember Donat questioned as to whether the City had been protected.
13 Mayor Cornett answered a question by Councilmember Elstro concerning the accounting of the
14 money and time spent on this particular building. He said an adequate record of every expenditure
15 will be kept which is normal accounting practice. He added that Wayne Corp. was in this City for
16 100 years and averaged 300 to 400 jobs over that period and if you look at the same possibility for
17 Carpenter you try to think in terms of the value of that and in his mind all of these numbers tend to
18 become very small. He added that this administration did not do this to rent 200,000 square feet for
19 any significant period of time but did this on the premise that Carpenter would take all 500,000
20 square feet in a very short period of time and create these jobs and maintain them. He said there is
21 no question as to whether or not it is a risk, adding that nothing is guaranteed. However, he said,
22 the administration thought the risk is safe enough to invest the citizens'money and that the potential
23 return far outweighs any risk or cost that has been encountered so far or will be encountered during
24 the term of the lease. He added that he is extremely confident that the City will get its money back
25 and more.
26
27 Councilmember Brookbank said she wanted to add a positive note, commenting that during this
28 transition of Wayne Corp. shutting down and Carpenter taking over, she has had several calls from
29 people concerned about being out of work. Now, she said, she is happy that employment for these
30 people is in the near future. In answer to Councilmember Hutton's question, Milligan said the original
31 term of the contract is for seven years with an option for three years and a second option for five
32 years. He added that is contained in the last document in their packets showing a contractual
33 liability for 15 years. Milligan said there is an opportunity to sublet. He pointed out that in the original
34 proposal to the RP & L Board the cash flow was positive because the original proposal was a
35 request for an extraordinary dividend for $2.5 million. However, after the Board recessed, the
36 proposed resolution changed and became a loan rather than a distribution and at that point the cash
37 flow was negative immediately. He added that that was very easy to project at that time. Milligan
38 said the City will make up the negative cash flow because it intends to keep its interest payments
39 current to RP &L. He added that it will come as a strain to the budget if Carpenter does not pick up
40 additional space and if that is the case the general fund budget will have to have a right to have a
41 short fall. He said the City intends to keep its commitment to the RP&L Board.
42
43 Councilmember Parker asked if there was any way the City could renegotiate a new lease with a
44 new tenant and Milligan answered that could be done only if Carpenter defaults. When
45 Councilmember Parker asked about a mortgage, Milligan said Carpenter would have nothing to
46 mortgage as long as the City has the title, adding that there is no way Carpenter can encumber the
47 lease and real estate. He said from a business standpoint Carpenter would exercise the option to
48 purchase the building and would have the ability to borrow the money for a longer term at possibly a
49 more advantageous rate. He added that traditionally, financing of machinery is short term. He said
50 that Carpenter will probably get to the point where they decide to enter into a long term financing
51 and will mortgage the premises and the 92 acres and that is when the City will be paid off.
52
53 REPORTS FROM STANDING COMMITTEES
54
55 Councilmember Brookbank commented on the article in the Palladium-Item about new doctors coming into
56 the City. She said the procurement of new doctors in this community is going well. She noted that during the
57 meeting of the Reid Hospital Board, members went on a tour of the new Home Care Services now housed in
58 the Internists building.She added that the program has gone from five employees to 125 in home services.
59
60 Councilmember McBride reported that he had a recommendation from the Street Tree Commission that
61 Deborah Weber, Richmond State Hospital groundskeeper, be named to replace Jad Daggy who had
62 resigned. He moved to accept the recommendation, second by Councilmember Brookbank and the motion
63 was carried by a unanimous voice vote.
64
65
268
Common Council Minutes Cont'd
July 6, 1993
Page-4
Councilmember Hutton reminded members that they needed to call in their reservations for the City.
employee pool party scheduled for Tuesday. She also noted that a new family swim program is starting on
Thursday evening at a charge of only $1.50 for two hours. She urged everyone to participate. She added
that at a recent meeting of the Enterprise Zone Board it was decided to bring before Council a special
• ordinance to extend the Enterprise Zone. She said she was merely alerting members to the fact that it is to
be presented in the near future.
REPORTS FROM SPECIAL COMMITTEES
10 None
1
1 REPORTS FROM OTHER COUNCIL COMMITTEES
1
1, None
1*
1. ORDINANCES
1
1: ORDINANCES ON FIRST READING
1'
2n Councilmember Brookbank moved to suspend the rules and read on first reading by title only Ordinances
2 No. 47 and 48 - 1993, second by Councilmember Allen and the motion was carried by a unanimous voice
2. vote.
2.
2, ORDINANCE NO.47-1993
2
2. The Clerk read Ordinance No. 47- 1993 -A SPECIAL ORDINANCE AUTHORIZING THE APPROVAL OF
2 STATEMENTS OF BENEFITS FOR PROPERTY OWNERS APPLYING FOR DEDUCTIONS UNDER I.C. 6
2: -1.1 -12.1
2°
3 Councilmember Parker reported that the Tax Abatement Committee had met and reviewed the companies
3 that were applying for abatement of real estate and machinery. He noted that machinery can be abated for
3• up to five years and real estate up to 10. He added that the statements of benefit seemed to meet the
3: requirement of the law and the committee recommended approval.
3.
3. Councilmember Brookbank moved to suspend the rules and advance Ordinance No. 47 - 1993 to second
3. reading and read by title only, second by Councilmember McBride and the motion was carried by a
3 unanimous voice vote.
3:
3. President Lundy declared Ordinance No.47-1993 on public hearing.There being no comments either for or
4, against, Councilmember McBride moved for engrossment, second by Councilmember Brookbank and the
4 motion was carried by a unanimous voice vote.
4'
. Councilmember Brookbank moved to suspend the rules and advance Ordinance No. 47- 1993 to third and
4 final reading and read by title only, second by Councilmember McBride and the motion was carried by a
unanimous voice vote.
4.
4 The Clerk read Ordinance No.47-1993 on third reading.
4:
4 Ordinance No.47-1993 was adopted on the following call of the roll:
5,
5 Ayes:Elstro, Brookbank, Donat, McBride, Parker,Allen, Dickman, Hutton and Lundy(9)
5� Nays:None
5:
5, ORDINANCE NO.48-1993
5.
5. The Clerk read Ordinance No. 48 - 1993 - AN APPROPRIATION ORDINANCE AMENDING THE 1993
5r BUDGET
5:
5: Bill Smith, manager of the Street Division, said additional funds are needed to do the contractual paving in
6. Phase 2 of the paving program. He added that there is a fairly long list of streets his division would like to
6 see finished up this year. In answer to Councilmember Parker's question about the sand and gravel and
6� other supplies, Smith said there is adequate money for that. He said Phase I of the program has already
6: been published in the Palladium-Item and includes Williamsburg Pike, Peacock Road and North West 13th
6, Street. Phase II includes Hub Etchison Parkway, North West L, Bridge Avenue,the City's portion of Waterfall
6. Road, Reeveston Road, Southeast Parkway, University Boulevard, North Seventh Street from North A to
Fort Wayne Avenue, a section of Fort Wayne Avenue, North Sixth Street from North A to Fort Wayne
Avenue, Crestdale Drive, a section of South B Street,the City's portion of Backmeyer Road,Oak Park Drive
and Autumn Way.
269
Common Council Minutes Cont'd
July 6,, 1993
Pages
1 Answering Councilmember Dickman's question about South 22nd Street in front of Test Middle School,
2 Smith said that is on the list to do as an in-house project. He added that paving is being done on the West
3 side of town and will be progressing counter clockwise. He noted that the list he just mentioned is for
4 contractual services which take care of the larger jobs because it is more than the City's equipment can
5 handle. Some of the areas which were targeted by Councilmembers as they rode their districts with him, he
6 said, are not on the list but will be done by in-house paving. Councilmember McBride complimented Smith
7 and his crew for the good job they've done. Councilmember Brookbank commented that visiting friends told
8 her they are responsible for putting in their own sidewalks and curbs in the City where they live and added
9 that they have never lived in an area where the City is responsible as in Richmond. In answer to that, Smith
10 said he had met with the Mayor and Earnest Jarvis, Director of Public Works, to discuss alternatives to the
11 City shouldering the burden of paving. He said there are two small crews on a very limited budget to care for
12 200 miles of curbs and sidewalks and the three of them are taking a long hard look at it and hope to come up
13 with a plan which will work for everybody concerned. Councilmember Donat also commended Smith for his
14 good work.
15
16 Councilmember Dickman moved to suspend the rules and read Ordinance No.48- 1993 on second reading
17 by title only,second by Councilmember McBride and the motion was carried by a unanimous voice vote.
18
19 The Clerk read Ordinance No.48-1993 on second reading.
20
21 President Lundy declared Ordinance No.48-1993 on public hearing.There being no comments either for or
22 against, Councilmember Brookbank moved for engrossment, second by Councilmember McBride and the
23 motion was carried by a unanimous voice vote.
24-
25 Councilmember Brookbank moved to suspend the rules and advance Ordinance No. 48 - 1993 to third
26 reading and read by title only, second by Councilmember McBride and the motion was carried by a
27 unanimous voice vote.
28
29 The Clerk read Ordinance No.48-1993 on third reading.
30
31 Ordinance No.48-1993 was adopted on the following call of the roll:
32
33 Ayes: Elstro, Brookbank, Donat, McBride,Parker,Allen, Dickman, Hutton and Lundy(9)
34 Nays: None
35
36 ORDINANCES ON SECOND READING
37
38 The Clerk read Ordinance No. 36 - 1993 - A SPECIAL ORDINANCE AMENDING THE ZONING MAP AT
39 350 WAYNE ROAD
40
41 Councilmember Allen explained that this ordinance asking for the rezoning so that D &J Mobile Homes can
42 erect a sign on the property was discussed at the meeting of the Plan Commission. She said there were five
43 factors necessary for recommendation and they were met. Councilmember Hutton asked if this is the
44 property where all the junk cars are. Larry Cash of the City Plan Department answered in the affirmative.She
45 asked if these would be cleaned up if the ordinance is passed. Cash said he was not familiar with the
46 property but there doesn't appear to be any activity such as bringing additional cars onto the property. In
47 answer to Councilmember Brookbank's question,Cash said the property is owned by Curtis Beavers.
48
49 Cash displayed a map of the area using the slide projector. He said the property is zoned R-1 now and junk
50 cars are in violation. He said historically efforts to clean up the property has met with the owner's resistance.
51 He added that there are a number of zones he could request to allow him to have a sign but M-2 was
52 requested because other property in that area also has an M-2 designation. Cash said Beavers is only a
53 party to this request because he owns the property on which D&J Mobile Homes wants to erect the sign. He
54 added that Beavers is not the petitioner. That is D & J Mobile Homes and they have requested the M-2
55 zoning. Councilmember Parker asked if it would be appropriate to approve the request based upon the
56 clearing up of the violations. Milligan answered that the ordinance is for an M-1 zoning, not an M-2, and that
57 condition cannot be imposed if it is simply changing the zoning. However, if it is designated special use, it
58 could be imposed. In answer to Councilmember Hutton's question, Milligan said an M-2 zoning would allow
59 the junk vehicles to stay.Cash commented that he stood corrected.
60
61 Douglas Norris, attorney from Cambridge City, said he represented Jerry Jennings of D &J Mobile Homes
62 who had entered into a lease agreement with Curtis and Margie Beavers to place a sign on the east slope of
63 a hill on their property. He said state requirements would be met in that it would be 400 feet from a sign by
64 Webb's Antique Mall. He added that it would be of assistance to D & J Mobile Homes as far as notifying
65 travelers of their business.
270
Common Council Minutes Cont'd
July 6, 1993
Page 6
1 Councilmember Parker told Norris that his concern was with the junk cars and although he realized it was
not Norris's concern that since they're hand in hand he had a problem. Norris answered that he thought it
would be no problem because the sign is professionally made and the type of zoning asked for is not
inconsistent. If the property would still be in violation Norris said is would not prohibit the powers that be from
enforcing the ordinance. He didn't see that the two were related. In answer to Councilmember Dickman's
question about enforcement, Milligan said the City is limited to the zoning ordinance, however, the
Department of Law could go ahead and issue a ticket and if the owner did not respond an injunction suit
could be filed to get a mandatory injunction. He said no action had been taken in the past but the
• Department of Law would place it as a priority. Milligan said Council did not have to wait on that
1 i enforcement,adding that the department had received no complaints and that type of enforcement within the
1 two-mile jurisdiction is in response to complaints. He said the Department of Law would make it a priority to
1- get Beavers'attention.
1
1, Councilmember Donat commented that D&J Mobile Homes will be the loser if Council decides not to adopt
1* the ordinance and she is not one to hinder, but noted there is a lot of talk about economic development and
1; when cars go by on 1-70 they see the junk cars and it is an eyesore. She said that perhaps putting on some
1 financial pressure will get Beavers'attention, noting that is he had no financial gain he might possibly clean
1: up the property. She suggested that Council either hold off action or deny the request and have it
1° re-submitted when the property is made to look better from 1-70.
20
2 Councilmember Dickman agreed, but pointed out that Council now has a commitment from the
2: administration that the problem will be taken care of and the M-1 zoning permits a sign to be erected but not
2 junk cars. President Lundy said it is an obvious infraction and if Council gives its approval it is in a sense
2, saying it approves of the violation. She said she would suggest putting on some type of stipulation. Milligan
2 said the junk car enforcement comes under state statute and would have to be done by the Wayne County
2. Sheriff's Department because all the City can enforce is the violation of the zoning ordinance.That's the only
2 way to enforce a cleanup of the area. Milligan added that it is clear to him that it is the will of the Council to
2: take action to clean up the junk cars and that will be done.
2°
30 President Lundy declared Ordinance No.36-1993 on public hearing.There being no comments either for or
3 against, Councilmember Dickman moved for engrossment, second by Councilmember Brookbank and
3 carried by a vote of 8.-1 with Councilmember Donat voting against.
3•
3, Councilmember Brookbank moved to suspend the rules and advance Ordinance No. 36 - 1993 to third and
3 final reading and read by title only, second by Councilmember McBride and lacking a unanimous vote, with
3° Councilmember Donat voting against, the ordinance stayed on third reading where it will be at the next
3 meeting of Council.
3:
3° ORDINANCE NO,37-1993
40
4 The Clerk read Ordinance No. 37 - 1993 _ A SPECIAL ORDINANCE AMENDING THE ZONING MAP AT
4 612 INDIANA AVENUE
President Lundy declared Ordinance No. 37- 1993 on public hearing. Councilmember Allen mentioned that
4• the property is adjacent to Mobile Manor and was sold subject to approval. She added that the Plan
4° Commission recommended approval.
4.
4: President Lundy declared Ordinance No.37- 1993 on public hearing.
4°
50 Attorney George Sowers spoke on behalf of the petitioner, Terry Bell. He said the 85- by 304-foot lot had
5 been sold subject to the buyer being able to place a manufactured home there on a permanent foundation.
5
5• Hearing no comments against the ordinance, Councilmember Dickman moved for engrossment, second by
5• Councilmember Hutton and the motion was carried by a unanimous voice vote.
5
5. Councilmember Brookbank moved to suspend the rules and advance Ordinance No. 37 - 1993 to third and
5 final reading and read by title only, second by Councilmember McBride and the motion was carried by a
5: unanimous voice vote.
5°
60 The Clerk read Ordinance No.37-1993 on third reading.
6
6 Ordinance No.37- 1993 was adopted on the following call of the roll:
6•
6 Ayes:Elstro, Brookbank, Donat, McBride, Parker,Allen, Dickman, Hutton and Lundy(9)
6• Nays:None
271
Common Council Minutes Cont'd
July 6, 1993
Page 7
1 ORDINANCE NO.42-1993
2
3 The Clerk read Ordinance No. 42 - 1993 - A SPECIAL ORDINANCE AMENDING THE ZONING MAP ON
4 CART ROAD IMMEDIATELY EAST OF HIGHLAND LAKE GOLF COURSE
5
6 Councilmember Donat commented on the letter written by Wanda Ronan which Councilmembers received in
7 their packets, noting that Ronan stated that neither the county nor state had been contacted about the traffic
8 problem she addressed in her letter. Councilmember Donat asked why that had not been done. Jim Lowry,
9 an architect with Freeman Planning and Design, said his firm had discussed the project with the county
10 engineer who is in charge of the road system, various utility companies and zoning officials. He said the talk
11 had been in general terms as to development standards and there had been no talk expressly about the
12 safety of the road system.
13
14 Councilmember Allen commented that the longest discussion at the Plan Commission meeting was about
15 the traffic. Lowry explained that the subdivision was laid out for 145 lots but it was anticipated that only 10
16 houses would be built in a year's time which would not pose a traffic problem all at once. He added that the
17 sizes of the lots will be one-third of an acre and the homes will cost in the area of $125,000. He said the
18 sewer capacity is sufficient and the Plan Commission had voted unanimously for approval.
19
20 Wanda Ronan at 245 East Highland Road noted that residents in the area are not against a subdivision
21 being established. However,their concern is the volume of traffic that the building of 160 new homes will add
22 to an already dangerous intersection. She noted that she had supplied Councilmembers with copies of the
23 accident report from the Wayne County Sheriff's office. She asked that the developer contact the City,county
24 and state representatives to meet and discuss the traffic problem and see what can be worked out for the
25 benefit of all concerned.
26
27 Ruth DeLucio at 2311 Highland Road said she had lived in the area for 13 years. She said that in the
28 summer when it gets hot and dry the area is nothing but a fire hazard for all properties because of the weed
29 growth. She added that if houses are built there they are going to contain children and they will have
30 bicycles. She said the road is hilly as is Cart Road and something should be done with the road whether the
31 houses are built or not. She questioned the cost of the sewer and the water and asked if a new station would
32 have to be put in to the main sewer. She invited Councilmembers to visit the area and take a look at the
33 situation.She asked whether RP& L or REMC would furnish the lighting.
34
35 Councilmember Hutton asked if the same rule applies here as in a subdivision where the developer will have
36 to come back before the Plan Commission for approval of anything. Milligan said this will be under the county
37 subdivision controller, adding that the City controls the zoning but the building standards and all will be
38 administered by the county. He said the county has a subdivision control ordinance. DeLucio asked if the
39 utilities were going to be put in before the houses or if the lots were going to be sold and the owners allowed
40 to put in their own. Lowry responded that those types of decisions would be made by the developer.
41
42 Mayor Cornett commented that last year a letter was written to the state requesting a survey of all of U.S. 27
43 North, particularly between the hospital and interstate. He said the state responded that it would accept that
44 as a corridor study project and although he hasn't followed up on it that was an indication that the state had
45 accepted U.S. 27 North as a major project. He said indications were that if the study went well the state
46 would consider doing something like it did on U.S.40 East and add a fifth lane. He added that that was not a
47 promise and the study would have to be done first then the project would have to be budgeted and
48 scheduled which meant a process of several years. Councilmember Donat commented that a subdivision
49 might actually help the situation because it would mean all the more people to petition for action by the state.
50
51 Dave Hunter, a 15-year resident who said he lived adjacent to the proposed addition, agreed that the
52 addition is not going to hurt anything but the traffic problem is a major concern. He said adding 160 homes,
53 with two cars per family, and the traffic with the golf course there, is only going to add to the problem. He
54 said Highland Road is only 20 feet from the exit and people going north trying to turn onto the road have to
55 wait until they pass the exit and turn on their signal for a 20-foot turn. If they don't do that, he said,somebody
56 is apt to pull out in front of them because they think they are getting ready to turn. Pointing the area out on
57 the map, Hunter said if vehicles going north on U.S. 27 want to get on 1-70 to go to Indianapolis drivers have
58 to turn toward Columbus to go toward Indianapolis and that poses a serious problem. He said out-of-town
59 people do not see that sign and if they do it is pointing to Columbus and they know that is not the way to
60 Indianapolis so they try to jump over the curve and turn the corner beside the guard rail to make a left hand
61 turn and in the process they get into trouble. Hunter said he is also concerned about the utilities and the
62 two-lane Cart Road which he said is substandard. He asked Councilmembers to visit the area to look at the
63 situation first hand.
64
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276)
Common Council Minutes Cont'd
July 6, 1993
Eag_e 8
1 Lowry responded to several of the concerns, noting that an investment of $200,000 will be made for the
extension of the sanitary sewer and water lines prior to the sale of any of the lots and people living along
Highland Road will also have the opportunity to use those utilities. He added that annexation has been
studied and it appears that this property, although it is next to the golf course, is not contiguous to the City
and would not be readily available for annexation. He said the gas line along Highland Road and the sanitary
sewer as well as the water line will all be pressure systems.Also, in talking with the county engineer, Lowry
said, the county will be obligated to make improvements to the east side of Cart Road along the proposed
building site. He said that will probably be an entire lane. He added that the power will be provided by
REMC.
1
1 Councilmember Brookbank moved for engrossment, second by Councilmember Allen and the motion was
1 carried by a unanimous voice vote.
1
1 Councilmember Brookbank moved to suspend the rules and advance Ordinance No. 42 - 1993 to third and
1 final reading and read by title only, second by Councilmember McBride and the motion was carried by a
1 unanimous voice vote.
17
1: The Clerk read Ordinance No.42-1993 on third reading.
1•
20 Councilmember Brookbank commented that she would like for the county and state to be alerted to this
2 situation. Councilmember Hutton said she would encourage the city officials to make sure the county and
2 state are advised of the problem.
2
2, Ordinance No.42-1993 was adopted on the following call of the roll.
2
2. Ayes:Elstro, Brookbank, Donat, McBride, Parker,Allen, Dickman, Hutton and Lundy(9)
27 Nays:None
28
2 ORDINANCE NO.43-1993
3
3 The Clerk read Ordinance No. 43 - 1993 - A SPECIAL ORDINANCE AMENDING THE ZONING MAP AT
3 820 WEST NATIONAL ROAD
3.
3 President Lundy announced that Ordinance No.43-1993 was on public hearing.
31
Attorney George Sowers, appearing on behalf of the petitioners, Richard and Mildred Powell, said they had
3 entered into a sales agreement with Terry and Deborah Jenkins and the petition requests rezoning to R-3
3 special use for business and adminstrative offices. He said the office is an allowed use in an R-3 zone but
3 the purpose of the special use is to protect neighborhoods which might otherwise be declining or not
4 propertly maintained. He added that he felt this is the appropriate use for this petition.
4
4 He said the property in question has been used for a single family residence and is a large older Victorian
style residence on the north side of National Road West in the 800 block opposite the Earlham College
campus. He said he is aware that the college has come concerns about the petition and wanted to point out
4$ that the house has been owned by the Powells since December 1969. Describing the area further, Sowers
4 said the house immediately to the east is owned by the college and is used for student housing as is the
47 second house to the east which is at the intersection of South West 8th and National Road West.
4 Immediately east of the intersection is Doan & Mills Funeral Home. The property immediately west of the
4 subject property is a single family residence owned by Terry and Deborah Jenkins which, Sowers said,
5 showed they have a personal interest in the neighborhood. The second house is a residential group home
5 owned by Dunn Mental Health. Sowers said Powell is relocating to Oregon and his family has already
5 moved.Once he is out of the house there will be only one single family residence left.
5
Sowers said he asked how long the house had been owned by Earlham College and Powell said as long as
51 he has been there. He pointed out that the comprehensive zoning ordinance was passed in 1968 and he
assumed that the college's ownership predates the building ordinance because it is zoned R-2. He added
that he felt it important that Council be informed of the changing nature of the neighborhood, noting that to
the west are many businesses or homes that are rented or have absentee owners. One of the concerns the
college has,Sowers said, is the parking issue. In the original petition five parking spaces were requested for
the front to be used by the clientele,but the petitioner agreed at the Plan Commission hearing to reduce that
61 to three which is the absolute minimum they would require. Sowers explained that traffic is not all that great
6 to a real estate office because much of its business is done by telephone or fax but there is a need for some
6• readily available spots for parking. The house, Sowers said, is a tall structure with an elevated porch and
6, with an attractive redecoration the eye would be attracted to the building itself with the parking being an
6 unobtrusive feature. In answer to Councilmember Hutton's question about shrubs, Sowers said the petitioner
would do whatever was needed to cooperate.
273
Common Council Minutes Cont'd
July 6, 1993
Page 9
1 In answer to Councilmember Hutton's question as to whether conditions could be imposed, Milligan said
2 since it is special use conditions can be imposed and that three conditions had been recommended by the
3 Plan Commission in its letter.These included signage one-and-a-half by four feet,three front parking spaces
4 for clientele only and landscaping. Councilmember Allen said the Plan Commission had approved the
5 petition with those three recommendations.
6
7 Richard Smith, vice president of finance for Earlham College, said the college was not opposed to rezoning
8 but wanted to try to protect the area. He noted that it is basically commercial from South West 5th Street to
9 Hub Etchison Parkway and from Clear Creek Park to the west but the college wished to try to maintain the
10 single family residences and green space in that area. That is the basis, he said, for asking Council to limit
11 the number of parking spaces in the front to only two, noting that three would be more obtrusive.
12 Councilmember Brookbank noted that the spaces would possibly be used very little in the evenings. Smith
13 said most parking in the area is in back of the homes with access off the alley. He said there is more than
14 adequate parking behind the building in question. Councilmember Donat commented that she had talked to
15 Terry Jenkins by telephone and he explained that it is much more desirable for the clients to come in through
16 the front door than the rear door since they would have to walk through the kitchen area.She said he told her
17 that there would possibly be only one or two cars in those spaces at any given time and that three cars would
18 be an exception. She said she felt Jenkins had already been more than generous having compromised from
19 five to three spaces.
20
21 Councilmember Elstro moved to limit the number of spaces to two. However, having no second, the motion
22 died on the floor.
23
24 Councilmember Parker moved to add the three stipulations laid out by the Plan Commission, second by
25 Councilmember Allen and the motion was carried by a unanimous voice vote. Councilmember Allen moved
26 for engrossment,second by Councilmember Parker and the motion was carried by a unanimous voice vote.
27
28 Councilmember Brookbank moved to suspend the rules and advance Ordinance No. 43 - 1993 to third and
29 final reading and read by title only, second by Councilmember McBride and the motion was carried by a
30 unanimous voice vote.
31
32 The Clerk read Ordinance No.43- 1993 on third reading.
33
34 Ordinance No.43-1993 was adopted on the following call of the roll:
35
36 Ayes:Elstro, Brookbank, Donat, McBride, Parker,Allen, Dickman, Hutton and Lundy(9)
37 Nays:None
38
39 ORDINANCE NO.45-1993
40
41 The Clerk read Ordinance No. 45 - 1993 - A SPECIAL ORDINANCE RE-ESTABLISHING THE
42 CUMULATIVE CAPITAL DEVELOPMENT FUND FOR 1994, 1995 AND 1996
43
44 Milligan presented the proof of publication which was accepted through a motion by Councilmember Parker,
45 second by Councilmember Brookbank and carried by a unanimous voice vote.
46
47 Milligan explained the ordinance is to re-establish the Cumulative Capital Development Fund otherwise
48 known as CCDF and noted that under the statutes it can be adopted for three years. He said this action will
49 adopt it for taxes collected in 1994, 1995 and 1996, adding that this is the third such extension since it was
50 originally established by Ordinance No. 44 in 1984. He added that state law requires a public hearing in this
51 particular situation and comments should be invited for and against. Hearing no comments either for or
52 against, Councilmember Dickman moved for engrossment, second by Councilmember Brookbank and the
53 motion was carried by a unanimous voice vote.
54
55 Councilmember Brookbank moved to suspend the rules and advance Ordinance No. 45 - 1993 to third and
56 final reading and read by title only, second by Councilmember McBride and the motion was carried by a
57 unanimous voice vote.
58
59 The Clerk read Ordinance No.45-1993 on third reading.
60
61 Ordinance No.45-1993 was adopted on the following call of the roll:
62
63 Ayes: Elstro, Brookbank, Donat, McBride,Parker,Allen, Dickman, Hutton and Lundy(9)
64 Nays: None
65
LL
Common Council Minutes Cont'd
July 6, 1993
Page 10
ORDINANCES ON THIRD READING
None
MISCELLANEOUS BUSINESS
None
ADJOURNMENT
1
1 There being no further business,on a motion duly made,seconded and passed,the meeting was adjourned.
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2 Etta J. Lundy, President
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2 ATTEST:
2 Norma Carnes,City Clerk
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