HomeMy Public PortalAbout03-01-1993 • 217
PROCEEDINGS OF THE COMMON COUNCIL OF THE
CI-W-0E—RIGHMONB:INBIANA:IUTAR�.:-1�93
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• .II
1 The Common Council of the City of Richmond, Indiana met in regular session at 7:30 p.m. Monday, March
2 1, 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 MCBRIDE
9
10 ROLL CALL
11
12 APPROVAL OF MINUTES OF FEBRUARY 16.1993 •
13
14 Councilmember Brookbank made a motion to approve the minutes of the February 16, 1993, meeting as
15 prepared,seconded by Councilmember McBride and carried on a unanimous voice vote.
16
17 COMMUNICATION FROM THE MAYOR
18
19 None
20
21 PRESENTATIONS OF REMONSTRANCES.PETITIONS AND MEMORIALS
22
23 PETITION NO. 1 - 1993 - (ORDINANCE NO. 16 - 1993) - A SPECIAL ORDINANCE VACATING A
24 SIDEWALK ON THE EAST SIDE OF NORTH 13TH STREET BETWEEN NORTH F STREET AND THE
25 NORFOLK AND WESTERN RAILROAD RIGHT-OF-WAY
26
27 Attorney Donald Simkin appeared before the Board asking that the petition be heard. He distributed copies
28 of the map showing the area, explaining that he represented the petitioner which was the Devon Realty
29 Corp.as well as the affiliated corporation, Primex Plastics. He added that Primex is an expanding company
30 and one of the real bright signs in this community, growing along North F Street from North 12th Street all
31 the way to the end on both sides of the street. He explained that Devon Realty and Primex Plastics are both
32 subsidiaries of the same corporation. Devon Realty owns the property located at North F and North 13th
33 from North F Street to the railroad right-of-way. Primex Plastics also owns the property on the west side of
34 the street as well as on the corner of North F and North 13th Street on both corners. The petitioner is
35 requesting that the eastern most 15 feet of right-of-way for North 13th Street, from North F Street south to
36 the right-of-way of the Norfolk and Western Railroad, be vacated. Simkin noted that the drawing he gave
37 each Councilmember showed that Primex wants to expand its entryway out onto where the sidewalk is and it
38 shows the dimensions and an overview of the proposed greenhouse entrance. It also shows another similar
39 extension of the entranceway to another door farther south. He pointed out that there is a 19-foot area from
40 the corner to the south that would be retained by the city and consents had been signed by each of the five
41 utilities confirming there is no utility use of the strip and no objections to the petition.
42
43 Simkin commented that he had had excellent cooperation from the City Planning and City Engineering
44 departments,adding that he knew before going into the project it was going to be done properly.
45
46 President Lundy and Councilmember Allen both noted that it was a common complaint from citizens that it
47 takes so long to get things done. Milligan said this type of thing starts in Council as an ordinance on first
48 reading and under the City's zoning ordinance anything that changes the use or involves change of plan
49 requires a public hearing be conducted by the Planning Commission. He said those steps are required by
50 state law under the planning statutes. He explained that since Council has two months running where it has
51 meetings on the 1st and 15th days of February and March, which is most unusual, and the Planning
52 Commission meets on the fourth Tuesday,the process was shortened because the petition went before the
53 Planning Commission then the ordinance was brought before the Council. He added that this case would
54 have taken almost 90 days but that was shortened to 45 by doing it this way.This was done in an attempt to
55 accommodate developers. President Lundy declared the public hearing closed.
56
57 REPORT FROM CITY DEPARTMENTS
58
59 None presented.
60
61 REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY
62
63 Minutes of the February 11 and 18 meetings had been placed in the Council packets.
64
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218 ' . •
•
Common Council Minutes Cont'd • •
• March'1, 1993 • . •
_ Pagc 2 ,. - ., .
1 REPORTS FROM STANDING COMMITTEES • • 0 • ' -
2 . .
' "Councilmember Brookbank noted that although she was unable to attend the meeting of the Reid Hospital
Board it was a very positive bottom line report.
6 REPORTS FROM SPECIAL COMMITTEES
7
Councilmember McBride noted that a Committee of the Whole had been scheduled for 7 p.m. Wednesday,
March 10,where the clean air ordinance would be discussed.
16
1 REPORTS FROM OTHER COUNCIL COMMITTEES
1
1 None
1,
1 ORDINANCES -
1° .
1 ORDINANCES ON FIRST READING
1: •
1° Councilmember Brookbank made a motion to suspend the.rules and read on'first reading by title only
2° Ordinances No. 16 and 19 - 1993, second by Councilmember McBride and carried by a unanimous voice
2 vote.
2 •
2• ORDINANCE NO.16-1993
2
2• The Clerk read Ordinance No. 16 - 1993 - A SPECIAL ORDINANCE VACATING A SIDEWALK ON THE
2. EAST SIDE OF NORTH 13TH STREET BETWEEN NORTH F STREET AND THE NORFOLK AND
2' WESTERN RAILROAD RIGHT-OF-WAY
2:
2° President Lundy explained this is the ordinance mentioned in the petition.She noted that it is on first reading
34 and has already been explained. Councilmember McBride moved to suspend the rules and read on second
3, reading by title only Ordinance No. 16 - 1993, second by Councilmember Hutton and carried by a
3' unanimous voice vote.
3:
3, The Clerk read Ordinance No. 16-1993 on second reading.
3.
3. President Lundy announced Ordinance No. 16 - 1993 on public hearing. There being no comments for or
3 against, Councilmember McBride moved for engrossment,second by Councilmember Hutton and carried by
3: a unanimous voice vote.
3: •
4. Councilmember Elstro moved to suspend the rules and advance Ordinance No. 16 - 1993to third and final
4 reading and read by title only,second by Councilmember Dickman and carried by a unanimous voice vote.
4'
4: The Clerk read Ordinance No. 16-1993 on third reading.
4 Prior to the vote, Councilmember Donat stated that she felt this is a nice step toward the City's beautification
4. program and a beautiful addition to a building in an important area of the City in the Starr Neighborhood.
4r She added that she was pleased to see the action taking place.
4:
4° Ordinance No. 16- 1993 was adopted by the following call of the roll:
56
5 Ayes:Elstro, Brookbank, Donat, McBride, Parker,Allen, Dickman,Hutton and Lundy(9)
5' Nays:None
5:
5• ORDINANCE NO. 19-1993
5.
5. The Clerk read Ordinance No. 19 - 1993 AN APPROPRIATION ORDINANCE AMENDING THE 1993
51 BUDGET
5c
5 City Controller Dennis Grimes explained the ordinance,noting that it identifies$1,240 that was inadvertantly
60 omitted from the budget when it was passed in September. He said it moves$1,240 from the streets, alleys
6 and curbs category in the Parks and d Recreation fund to actually fund a salary in the Parks and Recreation
6' Department for the,individual who is a secretary and the Park Board secretary. He added that this transfer
6: would equate the 1993 salary with the 1992 salary, noting that this is one of the things thatslipped through
6, the cracks. The second portion of the ordinance deals with moving $2,012 from the building acquisition
6• account in the Cumulative Development Fund to the City Match. He added that the City is required to match
$17,500 on the airport taxiway that was built last summer and it had a shortfall of$2,012.This is money, he
said,that comes from the unobligated appropriation in the Cumulative Capital Development Fund.
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Common Council Minutes Cont'd
March 1, 1993
Page-3
1 Elstro asked if the$1,240 mentioned in the first part of the ordinance cleans out that particular fund. Grimes
2 referred to the new budget book and the line item account noting that it is all within the park and there is a
3 healthy balance left.Councilmember Hutton asked Earnest Jarvis, Director of Public Works, if funds were left
4 to blacktop the back drive in Glen Miller Park. He said the balance was $29,405, adding that he had asked
5 Mark Gasche, Superintendent of Parks and Recreation, to allow his department to contract that drive along
6 with the City streets. He added that he hoped to be able to do more park streets by doing it that way.
7
8 Councilmember Brookbank moved to suspend the rules and advance Ordinance No. 19 - 1993 to second
9 reading and read by title only,second by Councilmember McBride and carried by a unanimous voice vote.
10
11 The Clerk read Ordinance No. 19-1993 on second reading.
12
13 President Lundy declared Ordinance No. 19- 1993 on public hearing.There being no comments either for or
14 against, Councilmember McBride moved for engrossment, second by Councilmember Parker and carried by
15 a unanimous voice vote.
16
17 Councilmember-Parker moved to suspend the rules and advance Ordinance No. 19- 1993 to third and final
18 reading and read by title only,second by Councilmember Dickman and carried by a unanimous voice vote.
19
20 The Clerk read Ordinance No. 19-1993 on third reading.'
21
22 Ordinance No. 19-1993 was adopted by the following call of the roll:
23
24 Ayes:Elstro, Brookbank, Donat, McBride,Parker,Allen, Dickman, Hutton and Lundy(9)
25 Nays:None
26
27 ORDINANCES ON SECOND READING
28
29 ORDINANCE NO.13-1993
30
31 Councilmember Allen noted that the petitioner had withdrawn the petition on Ordinance No. 13- 1993 which
32 was a special ordinance amending the zoning map at 2301 Chester Boulevard and moved that the ordinance
33 be stricken,second by Councilmember Brookbank and carried by a unanimous voice vote.
34
35 ORDINANCE NO.14-1993
36
37 The Clerk read Ordinance No. 14- 1993 - A SPECIAL ORDINANCE AMENDING THE ZONING MAP AT
38 2100,2104,2112 AND 2116 CHESTER BOULEVARD
39
40 Milligan explained the 2nd reading amendment simply incorporates Exhibits B and C. He said Exhibit B deals
41 with 2100 and 2104 Chester Boulevard which is a medical office/dental office complex. Exhibit C deals with
42 2112 and 2116 and is likewise a medical office complex. The two tracts are separated by the property on
43 which is located the office of Dr. Delynn Stults. He added that this ordinance involves two separate pieces of
44 real estate completely separated but since they are in the very same area and both will be moving from R-2
45 Single Family District to R-4 Multi-Family Residence Special Use District, it was considered appropriate to
46 do them together. -
47
48 In answer to Hutton's question about the exact location of the property, Milligan told her the first property was
49 immediately north of the driveway into Heritage House Convalescent Center and the second is due north of
50 the office of Dr.Stults.
51
52 Councilmember Elstro moved to accept the second reading amendment of Ordinance No. 14- 1993,second
53 by Councilmember Hutton and carried by a unanimous voice vote.
54
55 President Lundy declared Ordinance No. 14 - 1993 on public hearing. Director of Planning Robert Goodwin
56 spoke in favor of the ordinance, noting that the Planning Commission had voted unanimously to recommend
57 passage of the ordinance. He noted that Member Len Clark had moved the adoption of a recommendation in
58 favor of the re-zoning subject to the developers making every effort to retain the large trees currently situated
59 near Chester Boulevard and drainage plans being approved ty the City Engineer.
60
61 Hearing no comments against the ordinance, Councilmember McBride moved for engrossment, second by
62 Councilmember Hutton and carried by a unanimous voice vote.
63
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65
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Common Council Minutes Cont'd
March'1, 1993
Pago 4 . ' .
Councilmember Elstro moved to suspend the rules and advance Ordinance No:14 - 1993 to third reading
and read by title only,second by Councilmember McBride and carried by a unanimous voice vote.
• The Clerk read Ordinance No. 14-1993 on third reading. -
• Ordinance No. 14-1993 was adopted on the following call of the roll:
Ayes:Elstro, Brookbank, Donat, McBride, Parker,Allen, Dickman,Hutton and Lundy(9)
• Nays:None
10
1 ORDINANCE NO.15-1993
1
1 • The Clerk read Ordinance No. 15.- 1993 - A SPECIAL ORDINANCE AMENDING THE ZONING MAP AT
1, 3641 EAST MAIN STREET
1 •
1. President.Lundy declared Ordinance No. 15 - 1993 on public hearing. Speaking in favor of the ordinance
1 • was Attorney Gayle Gardner, representing the owners of what he said started out as an 88-acre farm. He
1: noted the owners were Dorothy Thorman and her children who have signed the petition as attorneys in fact
1° and Paul and Ruth Dunlap who,'also signed the petition as attorneys in.fact. The petition requests the
20 rezoning of 14.337 acres at 3641 East Main Street from R-4 Multi-Family Residence District to C-2
2 Commercial District to accommodate anticipated commercial development of the area. The land, he said,
2 was referred to as the John Graf farm and Thorman and Dunlap are his daughters. He said the Grafs
2* purchased the farm in 1940 and noted that this night was a happy occasion not only for the Thormans and
2, Dunlaps but for the City of Richmond since it deals with the area which is the extension of South 37th Street
2 and the extension of South A Street to South 37th Street. He added that the only two other times this farm
2 has been presented to Council:was for Walmart and the shopping center that goes along with the Walmart
2' complex to the west. He explained that this particular piece of property is east of Walmart and South of
2: Kmart and Kroger-Sav-On.
2*
3. Gardner noted that this is a key opportunity for the further development of business and he and the owners
3 are excited about it. However, he added, he was careful in the Planning Commission meeting to say that
3 although it is an accepted offer it is in the form,of an option. He said Errol Klem said he is intending to
3: construct a bowling alley at that location but Gardner nor the owners are know his plans. Gardner said it is
3, an option and it is conceivable that Klem would not construct a bowling alley in that location but he thinks he
3 wouldn't be purchasing the real estate without that intention.Gardnercommented that he felt the City knows
3. more about the Graf farm than the owners, noting the cooperation that originally existed between the Grafs
3' and the City departments had continued through the years.
3:
3' Hearning no comments against the ordinance, Councilmember Elstro moved.for engrossment, second by
41 Councilmember Hutton and carried by a unanimous voice vote.
4
4• Councilmember Elstro moved to suspend the rules and advance Ordinance No. 15 - 1993 to third reading
and read by title only,second by Councilmember McBride and carried by a unanimous voice vote.
The Clerk read Ordinance No.15-1993 on third reading.
4.
4' Ordinance No. 15-1993 was adopted on the following call of the roll:
4:
4• Ayes:Elstro, Brookbank, Donat, McBride, Parker,Allen, Dickman, Hutton and Lundy(9)
5, Nays:None -
51
5' ORDINANCE NO.'17-1993
5:
5, The Clerk read Ordinance No. 17 - 1993 - A SPECIAL ORDINANCE AMENDING THE ZONING MAP AT
5. 1824, 1826 AND.1828 CHESTER BOULEVARD
5.
51 President Lundy declared Ordinance No.17-1993 on public hearing.
5:
5: Attorney Bruce Metzger appeared before the board along, with Jeffrey Baxter, President of Friends
6• Fellowship Community Inc., prospective purchasers contingent on the area being rezoned from R-2 and R3
6 to R-4. Metzger said it was their intention to purchase the property to bank it for future use,noting there are
6' three structures on the property now and plans are to continue to maintain those properties as they are.The
6: reason for the interest in purchasing the property, Metzger explained, is that Chester Boulevard is subject to
development right now and Friends Fellowship Community wants to protect itself in the future. It is evident
6• that development will intensify and it is.believed that the rezoning will help maintain the integrity of the area.
In answer to a question by Councilmember Brookbank,•Baxter said although he has no immediate plans the
area could be used for-possible expansion of residential housing for theelderly, duplex housing or possibly
multi-story. ' i
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Common Council Minutes Cont'd
March 1, 1993
Page-5
1
2 There being no comments against, Councilmember McBride moved for engrossment, second by
3 Councilmember Hutton and carried by a unanimous voice vote.
4
5 Councilmember Elstro moved to suspend the rules and advance Ordinance No. 17- 1993 to third reading
6 and read by title only,second by Councilmember McBride and carried by a unanimous voice vote.
7
8 The Clerk read Ordinance No. 17-1993 on third reading.
9
10 Ordinance No. 17-1993 was adopted by the following call of the roll:
11
12 Ayes:Elstro, Brookbank, Donat, McBride,Parker,Allen, Dickman, Hutton and Lundy(9)
13 Nays:None
14
15 MISCELLANEOUS BUSINESS
16
17 President Lundy reminded Councilmembers that they are to meet at 10 a.m. Saturday at the Senior
18 Community Center if they plan to go on the tour organized by the Parks and Recreation Department.
19
20 She announced that she would be circulating a paper given to her by Mayor Cornett requesting signatures of
21 Councilmembers in favor of the Economic Development Income Tax.
22
23 She also noted that Councilmembers had received in their packets a letter from Casey Foley,former director
24 of the Urban Enterprise Zone Board. She voiced her appreciation of Foley's past work and wished him
25 success in future endeavors.
26
27 Councilmember Hutton commented that the Enterprize Board will be reorganizing, adding that it will take
28 about 30 days to find out exactly what the new Board is going to do with the program. She said she would
29 welcome input from Councilmembers.
30
31 President Lundy expressed regret that Council was unable to attend the two presentations on beautification
32 given recently by Beverly Norwood who had expressed her appreciation for being allowed to tell her story.
33 Mayor Cornett said he had received a nice letter of appreciation from the Mayor of Raleigh, N.C.
34
35 ADJOURNMENT
36
37 There being no further business,on a motion duly made,seconded and passed,the meeting was adjourned.
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43 Etta J. Lundy, President
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48 ATTEST:
49 Norma Carnes,City Clerk
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