HomeMy Public PortalAbout08-03-1992 1,
PROCEEDINGS OF THE COMMON COUNCIL OF THE
CI-T-1(=Of RICHMOND;INDIANA-AUGUST=3T1 92
1 The Common Council of the City of Richmond, Indiana met in regular session at 7:30 p.m. Monday, August
2 3, 1992, in the Council Chambers in said City. President Elstro presided with the following Councilmembers
3 present: Lundy, Brookbank, Donat, McBride, Parker, Allen, Dickman and Hutton. The following business
4 was had to-wit:
5
6 PLEDGE OF ALLEGIANCE
7
8 DEVOTIONS BY GENE ALLEN
9
10 APPROVAL OF MINUTES OF JULY 20.1992
11
12 Councilmember Brookbank made a motion to approve the minutes of the previous meeting as prepared,
13 seconded by Councilmember McBride and carried on a unanimous voice vote.
14
15 PRESENTATIONS OF REMONSTRANCES. PETITIONS AND MEMORIALS
16
17 A petition was presented by Councilmember Hutton from residents in the 700 block of South West First
18 Street for the Board of Works requesting inclusion in the restricted parking area expanded by Ordinance No.
19 21 -1992. Out of 18 residents, 13 are in favor,two don't care,two said no and one was not at home.
20
21 COMMUNICATION FROM THE MAYOR
22
23 None was presented.
24
25 REPORT FROM CITY DEPARTMENTS
26
27
28 REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY
29
30 Councilmember McBride expressed his appreciation to whoever was responsible for patching the crossing
31 on North West L Street. Councilmember Brookbank thanked Ernie Jarvis, director of Public Works, and Bill
32 Smith, manager of the Street Division, for the newly completed sidewalks around Charles School.
33 Councilmember Elstro expressed his concern to Jarvis that the back fill on the new line Richmond Gas
34 Corporation is installing on South Seventh Street may not be according to standards. Jarvis said he would
35 get an inspector down there.
36
37 REPORTS FROM STANDING COMMITTEES
38
39 Reporting on the Reid Hospital Board meeting, Councilmember Brookbank said $92,500 will be spent on
40 the renovation of outpatient surgery area.
41
42 REPORTS FROM SPECIAL COMMITTEES
43
44 Councilmember Lundy said all the Councilmembers should have received the notice of a meeting of the
45 Committee of the Whole with the Department of Law set for 7 p.m. Wednesday, August 5, in the Board of
46 Works room.
47
48 REPORTS FROM OTHER COUNCIL COMMITTEES
49
50 None were presented
51
52 ORDINANCES
53
54 ORDINANCES ON FIRST READING
55
56 Councilmember Brookbank moved to suspend the rules and read on first reading by title only Ordinances
57 No.46-1992 and 47- 1992,second by Councilmember Hutton and carried by a unanimous voice vote.
58
59 ORDINANCE NO.46-1992
60
61 The Clerk read Ordinance No. 46 - 1992 - AN APPROPRIATION ORDINANCE AUTHORIZING THE CITY
62 OF RICHMOND TO RECEIVE BUILD INDIANA FUNDS
63
64 Milligan explained the ordinance was merely a procedure whereby the City accepts the grant that was made
65 by the state of Indiana approved by Governor Bayh and the State Budget Agency on June 17, 1992. The
grant was transmitted to Mayor Cornett on July 6 through a letter from Frank Sullivan Jr., the agency
director.
134
Common Council Minutes Cont'd
August-3,-1-992
Page-2
The grant agreement is for $200,000 which is the funding available from the Build Indiana Fund, Milligan
said. The money was accumulated from receipts from the lottery. He added that projects can be adjusted
but through this ordinance Council will determine which projects will be funded locally. The state will accept
them as long as they're in the general area of infrastructure.
Milligan explained that the original list was submitted last year then projects were redefined and the most
recent project list was submitted in April of this year. The City was informed by State Representative
1 Richard Bodiker and State Senator Allen Paul that the City's request had reached the top of the list and the
1 House Ways and Means Committee had approved the request.
1
1 Projects include the German-American Friendship Garden in between the Richmond Rose Garden and the
1, E.G. Hill Rose Garden in Glen Miller Park; the installation of signs represents the City's commitment of the
1 sign fund being raised by the Chamber of Commerce; paving and grading of the North 10th Street parking
1• lot which will complete the project that Council approved in December 1991; improvement of the property on
1 South Sixth Street, the off-street parking facility leased to Color Box; a total of $75,000 was allowed for the
1: renovation of the Charles House in Glen Miller Park but Milligan said that project was helped somewhat
1° when it was used earlier this year as the Decorator Show House which was a fund-raiser for the Art
20 Association of Richmond which means only about $9,250 will be needed for structural work;the balance of
2 the fund will be used for curbs,gutters,drains and streets throughout the city.
2
2 Councilmember Brookbank moved to suspend the rules and advance Ordinance No. 46 - 1992 to second
24 reading and read by title only,second by Councilmember Parker and carried by a unanimous voice vote.
2
2 The Clerk read Ordinance No.46- 1992 on second reading.
2
2 President Elstro declared the ordinance on public hearing. There being no comments either for or against,
2 Councilmember McBride moved for engrossment, second by Councilmember Parker and carried by a
3 unanimous voice vote.
3
3 Councilmember Lundy moved to suspend the rules and read Ordinance No. 46 - 1992 on third reading and
3 `read by title only, second by Councilmember McBride and carried by a unanimous voice vote.
3
3 The Clerk read Ordinance No.46- 1992 on third and final reading.
3
3 Ordinance No.46- 1992 was adopted on the following call of the roll:
3
3 Ayes:Lundy, Brookbank, Donat, McBride, Parker, Allen, Dickman, Hutton and Elstro (9)
4 Nays:None
4
4
4 ORDINANCES ON SECOND READING
4
4 ORDINANCE NO. 34 -1992
4
4• The Clerk read Ordinance No. 34 - 1992 - A SPECIAL ORDINANCE VACATING A PORTION OF ELM
4 PLACE LOCATED EAST OF NORTH 10TH STREET BETWEEN NORTH D AND E STREETS
4
5 President Elstro asked for comments from Councilmembers. Milligan noted the letter from the Planning
5 Commission is a report of the public hearing held earlier and should become a part of the record along with
5 the ordinance. Councilmember Parker made the motion to incorporate the letter with the ordinance, second
51 by Councilmember Dickman and carried by a unanimous voice vote.
5,
5. President Elstro declared the ordinance on public hearing. Daniel Stamper, petitioner and owner of the
5. property mentioned in the ordinance, said he would be happy to answer questions.There being none and no
5. one speaking against the ordinance, Councilmember Brookbank moved for engrossment,- second by
5: Councilmember McBride and carried by a unanimous voice vote.
5s
6, Councilmember Brookbank moved to suspend the rules and advance Ordinance No. 34- 1992 to third and
6 final reading and read by title only, second by Councilmember Lundy and carried by a unanimous voice
6 vote.
6:
6, The Clerk read Ordinance No.34- 1992 on third and final reading.
6.
Ordinance No.34- 1992 was adopted by the following call of the roll:
Ayes:Lundy, Brookbank, Donat, McBride, Parker,Allen, Dickman, Hutton and Elstro (9)
Nays:None
1dZ4
Common Council Minutes Cont'd
August 3,1992
Page-3
1
2
3 ORDINANCE NO.35-1992
4
5 The Clerk read Ordinance No. 35 - 1992 - A SPECIAL ORDINANCE VACATING AN ALLEY IN WILLIAM
6 BAXTER'S ADDITION TO THE CITY OF RICHMOND
7
8 President Elstro announced the Planning Commission had approved the ordinance by a unanimous vote of
9 9 to 0. Councilmember McBride moved that the letter submitted explaining that vote be recorded with the
10 ordinance,second by Councilmember Lundy and carried by a unanimous voice vote.
11 .
12 Councilmember Lundy noted that the alley had been vacant for many years. She said the neighbors have
13 been caring for it and this would make it their land. President Elstro declared the ordinance on public hearing.
14 With no comments made either for or against, Councilmember Allen moved for engrossment, second by
15 Councilmember McBride and carried by a unanimous voice vote.
16
17 Councilmember Lundy moved to suspend the rules and advance Ordinance No. 35 - 1992 to third and final
18 reading and read by title only,second by Councilmember McBride and carried by a unanimous voice vote.
19
20 The Clerk read Ordinance No.35-1992 on third and final reading.
21
22 Ordinance No.35-1992 was adopted on the following call of the roll:
23
24 Ayes:Lundy, Brookbank, Donat,McBride, Parker,Allen, Dickman, Hutton and Elstro(9)
25 Nays: None
26
27 ORDINANCE NO.37-1992
28
29 The Clerk read Ordinance No.37- 1992-A SPECIAL ORDINANCE AMENDING THE ZONING MAP IN THE
30 1900 BLOCK OF STRAIGHTLINE PIKE
31
32 President Elstro asked for comments from Councilmembers before opening Ordinance No. 37 -1992 for a
33 public hearing. There being none he asked for those in favor of the ordinance to come forward. Richard
34 Terwilliger, owner of the property,said he was in attendance to answer any questions.
35
36 Speaking against the ordinance was Sandy Legear of 2011 Boston Pike who had a petition signed by
37 residents and photographs of the water problem she said existed in the area. She said it was the same
38 problem with the drainage that residents had in 1989 when the request was made by Terwilliger the first time.
39 She questioned Council about the C-4 designation and asked why a C-1 would not work as well. She voiced
40 concern about what kind of businesses might be started if the area is made C-4. She added that she had
41 lived at her current address 12 years and several times during that period the ditch near her property has
42 come to within inches of overflowing.
43
44 Jarvis agreed there was a problem. President Elstro said the request by Terwilliger has been turned down
45 three times because of the neighbors' concern with the drainage problems. Speaking to Legear's concern
46 about the possible businesses locating in the area if the ordinance passes, Robert Goodwin, director of
47 Planning, pointed out those falling under the C-4 requirements include barber shops, beauty shops, food
48 stores,drug stores, bakeries and garden shops.
49
50 City Engineer Robert Wiwi noted that he was familiar with the problem. He said it was a small area involved,
51 less than two-and-one-half acres. Since the problem exists downstream, he said owners will have to allow
52 his people access to their properites to see what can be done.
53
54 Using a map, Goodwin pointed out that the bottleneck is on the Elks Country Club property and showed
55 where the drainage passed through.
56
57 In an effort to bring Councilmembers up to date on the situation, Terwilliger explained that the southern one
58 fourth of the property is in the flood plain and one half of that is in the flood way. He said he originally wanted
59 to build 14 townhouses and contacted the Department of Natural Resources to see what could be done to
60 lower the elevation of the flood way. DNR sent three teams to analyze the situation and it was determined
61 that a seven-and-one-half foot tube which had originally been suggested to go under the access drive to the
62 Elks would not be of sufficient size. However, 18 months later,the DNR said if a second tube was installed it
63 would lower the flood plain so that portion of the property could be utilized. After getting prices for the second
64 tube, Terwilliger said the ordinance was turned down by Council again. He said the tube would help the
65 problem but he wouldn't say it would alleviate it. He added that the flood way for the stream acts fine once it
is beyond the access road and if another tube is installed it would let the water through faster.
1'36
Common Council Minutes Cont'd
August 3, 1992
Page_4 - - -
Councilmember Donat also expressed concern about the kinds of businesses which might possibly locate in
the area. Legear said those signing the petition were also concerned about the increase in traffic if the
ordinance is passed.
Speaking to the neighbors'concern about possible businesses,Terwilliger noted that the property covered a
relatively small area and the parking requirements would preclude any large dance hall being placed in that
location. He added that before any business is placed there it has to go before the Zoning Board and
Building Permit Department.
1 .
1 Before any further action by Council, Councilmember Hutton asked Milligan that a stipulation be made to
1 make an earnest effort to alleviate all possible drainage problems in the area and he assured her that Mayor
1 Cornett will write a letter to that effect. Councilmember Allen made the motion that the letter be written,
1 second by Councilmember Parker and carried by a unanimous voice vote.
1
Councilmember Dickman moved for engrossment, second by Councilmember Parker and carried by a
unanimous voice vote.
1
1 Councilmember Brookbank made a motion to suspend the rules and advance Ordinance No. 37 - 1992 to
2 third and final reading and read by title only, second by Councilmember McBride and carried by a
2 unanimous voice vote.
2
2: The Clerk read Ordinance No.37-1992 on third and final reading.
2
25 Ordinance No.37-1992 was adopted on the following call of the roll:
26
22/ Ayes: Lundy, Brookbank, McBride, Parker,Allen and Dickman (6)
Nays: Donat, Hutton and Elstro (3)
2°
30 ORDINANCE NO.39-1992 -
3
3 The Clerk read Ordinance No. 39 - 1992 - A SPECIAL ORDINANCE AMENDING THE ZONING MAP AT
3 THE NORTHWEST CORNER OF THE INTERSECTION OF NORTH SALISBURY ROAD AND WEST MAIN
111
3, STREETS
3
3^ Milligan explained that a C-4 zoning permits a commercial recreational use without the condition that
3 requires it to be in an enclosed building. He said a C-2 zoning is the first place where commercial
3: recreational use is a permitted principal use but a required condition is that any use has to be within an
3^ enclosed building. He added that the Planning Commission had conducted the public hearing on the basis it
40 would be C-2 with the understanding that it was necessary for the developer to go before the Board of
4 Zoning Appeals and have the required condition varied in that the two 18-hole putt putt golf course and the
4 batting cages would have to be outside rather than an enclosed building.
4
44 Councilmember Hutton made a motion to amend the ordinance to read C-2 instead of C-4, second by
4 Councilmember McBride and carried by a unanimous voice vote. Councilmember Allen made the motion to
46 added the letter from the Planning Commission to the ordinance, second by Councilmember Parker and
carried by a unanimous voice vote.
4
4 President Elstro stated the Planning Commission had voted 8 to 1 to deny the request and declared the
5' ordinance on public hearing.
5
5 David Mullins, agent for the petitioners, showed Councilmembers a sketch of the area hoping to avoid any
5 confusion over the issue. He said an unchangeable buffer exists in the area and said the ordinance would
5 determine whether it should be developed by a business or remain a dumping area.
5•
5 He pointed out on the map that many trees grow along the creek line making a natural buffer. He said
5 residents appearing before the Planning Commission stated there were no trees there. He called the
5 property a dump site, adding that nobody would build a house there and there isn't enough room for a
5 skating rink. He said if the land is not rezoned it will remain a dump with its chunks of asphalt and concrete.
6' Noting the concern over whether or not there are trees on the land, Mullins showed photographs which he
6 had taken recently from several different angles showing clearly a good amount of trees and vegetation.
6
6 Commenting on the Planning Commission's 8 to 1 vote denying the request, Councilmember McBride asked
64 Goodwin to interpret that vote. Goodwin responded that the Master Plan calls for all the area to be zoned
66 C-2 retail/commercial with the balance outside the city limits along the path of the creek where the
apartments are located being R-4.
13f4
Common Council Minutes Cont'd
August 3, 1992
Page 5
1
2 Remonstrators appearing at the meeting, Goodwin added, live in the subdivision east of the area in
3 question. He said it is his opinion that if the request is denied it will doom the property because it is not
4 suitable for much of anything the way it is presently zoned. Contrary to the Planning Commission's
5 recommendation,Goodwin said it is his recommendation the request be approved. He said Council will have
6 to made a determination if the City can get some economic benefit from the property. He added that if
7 Councilmembers say no to the request they are saying no to any economic return.
8
9 In answer to a question posed by Councilmember Brookbank, Goodwin said he felt that the land would not
10 be economically useful for an apartment complex.
11
12 Councilmember Dickman said at the Planning Commission meeting he voted against the request because he
13 was concerned that the residents appearing at the meeting denied there was a buffer. However, he said he
14 has visited the property since the meeting to see for himself.
15
16 Dale Brooks, owner of the property which is now a used car lot but was formerly a service station, said the
17 property in question had been used as a dump for years. He said he has had a business on that corner for
18 14 years and has seen people throw their grass clippings in the area. He added that thieves have even
19 hidden in the area and stolen goods have been found on the land.
20
21 Councilmember Brookbank asked if there will be enough space for parking on the site and Mullins answered
22 that it was sufficient for his needs, pointing out that C-2 zoning has to provide parking on site or no permit is
23 issued.
24
25 Lucille Toschlog, 3816 Elizabeth Street, owner of the property in question, said it would be nice to have the
26 area cleared up. She said she feels the business proposed by Mullins is a decent thing to have and added
27 she would love to have the area re-zoned.
28
29 No one appeared at the meeting to speak against the ordinance.
30
31 Councilmember Dickman moved for engrossment, second by Councilmember Parker and carried by a
32 unanimous voice vote.
33
34 Councilmember Brookbank made the motion to suspend the rules and read Ordinance No.39- 1992 on third
35 reading and read by title only,second by Councilmember Parker and carried by a unanimous voice vote.
36
37 The Clerk read Ordinance No.39- 1992 on third reading by title only.
38
39 Ordinance No.39-1992 was adopted by the following call of the roll:
40
41 Ayes:Lundy,Donat,Allen, Dickman, Hutton and Elstro(6)
42 Nays:Brookbank, McBride and Parker(3)
43
44
45 ADJOURNMENT
46
47 There being no further business,on a motion duly made, seconded and passed,the meeting was adjourned.
48
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51
52 Howard J. Elstro, President
53
54
55
56 ATTEST:
57
58 Norma Carnes, City Clerk
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