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HomeMy Public PortalAbout08-05-1991 PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF RICHMOND. INDIANA, AUGUST 5, 1991 1 The Common Council of the City of Richmond, Indiana met in regular session on August 5, 1991 at the hour 2 of 7:30 P.M. in the Council Chambers in said City. President Hutton presided with the following 3 Councilmembers present: Elstro, Lundy, Brookbank, Hankinson, McBride, Parker, Morris and Paust. 4 Absent: None. Representatives of the following media were in attendance: WCTV CABLE 16, 5 WKBV/WFMG,WHON/WQLK and Palladium Item. The following business was had to-wit: 6 7 PLEDGE OF ALLEGIANCE 8 9 SILENT DEVOTIONS 10 11 CLARIFICATION AND APPROVAL OF MINUTES OF JULY 15. 1991 12 13 Councilmember Hankinson asked that page 8, lines 30 and 31 of the previous minutes be clarified to reflect 14 that the work performance "had been highly satisfactory". He asked the quoted words be added to the 15 minutes to clear up the interpretation of the statement. Councilmember Hankinson so moved to amend the 16 minutes of the previous meeting with the addition of "had been highly satisfactory" at the end of line 31 on 17 page 8,seconded by Councilmember Brookbank and on unanimous voice vote the motion was carried. 18 19 Councilmember Morris moved to approve the minutes of the previous meeting as amended, seconded by 20 Councilmember McBride and on unanimous voice vote the motion was carried. 21 22 COMMUNICATIONS FROM THE MAYOR 23 24 Mayor Frank Waltermann reported to Council that the 1992 proposed budget was presented for action and 25 asked that Ms. Sweet, City Controller, make comment on information received from the State Board of Tax 26 Commissioners. 27 28 Ms. Sweet informed Council that when she prepared the budget it was 126,000.00 over levy, but today she 29 was presented new information from the State making the budget 485,000.00 over levy. Ms. Sweet 30 informed Council that the State indicated this could be appealed through property tax replacement credit and 31 she requested Council to leave the budget as presented and not make cuts. 32 33 Mayor Waltermann added that the State did apologize for their mistake and any problems it might have 34 caused. 35 36 Councilmember Hankinson asked Mayor Waltermann to assist in getting an area paved at the South East 37 corner of Reeveston Road and 27th Street where a curb was torn out, but the hole still remains only filled 38 with gravel. 39 40 PRESENTATION OF REMONSTRANCES, PETITIONS AND MEMORIALS 41 42 None were presented. 43 44 REPORTS FROM CITY DEPARTMENTS 45 46 None were presented. 47 48 REPORTS FROM OTHER OFFICES 49 50 None were presented. 51 52 REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY 53 54 Councilmember Parker asked that the Board be reminded about SW 9th and lath Streets and that the Gas 55 Company put cuts in the streets the day after they had been paved. He said the Gas Company has been 56 told that they have to have the street 100% repaired and he felt if they did not do this they should have to 57 repave it, particularly since they had notification of our paving and they had no permit for the curb cut. 58 59 Councilmember McBride asked Mayor Waltermann to check on paving being held up in Barryfield because 60 the Gas and Water companies were supposed to be laying new lines. 61 62 He also asked that an area at Ridge and N at the corner of the Belden parking lot be checked where the 63 street is caving in and noted that the NW L Street railroad crossing is also getting more hazardous. 64 65 Councilmember Elstro asked City Attorney Metzger is he had any response from the railroads and Mr. 66 Metzger said he had not. 1 Common Council Aug.5, 1991 Page 2 1 Councilmember Morris asked Mr. Metzger about his investigation for options for noise complaints and also 2 options on the Council's ability to create funds to collect fees for animal sheltering and control functions. 3 4 Councilmember Morris asked also that requests regarding traffic hazards on National Road be followed up 5 on with the State Department of Transportation. 6 7 REPORTS FROM SPECIAL COMMITTEES 8 9 Committee of the Whole 10 11 Councilmember Lundy announced a Committee of the Whole meeting set for August 15, 1991 at 7:00 PM for 12 discussion of the proposed 1992 budget. She asked all department heads be present. 13 14 REPORTS FROM STANDING COMMITTEES 15 16 Reid Hospital 17 18 Councilmember Brookbank announced she was serving on the No Smoking Committee for Reid Hospital and 19 shared some of the options. 20 21 REPORTS FROM SPECIAL COUNCIL COMMITTEES 22 23 None were presented. 24 25 MISCELLANEOUS BUSINESS 26 27 Council Comments or Complaints 28 29 None were presented. 30 31 RESOLUTIONS 32 33 Councilmember Elstro moved to suspend the rules and read Resolution No. 14-1991 by title only, seconded 34 by Councilmember Brookbank and on unanimous voice vote the motion was carried. 35 36 RESOLUTION NO. 14-1991 37 38 The Clerk read by title only Resolution No. 14-1991 -A RESOLUTION APPROVING THE STATEMENT OF 39 BENEFITS APPLICATION OF CERTAIN FIRMS INSTALLING NEW MANUFACTURING EQUIPMENT 40 AND/OR CONSTRUCTION IMPROVEMENTS ON REAL ESTATE IN ECONOMIC REVITALIZATION 41 AREAS IN THE CITY OF RICHMOND, INDIANA. 42 43 Councilmember Parker reported that the Tax Abatement Committee had met and all applications meet the 44 legal requirements and approval was recommended. 45 46 There being no discussion, Councilmember Morris moved for adoption of Resolution No. 14-1991, seconded 47 by Councilmember McBride and on unanimous voice vote the motion was carried. 48 49 ORDINANCES 50 51 ORDINANCES ON FIRST READING 52 53 Councilmember Brookbank moved to suspend the rules and read on first reading by title only Ordinances 54 No. 39, 40 and 41-1991, seconded by Councilmember Morris and on unanimous voice vote the motion was 55 carried. 56 57 ORDINANCE NO.39-1991 58 59 The Clerk read on first reading by title only Ordinance No. 39-1991 - AN ORDINANCE FOR 60 APPROPRIATIONS AND TAX RATES. (1992 BUDGET) 61 62 President Hutton announced the Ordinance would be advertised for public hearing and final adoption and 63 would be assigned to Committee of the Whole. 64 65 66 19 Common Council Minutes Con't Aug.5, 1991 Page 3 1 ORDINANCE NO.40-1991 2 3 The Clerk read on first reading by title only, Ordinance No. 40-1991 - AN ORDINANCE AMENDING 4 CHAPTER 154 OF THE MUNICIPAL CODE, BEING ORDINANCE NO. 2326-1968, COMMONLY KNOWN 5 AS THE ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA PROVIDING FOR THE 6 REZONING OF PROPERTY LOCATED IN THE 1800 BLOCK OF SOUTH L STREET, ON THE SOUTH 7 SIDE FROM R-2 SINGLE FAMILY RESIDENCE DISTRICT TO C-2SU COMMERCIAL SPECIAL USE 8 DISTRICT; AND ALSO AUTHORIZING THE SPECIAL USE OF SAID PROPERTY AS A COMMERCIAL 9 DEVELOPMENT UNIT PROJECT. 10 11 President Hutton assigned the Ordinance to the Plan Commission for public hearing and recommendation. 12 13 ORDINANCE NO.41-1991 14 15 The Clerk read on first reading by title only Ordinance No. 41-1991 - AN ORDINANCE AMENDING 16 AMENDED ORDINANCE NO. 36-1991 (1992 SALARY ORDINANCE FOR THE CITY OF RICHMOND 17 INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1992 AND ENDING DECEMBER 31, 1992). 18 19 Councilmember Morris moved to suspend the rules and move Ordinance No. 41-1991 to second reading, 20 seconded by Councilmember Brookbank and on unanimous voice vote the motion was carried. 21 22 The Clerk read the ordinance on second reading. 23 24 President Hutton apologized to Mr. Kinnett for informing him he did not need to be present at the salary 25 ordinance hearing since Council had no problem with the staff in his office,but Council subsequently deleted 26 his secretarial position. 27 28 President Hutton announced the ordinance was on public hearing. 29 30 Speaking for the Ordinance was Mr. Jim Kinnett, Economic Development Director. Mr. Kinnett informed the 31 Council the office was placing emphasis on outreach marketing requiring enhanced travel by the Director 32 and Assistant. He said there is a need to have the office staffed with a professional secretary/receptionist 33 when both other staff members are on the road. Mr. Kinnett said they had not filled the position to date 34 because they are using full time temporary and using the time for planning for the Board to determine the 35 direction of the office. Mr. Kinnett said he hoped this ordinance would be adopted in order that they might 36 have a full time position. 37 38 Councilmember Hankinson said he has studied the new mission statement of the office and concurs with the 39 need for this position to be re-established. 40 41 Councilmember Parker asked if the current position was being paid from temporary dollars and Ms. Sweet 42 explained it was and that temporary dollars had been placed in the 1992 budget when the position was 43 deleted which would go back into regular salaries if the position is re-established. 44 45 There being no further questions, Councilmember Morris moved for engrossment, seconded by 46 Councilmember Hankinson and on unanimous voice vote the motion was carried. 47 48 Councilmember Morris moved to suspend the rules and move Ordinance No. 41-1991 to third and final 49 reading and read by title only, seconded by Councilmember McBride and on unanimous voice vote the 50 motion was carried. 51 52 The Clerk read the ordinance on third and final reading by title only. 53 54 Ordinance No.41-1991 was adopted on the following call of the roll: 55 56 Ayes: Elstro, Lundy, Brookbank, Hankinson, McBride, Parker, Morris, Paust and Hutton (9) 57 Nays: None 58 59 ORDINANCES ON SECOND READING 60 61 ORDINANCE NO.33-1991 62 63 The Clerk read on second reading, Ordinance No. 33-1991 -AN ORDINANCE AMENDING CHAPTER 154 64 OF THE MUNICIPAL CODE, BEING ORDINANCE NO. 2326-1968, COMMONLY KNOWN AS THE 65 ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA PROVIDING FOR THE REZONING OF PROPERTY LOCATED AT 912 AND 914 MENDLESON DRIVE, FROM R-2 SINGLE FAMILY RESIDENCE DISTRICT TO C-2SU COMMERCIAL SPECIAL USE DISTRICT;AND ALSO AUTHORIZING THE SPECIAL USE OF SAID PROPERTY AS A COMMERCIAL DEVELOPMENT UNIT PROJECT. Common Council Minutes Cont'd Aug.5, 1991 Page 4 1 President Hutton announced the ordinance was on public hearing and the Plan Commission had presented 2 amendments to the ordinance. 3 4 Councilmember Elstro move to amend Ordinance No. 33-1991 per the recommendations of the Plan 5 Commission,seconded by Councilmember Brookbank and on unanimous voice vote the motion was carried. 6 7 Speaking in favor of the amended ordinance was Mr. Larry Matson, Tharaldson Development Corporation. 8 Mr. Matson told Council they were requesting final approval of the Planned Unit Development and he 9 submitted final site plans with the Council. Mr. Matson stated they had hired a local surveyor to get 10 Department of Transportation permits for the site drainage and will be doing appropriate buffering and 11 landscaping with trees,fencing and bushes along with construction of a public sidewalk. 12 13 Mr. Allen Kennedy, 807 NW C Street, District Manager of Richards Restaurants, told Council they had 14 granted an access to the Comfort Inn to their parking lot to alleviate Mendleson Drive traffic and he felt it was 15 beneficial that Comfort Inn would build and operate their own motel. Mr. Kennedy stated that he was aware 16 that the Council was concerned with the variance from the PUD to 1.3 acres, but felt this could be an 17 advantage for other developments not wanting that much property. 18 19 Mr. Kennedy said he felt Green Acres would always be a problem because they needed access, but felt 20 they needed to have some moral obligation to police their own people. 21 22 Councilmember Brookbank asked how long Richards had been there and if they had zoning problems and 23 Mr. Kennedy said ten years and they purchased an existing business already zoned. 24 25 Speaking in opposition was Mr. Ben Kovach, 900 Mendleson Drive, representing the residents of the area. 26 Mr. Kovach thanked Mr. Kennedy for the stop sign he put in the restaurant lot exiting onto Mendleson and 27 felt it helped. Mr. Kovach told Council with the advent of Wendy's and Meijers traffic will increase and he did 28 not know how to solve the traffic problems in the area. 29 30 Mr. Kovach addressed the Council regarding the variance to 1.3 acres on the PUD and stated that if this111 31 ordinance passes the PUD process is out the window and would not be worth the paper it is written on. He 32 said the Council will have set a precedent for Planned Unit Developments by allowing the purchase of lesser 33 ground and do projects with less property. 34 35 Mr. Kovach requested the neighbors in attendance in opposition to please stand for their attendance to be 36 noted by Council. 37 38 There being no further discussion, Councilmember Elstro moved for engrossment, seconded by 39 Councilmember Brookbank and on unanimous voice vote the motion was carried. 40 41 Councilmember Elstro moved to suspend the rules and move Amended Ordinance No. 33-1991 to third and 42 final reading and read by title only, seconded by Councilmember Brookbank and on unanimous voice vote 43 the motion was carried. 44 45 The Clerk read the ordinance on third and final reading by title only. 46 47 Amended Ordinance No.33-1991 was adopted on the following call of the roll: 48 49 Ayes: Elstro, Brookbank, McBride, Parker and Paust (5) 50 Nays: Lundy, Hankinson, Morris and Hutton (4) 51 52 ORDNANCE NO.34-1991 53 54 The Clerk read on second reading, Ordinance No. 34-1991 - AN ORDINANCE VACATING A CERTAIN 55 UTILITY EASEMENT LOCATED AT 912 AND 914 MENDLESON DRIVE ALONG THE NORTH LINE OF 56 LOTS 4 AND 5 IN THE HIGHLAND VIEW ADDITION. 57 58 The Proof of Publication was presented and found to be in order. Councilmember Brookbank moved to 59 accept and file the Proof of Publication, seconded by Councilmember McBride and on unanimous voice vote 60 the motion was carried. 61 62 President Hutton announced the ordinance was on public hearing and the Plan Commission had 63 recommended approval. 64 65 Mr. Dan Dooley explained this was a utility easement across two lots and needed to be vacated. He said that RP&L and GTE are using the easement and the developer will relocate the utilities. 21 Common Council Minutes Cont'd Aug.5, 1991 Page 5 1 Mr. Larry Matson told the Council that both utilities will vacate for a 25 ft. easement in another area and that 2 gas,water,sanitary and cable will not be effected. 3 4 Mr. Ben Kovach asked the Council how this vacation could be approved before the zoning request was final 5 and he was informed this was the final action by Council. 6 7 Councilmember Morris moved for engrossment of Ordinance No. 34-1991, seconded by Councilmember 8 Brookbank and on unanimous voice vote the motion was carried. 9 10 Councilmember Morris moved to suspend the rules and move Ordinance No. 34-1991 to third and final 11 reading and read by title only, seconded by Councilmember McBride and on unanimous voice vote the 12 motion was carried. 13 14 The Clerk read the ordinance on third and final reading by title only. 15 16 Ordinance No.34-1991 was adopted on the following call of the roll: 17 18 Ayes: Elstro, Lundy, Brookbank, Hankinson, McBride, Parker, Morris, Paust and Hutton (9) 19 Nays: None 20 21 ORDINANCE NO.37-1991 22 23 The Clerk read on second reading, Ordinance No. 37-1991 -AN ORDINANCE AMENDING CHAPTER 154 24 OF THE MUNICIPAL CODE, BEING ORDINANCE NO. 2326-1968, COMMONLY KNOWN AS THE 25 ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA PROVIDING FOR THE REZONING OF 26 PROPERTY LOCATED IN THE 2400 AND 2500 BLOCK OF CHESTER BOULEVARD, ON THE EAST 27 SIDE FROM R-2 SINGLE FAMILY RESIDENCE DISTRICT AND A C-2 COMMERCIAL DISTRICT TO 28 C-2SU COMMERCIAL SPECIAL USE DISTRICT;AND ALSO AUTHORIZING THE SPECIAL USE OF SAID 29 PROPERTY AS A COMMERCIAL DEVELOPMENT UNIT PROJECT. 30 31 President Hutton announced the ordinance was on public hearing and the Plan Commission had 32 recommended amendments. 33 34 Councilmember Morris moved to amend Ordinance No. 37-1991 as Plan Commission recommended, 35 seconded by Councilmember Parker and on unanimous voice vote the motion was carried. 36 37 Mr.John Schook, Grand Rapids, Michigan, representing Meijers informed the Council that agreements had 38 been worked out between Meijers, City Planning and Indiana University East. He said additional 39 landscaping has been added along the IU property line by both Meijers and IU East, the gas pumps and 40 convenience store would be 173 ft. from the property line,they would do a marker sign so not to overpower 41 IU's sign and will improve 27 to five lanes with a signal lining up with Locust Drive. 42 43 Councilmember Parker asked about reference to six traffic lanes in the ordinance and Mr. Schook said that 44 was the deceleration lane into their property. 45 46 Councilmember McBride asked Dr. Nelms, Chancellor of IU East to address the Council. 47 48 Dr. Nelms said he was pleased to report their six concerns were resolved and that IU was an active 49 participant in funding the final landscaping plans. Dr. Nelms thanked Meijers for their cooperation and for 50 allowing the IU East Campus to retain the park like atmosphere. He said as a tax payer/voter he would ask 51 Council to develop an ordinance that better spells out specific terms for development and does address 52 aesthetics, traffic and quality of life. Dr. Nelms stated the PUD approach is inadequate for long term 53 situations. 54 55 There being no further discussion, Councilmember Elstro moved for engrossment, seconded by 56 Councilmember Brookbank and on unanimous voice vote the motion was carried. 57 58 Councilmember Brookbank moved to suspend the rules and move Ordinance No. 37-1991 to third and final 59 reading and read by title only, seconded by Councilmember McBride and on unanimous voice vote the 60 motion was carried. 61 62 The Clerk read Amended Ordinance No.37-1991 on third and final reading by title only. 63 64 Amended Ordinance No.37-1991 was adopted on the following call of the roll: 65 Ayes: Elstro, Lundy, Brookbank, Hankinson, McBride, Parker, Morris, Paust and Hutton (9) Nays: None 22 Common Council Minutes Cont'd Aug.5, 1991 Page 6 1 ORDINANCES ON THIRD READING 2 3 None were presented. 4 5 UNFINISHED BUSINESS 6 7 Councilmember McBride asked the City Attorney how Ordinance No. 6-1990 could be brought from the table 8 for action and Mr. Metzger said he would speak with the City Clerk and felt he was close to bringing it out for 9 consideration. 10 11 ADJOURNMENT 12 13 There being no further business, on a motion duly made, seconded and passed, the meeting was 14 adjourned. 15 16 17 18 19 20 Sarah Hutton, President 21 22 23 24 25 ATTEST: 26 Mary Merchanthouse, City Clerk 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66