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
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11 CLARIFICATION AND APPROVAL OF MINUTES OF JULY 15. 1991
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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
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42 None were presented.
43
44 REPORTS FROM CITY DEPARTMENTS
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46 None were presented.
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48 REPORTS FROM OTHER OFFICES
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50 None were presented.
51
52 REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY
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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.
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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.
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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.
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14 REPORTS FROM STANDING COMMITTEES
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16 Reid Hospital
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18 Councilmember Brookbank announced she was serving on the No Smoking Committee for Reid Hospital and
19 shared some of the options.
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21 REPORTS FROM SPECIAL COUNCIL COMMITTEES
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23 None were presented.
24
25 MISCELLANEOUS BUSINESS
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27 Council Comments or Complaints
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29 None were presented.
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31 RESOLUTIONS
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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.
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49 ORDINANCES
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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)
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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.
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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.
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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.
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20 Sarah Hutton, President
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25 ATTEST:
26 Mary Merchanthouse, City Clerk
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