HomeMy Public PortalAbout07-01-1991 1
PROCEEDINGS OF THE COMMON COUNCIL OF THE
CITY OF RICHMOND, INDIANA. JULY 1, 1991
1 The Common Council of the City of Richmond, Indiana met in regular session on July 1, 1991 at the hour of
2 7:30 P.M. in the Council Chambers in said City. President Hutton presided with the following
3 Councilmembers present: Elstro, Brookbank, Hankinson, McBride, Parker, Morris and Paust. Absent:
4 Lundy. Representatives of the following media were in attendance: WCTV CABLE 16, WKBV/WFMG,
5 WHON/WQLK and Palladium Item. The following business was had to-wit:
6
7 PLEDGE OF ALLEGIANCE
8
9 SILENT DEVOTIONS
10
11 EXCUSED ABSENCE OF COUNCILMEMBER
12
13 President Hutton explained that Councilmember Lundy was not in attendance due to being out of town.
14
15 APPROVAL OF MINUTES OF JUNE 24. 1991
16
17 Councilmember McBride moved to approve the minutes of the previous meeting as prepared, seconded by
18 Councilmember Morris and on unanimous voice vote the motion was carried.
19
20 COMMUNICATIONS FROM THE MAYOR
21
22 Mayor Frank Waltermann was unable to be in attendance because of an out of town commitment.
23
24 PRESENTATION OF REMONSTRANCES. PETITIONS AND MEMORIALS
25
26 None were presented.
27
28 REPORTS FROM CITY DEPARTMENTS
29
30 None were presented.
31
32 REPORTS FROM OTHER OFFICES
33
34 None were presented.
35
36 REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY
37
38 Councilmember Elstro asked for the Council to have a report on the status of the two building on North 10th
39 Street.
40 '
41 REPORTS FROM SPECIAL COMMITTEES
42
43 None were presented.
44
45 REPORTS FROM STANDING COMMITTEES
46
47 None were presented.
48
49 REPORTS FROM SPECIAL COUNCIL COMMITTEES
50
51 None were presented.
52
53 MISCELLANEOUS BUSINESS
54
55 Council Comments or Complaints
56
57 Councilmember Parker asked about the street cuts made by the Sanitary District on SW 8th and 9th Streets.
58 He said he hoped they could be filled up as soon as possible and the one on Main Street filled immediately.
59
60 Mr. Robert Wiwi informed the Council that this is the contractor's responsibility and he would meet with them
61 tomorrow to see if they can speed up the process. He said the fill there is only temporary and the final has
62 to be done.
63
64 President Hutton inquired if the Street Tree Commission had looked at a tree at 1106 East Drive and
65 Councilmember McBride said he had looked, but was unable to find the tree in question. He said he would
66 go back and check again.
Common Council
July 1, 1991
Page 2
1 Councilmember Morris asked that Mr. Metzger be reminded that the Council had requested information on
2 options for funding the animal sheltering and control functions. She also asked about noise regulations since
3 she was getting complaints.
4
5 AGENDA ADDITIONS
6
7 Councilmember Morris moved to suspend the rules and place Ordinances No. 27 and 19-1991 on second
8 reading from the Plan Commission, seconded by Councilmember Brookbank and on unanimous voice vote
9 the motion was carried.
10
11 RESOLUTIONS
12
13 None were presented.
14
15 ORDINANCES
16
17 ORDINANCES ON FIRST READING
18
19 Councilmember Brookbank moved to suspend the rules and read on first reading by title only Ordinances
20 No. 33, 34, 35 and 36-1991, seconded by Councilmember Elstro and on unanimous voice vote the motion
21 was carried.
22
23 ORDINANCE NO.33-1991
24
25 The Clerk read on first reading by title only Ordinance No. 33-1991 - AN ORDINANCE AMENDING
26 CHAPTER 154 OF THE MUNICIPAL CODE, BEING ORDINANCE NO. 2325-1968, COMMONLY KNOWN
27 AS THE ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA PROVIDING FOR THE
28 REZONING OF PROPERTY LOCATED AT 912 AND 914 MENDLESON DRIVE, FROM R-2 SINGLE
29 FAMILY RESIDENCE DISTRICT TO C-2SU COMMERCIAL SPECIAL USE DISTRICT; AND ALSO
30 AUTHORIZING THE SPECIAL USE OF SAID PROPERTY AS A COMMERCIAL DEVELOPMENT UNIT
31 PROJECT.
32
33 President Hutton assigned the ordinance to the Plan Commission for public hearing and recommendation.
34
35 ORDINANCE NO.34-1991
36
37 The Clerk read on first reading by title only Ordinance No. 34-1991 - AN ORDINANCE VACATING A
38 CERTAIN UTILITY EASEMENT LOCATED AT 912 AND 914 MENDLESON DRIVE ALONG THE NORTH
39 LINE OF LOTS 4 AND 5 IN THE HIGHLAND VIEW ADDITION.
40
41 President Hutton assigned the ordinance to the Plan Commission for public hearing and recommendation
42 and also for an advertised public hearing with Council.
43
44 ORDINANCE NO.35-1991
45
46 The Clerk read on first reading by title only Ordinance No. 35-1991 - AN ORDINANCE AMENDING
47 AMENDED ORDINANCE NO. 37-1990 (1991 SALARY ORDINANCE FOR THE CITY OF RICHMOND,
48 INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1991 AND ENDING DECEMBER 31, 1991).
49
50 Councilmember Morris moved to suspend the rules and move ordinance No. 35-1991 to second reading,
51 seconded by Councilmember Brookbank and on unanimous voice vote the motion was carried.
52
53 The Clerk read the ordinance on second reading.
54
55 President Hutton announced the ordinance was on public hearing.
56
57 Speaking for the ordinance was Mr. Richard Powell, 820 National Road West, Chairman of the Board of
58 Directors of the Birth to Five Process. Mr. Powell informed Council the Ordinance was for the salary of the
59 Director of Birth to Five and the Board was recommending the salary be taken to its full pay of $30,000.00
60 after a six month review performed by both city and school supervisors and th Board of Directors. Mr. Powell
61 explained that all funding was from a grant from the Indiana Department of Education and not a financial
62 burden to the City. Mr. Powell told Council that he and the Board of Directors respectfully requested Council
63 to adopt the ordinance.
64
65 There being no other comments, Councilmember Morris moved for engrossment, seconded by
66 Councilmember Parker and on unanimous voice vote the motion was carried.
3
Common Council Minutes Con't
July 1, 1991
Page 3
1 Councilmember Brookbank moved to suspend the rules and and move Ordinance No. 35-1991 to third and
2 final reading and read by title only, seconded by Councilmember Morris and on unanimous voice vote the
3 motion was carried.
4
5 The Clerk read Ordinance No.35-1991 on third and final reading by title only.
6
7 Ordinance No.35-1991 was adopted on the following call of the roll:
8
9 Ayes: Brookbank, McBride, Parker, Morris, Paust and Hutton (6)
10 Nays: Elstro and Hankinson (2)
11
12 ORDINANCE NO.36-1991
13
14 The Clerk read on first reading by title only Ordinance No. 36-1991- AN ORDINANCE SETTING TOTAL
15 REGULAR WAGES AND POSITIONS FOR APPOINTED OFFICERS AND EMPLOYEE OF THE CITY OF
16 RICHMOND, INDIANA EXCEPT FOR MEMBERS OF THE POLICE AND FIRE COLLECTIVE BARGAINING
17 UNITS, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1992 AND ENDING DECEMBER 31, 1992,
18 APPROVING THE ADDITIONAL COMPENSATION TO CERTAIN APPOINTED OFFICIALS OF THE CITY,
19 OTHER THAN GOVERNMENTAL WHO PERFORM SERVICES FOR THE CITY, WHICH SERVICES ARE
20 CONNECTED WITH THE OPERATION OF THE MUNICIPALLY OWNED UTILITY OR FUNCTIONS.
21
22 Councilmember McBride asked if this was not passed tonight would it create a problem with budget
23 preparation.
24
25 Ms. Sweet indicated that she did not have other information from the State that was needed to prepare the
26 budget and it could be held for a while.
27
28 Councilmember McBride moved to assign Ordinance No.36-1991 to the Committee of the Whole, seconded
29 by Councilmember Brookbank and on unanimous voice vote the motion was carried.
30
31 Councilmember Elstro asked Ms.Sweet who prepared the ordinance and had she seen it.
32
33 Ms. Sweet indicated she had a copy of the ordinance and stated that the Mayor and Personnel Director had
34 prepared the ordinance.
35
36 Councilmember Elstro said he did not like the ordinance and was upset that the Council had approved a
37 500.00 increase for Sanitary District employees and were not informed that the City was not able to give
38 raises to the rest of the employees.
39
40 Ms. Sweet said her recommendation was not to give raises unless they could be absorbed by the operating
41 budgets of the various departments. She added that even with the 5%thaw from the frozen tax levy which
42 might be around 350,000.00,the City would still be over the levy.
43
44 Councilmember Elstro suggested other budgets might be cut to allow increases in pay.
45
46 Ms. Sweet suggested that the Council have a budget workshop. She said the budget does not have to be
47 adopted until September and certain salaries do not have to be set until then due to State law changes. Ms.
48 Sweet said that Police and Fire salaries still have to be established by August.
49
50 Councilmember Elstro said he felt Council needed to do something with the ordinance.
51
52 Councilmember McBride asked if there could be a budget hearing and still get salaries set prior to the
53 deadline and Ms. Sweet said she has asked budgets be submitted by July 1, 1991.
54
55 President Hutton asked if Ms. Sweet preferred the salary ordinance be adopted by July 15th and Ms. Sweet
56 indicated she did.
57
58 Councilmember Morris stated that the fact that salaries were not increased was not a surprise for the Council
59 and they were told this would be the case. She said she thought the Council had approved the increase for
60 the Sanitary District and felt that was fine because that was a utility and not a part of the general funds of the
61 City.
62
63 Councilmember Elstro commented that the proposed salaries for elected officials were 7 and 8% increases
64 and he felt that was indicative of the whole City.
65
Common Council Minutes Cont'd
July 1, 1991
Page 4
1 Councilmember McBride said he felt the elected officials should not receive a raise if others do not.
2
3 Ms. Sweet asked the Council what information she needed to provide for the Committee of the Whole and
4 said she would work up cost on increases in different amounts that would be funded through tax dollars.
5
6 ORDINANCES ON SECOND READING
7
8 ORDINANCE NO. 27-1991
9
10 The Clerk read on second reading Ordinance No. 27-1991 - AN ORDINANCE AMENDING CHAPTER 154
11 OF THE MUNICIPAL CODE, BEING ORDINANCE NO.2325-1968, COMMONLY KNOWN AS THE ZONING
12 ORDINANCE OF THE CITY OF RICHMOND, INDIANA PROVIDING FOR THE REZONING OF PROPERTY
13 LOCATED AT1520 NORTH A STREET, FROM R03 ONE TO EIGHT FAMILY RESIDENCE DISTRICT TO
14 R-3SU ONE TO EIGHT FAMILY RESIDENCE SPECIAL USE DISTRICT AND AUTHORIZING THE
15 SPECIAL USE OF SAID PROPERTY FOR THE ESTABLISHMENT OF AN ADMINISTRATIVE AND
16 BUSINESS OFFICE OR PROFESSIONAL OFFICE.
17
18 President Hutton announced the Ordinance would be held until the next meeting of Council at the request of
19 the petitioner.
20
21 ORDINANCE NO.29-1991
22
23 The Clerk read on second reading Ordinance No. 29-1991 - AN ORDINANCE GRANTING PRELIMINARY
24 APPROVAL TO A COMMERCIAL DEVELOPMENT UNIT PROJECT IN A R-2 SINGLE FAMILY
25 RESIDENCE DISTRICT AND A C-2 COMMERCIAL DISTRICT ON PROPERTY LOCATED IN THE 2400
26 AND 2500 BLOCKS OF CHESTER BOULEVARD, ON THE EAST SIDE, PURSUANT TO ARTICLES 45
27 AND 48 OF CHAPTER 154 OF THE CODE OF ORDINANCES, COMMONLY KNOWN AS THE ZONING
28 ORDINANCE OF THE CITY OF RICHMOND, INDIANA.
29
30 President Hutton announced the Ordinance was on public hearing and the Plan Commission had
31 recommended amendments to the Ordinance.
32
33 Speaking in favor was Mr. Johnny Shook, real estate representative for Meijer, Inc. of Grand Rapids,
34 Michigan. Mr. Shook also introduced other persons representing Meijers in attendance.
35
36 Mr. Shook told Council this was a request for a preliminary approval for a Planned Unit Development (PUD).
37 He gave the Council a background on the Meijers operations starting in 1934 and that they currently have
38 over 60 stores in Michigan and Ohio. He said the stores are all privately owned and operated and they do
39 not lease their stores.
40
41 Mr. Shook explained that Meijers was a one stop shopping convenience store with groceries, pharmacy,
42 restaurant, general merchandise, gasoline and a convenience store. He said they would employ 600
43 employees with wages averaging from $7.00 to$12.00 per hour. He said that 20%of their jobs would be full
44 time positions and 95%of the employees would come from the local community.
45 -
46 Mr. Shook stated that the construction of the facility meant 300 jobs for local contractors and they would
47 continue to use local contractors for repairs or update of the facilities.
48
49 Mr. Shook explained that the location was on US 27 North, south of the IR 70 exchange. He went over the
50 site plan with the Council. Mr. Shook informed Council that they had met with the Indiana Department of
51 Transportation regarding curb cuts and the placement of a signal to line up with Locust. He said the State
52 wants them to do a five lane area in order to provide a turn lane and Meijers would bear the cost of the traffic
53 controls.
54
55 Mr. Shook addressed the concerns of Indiana University East and that they would change their convenience
56 store sign and location in order that it not hide the IU sign. He said they would also use the 100'depth and
57 dedicate 30% of the site as green area to buffer the IU building. He added they would also try to save as
58 many existing trees as possible.
59
60 Mr. Shook said they believed they had met all the conditions set forth by the Plan Commission and they
61 would like to be a part of the community.
62
63 Councilmember Morris asked that he explain the entrance again for clarity and Mr. Shook said they would
64 widen the street by taking out the median strip and bear the cost of the signal.
65
Common Council Minutes Cont'd
July 1, 1991
Page 5
1 Also speaking was Dr. Charlie Nelms, 2325 Chester BOulevard, Chancellor of Indiana University East. Dr.
2 Nelms told Council he was in attendance to share the objections on behalf of the campus. He said as a tax
3 assisted institution they are not opposed to development, but would like to see orderly development. He
4 said that 27 is a corridor through the City and greenspace and drainage continuity is very important. He said
5 as 27 developes orderly development can make a difference without discouraging commercial development.
6
7 Dr. Nelms said the IU campus represents a significant investment for this community. He said they have an
8 8 million dollar annual budget and by 1994 will have invested over 20 million dollars in the site.
9
10 Dr. Nelms said they have had several discussions with Meijers regarding their concerns and he enumerated
11 the concerns as: 1. landscaping and buffer zone between Meijers and IU East property; 2. The IU East
12 sign not be overshadowed by the Meijer signs; 3. Deceleration lane and convenience store entrance not
13 create a traffic hazard for their entrance; 4. 150'distance from IU property line to convenience store and
14 5. landscaping along 27 to break the parking lot asphalt.
15
16 Councilmember Morris commented that this was only a preliminary approval and other concerns can also be
17 addressed in the final approval.
18
19 Dr. Nelms said he had not yet seen the amended ordinance for the preliminary approval and was not certain
20 if all his concerns had been addressed.
21
22 Mr.James Kinnett, Economic Development Director,told Council that they have worked with this project the
23 past 6 to 7 months and find their community cooperation very good. He said they have tried to address all
24 the issues and he endorsed the project.
25
26 Mr.Timothy Platt, representing Meijers,told Council that they had addressed Dr. Nelm's concerns. He said
27 the sign would be changed and they would move the convenience store to 150 ft. Mr. Platt said the
28 deceleration lane should be addressed with the signal, but the State has to allow this.
29
30 Mr. Platt said the with regard to the landscaping of 27, they will do just the border and will screen the store
31 with fairly heavy landscaping, with a natural buffer already existing between properties. He said they do
32 have a problem why people driving to another parking lot would have trouble seeing our parking lot and
33 reminded Council they would be dedicating 30%of their site to greenspace.
34
35 Mr. Platt said that with retail business being so competitive,they have a problem with additional landscaping
36 around the edges of the building due to cost.
37
38 Councilmember Morris asked if Mr. Platt had seen the proposed amendments to the ordinance, specifically
39 Section 2 (b) regarding the buffer zone and Councilmember McBride reminded Mr. Platt these amendments
40 had been agree to by them.
41
42 Mr. Platt said they felt there would be another change and they would address these issues after the
43 preliminary approval.
44
45 Mr. Dooley addressed the Council and stated this was a special area an they were being careful how it
46 develops and paying more attention to compatibility. He said they found Meijers to be highly qualified
47 developers and the Plan Commission was very impressed and hopeful the project came about.
48
49 Mr. Dooley said the Plan Commission considered Dr. Nelm's concerns and found them reasonable and the
50 proposed amendments establish the ground rules for the development.
51
52 Mr. Dooley said this is a preliminary approval and the final approval will establish how it will look when
53 developed. He said the Plan Commission also recommended landscaping along 27 and also to protect the
54 IU campus.
55
56 Dr. Nelms assured the Council he was not opposing the development and were very impressed with the
57 58
proposed development. He said they have a difference of opinion of how much landscaping is needed to
provide a buffer to protect a 20 million dollar public investment.
59
60 Dr. Nelms said they hoped to shield their entrance from deliver trucks and the gasoline station and he
61 wanted to be certain both sides are clear on what is being approved with the proposed amendments.
62
63 Mr. Dooley said the amendments propose landscaping along 27 and between Meijers and IU Campus.
64
65 Mr. Shook stated that of the five concerns of Dr. Nelms,they have addressed most of those. He said they
have provided a buffer and will do a tree inventory to see what can be saved to provide an eye shield.
Common Council Minutes Cont'd
July 1, 1991
Page 6
1 Councilmember Morris asked about the way (b) was worded and what "extensively" mean with reference to
2 the landscape for the buffer.
3
4 Mr. Shook said they feel they have met that by proposing the greenspace remain and save as many of the
5 existing trees as possible. He said they will provide trees along the loading dock to shield. Mr. Shook said
6 the site now has 80 some trees and he feels that is all they can afford at this development. Mr. Shook
7 commented that the Council put no such restriction on their competitor developing on National Road East
8 and felt this was being very unfair.
9
10 Councilmember McBride stated that the Plan Commission approved and the five conditions were laid out and
11 approved. He said he felt the extent of the buffer zone was still to be established.
12
13 Mr.Shook stated they he would like the Plan Commission to give them a definite on how many trees such as
14 add 15 more trees. He said they could move existing trees to help provide the buffer and felt this would be
15 for further discussion.
16
17 Councilmember Brookbank moved to amend the proposed amendments by removing the word "extensively"
18 from Section 2(b), seconded by Councilmember Morris and on a voice vote the motion was carried.
19
20 Councilmember Morris commented that now the door was open for negotiations on the placement for the
21 final PUD.
22
23 Dr. Nelms expressed his dissatisfaction that Meijers had not addressed his concerns and he felt it was a
24 serous mistake to not address this landscaping. He said there were two issues still not resolved. Dr. Nelms
25 asked who would determine the landscaping.
26
27 Mr. Shook suggested that this issue be left to Planning, Meijers and IU East to make the determination.
28
29 Mr. Dooley said that three of the conditions have been addressed satisfactorily and the Council had to
30 approve the final plans.
31
32 Councilmember Elstro moved to amend Ordinance No. 29-1991 as recommended by the Plan Commission
33 and amended by Council, seconded by Councilmember Brookbank and on unanimous voice vote the motion
34 was carried.
35
36 There being no further public discussion, Councilmember Elstro moved for engrossment, seconded by
37 Councilmember Brookbank and on unanimous voice the motion was carried.
38
39 Councilmember Elstro moved to suspend the rules and move Amended Ordinance No. 29-1991 to third and
40 final reading and read by title only, seconded by Councilmember Morris and on unanimous voice vote the
41 motion was carried.
42
43 The Clerk read Amended Ordinance No.29-1991 on third and final reading by title only.
44
45 Amended Ordinance No. 29-1991 was adopted on the following call of the roll:
46
47 Ayes: Elstro, Brookbank, Hankinson, McBride, Parker, Morris, Paust and Hutton (8)
48 Nays: None
49 Absent: Lundy
50
51 ORDINANCES ON THIRD READING
52
53 None were presented.
54
55 ADJOURNMENT
56
57 There being no further business, on a motion duly made, seconded and passed, the meeting was
58 adjourned.
59
60
61
62
63
64 Sarah Hutton, President
65
66
ATTEST:
Mary Merchanthouse, City Clerk