HomeMy Public PortalAbout06-03-1991 59.E
PROCEEDINGS OF THE COMMON COUNCIL OF THE
CITY OF RICHMOND. INDIANA,JUNE 3, 1991
1 The Common Council of the City of Richmond, Indiana met in regular session on June 3, 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 APPROVAL OF MINUTES OF MAY 20, 1991
12
13 Councilmember Morris moved to approve the minutes of the previous meeting as prepared, seconded by
14 Councilmember McBride and on unanimous voice vote the motion was carried.
15
16 COMMUNICATIONS FROM THE MAYOR
17
18 Mayor Frank Waltermann told the Council that the Ramsey Lewis Trio presentation was an excellent
19 program and he thanked Earlham College, Indiana University East and Richmond Power & Light for their
20 exceptional cooperation in providing this event for the community. He added that the location at the old
21 Johnson Street generating plant is excellent and other activities should be planned for there.
22
23 Mayor Waltermann announced that the Greater Richmond Progress Committee had met at the Design
24 Center today to look into the Gorge Project.
25
26 Mayor Waltermann thanked Local 1408 and Fire Chief Sticco for hosting the Labor Management Council at
27 Fire Station No. 1 and said the food was excellent and the meeting well attended. He said the discussion at
28 the meeting lead him to believe that the recession was looking more like depression in the City of
29 Richmond, but the discussion was excellent.
30
31 PRESENTATION OF REMONSTRANCES,PETITIONS AND MEMORIALS
32
33 None were presented.
34
35 REPORTS FROM CITY DEPARTMENTS
36
37 None were presented.
38
39 REPORTS FROM OTHER OFFICES
40
41 None were presented.
42
43 REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY
44
45 President Hauptstueck reported to the Council that the letter copied to them from the State Department of
46 Highways regarding National Road West did not answer the questions the City were concerned with and she
47 would refer the questions back to the State to see if the City can get the appropriate answers.
48
49 Ms. Hauptstueck addressed the issue of grass needing mowed and that it is the responsibility of the Park to
50 mow the parkway and boulevard areas, but if there were places where the height of the grass might cause a
51 traffic hazard the Board could address it in that fashion.
52
53 Councilmember McBride commented that some areas are hazardous and others are just a disgrace.
54
55 Ms. Hauptstueck said she is getting a lot of calls and is also frustrated that the mowing is not being done.
56
57 Councilmember Elstro asked about the South L Street railroad crossing and that Mr. Wiwi wanted to know if
58 Council wanted the City to put together a proposal to make the repairs.
59
60 Councilmember Parker asked how we would determine if the crossing was safe or unsafe and Mayor
61 Waltermann said it would be by a federal inspector using Federal Engineering Guidelines to determine if it
62 were OK for trains to use.
63
64 Mr. Metzger announced that part of the problem was the railroad was contemplating abandoning the stretch
65 through Richmond.
66
Common Council
June 3, 1991
Page 2
1 Councilmember Elstro commented on street cuts and that he felt there should be a heavy permit charge and
2 they should also pay for any repairs.
3
4 Mayor Waltermann said that Mr. Smith is discussing the permit cost and follow up and he feels the City
5 should do the asphalt work to make certain the cuts were brought up to grade.
6
7 Councilmember Elstro requested that someone really start investigating and let the Council know.
8
9 Councilmember Morris said she was confused over the letter received from the State Highway Department
10 and Ms. Hauptstueck said their response was only up to College Avenue and felt it was in response to
11 another inquiry made several months ago when the G Street Bridge was closed and she would get with the
12 Traffic Division to work this out.
13
14 Councilmember McBride asked for some report on the NW L Street railroad tracks and Ms. Hauptstueck said
15 she would get a response from Mr. Smith.
16
17 Councilmember Parker commented that the railroads continue to get worse and perhaps if we could get them
18 inspected it would be an incentive to get them repaired.
19
20 REPORTS FROM SPECIAL COMMITTEES
21
22 Committee of the Whole
23
24 Councilmember Lundy reported that the meeting set for June 5, 1991 for the ordinance dealing with
25 insurance had been cancelled and another date would be set.
26
27 REPORTS FROM STANDING COMMITTEES
28
29 None were presented.
30
31 REPORTS FROM SPECIAL COUNCIL COMMITTEES
32
33 None were presented.
34
35 MISCELLANEOUS BUSINESS
36
37 Council Comments or Complaints
38
39 Councilmember Brookbank reference an inquiry to Mayor Waltermann about dumpsters and Mayor
40 Waltermann said he had asked Mr.Willis to respond directly to Councilmember Brookbank.
41
42 Councilmember Brookbank directed her question regarding dumpsters on South 14th 15th and G Streets to
43 Mr.Jerald Judge and Mr.Judge said he would check on them.
44
45 Councilmember McBride asked Mr. Judge about a problem at the landfill with the area where it was
46 permissible to dump grass being so muddy and Mr.Judge said they are working on solving that problem.
47
48 Councilmember Brookbank asked that the Telecommunications Council be notified that she is receiving calls
49 regarding some billing problems and TCI being indignant with customers that calling with inquiries. She
50 added that she also did not want a 20 year franchise agreement.
51
52 Councilmember Brookbank reported on the final partnership meeting for COMPASS set for June 4, 1991 at 7
53 PM.
54
55 Councilmember Morris asked President Hutton to bring up at the Park Board that the hours at the pool and
56 notification of changes in hours are not consistent with the Park's own rules.
57
58 RESOLUTIONS
59
60 Councilmember Elstro moved to suspend the rules and read Resolution No.10-1991 by title only, seconded
61 by Councilmember Brookbank and on unanimous voice vote the motion was carried.
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Common Council Minutes Cont'd
June 3, 1991
Page 3
1 RESOLUTION NO.10-1991
2
3 The Clerk read by title only Resolution No. 10-1991 -A RESOLUTION APPROVING THE STATEMENT OF
4 BENEFITS OF CERTAIN FIRMS INSTALLING NEW MANUFACTURING EQUIPMENT AND/OR
5 CONSTRUCTION IMPROVEMENTS ON REAL ESTATE IN ECONOMIC REVITALIZATION AREAS IN THE
6 CITY OF RICHMOND, INDIANA.
7
8 Councilmember Parker stated that the committee had met and reviewed the applications and all were
9 recommended for approval.
10
11 Councilmember Elstro moved for adoption of Resolution No. 10-1991, seconded by Councilmember Parker
12 and on unanimous voice vote the motion was carried.
13
14 ORDINANCES
15
16 ORDINANCES ON FIRST READING
17
18 Councilmember Morris moved to suspend the rules and read on first reading by title only Ordinances No.
19 27, 28 and 29-1991, seconded by Councilmember Brookbank and on unanimous voice vote the motion was
20 carried.
21
22 ORDINANCE NO.27-1991
23
24 The Clerk read on first reading by title only Ordinance No. 27-1991 - AN ORDINANCE AMENDING
25 CHAPTER 154 OF THE MUNICIPAL CODE, BEING ORDINANCE NO. 2325-1968, COMMONLY KNOWN
26 AS THE ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA PROVIDING FOR THE
27 REZONING OF PROPERTY LOCATED AT 1520 NORTH A STREET, FROM R-3 ONE TO EIGHT FAMILY
28 RESIDENCE DISTRICT TO R-3SU ONE TO EIGHT FAMILY RESIDENCE SPECIAL USE DISTRICT AND
29 AUTHORIZING THE SPECIAL USE OF SAID PROPERTY FOR THE ESTABLISHMENT OF AN
30 ADMINISTRATIVE AND BUSINESS OFFICE OR PROFESSIONAL OFFICE.
31
32 President Hutton assigned the Ordinance to the Plan Commission for public hearing and recommendation.
33
34 ORDINANCE NO.28-1991
35
36 The Clerk read on first reading by title only Ordinance No. 28-1991 - AN ORDINANCE FIXING THE
37 ANNUAL SALARIES OF ALL ELECTED OFFICERS OF THE CITY OF RICHMOND, INDIANA.
38
39 President Hutton announced the ordinance would be advertised for a public hearing on July 15, 1991.
40
41 ORDINANCE NO. 29-1991
42
43 The Clerk read on first reading by title only Ordinance No. 29-1991 - AN ORDINANCE GRANTING
44 PRELIMINARY APPROVAL TO A COMMERCIAL DEVELOPMENT UNIT PROJECT IN A R-2 SINGLE
45 FAMILY RESIDENCE DISTRICT AND A C-2 COMMERCIAL DISTRICT ON PROPERTY LOCATED IN THE
46 2400 AND 2500 BLOCKS OF CHESTER BOULEVARD, ON THE EAST SIDE, PURSUANT TO ARTICLES
47 45 AND 48 OF CHAPTER 154 OF THE CODE OF ORDINANCES, COMMONLY KNOWN AS THE ZONING
48 ORDINANCE OF THE CITY OF RICHMOND, INDIANA.
49
50 President Hutton assigned the Ordinance to the Plan Commission for public hearing and recommendation.
51
52 ORDINANCES ON SECOND READING
53
54 ORDINANCE NO. 21-1991
55
56 The Clerk read on second reading Ordinance No. 21-1991 - AN ORDINANCE AMENDING CHAPTER 154
57 OF THE MUNICIPAL CODE, BEING ORDINANCE NO. 2325-1968, COMMONLY KNOWN AS THE
58 ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA PROVIDING FOR THE REZONING OF
59 PROPERTY LOCATED ON THE SOUTH SIDE OF EAST MAIN STREET IN THE 3400 AND 3500 BLOCK,
60 FROM R-2 SINGLE FAMILY RESIDENCE DISTRICT AND C-2 COMMERCIAL DISTRICT TO C-2SU
61 COMMERCIAL SPECIAL USE DISTRICT; AND ALSO AUTHORIZING THE SPECIAL USE OF SAID
62 PROPERTY AS A COMMERCIAL DEVELOPMENT UNIT PROJECT.
63
64 President Hutton announced the Ordinance was on public hearing and the Plan Commission had
65 recommended amendments to the Ordinance.
Common Council Minutes Cont'd
June 3, 1991
Page 4
1 Speaking in favor was Mr. Robert Burton, Attorney at Law. Mr. Burton told Council this was the final
2 approval on the Planned Unit Development and that Plan Commission has recommended approval and set
3 certain conditions. He said the Plan Commission recommended the development be integrated with the
4 Wal-Mart Project adjacent to the east to facilitate parking and traffic flow. Mr. Burton informed Council the
5 developer was agreeable to the conditions established by the Plan Commission.
6
7 Mr. Burton told Council the stores will be located further south with a cross easement to the Wal-Mart project.
8
9 Councilmember Lundy asked if there were tenants for the development and Mr. Burton said none were firm
10 yet.
11
12 Councilmember Paust asked about the two detention ponds,one adjacent to East Main and the other behind
13 the current Z-Bart structure.
14
15 Mr. Burton explained the one close to Main Street was added since the Plan Commission meeting and the
16 other would be behind the Wal-Mart project.
17
18 Councilmember Paust said he was concerned with the one adjacent to Main Street since it seems that the
19 grass area along Main Street are not well maintained. He also brought up the subject of matching the
20 intersection of Elks Road and Main Street.
21
22 Mr. Burton told Councilmember Paust that the City is making efforts to acquire the the property to match up
23 the intersection and that Wal-Mart and Kroger have an easement access agreement for utilization of the
24 traffic signal at Krogers for Wal-Mart customers.
25
26 Mr. Jay Stein, representing Sandor Corporation, addressed the Council regarding the detention pond
27 adjacent to Main. Mr. Stein told Council that Mr. Wiwi expressed concerns where additional water would go
28 if the basin to the rear of Wal-Mart would not handle it all and that is what this plan will address. He said the
29 area will be maintained as a part of the shopping center and they do this very well. He gave the Council an
30 example of other properties they have developed for their inspection.
31
32 Councilmember Hankinson commented that this detention area would be the first thing customers would see
33 on Main Street and is a part of a main access to the City.
34
35 Mr. Stein assured the Council that the shopping center would upgrade the area and it would be well
36 maintained.
37
38 Councilmember Hankinson asked if it would be a breeding area for mosquitoes and Councilmember McBride
39 stated it would be only a temporary holding pond for excess water.
40
41 Mr. Burton told Council that to the extent feasible it is planned to dump water in the pond to the south, but
42 there could still be some flow to the north. He said this would not be like a permanent lake.
43
44 Councilmember McBride stated that the Plan Commission had spent a lot of time on this project and delved
45 into it very carefully. He said that Mr.Wiwi and Mr. Barnhizer work with these types of projects and give their
46 input into the conditions and recommendations established by the Plan Commission.
47
48 Councilmember Morris agreed with Councilmember McBride regarding the work done by the Plan
49 Commission. She said that is the reason for the site drainage plan to be included and this area does have
50 serious drainage problems. Councilmember Morris said she did take exception with the site drainage plan
51 not being included with the project originally and in the future she would appreciate its inclusion.
52
53 Councilmember Brookbank moved to amend Ordinance No. 21-1991 to include the conditions and
54 recommendations established by the Plan Commission, seconded by Councilmember Parker and on
55 unanimous voice vote the motion was carried.
56
57 There being no further public discussion, Councilmember Morris moved for engrossment, seconded by
58 Councilmember Parker and on unanimous voice the motion was carried.
59
60 Councilmember Elstro moved to suspend the rules and move Amended Ordinance No.21-1991 to third and
61 final reading and read by title only, seconded by Councilmember Brookbank and on unanimous voice vote
62 the motion was carried.
63
64 The Clerk read Amended Ordinance No.21-1991 on third and final reading by title only.
65
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Common Council Minutes Cont'd
June 3, 1991
Page 5
1 Amended Ordinance No.21-1991 was adopted on the following call of the roll:
2
3 Ayes: Elstro, Lundy, Brookbank, Hankinson, McBride, Parker, Morris, Paust and Hutton (9)
4 Nays: None
5
6 ORDINANCE NO.24-1991
7
8 The Clerk read on second reading by title only Ordinance No. 24-1991 - AN ORDINANCE GRANTING
9 PRELIMINARY APPROVAL TO A COMMERCIAL DEVELOPMENT UNIT PROJECT IN A R-2 SINGLE
10 FAMILY RESIDENCE DISTRICT ON PROPERTY LOCATED AT 912 AND 914 MENDLESON DRIVE,
11 PURSUANT TO ARTICLES 45 AND 48 OF CHAPTER 154 OF THE CODE OF ORDINANCES,
12 COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA.
13
14 President Hutton announced the Ordinance was on public hearing and Plan Commission recommended
15 adoption.
16
17 Speaking in favor was Mr. Larry Matson with Tharaldson Development Corporation. Mr. Matson told Council
18 this was the preliminary step for a Planned Unit Development for the placement of a Comfort Inn with 52
19 units on Mendleson Drive. He said they had requested two variances on the PUD, being reducing the land
20 requirements from 10 acres to allow this development on 1.3 acres and to reduce the parking from 160 to 57
21 spaces. Mr. Matson told Council that since 1983 most PUD's approved by the City have required some sort
22 of variance.
23
24 Mr. Matson shared maps with the Council pointing out that only the west and front portions of the property
25 are not commercial zoning. He said traffic studies show that 8 million vehicles use 1-70 per year and when
26 this property was zoned residential 1-70 did not exist. He told the Council that commercial is now the highest
27 and best use of the property.
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Mr. Dooley informed Council that the Plan Commission preferred projects on Chester Boulevard be
submitted at Planned Unit Developments since they wanted to recommend to Council projects that make
31 sense. Mr. Dooley said the two no votes by Plan Commission members felt that the variances requested
32 were too much and not in the spirit of a PUD.
33
34 Mr.Allen Kennedy, 807 NW C Street, District Manager of Richards Restaurant, spoke in favor of the project
35 and told Council they have agreed to an access between the two parking lots so customers would not have
36 to enter Mendleson Drive. He said at one time the restaurant had more traffic than will be at both the
37 restaurant and motel together now. Mr. Kennedy said the Police Department does not view the situation as
38 dangerous.
39
40 Mr. Kennedy said the project will bring added employment and will look attractive and be an asset to the
41 community.
42
43 President Hutton noted that correspondence in favor of the project had been submitted by the Tourism
44 Bureau, Small Business Development Center, Earlham College,and Richards Restaurant with a petition with
45 seventeen area residents in favor.
46
47 Speaking in opposition was Mr. Ben Kovach, 900 Mendleson Drive. Mr. Kovach said he did take exception
48 with determination that the traffic in the area was not hazardous. He the traffic in the area is hazardous and
49 it will get worse before it gets better.
50
51 Mr. Kovach also questioned why Howard Johnson's wasn't full when it was located on this 1-70 corridor. Mr.
52 Kovach asked if Council was willing to grant this much of a variance what type of precedent was it setting for
53 the future. He also asked about an existing utility easement between the two parking and the cost to
54 relocate it.
55
56 Mr. Kovach requested that two letters from Howard Johnsons be entered into the record as being in
57 opposition to the project. The correspondence noted that the occupancy at Howard Johnson's was very low
58 and there were also concerns that out of towners would not be aware of Green Acres and who their clientele
59 was. It further stressed that the jobs to be created would be low paying and would cause another motel to
60 go out of business thereby just shifting jobs and not adding additional employment. A letter was also read
61 from Ms. Patricia Allen in opposition to the project due to traffic.
62
63 All residents of the Mendleson Drive area in opposition were invited to stand.
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Common Council Minutes Cont'd
June 3, 1991
Page 6
1 Councilmember Morris asked Mr. Kovach what he considered a proper commercial development for the area
2 and Mr. Kovach suggested the access be away from Mendleson. He said US 27 needs widened and the
3 projects should be bigger.
4
5 Councilmember Morris asked if that would mean all homes on Mendleson be involved in a project and Mr.
6 Kovach said that was correct.
7
8 Councilmember McBride asked if the biggest concern was traffic and asked if the sidewalk proposed by the
9 motel would help with pedestrian safety.
10
11 Mr. Kovach said that the motel would attract vehicular traffic from out of town and they would be more
12 impatient with the traffic conditions present to enter US 27 whereas the residents of the area know the
13 problems.
14
15 Mr. Ron Moore, 826 Catalpa,told Council he was in opposition to the development because of the traffic. He
16 said traffic to Kocolene now blocks Catalpa. He also expressed concerns with a drainage problem in the
17 area.
18
19 Mr. Dooley told the Council he was not certain what happened to the proposal for storm sewers in the area.
20 He said this project plans on site detention.
21
22 Councilmember McBride responded to the concerns of Howard Johnsons and commented that they have not
23 upgraded their facilities and possibly competition might cause them to upgrade.
24
25 Mr. Marvin Elstro,38 North 11th, an employee at Green Acres,told Council that the clientele at Green Acres
26 was underdeveloped and might not be responsible for their own safety with added traffic.
27
28 Mr. Matson said that most of the traffic at the motel would be evening when Green Acres would not be
29 operable and he was informed that Green Acres has live in residents.
30
31 There being no further public comment, Councilmember Elstro moved for engrossment, seconded by
32 Councilmember Brookbank and on unanimous voice vote the motion was carried.
33
34 Councilmember Elstro moved to suspend the rules and move Ordinance No. 24-1991 to third and final
35 reading and read by title only, seconded by Councilmember Brookbank and on unanimous voice vote the
36 motion was carried.
37
38 The Clerk read Ordinance No.24-1991 on third and final reading by title only.
39
40 Prior to vote Councilmember McBride commented that the Howard Johnson intersection was one of the most
41 dangerous intersections to exit from.
42
43 Ordinance No.24-1991 was adopted on the following call of the roll:
44
45 Ayes: Elstro, Brookbank, McBride, Parker and Paust (5)
46 Nays: Lundy, Hankinson, Morris and Hutton (4)
47
48 UNFINISHED BUSINESS
49
50 Councilmember Brookbank asked about the oil and sand on South L Street and that it was making a terrible
51 mess.
52
53 Mayor Waltermann explained this was a product to extend the life of the new asphalt up to 20 years.
54
55 Councilmember Elstro asked about the Fact Finding Ordinance and where it was.
56
57 Mayor Waltermann said he had not received it for signature since President Hutton had not yet signed the
58 amended version of the ordinance. He said he has ten days after receiving the ordinance to determine
59 whether to sign it or not.
60
61 Councilmember Elstro expressed concerns that with the postponement of the next regular Council meeting it
62 would not be presented to Council in a timely fashion and Mr. Metzger assured Council it could be presented
63 to them at their 24th meeting if indeed the Mayor did veto the ordinance.
64
65 President Hutton reminded the members of Council that the regular meeting for June 17, 1991 would be
66 cancelled and rescheduled to June 24, 1991.
•
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Common Council Minutes Cont'd
June 3, 1991
Page 7
1 ORDINANCES ON THIRD READING
2
3 None were presented.
4
5 ADJOURNMENT
6
7 There being no further business, on a motion duly made, seconded and passed, the meeting was
8 adjourned.
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14 Sarah Hutton, President
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19 ATTEST:
20 Mary Merchanthouse, City Clerk
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