HomeMy Public PortalAbout05-01-1989 PROCEEDINGS OF THE COMMON COUNCIL OF THE
CITY OF RICHMOND. INDIANA. MAY 1. 1989
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1 I The Common Council of the City of Richmond, Indiana met in regular session May 1, 1989 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, Lundy, Brookbank, Hankinson, McBride, Parker, Morris and Paust.
4 Absent: None. Representatives of the following media were in attendance: WKBV/WFMG, WHON/WQLK
5 and Palladium Item. The following business was had to-wit:
6 i I
7 1 PLEDGE OF ALLEGIANCE
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9 SILENT DEVOTIONS
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11 APPROVAL OF MINUTES OF APRIL 17. 1989
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13 Councilmember Morris moved to approve the minutes of the previous meeting as prepared, seconded by
14 ; Councilmember Brookbank and on unanimous voice vote the motion was carried.
15
16 COMMUNICATIONS FROM THE MAYOR
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18 Mayor Frank H. Waltermann continued his report on the Urban Horizons Conference held in Indianapolis.
19 ' He spoke of a session on City Images and the point being made about what a community thinks of itself.
20 He said Richmond has always been a positive community. He said the group from Richmond that attended
21 i the conference had meet afterwards and they are trying to put ideas together and keep the enthusiasm alive.
22 !
23 Mayor Waltermann shared a success story from Fayette, Arkansas and their ability, as a smaller community
24 with a positive attitude,to construct a 10 million dollar civic center. He said communities cannot be afraid to
25 start and when working together and the whole community is involved projects can be accomplished.
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27 Mayor Waltermann said the culture of the community is all of us and all can leave a legacy for the
28 community either as an individual or a group. He said the proposed Performing Arts Center would also be a
29 cultural center showing the past, present and future of the community.
30 ,
31 Mayor Waltermann also told the Council of a realtor that approached him with an interest in the housing
32 problems in the community and wanting to volunteer to assist with the Task Force looking into homeless and
33 housing problems. He said this persons also sees the homeless in our City and acknowledges the problem.
34 He added that the Realtor's Board will also be volunteering their time to fix up a home in the community.
35
36 Mayor Waltermann told the Council that Mr. Andy Eustin, HUD Architect, had sent a wealth of information
37 regarding the proposed RUDAG conference and feels good about Richmond being a pilot project on
38 Sustainability Enterprises.
39
40 Introduction of Mr. Larry Furnas
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42 Mayor Waltermann introduced Mr. Larry Furnas and Mr.John Hanley, attorneys from Indianapolis,that have
43 been retained to consult with the Mayor's Office regarding allegations against certain departments of the
44 City. He said they have been retained to affirm that everything is right and Richmond is a quality community.
45
46 Mr. Furnas spoke with the Council to clarify the scope and purpose of his investigation. He said he would
47 be looking at internal matters and not criminal matters. He explained morale problems within agencies and
48 that impact on others view of the City. He also indicated that specifically with public safety personnel,they
49 are often times the first contact a citizen has with City government and if they do not depict a good attitude, it ti
50 will be picked up by others.
51
52 Mr. Furnas said he would be dealing with issues to resolve morale problems, revise the spirits of the City
53 y and put the case to rest. He said he would not probe into any criminal investigations within City
54 Departments and would refer any information regarding criminal investigations to the proper authorities.
55
56 Councilmember Morris asked Mr. Furnas what the time table was for the investigation and Mr. Furnas
57 indicated ninety (90) days would be an aggressive schedule and they intend to interview every officer with
58 the Richmond Police Department.
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60 + Councilmember Morris inquired as to the role of the Council and Mr. Furnas said the Councilmembers have
61 i a lot of connections and if there is any information they can share it would be appreciated. He added that
62 ,1 they should publicly express their opinions on agreement or disagreement with his findings and make certain
63 I the public is fully aware.
64
65 Brick Sidewalks on South 6th and 7th Streets
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Common Council Minutes Cont'd
May 1, 1989
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1 Councilmember Morris asked Mayor Waltermann to explain the rationale of proposing to remove the brick
2 sidewalks south of E Street on 6th and 7th and replace them with concrete.
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4 Mayor Waltermann explained the brick sidewalks in the community are the oldest and often in bad repair.
5 He said the bricks can be removed and used in other City projects such as they did with the Murray Theater.
6 He said it is easier to remove the brick and replace with concrete than to repair since the City has no
7 bricklayer on staff.
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9 Councilmember Lundy expressed her concerns over the removal of the Star Brick from Historic areas of the
10 City and Mayor Waltermann agreed it would be nice to be able to repair, but it is easier and more efficient to
11 remove and replace with concrete. He added that all bricks removed in the past have been stored and
12 reused.
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14 Councilmember Elstro asked if the neighbors in the area were given a choice since some expressed an
15 interest in participating in the repair of the bricks and Mayor Waltermann said it would be too massive of a
16 project to repair the bricks.
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18 Councilmember Elstro asked about the bricks put in at South 5th and B and if the City did that and Mayor
19 Waltermann said a private contractor put those in for the businesses in the area.
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21 PRESENTATION OF REMONSTRANCES.PETITIONS AND MEMORIALS
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23 Mr. Richard Sheets of 730 South 6th Street presented the Council petitions from the residents in the area in
24 opposition to the removal of the bricks from the sidewalks in the area. Mr. Sheets commented that some are
25 in bad shape, but if repaired, would last longer than any concrete. He also indicated that the project would
26 kill trees in the area and the cost would be great to both remove the bricks and replace with concrete.
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28 Mayor Waltermann said it would be less costly to put in the concrete strip sidewalks and do the curb repair
29 at the same time.
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31 President Hutton asked if the homeowners in the area might be willing to assist with the cost of the repair of
32 the brick sidewalks and Mayor Waltermann said he would investigate the matter.
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34 Councilmember Lundy asked i the bricks were intended for use in the Promenade area and the Mayor said
35 he was not certain where they would all go, but in the past some have been used in the Rose Garden and
36 around the Murray Theater area.
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38 Councilmember McBride commented that there were also Star Brick stored at Barkers Fireplace Shop.
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40 REPORTS FROM CITY DEPARTMENTS
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42 None were presented.
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44 REPORTS FROM OTHER OFFICES
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46 None were presented.
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48 REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY
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50 Mr. Barden reported that the B.:,ard had set dates to receive bids for oils and lubricants for City Departments,
51 accepted bids for Park Department mowing equipment and awarded a contract for weed mowing. He said
52 inquiries of the Council on a South Q Street trailer park had been properly referred and the Planning
53 Department was notifying new owners regarding the removal. He said the Plan Department will also follow
54 up on the body shop on Straightline Pike and work with the County on the matter and the issue of the junk
55 vehicle storage on Indiana was resolved with all vehicles to be removed by May 20, 1989 and relocated to a
56 properly zoned area.
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58 Councilmember Elstro asked i' they would be relocating the junk vehicles to an area within the City and Mr.
59 Barden said he was not certai! , but the Plan Department said the area was properly zoned.
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61 REPORTS FROM SPECIAL COMMITTEES
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63 Councilmember Brookbank reminded the Council of the joint meeting with the County Council and County
64 Commissioners on May 3, 1989 at 7:00 PM and the meeting with the Planning Department on May 10, 1989
65 at 7:00 PM.
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Common Council Minutes Cont'd
May 1, 1989
Page 3
1 !REPORTS FROM STANDING COMMITTEES
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3 None were presented.
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5 REPORTS FROM SPECIAL COUNCIL COMMITTEES
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7 Reid Hospital Board
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9 Councilmember Brookbank stated that a positive cash flow was reported and the audit report was good.
10 She said pastorial care was also discussed.
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12 MISCELLANEOUS BUSINESS
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14 None was presented.
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16 RESOLUTIONS
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18 Councilmember Morris moved to suspend the rules and read Resolutions No. 8 and 9-1989 by title only,
19 seconded by Councilmember Elstro and on unanimous voice vote the motion was carried.
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21 RESOLUTION NO. 8-1989
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23 The Clerk read by title only Resolution No. 8-1989 - A RESOLUTION AUTHORIZING THE CITY OF
24 RICHMOND TO SUBMIT A GRANT MODIFICATION REQUEST FOR CIP GRANT #C-87-025, AND
25 !AUTHORIZING THE MAYOR TO SIGN AND SUBMIT SUCH MODIFICATION TO THE INDIANA
26 !DEPARTMENT OF COMMERCE, EXECUTE THE GRANT AGREEMENT AND TO EXPEND THE FUNDS,
27 ;IN ACCORDANCE WITH THE PROVISIONS OF THE GRANT AGREEMENT.
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29 Councilmember Elstro asked what the transfer of funds was for and Mayor Waltermann explained it was a
30 transfer of funds within the Main Street project from administrative to parking facilities and paving in the
31 downtown area. He said the excellent work of our in house grants administrator has saved the 17,000. that
32 can now be used for labor and materials to enhance the project.
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34 There being no further discussion, Councilmember Elstro moved for adoption of Resolution No. 8-1898,
35 seconded by Councilmember Morris and on unanimous voice vote the motion was carried.
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37 RESOLUTION NO. 9-1989
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39 ;The Clerk read by title only Resolution No. 9-1989 - A RESOLUTION TO AUTHORIZE AN APPLICATION
40 I WITH THE UNITED STATES OF AMERICA DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT,
41 I FOR HOUSING VOUCHERS FOR TWENTY-FOUR (24) LOW INCOME FAMILIES AS PROVIDED BY
42 SECTION 213 (a)OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974.
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44 President Hutton explained the Resolution was authorization by the Council for the Housing Authority to -
45 apply for 24 housing vouchers for the program Mr. McGathey explained to Council at the prior meeting.
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47 There being no further discussion, Councilmember Elstro moved for adoption of Resolution No. 9-1898,
48 seconded by Councilmember Brookbank and on unanimous voice vote the motion was carried.
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50 ORDINANCES
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52 ORDINANCES ON FIRST READING
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54 Councilmember Morris moved to suspend the rules and read Ordinances No.26 and 27-1989 on first reading
55 by title only,seconded by Councilmember Elstro and on unanimous voice vote the motion was carried.
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57 'ORDINANCE NO.26-1989
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59 The Clerk read on first reading by title only Ordinance No. 26-1989 - AN ORDINANCE AMENDING
60 CHAPTER 154 OF THE MUNICIPAL CODE, BEING ORDINANCE NO. 2325-1968, COMMONLY KNOWN
61 AS THE ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA PROVIDING FOR THE
62 REZONING OF PROPERTY LOCATED IN THE 900 BLOCK OF NORTH G STREET ON THE NORTH
63 SIDE, FROM R-3 ONE TO EIGHT FAMILY RESIDENCE DISTRICT TO C-4 GENERAL BUSINESS
64 DISTRICT.
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Common Council Minutes Cont'd
May 1, 1989
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1 President Hutton assigned Ordinance No.26-1989 to the Plan Commission for public hearing.
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3 ORDINANCE NO.27-1989
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5 The Clerk read on first reading by title only Ordinance No. 27-1989 - AN ORDINANCE AMENDING
6 CERTAIN PROVISIONS OF THE POLICE MERIT COMMISSION OF THE CITY OF RICHMOND.
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8 President Hutton announced Ordinance No.27-1989 needed to be advertised for public hearing.
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10 ORDINANCE ON SECOND READING
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12 ORDINANCE NO.62-1988
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14 The Clerk read on second reading Ordinance No. 62-1989 - AN ORDINANCE GRANTING PRELIMINARY
15 APPROVAL TO A COMMERCIAL DEVELOPMENT UNIT PROJECT IN A C-2 COMMERCIAL DISTRICT
16 ON PROPERTY LOCATED ON THE EAST SIDE OF CHESTER BOULEVARD IN THE 2500 BLOCK
17 PURSUANT TO ARTICLES 31, 45 AND 48 OF CHAPTER 154 OF THE CODE OF ORDINANCES,
18 COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA.
19
20 President Hutton announced the petitioner requested the Ordinance be stricken.
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22 Councilmember Hankinson moved to strike Ordinance No. 62-1989 from the agenda, seconded by
23 Councilmember Parker and on unanimous voice vote the motion was carried.
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25 ORDINANCE NO.18-1989
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27 The Clerk read on second reading Ordinance No. 18-1989 - AN ORDINANCE AMENDING CHAPTER 154
28 OF THE MUNICIPAL CODE, BEING ORDINANCE NO. 2325-1968, COMMONLY KNOWN AS THE
29 ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA PROVIDING FOR THE REZONING OF
30 PROPERTY LOCATED AT 115 NORTH 9TH STREET, FROM R-4 MULTI-FAMILY RESIDENCE TO C-3
31 CENTRAL BUSINESS DISTRICT.
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33 President Hutton announced Ordinance No. 18-1989 was on public hearing.
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35 There being no one speaking, Councilmember Hankinson moved for engrossment, seconded by
36 Councilmember Elstro and on unanimous voice vote the motion was carried.
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38 Councilmember Elstro moved to suspend the rules and move Ordinance No. 18-1989 to third and final
39 reading and read by title only, seconded by Councilmember Brookbank and on unanimous voice vote the
40 motion was carried.
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42 Ordinance No. 18-1989 was adopted on the following call of the roll:
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44 Ayes: Elstro, Lundy, Brookbank, Hankinson, McBride, Parker, Morris, Paust and Hutton (9)
45 Nays: None
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47 ORDINANCE NO.19-1989
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49 The Clerk read on second reading Ordinance No. 19-1989 - AN ORDINANCE GRANTING PRELIMINARY
50 APPROVAL TO A RESIDENTIAL DEVELOPMENT UNIT PROJECT IN A R-4 MULTI-FAMILY RESIDENCE
51 DISTRICT ON PROPERTY LOCATED ON THE EAST SIDE OF GREENBRIER DRIVE IN THE 300 BLOCK,
52 PURSUANT TO ARTICLES 45 AND 48 OF CHAPTER 154 OF THE CODE OF ORDINANCES,
53 COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA.
54
55 President Hutton announced Ordinance No. 19-1989 was on public hearing.
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57 Speaking for Ordinance No. 19-1989 was Mr. Robert Burton, Attorney at Law, representing the petitioner.
58 Mr. Burton explained the development would be between Greenbrier and the Arboretum. He said that Mr.
59 Paul Lingle has determined That there is a lack of housing in the higher income range and a number of
60 people in the community Wire and go to other communities. He said they would like to remain in
61 Richmond, live in a nice residence, but not have to take care of the home and this development will provide
62 that type of housing.
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64 Mr. Burton said the structures will be condominiums with twelve separate unite in a 31/2 acre area that
65 slopes east to the Arboretum. He informed the Council the property is currently zoned R-4 which would
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Common Council Minutes Cont'd
May 1, 1989
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1 permit a more massive project such as an apartment complex of 200 units and structures of 100 ft..
2
3 Mr. Burton stated this would be a very attractive project and as a Planned Unit Development they would be
4 requesting a variance on the set back on the NE portion of the property along with a variance on the footage
5 between buildings.
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7 Mr. Burton introduced Mr. Lingle, Mr. Dave Smyth, Mr. Dan Jones and Mr.Jim Brower to the Council in order
8 'that they might familiarize the Council with their responsibilities for the Planned Unit Development. He said
9 the Ordinance presented is only the preliminary approval for the Planned Unit Development and they must
10 come back to Council for final approval and present the detailed engineering plans.
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12 Mr. Burton gave the Council some history on the property and that in 1981 a petition was approved for 20
13 apartment units to be placed on the property, but now this is a better usage of the land. Mr. Burton detailed
14 the modifications they would be requesting and that they were justified and appropriate for the project.
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16 Councilmember McBride asked about the footage between buildings and if it met with state requirements
17 and Mr. Dan Dooley indicated they would need to provide a fire wall with a one hour resistance if the
18 modification is allowed.
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20 Councilmember McBride also asked about the run off going to the homes behind this development and if
21 they would be grading the road to the south east.
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23 Mr. Burton said they would be doing that and that all roof and driveway water would go into the storm sewers
24 eliminating run off with no opposition from the Arboretum if water runs off in that direction.
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26 Councilmember Morris expressed concerns over serious problems with drainage with adjacent properties
27 and that the storm sewers are not effective to handle the,existing water problem in the area. She asked if
28 the project engineer could resolve this issue in a different manner.
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30 Mr. Burton said the engineer could speak to that matter with the final details, but this was only a preliminary
31 approval.
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33 Mr. Dan Jones, project architect,described to the Council the project and their efforts to make it flow with the
34 land, provisions for a walk out basement and view of the arboretum. He said it will create a nice atmosphere
35 with proper use of landscaping. He added that the street will be set into grade and hidden by vegetation.
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37 Councilmember Paust asked how far into grade it would be set and Mr. Jones said it would vary from 2 to 3
38 ft. to 4 to 6 ft.
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40 Councilmember Parker asked about if 10 ft. would be the closest to any adjacent property for any road or
41 unit and Mr.Jones said that was correct.
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43 Councilmember Paust asked if the four units in the center could be moved to allow additional space on the
44 set backs and Mr.Jones said it could but they needed to be careful to block views of the Arboretum.
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46 Councilmember Paust said the major complaint is the closeness of the road and if additional area were
47 available, it would make the road safer along with setting in into grade making it safer.
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49 Mr. Jones said they could possibly gain five ft. by moving the units and that none of the roadway would be
50 visible unless you were on the roadway.
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52 Councilmember Brookbank asked about the footage between buildings and Mr.Jones said 10 ft. and if more
53 were allowed it would affect all buildings.
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55 Councilmember Paust said he would like to see the financial feasibility of removing one unit and Mr. Burton
56 said the project would not be feasible with one unit removed.
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58 Councilmember Paust asked about the requirements for off street parking and Mr. Dooley said 1.2 spaces
59 per unit.
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61 Mr. Jones informed the Council their ratio would be 4.5 spaces per unit with a 24 ft. driveway leading into a
62 16 ft.to 18 ft.driveway into a two car garage. He said the driveways will also be set into grade.
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64 Also speaking was Mr. Jim Brower, Landscape Architect. Mr. Brower described the landscaping for the
65 Council and that it would be low maintenance,durable and compatible with the Arboretum. He said it would
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Common Council Minutes Cont'd
May 1, 1989
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1 provide screening and would be a beautiful project.
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3 Councilmember Paust asked about the screening for the road and Mr. Brower said they would use
4 evergreens similar to the Arboretum. He said the width of the evergreens could be controlled and the
5 landscaping would also be a benefit to the adjacent properties.
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7 Councilmember Paust commented on the last unit being the big problem and wondering if it could not be
8 landscaped the entire length of the unit.
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10 Mr. Paul Lingle, 801 North A Street, summarized the need for the project being to keep a portion of the
11 population in the community by making available housing. He said he understood the concerns of the
12 neighbors who are used to looking at an empty field and added that he too was concerned since he lived
13 and worked in Richmond. Mr. Lingle said the original project had been reduced to twelve units and they
14 were concerned about the neighbors and the neighborhood.
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16 Mr. Lingle said that Mr.Jones and Mr. Winemiller,the Project Engineer, have been working on the drainage
17 issue and they believe the proposed drainage will assist the entire neighborhood since the run off will be
18 piped underground and into the storm sewers. Mr. Lingle added that with the elevation of the buildings, it will
19 be unlikely that people in neighboring houses will be able to see the project.
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21 Councilmember Morris asked Mr. Lingle about his feelings on relocating some of the units and Mr. Lingle
22 said he had no problem if the architect said it would be feasible. He said they would be good neighbors,with
23 an aesthetically pleasing project and a positive addition to the area.
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25 Councilmember Morris said she was concerned about the roadway being only 10 ft. from the adjacent
26 property line and concerned with the property values with the roadway being that close.
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28 Councilmember Hankinson commented on the largeness of the proposed front yards and that an additional
29 five ft.on the set back might pay some dividends back.
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31 Recess and Reconvene of the Council
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33 President Hutton reconvened the May 1,-1989 meeting of the Common Council after a five minute recess.
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35 Speaking in opposition to Ordinance No. 19-1989 was Mr. Mike Foley, 3819 Delwood Lane. Mr. Foley
36 represented the neighbors of the area and presented a petition to the Council expressing their concerns.
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38 Mr. Foley addressed the Council about the Quality Process adopted in Richmond and stressed doing this
39 project right the first time. He said as a group the neighbors are not totally opposed, but they feel the quality
40 process is being compromised with the variances being allowed. He said the variance to 10 ft. on the set
41 back from the property line would block the view of adjacent properties of the Arboretum. Mr. Foley said the
42 zoning laws are being violated.
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44 Mr. Foley suggested the some improvements to the project such as the road moved to the center on the
45 south side of the development, remove or move the NE corner unit to allow continuous view of the
46 Arboretum, landscaping on side portion of unit and water run off protection.
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48 Mr. Foley said they did not want the project eliminated or blocked, but the quality process carried out. He
49 said if a compromise would make the quality process work then the process would not be placed in jeopardy.
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51 Also speaking in opposition was Rev. David Layman, 3811 Delwood Lane, told the Council they were not
52 against the condominiums in the area, they would just like to see a design suitable to the area and the
53 adjacent homeowners. He.said when he purchased his home he was informed the area would be
54 developed, but he never dreamed he would have a road 10 ft. behind his house. He felt when the area was
55 developed there would be living space. Rev. Layman told the Council his children play in the back yard and
56 he would feel better if they would have some protection rather than a roadway 10 ft. behind their home.
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58 - Rev. Layman asked if it were possible for the Council to postpone action until an agreement could be
59 developed that all could be comfortable with.
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61 Councilmember Morris asked if it were possible to investigate some of the suggestions and return to Council
62 in two weeks and Mr. Lingle said he felt they had addressed the concerns and they would further address
63 them in the final approval stages.
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65 Mr. Burton reminded the Counr it this was a conceptual preliminary approval and the final approval will get
into the fine details and the rest of the engineering concept. He said nothing can be done with the area until
Common Council Minutes Cont'd
May 1, 1989
Page 7
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2 the final petition is approved by Plan Commission and the Common Council.
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4 Mr. Lingle said all will be taken into consideration that was addressed tonight and will be put into the
5 construction design for final approval.
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7 Mr. Burton said there will also be additional questions with the final approval.
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9 `Councilmember Morris said the Plan Commission minutes led her to believe it was the wishes of the
10 petitioner to resolve some of the issues at this stage.
11
12 Ms. Vicky Foley, 3819 Delwood Lane, asked if the preliminary plan was based on the road and the position
13 lof the units and Councilmember Morris assured Ms. Foley that the final approval will also deal with those
14 'issues.
15
16 1Councilmember McBride asked how the zoning requirements could be waived and Mr. Dooley explained that
17 the Plan Commission had looked at the site plan and felt those were the correct measures to take to alleviate
18 he problems. He said the Planned Unit Development process had granted other modifications as long as
19 the rationale is sensible the modification can be allowed.
20
21 !There being no further discussion, Councilmember Elstro moved for engrossment, seconded by
22 Councilmember Brookbank and on unanimous voice vote the motion was carried.
23
24 Councilmember Elstro moved to suspend the rules and move Ordinance No. 19-1989 to third and final
25 reading and read by title only, seconded by Councilmember Brookbank and on unanimous voice vote the
26 motion was carried.
27
28 Ordinance No. 19-1989 was adopted on the following call of the roll:
29
30 Ayes: Elstro, Lundy, Brookbanc, Parker and Paust (5)
31 Nays: Hankinson, McBride, Morris and Hutton (4)
32
33 !ADJOURNMENT
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35 There being no further business, on a motion duly made, seconded and passed, the meeting was
36 adjourned.
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41 Sarah L. Hutton, President
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47 ATTEST:
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49 Mary Merchanthouse, City Clerk
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