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HomeMy Public PortalAbout5/11/1999C ity of G O City Hall Four East Walnut Street Greencastle, Indiana 46135 Pamela S. Jones Clerk - Treasurer GREENCASTLE COMMON COUNCIL REGULAR SESSION TUESDAY, MAY 11, 1999 7:00 P.M. PUTNAM COUNTY LIBRARY The Greencastle Common Council met in Regular Session, Tuesday, May 11, 1999, 7:00 p.m. at the Putnam County Library. Mayor Michael called the meeting to Order at 7:25 p.m. On the Roll Call, the following were found to be present: Councilor Roach, Councilor Hammer, Councilor Green and Councilor Masten. Councilor Baynard arrived at 8:10 p.m. Also present were: City Attomey Laurie Robertson and City Attorney Ron Smith. Public Petitions and Comments There were no public petitions or comments. Department Reports Additions to Department Reports included Police Chief Hendrich stating the department is • spending more time with the schools due to the recent shootings in Colorado. Chief Hendrich also reported they are contmum2 their enforcement in the Deerfield area. Park Director Staton reported the Aquatic Center will open May 29th. Mayor Michael stated the City has officially entered into an Agreed Order with IDEM. Engineer Smith reported the Franklin Street Renovations and the 10th Street Intersection projects are on track, as well as the South Jackson Street project from Gould's Market to Berr Street. The Bloomington Street radius project is also on schedule. Asphalt contracts have been advertised and should start the middle of July. City Attorney Robertson stated most of her time is being spent on litigation and acquiring the property needed for the new Wastewater Treatment Plant. Motion to approve minutes from April 13. 1999, Regular Meeting and April 19, 1999 Executive Session made by Councilor Masten, seconded by Councilor Roach. Vote was unanimous. Motion to approve claims made by Councilor Masten, seconded by Councilor Green. Vote was unanimous. • Resolution 1999 -21, A Resolution Authorizing Additional Appropriation, was read by Mayor Michael. Motion to approve made by Councilor Hammer, seconded by Councilor Roach. Vote was unanimous. ® Ordinance 1999 -3, An Ordinance Amending Section 6 -146 of the Greencastle City Code (Noise Ordinance), first reading, was read by Mayor Michael, Councilor Masten asked if the fact that this Ordinance is vague and subjective is not a problem. Is it enforceable and will it hold up if challenged, Councilor Masten asked. City Attorney Robertson stated there are enforcement issues. Chief Hendrich stated that in the Ordinances they looked at the distance which ranged anywhere from 10 to 100 feet and decided on 25 feet which is a short distance. "Clearly audible ", is also questionable, Chief Hendrich stated. City Attorney Robertson reminded the Council that we do have a public nuisance ordinance on the books at this time. Councilor Roach stated he doesn't see vagueness being a problem. This does give Officers the authority to tell offenders to turn it down and is another tool for them to use. The time, 10:00 p.m. to 8:00 a.m., is a concern, Councilor Roach continued, noise pollution is noise pollution, 24 hours a day. Councilor Roach stated he would like to see the times removed and "regularly scheduled meetings" removed. If someone has an appeal we should be willing to set a special meeting if needed. Councilor Hammer pointed out that (c) covers cars 24 hours a day. Councilor Roach made the motion to adopt Ordinance 1999 -3, with the removal of "regularly scheduled meeting ", seconded by Councilor Hammer. Vote was unanimous. Ordinance 1999 -4, An Ordinance Amending Ordinance No. 1994 -12, Being an Ordinance Amending Ordinance Nos. 1966 -7, 1977 -13, 1977 -15,. 1980 -10 and 1980 -14, Being an ® Ordinance Establishing Rates and Charges by the City of Greencastle, Indiana, for Use and Service of its Sewer System, Providing Charges for Connection and Providing for Collections, first reading, was read by Mayor Michael. Mayor Michael stated she delivered a letter to Fillmore Town Board on Saturday. Fillmore has 90 days to respond. Mike Brenner, London -Witte Group was present to answer any questions. Councilor Hammer stated that by passing the rate increase in three increments it will generate additional funds, partially to fund the deficit in the Sewage Department, it will save money to be applied to the Debt Service Fund so that we will not have to borrow additional funds to put into savings and pay interest on it and will potentially save all of us money in the long run. Brian Jaworski, 1016 South Indiana Street, stated that as a home owner he feels this is a very serious problem. Mr. Jaworski stated he has had sewage water back up in his basement. Acting Wastewater Treatment Superintendent Neese stated the Southside Interceptor will help alleviate this problem. Councilor Baynard arrives at 8:10 p.m. Motion to adopt Ordinance 1999 -4, first reading, with the correction in paragraph 3 to add "per 100 cubic feet ", made by Councilor Hammer, seconded by Councilor Green. Vote was unanimous with Councilor Baynard not voting due to missing the discussion. ® Ordinance 1999 -5, An Ordinance amending the Greencastle Planning and Zoning Ordinance by Amending the Zoning Maps (McDonald's Petition), first reading, was read by Mayor Michael. O Amy Broderick was present representing Comer Law Offices and Kevin Cavanaugh, Bob Jedel and Bob Gyton were present representing McDonald's. Bob Jedel, local McDonald's owner, addressed traffic issues and other concerns at the current location. Mr. Jedel stated they need to be in between where people are and where they are going and we feel we have found the perfect site at First Street and Indianapolis Road. We have worked with the City to make this location work for both parties. Bob Gyton, representing McDonald's Corporation, stated they are looking at this location due to trip patterns and servicing where people are. Who are the generators, Mr. Gyton asked, Wal- Mart, Kroger, the University and the High School. This location services all of these. McDonald's is looking at approximately 3 acres, asking for the front portion to be reasoned from R -2 to C -3, the back portion of the lot will remain zoned R -2. The new facility will be 3340 square feet with 74 seats and 64 parking spaces as compared to the old facility which is 2500 square feet with 86 seats and 46 parking spaces. Kevin Cavanaugh, Construction Manager for McDonald's Corporation, stated the major concerns are access and traffic flow. Mr. Cavanaugh stated they have been working with the City to develop this project in the best interest of all concerned. Mr. Cavanaugh continued that a turn lane on the south side of Indianapolis Road will be constructed at McDonald's expense for right in, right out turns. This turn lane will be continuous for right turns onto First Street. McDonald's has also agreed to widening First Street to allow traffic to continue North with left turning traffic into McDonald's, Drainage issues have also been addresses, as our project will control the runoff. • Engineer Smith stated traffic studies show 500 cars per hour in both directions at this intersection on Indianapolis Road. We are working on a "master plan" for engineering design on Indianapolis Road. Engineer Smith further stated the right in, right out, on Indianapolis Road should be planned with the project, but should not be implemented until the City_ has had the opportunity to complete the engineering design. Planning and Zoning Attorney Lam Wilson explained the Plan Commission Process as: 1. The Petition goes before the Plan Commission for a Public Hearing; 2. Recommendation is then sent to the Council with reasonable regards to: I. the comprehensive plan; 2. current conditions and the character of current structures and uses in each district; 3. the most desirable use for which the land in each district is adapted; 4. the conservation of property values throughout the jurisdiction; and 5. responsible growth and development. The Plan Commission recommendation goes into effect 90 days after the Plan Commission certification if the Council does not act. Attorney Wilson continued that the request is to change the zoning to C -3, property surrounding is zoned C- I and R -2. If the Council requests anv changes the request will have to go back to the Plan Commission. Councilor Masten stated the Plan Commission failed to attach the stipulations that were talked • about and agreed upon and he wants those stipulations in writing and attached to the certification. Councilor Masten made the motion to table Ordinance 1999 -5, and send back to the Plan ® Commission to attach stipulations. Councilor Roach seconded the motion. Vote as follows: Councilor Roach, yes; Councilor Hammer, no Councilor Green, yes; Councilor Baynard, yes and Councilor Masten, yes. Motion passes 4 -1. Ordinance 1999 -6, An Ordinance Approving the Petition of DePauw University to Vacate Public Right -Of -Way Located in the City of Greencastle, Putnam County, Indiana (College Street), first reading. Mayor Michael stated a Public Hearing was held on this issue prior to the regular meeting. Councilor Baynard asked if the city will still receive the monetary donation. Mr. Dixon replied that everything is the same as before. Councilor Baynard asked if the sign changes had been made. Mr. Dixon replied that DePauw has changed the five signs to read "No first year student parking ". Councilor Baynard stated he feels DePauw has met all the issues that needed to be addressed. Councilor Hammer stated he had a call around 6:00 p.m. tonight concerning parking in general and handicap parking. Councilor Hammer stated he feels DePauw has made many positive moves. Mayor Michael read Ordinance 1999 -6, motion to approve made by Councilor Green, seconded by Councilor Hammer, A n Councilor Roach stated he feels this has been a truly positive experience in may ways. This "little" street issue has raised discussion regarding parking issues that have been a problem for years and that concern has been addressed stated Councilor Roach. We have also changed and improved our procedure in how we handle recommendations from the Plan Commission, as well as improved the working relationship between DePauw and the City. These are all positive things, Councilor Roach continued. But, this is still a street and it is still an issue for me. This is a street for the citizens of Greencastle, it is an asset, stated Councilor Roach, and I cannot change my position. f do applaud DePauw on the positive aspects that have come from this issue. Vote as follows: Councilor Roach, no: Councilor Hammer, yes; Councilor Green, yes; Councilor Bavnard, yes and Councilor Masten abstained. Ordinance 1999 -6, passes 3 -t -1. Ordinance 1999 -7, An Ordinance Amending Ordinance 1997 -20, An Ordinance Establishing a Special Non - Reverting Capital Fund for the Department of Parks and Recreation, first reading, was read by Mayor Michael. Mike Rokicki, President of the Park Board and Park Director Kathv Staton were both present. Director Staton stated the Aquatic Center was built in 1992, she was not here, but if she had been there, she would have insisted on a capital fund being established at that time. This fund could be used for equipment purchases, major repairs or matching funds for grants. Councilor Masten stated he would support the $25,000.00 Non - Reverting Fund as a budget line item replacing a capital expense with this line item. Councilor Masten made the motion to table Ordinance 1999 -7. seconded by Councilor Roach. Vote was unanimous. Mayor Michael discussed a memo distributed to Councilmembers from herself and Chief ® Hendrich regarding the Fast Cops Grant. Mayor Michael stated in order for us to take advantage of this opportunity we must sign the Grant Award Documents no later then June 8, 1999. Councilor Roach made the motion to move forward with the paper work and additional appropriation for one officer, seconded by Councilor Masten. Vote was unanimous. A Special Meeting was set for May 25, 1999, 7:00 p.m. for the first reading of the amendment for the Salary Ordinance. The place of the meeting will be determined later. Councilor Masten requested a Resolution be prepared for Greencastle/Putnam County Development Center Fund which will also be on the agenda for the May 25th Special Meeting. Councilor Roach requested financial reports from both the Development Center and Putnam County Foundation. Councilor Masten made the motion to appoint James T. Ruark to the Greencastle Redevelopment Commission, seconded by Councilor Hammer. Councilor Masten stated Mr. Ruark is the Assistant Director of the Physical Plant at DePauw University and is well versed in underground pipeline, moving earth, etc. Mr. Ruark was in charge of the Union Building Project and has the wherewithal to move a project from theory to process through to completion, Vote was unanimous. Mayor Michael discussed a memo distributed to Councilmembers regarding funding for Preliminary Engineering on Indianapolis Road from Fifth Street to Tenth Street. Mayor Michael ® asked that the Council request a recommendation from the Citizens Advisory Commission for Industrial Development for funding of this project. Engineer Smith has estimated the cost at $125,000.00. Councilor Masten made a motion for the City Attorney to prepare a Resolution requesting funds from CACHD to fund the Preliminary Engineering on Indianapolis Road to be presented at the May 25th Special Session, seconded by Councilor Roach. Vote was unanimous. Mayor Michael announced the City Hall Secretary Marlene Sipe will be leaving. Motion to adjourn made by Councilor Masten, seconded by Councilor Hammer. Vote was unanimous. ATTI S Nancy A. chael, Mayor : Pamela S. Jones, Cler -T� surer E