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HomeMy Public PortalAbout7/13/1999City of Greencastle -. - -._ _ - _- City Hall Aft Four East Walnut Street Greencastle, Indiana 46135 Pamela S. Jones Clerk-Treasurer GREENCASTLE COMMON COUNCIL REGULAR SESSION TUESDAY, JULY 13, 1999 7:00 P.M. PUTNAM COUNTY LIBRARY The Greencastle Common Council met in Regular Session Tuesday, July 13, 1999, 7:00 p.m. at the Putnam County Library. Mayor Michael called the meeting to Order at 7:15 p.m. On the Roll Call, the following were found to be present: Councilor Roach, Councilor Hammer, Councilor Green, Councilor Baynard and Councilor Masten. Also present was: City Attorney Laurie Robertson and City Engineer Ron Smith. Public Petitions and Comments Jerry Verplaetse asked for a clarification on the Zoning Board of Appeals ruling on the Jerry Lewis property. Mr. Verplaetse stated it was his understanding the BZA denied a special exception requested by Mr. Lewis, but Mr. Lewis is moving in anyway. Who enforces the Ordinances, Mr. Verplaetse asked. Mayor Michael stated the City enforces the Ordinances and explained that the BZA denied a contractor storage yard for Mr. Lewis. Mr. Lewis was told that sales and service of heavy equipment is permitted, but construction equipment is not allowed outside, it must be under roof. Mr. Verplaetse stated there is a fine line between what he is selling and what is being used for personal use - where is the fine line? Mayor Michael stated she can't answer that question at this time, but sales and services are permitted on the property. The City will have to monitor this situation closely and Mayor Michael will check with Attorney Larry Wilson and City Attorney Laurie Robertson. Bob Hardwick stated he owns a business at 7 North College which is next door to a house that burned in January. The house is uninhabitable and no one is mowing grass. etc. Mr. Hardwick stated he would like to see the City move forward on condemnation on this property as he feels this is detrimental to his property. Councilor Roach stated he wishes we could do more. We are creating an appropriation to hire someone to mow tall grass and weeds as needed for the City. Wally Estes, South Jackson Street, stated there is a dip in the road by the South Jackson Street pumping station and when semi's fly down the road and hit it they make a loud noise. Engineer Smith asked if this is where the culvert crosses the road and stated he thought they fixed that problem. Mr. Estes stated the problem by the culvert is fixed this is another dip in the road. Engineer Smith and Assistant Street Commissioner Brad Phillips will look into this problem. Mr. Estes questioned a stop sign being placed on Jackson Street at Berry Street. Engineer Smith stated that stop signs can only be placed where they are appreciated and respected. The minimum number of vehicles through a major intersection is 4,000 during the busiest 8 hours of the day and the minimum number of vehicles through a minor intersection is 1,600 during the busiest 8 hours of the day. Traffic counters are out all around town. We will have counts at intersections by the hour. Department Reports Mayor Michael reported Anita Leonard is at home and recuperating. Police Chief Hendrich and Street Commissioner Thomas Miles were both absent. Assistant Street Commissioner Brad Phillips was present. Councilor Baynard asked that a new category be added to the police report that includes with tickets issued for the noise ordinance. Councilor Roach thanked the Street Department for all the work done on Poplar Street. Councilor Baynard asked Park Director Staton if the Ordinance regarding Parking on the Grass is being enforced. Director Staton stated they are using common sense and trying to issue warnings first. Councilor Roach thanked the Park Department for mowing the old Dick Brown lot. Joe Liechty, 104 East Berry Street, was present to discuss the overflow in his yard. Acting Wastewater Treatment Superintendent Mike Neese stated they are working on the problem. Engineer Smith reported on current projects in the City. The 10th Street Intersection Improvements are moving along, curbs will be poured by Friday, milling and paving should be done August 5 -10th. Franklin Street Reconstruction is on schedule and there has been a successful bid letting on Bloomington Street and Washington Street intersection improvements with a pre- construction meeting set for July 19, 1999. City Attorney Robertson reported she is looking into condemnation procedures and will keep the Council advised. Approval of Minutes Councilor Masten made the motion to approve minutes from: May 25, 1999, Executive Session; May 25, 1999, Special Session; June 8, 1999, Public Hearing and June 8, 1999, Regular Session, seconded by Councilor Hammer. Vote was unanimous. General Business Motion to approve City claims made by Councilor Baynard seconded by Councilor Masten. Vote as follows: Councilor Roach, abstain; Councilor Hammer, yes, Councilor Green, yes; Councilor Baynard, yes; and Councilor Masten, yes. Mike Murphey presented a request for street closings for the first annual antique car show. This event will take place October 8th and 9th with a rain date of October 16, 1999. The following street closings and parking restrictions were requested: -The closing of Franklin Street between Jackson and Indiana Streets beginning at 10:00 p.m. Friday, October 8, 1999 until 5:00 p.m. Saturday, October 9, 1999. -The closing of Indiana Street between Franklin and Washington and between Washington and Walnut (leaving 231 open) from 10:00 p.m. Friday, October 8, 1999 until 5:00 p.m. Saturday. October 9, 1999. The closing of Vine Street between Washington and Walnut (leaving 231 open) from 10:00 p.m. Friday, October 8, 1999 until 5:00 p.m. Saturday, October 9, 1999. -The closing of the Vine Street parking lot from 10:00 p.m. Friday, October 8, 1999 until 5:00 p.m. Saturday, October 9, 1999. - Parking restricted on these streets during the times they are closed beginning at 10:00 p.m. Friday, October 8, 1999. Motion to approve made by Councilor Roach, seconded by Councilor Masten. Vote was unanimous. Emily Nichols, Director of West Central Solid Waste District, addressed yard waste sites and showed a video of how yard waste sites should look. Ms. Nichols stated they have found copperheads and rattlesnakes at the current site and feels we have to look at public safety and move this site to a safer location. Councilor Masten stated he does not feel the Industrial Park is the place to put a waste site and is not sure about the terms of the contract with FHA and how that will play out. Ms. Nichols stated she needs to know what is going on by August 1 st in order to notify residents by September that the current site is closing and direct them to the new site. Ms. Nichols stated the cost to the City will go up with relocation. Councilor Masten asked what the cost is to set up a new site. Ms. Nichols stated she did not have those figures, but estimates $18,000.00 for wages, utilities, fencing, gravel, etc. No decision was made on this issue. Ordinance 1999 -5, An Ordinance Amending the Greencastle Plan and Zoning Ordinance by Amending the Zoning Maps (McDonald's Petition), second reading. City Attorney Robertson read the proposed agreement stating the issues are signage, traffic signals and water lines. It was agreed that additional right -of -way will be granted for waterlines, sidewalks, etc. and old water lines will be removed when the new lines are installed. After some discussion, Councilor Hammer made the motion to approve Ordinance 1999 -5, second reading, seconded by Councilor Baynard. Vote as follows: Councilor Roach, yes; Councilor Hammer, yes; Councilor Green, no; Councilor Baynard, yes and Councilor Masten, yes. Councilor Roach made the motion to authorize the Mayor to execute the agreement to attach to Ordinance 1999 -5, seconded by Councilor Masten. Vote was unanimous. Mayor Michael read a letter submitted from Tom Dixon, Vice President for Finance at DePauw University, requesting either flashers or a 4 -way stop at the intersection of Hanna Street and Jackson Street. Discussion ensued with no decision being made on this issue. Ordinance 1999 -9, An Ordinance Amending the Greencastle Planning and Zoning Ordinance by Amending the Zoning Maps (Wal -Mart Petition), first reading, was read by Mayor Michael. Plan and Zone Attorney Larry Wilson stated the Plan Commission approved this petition and certified it to Council with conditions that are part of the approval. Conditions placed on approval to rezone 22.2 acres from I -1 to I -2 and C -3 owned by John Sturgeon at 1800 East State Road 240, Section 23, Township 14N, Range 4W, CEI Engineering Associates, Inc. and Wal -Mart, Greencastle Plan ® Commission, June 23, 1999, are as follows: I. Proper storm drainage be put in place and wetlands easement be granted for the ® length of the property. 2. Calbert Way be realigned with the main entrance at the new stoplight to be put in, both at Wal -Mart's expense. 3. Landscaping to include irrigation system. 4. Right -in, right -out secondary entrance with raised median in right -of -way. 5. Pedestrian push -button signals to be put into place at the proposed main entrance stoplight and at the existing stoplight at Veterans Memorial Highway (State Road 240), with Indiana Department of Transportation approval and at Wal -Mart's expense. 6. Parking lot to have 97.3) parking spaces excluding outlots. 7. Future development of outlets must be approved through the Greencastle Board of Zoning Appeals. 8. Signage to appear as presented (approximately 12 feet high by 8 feet wide). 9. State be petitioned to lower speed limit. 10. Parking lot lighting have "shoe -box" type lighting that will not permit lighting to go beyond the property. 11. Facade have appearance as presented in proposal. Attomev Lee Comer stated he would like to answer any questions the Council may have. Councilor Hammer asked about a pedestrian walkway parallel to State Road 240. Councilor Masten stated we don't want to amend what has been presented, but we can request Wal -Mart help construct a walkway consistent with the People Pathways project. Engineer Smith stated when the subdivision comes before Plan Commission an agreement can be reached to construct sidewalks. Attorney Comer stated Wal -Mart has supported the current People Pathways project. Audience member Scott Davis questioned how the City is planning for the increased traffic. Engineer Smith stated a study is being initiated to assess the traffic needs on Indianapolis Road. Councilor Roach questioned if Engineer Smith is satisfied with how traffic will be funneled in and out of the site. Engineer Smith stated he is. Katherine Newkirk stated she lives approximately two miles from the proposed Wal -Mart site and does not feel 94, the conservation of property values throughout the jurisdiction, has been looked at thoroughly. The economic impact of a Super Wal -Mart varies from place to place, Ms. Newkirk continued, what is the impact going to be on assessed valuation and property values. Ms. Newkirk encouraged Council to do an economic impact study so they can make a thoughtful, informed and responsible decision. Corky Crimmons stated there are studies in the Putnam County Library regarding impact on communities and stated she would also like the Council to do an economic impact study. Councilor Hammer stated those studies are all in regard to new construction. That is not what we have here, we already have a Wal -Mart. Councilor Roach stated he has talked to downtown merchants and for the most part the merchants are all for the new Wal -Mart. Councilor Bavnard stated he has heard only positive remarks about the new Super Wal -Mart. Motion to approve Ordinance 1999 -9, first reading, made by Councilor Roach, seconded by Councilor Green. Vote was unanimous. Resolution 1999 -27, A Resolution Affirming H.A. Parts Products of Indiana Company of Compliance with Statement of Benefits, was read by Mayor Michael. Bill Dory stated this is a ® follow up on the new paint room and equipment installed by HAPPICO. Motion to approve Resolution 1999 -27, made by Councilor Masten, seconded by Councilor Green. Vote was unanimous. E Resolution 1999 -28, A Resolution Creating Appropriation 101009362 and Authorizing Additional Transfer of Appropriation Between Classifications of Appropriation in the 1999 Budget of the City of Greencastle, was read by Mayor Michael. Motion to approve made by Councilor Masten, seconded by Councilor Roach. Vote was unanimous. Mayor Michael stated Councilor Roach has discussed some of the narrow streets with parking on both sides, stating there is a need to amend our Ordinance to allow parking on only one side of the street. Mayor Michael stated a list will be drawn up so this can be addressed at one time. Mayor Michael stated there will be a dinner for the Ota City Japanese guests at Bill and Joy Marley's house, July 20th. An Executive Session with both the Council and Park Board was scheduled for Jul_v 22, 1999, 5:30 p.m. at the Water Plant. Councilor Masten made the motion to instruct the Plan Commission Attorney to draft a request for professional services to update the Comprehensive Plan, Zoning Ordinances and Zoning Maps with the Attorney sending this request to four to six reputable (inns, seconded by Councilor Roach. Vote was unanimous. Being no further business motion to adjourn made by Councilor Hammer, seconded by Councilor Baynard. Vote was unanimous. ATTE : Pamela S. Jones, CI k- asurer L «�Q ancy A. ichael, Mayor E