HomeMy Public PortalAbout5/12/1998City of Greencastle
City Hall
Four East Walnut Street
Greencastle, Indiana 46135
Pamela S. Jones
Clerk- Treasurer
GREENCASTLE COMMON COUNCIL
REGULAR SESSION
TUESDAY, MAY 12,1998 7:00 P.M. PUTNA_M COUNTY LIBRARY
The Greencastle Common Council met in Regular Session Tuesday, May 12, 1998, 7:00 p.m. at
the Putnam County Library. Mayor Michael called the meeting to order. On the Roll Call, the
following were found to be present: Councilor Roach, Councilor Hammer, Councilor Green and
Councilor Masten. Councilor Baynard was absent. Clerk - Treasurer Jones stated Cemetery
Superintendent Randy Robinson is at Tzouanakis Intermediate School to direct people to the
Library since the meeting place has been changed. Mayor Michael announced this as Municipal
Government Week and introduced Matt Greller from IACT. Several students were in attendance
to help celebrate Municipal Government Week. Fourth graders present were Alice Moore and
Stefanie Masten. Tyler Archer was present representing the third grade, Tyler Wade represented
the second grade and Julie Black and Erin Elam were present representing the High School.
® Public Petitions and Comments
There were no public petitions and comments.
Department Reports
Councilor Hammer asked Street Commissioner Wright when College Street Bridge would be
complete. Commissioner Wright stated he was told depending on the weather it could be
completed the first of next week.
Councilor Roach questioned responsibility of right -of -way mowing stating there is a resident on
South Jackson Street who thinks it is the City or State's responsibility to mow the right -of -way.
Commissioner Wright stated he would talk to the property owner.
City Engineer Ron Smith stated a pre - construction meeting was held this week for the 1998
Capital Improvements Project. Councilor Masten asked about the Capital Drive project and where
it stands. City Engineer Smith stated that is a Redevelopment Project and Civil Engineering is the
engineer for that project. Councilor Masten stated the project was suppose to be completed
sometime this spring. Mayor Michael stated that a Notice to Proceed has not been signed. CT
Jones stated a Notice to Proceed was signed by the Mayor August 1997. Mayor Michael stated
the project has been held up, in part, by easement problems with the right -of -way from Marathon.
Clerk- Treasurer Jones stated since Cemetery Superintendent Robinson is at Tzouanakis directing
people to the meeting there is a request in his report that needs action by Council. The Cemetery
" h a s h i r e d R o g e r B u r c h e t t t o r e p l a c e J a c k C o f f m a n . M r . B u r c h e t t i s c u r r e n t l y e m p l o y e d a t t h e
S t r e e t D e p a r t m e n t m a k i n g $ 1 7 , 8 0 0 . 0 0 . S u p e r i n t e n d e n t R o b i n s o n h a s r e q u e s t e d M r . B u r c h e t t
r e t a i n h i s c u r r e n t s a l a r y . C T J o n e s s t a t e d s h e s p o k e w i t h S t a t e B o a r d o f A c c o u n t s a n d t h e y s a i d i t
w a s o k a y a s l o n g a s w e d o n o t e x c e e d t h e s a l a r y a l l o w e d i n t h e S a l a r y O r d i n a n c e . T h i s i s p o s s i b l e
i f M r . B u r c h e t t d o e s n o t s t a r t a t t h e C e m e t e r y u n t i l M a y 2 5 t h . M o t i o n t o a l l o w R o g e r B u r c h e t t t o
m o v e t o t h e C e m e t e r y w i t h a s a l a r y o f $ 1 7 , 8 0 0 . 0 0 w a s m a d e b y C o u n c i l o r M a s t e n , s e c o n d e d b y
C o u n c i l o r R o a c h . V o t e w a s u n a n i m o u s .
C o u n c i l o r R o a c h r e q u e s t e d t h a t c o n d e m n a t i o n p a p e r s b e p r e p a r e d f o r t h e n e x t m e e t i n g r e g a r d i n g
t h e p r o p e r t i e s o n C o l u m b i a S t r e e t a n d J o h n s o n S t r e e t .
A p p r o v a l o f M i n u t e s
C i t y A t t o r n e y T r u d y S e l v i a s t a t e d t h a t p a g e f o u r o f t h e A p r i l 1 4 t h m i n u t e s s h o u l d r e a d ,
" . . . r e q u e s t e d O r d i n a n c e 1 9 9 8 - 5 b e t a b l e d u n t i l t h e M a y 1 2 t h m e e t i n g , " i n s t e a d o f " . . . r e q u e s t e d
O r d i n a n c e 1 9 9 8 - 5 b e t a b l e d a t t h i s t i m e " .
C o u n c i l o r H a m m e r c o r r e c t e d t h e l a s t p a r a g r a p h o n p a g e o n e s t a t i n g t h e s e n t e n c e , " M r . P a r r y
s t a t e d t h a t G r e e n c a s t l e h a s b e e n a T r e e C i t y f o r s e v e n y e a r s " , s h o u l d b e d e l e t e d . T h i s i s t h e f i r s t
y e a r t h e C i t y o f G r e e n c a s t l e h a s b e e n a T r e e C i t y .
C o u n c i l o r R o a c h m a d e t h e m o t i o n t o a p p r o v e m i n u t e s f r o m A p r i l 1 4 , 1 9 9 8 , R e g u l a r S e s s i o n , w i t h
c o r r e c t i o n s , s e c o n d e d b y C o u n c i l o r M a s t e n . V o t e w a s u n a n i m o u s .
" A p p r o v a l o f C l a i m s
M o t i o n t o a p p r o v e C i t y c l a i m s m a d e b y C o u n c i l o r M a s t e n , s e c o n d e d b y C o u n c i l o r R o a c h . V o t e
w a s u n a n i m o u s .
C o u n c i l o r H a m m e r s t a t e d t h a t t h e r e w e r e f o u r e x c e l l e n t c a n d i d a t e s i n t e r v i e w e d A p r i l 3 0 t h f o r t h e
S c h o o l B o a r d A p p o i n t m e n t . C a n d i d a t e s w e r e B e c c a M o o r e , B a r b a r a B r y a n , R i c k W o o d a l l a n d
T o m B e m i s . M o t i o n t o a p p o i n t B a r b a r a B r y a n w a s m a d e b y C o u n c i l o r H a m m e r , s e c o n d e d b y
C o u n c i l o r R o a c h . V o t e w a s u n a n i m o u s .
R e s o l u t i o n 1 9 9 8 - 1 0 , A R e s o l u t i o n H o n o r i n g F i r s t C i t i z e n s B a n k , w a s r e a d b y M a y o r M i c h a e l .
C o u n c i l o r M a s t e n s t a t e d t h a t h e i s p l e a s e d t o b e h o n o r i n g F i r s t C i t i z e n s 1 3 5 t h B i r t h d a y a n d m a d e
t h e m o t i o n t o a d o p t R e s o l u t i o n 1 9 9 8 - 1 0 , s e c o n d e d b y C o u n c i l o r G r e e n . V o t e w a s u n a n i m o u s .
R e s o l u t i o n 1 9 9 8 - 1 8 , A R e s o l u t i o n A u t h o r i z i n g t h e B o a r d o f T r u s t e e s o f D e P a u w U n i v e r s i t y t o
R e g u l a t e P a r k i n g o f V e h i c l e s U n d e r t h e C u s t o d y o r C o n t r o l o f D e P a u w S t u d e n t s , w a s r e a d b y
M a y o r M i c h a e l . T h i s r e s o l u t i o n g i v e s D e P a u w S e c u r i t y t h e a u t h o r i t y t o r e g u l a t e s t u d e n t p a r k i n g
i n t h e a r e a b o u n d e d b y W a l n u t S t r e e t o n t h e n o r t h , B l o o m i n g t o n S t r e e t o n t h e e a s t , B e r r y S t r e e t
o n s o u t h a n d J a c k s o n S t r e e t o n t h e w e s t . M o t i o n t o a p p r o v e m a d e b y C o u n c i l o r R o a c h , s e c o n d e d
b y C o u n c i l o r H a m m e r . V o t e w a s u n a n i m o u s .
" O r d i n a n c e 1 9 9 8 - 5 , A n O r d i n a n c e A p p r o v i n g t h e P e t i t i o n o f D e P a u w U n i v e r s i t y t o V a c a t e P u b l i c
R i g h t - o f W a y L o c a t e d i n t h e C i t y o f G r e e n c a s t l e , P u t n a m C o u n t y , I n d i a n a , f i r s t r e a d i n g . M a y o r
Michael stated this Ordinance was tabled at the April 14th meeting at the request of DePauw.
• The Plan Commission has sent it's certification to Council. Mayor Michael further stated that in
order to keep things moving she is going to allow Council to address the Ordinance, then DePauw
and then open the floor for public comments. Attorney Selvia explained the process that needs to
be taken for vacating a street:
1. Petition presented to Council - Council passes to Plan Commission
2. Plan Commission holds public hearing within 30 days
3. Plan Commission makes a written recommendation to the Council
4. Council has two readings in Ordinance form.
Attorney Selvia continued that it will take a two - thirds vote of the elected body to override a
favorable recommendation from the Plan Commission and Attornev Selvia feels the Council needs
to have two readings. Councilor Roach stated past practice has been that Plan Commission was
first reading and the Council was second reading. Does past practice have any ruling? Attorney
Selvia stated she feels we need to be in compliance with Indiana Code and this brings us within the
law. Councilor Roach asked if this puts undue stress on DePauw that has not been placed on
others. Attorney Selvia stated that she does not believe it does. Councilor Roach asked if DePauw
would waive any appeals at this time. DePauw Attorney Miller stated he feels it is better to have
two readings at the Council level.
Attorney Selvia stated that Councilor Masten has approached her regarding a conflict of interest.
Councilor Masten stated that he has to make known his financial interest with DePauw which
includes a substantial amount of work through his business and his wife works part-time at the
student health services and hopes to be hired full -time. Councilor Masten stated that he takes the
• Code seriously. Attorney Selvia stated Section 10 -13(f) of the City Code states that if a person has
any direct or indirect financial interest they must disqualify themselves from voting. Councilor
Masten has such interests and therefore is disqualified and abstains from voting on this Ordinance.
Councilor Roach started the discussion stating the issue of closing College Street has brought
manv items to the table, some are related and some are not related to the street closing. We have
to lay aside the animosity of the past and proceed forward. The Plan Commission has done their
homework and have addressed the issues that come before their board and looked at how this will
effect the plan. What comes to Council, Councilor Roach continued, is entrusted by the voters to
do what is best for the citizens and sometimes that works into the Plan and sometimes it doesn't. A
street is a Citv asset and should not be given up lightly. The City has closed streets before not only
for DePauw, but for others also. Compensation has not been asked for from others. The asset the
citizens look at is the availability of the street to use to travel to and from. Many constituents are
opposed to closing College Street and Councilor Roach stated he will not support it.
Councilor Hammer stated you have to do what's right for the City. There will be hard feelings no
matter which way we go, but hopefully they will be short lived.. We have to consider the
relationship between the University and the City and look at the long term effects of this action
over the next 2 years, 10 years and 20 years down the road. Councilor Roach stated that this
should not be looked at as a City vs. DePauw issue. This is one issue and there will be more.
Councilor Hammer stated that compensation is not precedent setting and was not required.
• DePauw made the offer to the city for the loss of a City asset.
Dr. Robert Bottoms, President of DePauw, stated there is much concern regarding parking spaces.
• By closing College Street there would be a loss of approximately 30 -35 parking spaces, but a gain
of approximately 42 parking spaces will be created on Anderson Street. "Why did we ask for
this ? ", Dr. Bottoms asked. We compete with other campuses for students and we want to have
more of a pedestrian college and create green spaces. Dr. Bottoms stated that he feels there are
two issues here. One being the compensation for the loss of a City asset and two being parking
issues. Dr. Bottoms stated that he is concerned about the relationship between the City and the
University. We appreciate the services of the City and we have contributed to the Hummer and
IRIS Helmet for the fire department. Our employees do pay taxes and we feel we contribute
substantially to the City. Dr. Bottoms continued that he feels there is good interaction between the
City and the University and when this plan was put together this portion of the street was not
considered an essential street. Dr. Bottoms asked for the Council's support in making a nice park
in the center of campus. We have initiated a parking plan and are making long rang plans for
parking in the future. Councilor Hammer asked if there is enough parking for student, faculty and
staff at this point. Mr. Dixon replied there is. Mr. Dixon continued that 42 parking spaces will be
created on Anderson Street with diagonal parking. DePauw will take down the faculty house on
Hanna Street and create another 11 spaces and 6 other spaces will be created at Gobin by summer.
This is a net gain of 25 parking spaces and all of this will be done prior to the street being closed
and in addition to Resolution 1998 -18, which was passed tonight addressing student parking. Dr.
Bottoms stated that DePauw has passed a Resolution to grow academically as opposed to growing
in population.
• Mayor Michael opened the floor for public comments. Norm Crampton stated that he is an
Anderson Street resident and will have to compete with students for parking in this area when the
new parking is instituted. Mr. Crampton stated that the trade off for green spaces vs. parking
spaces is well worth it and urges the Council to support the closing of College Street. Ernie Ford
stated that communication between the University and citizens needs to be improved. These issues
can be worked out if DePauw would communicate with the community. Motion to waive
reading of Ordinance 1998 -5, made by Councilor Roach, seconded by Councilor Hammer. Vote
as follows: Councilor Roach, "aye ", Councilor Hammer, "aye" and Councilor Green, "aye ".
Councilor Masten abstained. Councilor Roach made the motion to deny Ordinance 1998 -5 and
override the recommendation of the Plan Commission, seconded by Councilor Green. Vote as
follows:
Councilor Roach, "aye"
Councilor Hammer "nay"
Councilor Green "aye"
Councilor Masten abstained
Ordinance 1998 -5 passes on first reading.
A short recess was taken and the meeting resumed at 9:45 p.m.
Ordinance 1998 -3, An Ordinance Amending Sections 10 -14 and 10 -15 of the Greencastle Code,
second reading, motion to approve made by Councilor Hammer, seconded by Councilor Green.
Vote was unanimous. This Ordinance eliminates the two - thirds vote to override a Plan
Commission recommendation. Attorney Selvia stated the College Street issue is the last issue that
will be effected by the two - thirds vote. Councilor Masten asked Attorney Selvia to codify the
" p r o c e d u r e . A t t o r n e y S e l v i a w i l l d r a f t S e c t i o n 1 0 - 1 6 t o c l a r i f y t h e p r o c e d u r e a n d a d d t o t h e C i t y
C o d e .
O r d i n a n c e 1 9 9 8 - 4 , A n O r d i n a n c e E s t a b l i s h i n g a F i x e d A s s e t C a p i t a l i z a t i o n P o l i c y , s e c o n d
r e a d i n g . M o t i o n t o a p p r o v e m a d e b y C o u n c i l o r R o a c h , s e c o n d e d b y C o u n c i l o r M a s t e n . V o t e
w a s u n a n i m o u s .
O r d i n a n c e 1 9 9 8 - 7 , A n O r d i n a n c e A m e n d i n g S e c t i o n 8 - 4 5 a n d 8 - 4 7 o f t h e G r e e n c a s t l e C i t y
C o d e , a n d D e l e t i n g S e c t i o n 8 - 4 2 , S e c t i o n 8 - 4 J , S e c t i o n 8 - 4 4 a n d 8 - 4 6 o f t h e G r e e n c a s t l e C i t y
C o d e , f i r s t r e a d i n g . A t t o r n e y S e l v i a s t a t e d t h a t C o u n c i l r e q u e s t e d t h i s O r d i n a n c e t o c h a n g e
S e c t i o n 8 - 4 5 f r o m a m e t e r z o n e t o a s c h e d u l e o f l e a s e d p a r k i n g s p a c e s . T h e f e e s a r e s p e l l e d o u t i n
S e c t i o n 8 - 4 7 o f t h e C o d e . S h a w n B o y c e , B u s i n e s s M a n a g e r f o r t h e B a n n e r G r a p h i c , e x p r e s s e d
c o n c e r n a b o u t t h e 1 5 m o t o r r o u t e c a r r i e r s t h a t p i c k u p p a p e r s e v e r y d a y f r o m 1 2 : 0 0 t o L J 0 p . m .
M r . B o y c e ' s m a j o r c o n c e r n i s f o r a l o a d i n g z o n e a n d s t a t e d t h e r e i s a l o t o f i n t e r c h a n g e i n t h e l o t
w h e n p e o p l e g o t o l u n c h o t h e r s p a r k i n t h o s e s p o t s t o r u n e r r a n d s d o w n t o w n . T o h a v e t h o s e
s p o t s d e s i g n a t e d t o a s e l e c t f e w w o u l d b e a s u b s t a n t i a l l o s s t o t h e d o w n t o w n . W h y n o t c o n s i d e r
m a k i n g i t a t w o h o u r l o t a n d e n f o r c e t h e t w o h o u r l i m i t q u e s t i o n e d M r . B o y c e . C o u n c i l o r R o a c h
s t a t e d t h e s a m e i s s u e w a s b r o u g h t u p a t t h e M a i n s t r e e t m e e t i n g . T h e y c o u l d s e e r e m o v i n g t h e
m e t e r s b e c a u s e o f t h e c o s t , b u t a s k e d a b o u t i t b e i n g a t w o h o u r l o t . C o u n c i l o r M a s t e n s t a t e d t h a t
l o n g t e r m p a r k i n g n e e d s t o b e a d d r e s s e d . M r . B o y c e r e q u e s t e d t h a t t h e e i g h t s p o t s n e x t t o t h e
b u i l d i n g b e d e s i g n a t e d a s a l o a d i n g z o n e . E r i c B e r n s e e s t a t e d t h a t a Z o n i n g V a r i a n c e w a s g r a n t e d
w h e n t h e b u i l d i n g w a s b u i l t i n 1 9 7 7 d u e t o t h e l o t b e i n g a t t a c h e d t o t h e b u i l d i n g . C o u n c i l
" r e q u e s t e d C l e r k - T r e a s u r e r J o n e s c h e c k i n t o m i n u t e s t o s e e i f t h e r e i s a n y i n f o r m a t i o n a v a i l a b l e .
M o t i o n t o a p p r o v e O r d i n a n c e 1 9 9 8 - 7 , f i r s t r e a d i n g w i t h t h e a d d i t i o n o f t h e l e a s e d s p o t s h a v i n g a
t i m e l i m i t o f 6 : 0 0 a . m . t o 6 : 0 0 p . m . w a s m a d e b y C o u n c i l o r R o a c h , s e c o n d e d b y C o u n c i l o r
H a m m e r . V o t e w a s u n a n i m o u s .
R e s o l u t i o n 1 9 9 8 - 1 7 , A R e s o l u t i o n A u t h o r i z i n g T r a n s f e r o f A p p r o p r i a t i o n i n t h e 1 9 9 8 C e m e t e r y
B u d g e t o f t h e C i t y o f G r e e n c a s t l e , w a s r e a d b y M a y o r M i c h a e l . M o t i o n t o a p p r o v e m a d e b y
C o u n c i l o r H a m m e r , s e c o n d e d b y C o u n c i l o r M a s t e n . V o t e w a s u n a n i m o u s .
P e r c y S n y d e r f r o m O p p o r t u n i t y H o u s i n g w a s p r e s e n t t o r e q u e s t c l o s i n g t h e r i g h t - o f - w a y o n t h e
E a s t s i d e o f B a d g e r P a r k S u b d i v i s i o n . M r . S n y d e r e x p l a i n e d t h i s i s a 2 5 f o o t r i g h t - o f - w a y o n W e s t
J a c o b S t r e e t . M o t i o n t o s e n d t o P l a n C o m m i s s i o n w a s m a d e b y C o u n c i l o r H a m m e r , s e c o n d e d b y
C o u n c i l o r R o a c h . V o t e w a s u n a n i m o u s .
L l o y d M o o r e w a s p r e s e n t t o r e q u e s t v a c a t i o n o f a n a l l e y w a y o n E a s t S t r e e t b e h i n d h i s r e s i d e n c e .
M r . M o o r e s t a t e d t h e r e i s a f e n c e a c r o s s t h e a l l e y a n d a n o l d t r u c k p a r k e d i n t h e m i d d l e m a k i n g i t
u n u s a b l e a s i s . M o t i o n t o s e n d t o P l a n C o m m i s s i o n m a d e b y C o u n c i l o r M a s t e n , s e c o n d e d b y
C o u n c i l o r H a m m e r . V o t e w a s u n a n i m o u s .
K e n D e c k e r f r o m t h e C l e a n C i t y C o m m i t t e e a n d M a y o r M i c h a e l d i s c u s s e d t h e n e e d t o r e b i d t h e
t r a s h c o n t r a c t . R e f u s e H a n d l i n g h a s t o l d t h e M a y o r t h e y u n d e r b i d t h e c u r r e n t c o n t a c t a n d w i l l
r a i s e t h e p r i c e n e x t y e a r . C o u n c i l o r M a s t e n s t a t e d h e f e e l s w e h a v e a g o o d p a c k a g e a n d w o u l d l i k e
" t h e s a m e w i t h t h e f o l l o w i n g a d d e n d u m s : 1 ) p r i c i n g f o r t w o a n d t h r e e b a g l i m i t s ; 2 ) o n e a n d t h r e e
y e a r o p t i o n s a n d , J ) f l a t r a t e a n d v o l u m e p r i c i n g .
George Murphey gave a presentation of a proposed Water Department budget which includes
• capital expenses and planning for these expenses over the next ten years. With the needs of the
department and revenues down, Mr. Murphey proposed a 9% increase in water rates to cover
expenses. Councilor Hammer stated that less than one year ago the Council voted to opt out of
the IURC and was told the water department was in good shape and would not need an increase
for approximately five years. Mr. Murphey stated that we either don't do the things that need to be
done or we have to raise rates to meet expenditures. Councilor Masten expressed disgust in how
we got from here to there. There was a 53% increase less than 3 years ago, continued Councilor
Masten, and it should have been more, but was cut back. Councilor Masten and Councilor
Hammer were designated to work with the Board of Works on this issue.
Motion to adjourn made by Councilor Roach, seconded by Councilor Hammer. Vote was
unanimous.
c
ancy A. ichael, Mayor
ATT,1?S,T: I
Pamela S. Jones, Clerk-
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