HomeMy Public PortalAbout6/09/1998City of Greencastle
® City Hall
Four East Walnut Street
Greencastle, Indiana 46135
Pamela S. Jones
Clerk - Treasurer
GREENCASTLE COMMON COUNCIL
REGULAR SESSION
TUESDAY, NNE 9, 1998 7:00 P.M. PUTNAM COUNTY LIBRARY
The Greencastle Common Council met in Regular Session Tuesday, June 9, 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,
Councilor Baynard and Councilor Masten. Also present was: City Attorney Trudy Selvia.
Public Petitions and Comments
There were no Public Petitions or Comments.
Department Reports
Fire Chief O'Hair reYortcd the Fire Deparnnent now has ten reserves.
® Police Chief Wood reported the new Parking Violations Officer, Velda Goad, started Monday.
Chief Wood further reported the new repeater purchased by the Township Trustee will be installed
soon.
City Attorney Selvia stated Judge Lowe has pledged his support in helping to enforce parking
tickets.
Street Commissioner Wright reported the sidewalk and drainage projects have been started and
moving along and the mess behind the Pizza Hut is being cleaned up.
Engineer Smith reported the 1998 Capital Improvements Project is up and running and he has
worked on one of the two 231 intersections and has been in touch with INDOT regarding these
projects.
Building Inspector Bernie Wahl reported 132 permits have been issued to date. Councilor
Baynard asked about the house on College and Berry Street stating he asked about it two months
ago. Inspector Wahl stated he turned it over to the Putnam County Board of Health. Councilor
Baynard stated it would be nice to see the place cleaned up and asked if there was anything else
that could be done. Councilor Baynard presented pictures of the yard. Attorney Selvia stated a
letter can be sent and the property owners can be fined or the City can clean up and bill the
property owners. Mayor Michael asked if she could keep the pictures and proposed taking Chief
Wood with her to talk to the property owners.
Approval of Minutes
• Motion to approve minutes from April 30, 1998 Executive Session, May 12, 1998 Regular
Session, May 14, 1998 Executive Session and May 19, 1998 Special Session, made by Councilor
Roach, seconded by Councilor Masten. Vote was unanimous.
General Business
Motion to approve City claims made by Councilor Masten, seconded by Councilor Baynard. Vote
was unanimous.
Mainstreet President Zaida Benassi was present to request street closings in the downtown area on
August 25, 1998 as part of a DePauw Freshman familiarization of downtown Greencastle. The
street closings and parking restrictions requested are as follows: the closing of Indiana Street
between Washington and Franklin from 4:00 p.m. until midnight, and parking restricted while the
street is closed beginning at 4:00 p.m., restricted parking in the first five parking spaces on the east
side of Indiana Street directly in front of Goodwill beginning at noon on Tuesday, August 25, to
allow DePauw Food Service to set up their grills. Goodwill has been contacted and is not opposed
to those spaces being blocked. Motion to approve street closing as requested made by Councilor
Roach, seconded by Councilor Masten, vote was unanimous.
Ordinance 1998 -5, An Ordinance Approving the Petition of DePauw University to Vacate Public
• Right -of -Way Located in the City of Greencastle , second reading. Mayor Michael asked
DePauw to summarize issues from the last meeting. President Bottoms stated that parking was the
biggest issue. There will be more parking spaces if this ordinance is passed than there is currently
on the portion of College Street they are requesting be closed. President Bottom also stated that
parking space construction will begin on Hanna Street and Anderson Street as soon as the
ordinance is passed. The second issue, President Bottom continued, was the size of the "gift" to
the City. This has been increased from $15,000.00 to $100,000.00, payable as soon as the
ordinance is approved. President Bottom also reminded the Council and audience that the
comprehensive long range plan does not consider College Street an essential street. President
Bottom stated that if this ordinance passes he feels we all win - DePauw gets a beautiful campus
arid the City wins with $100,000.00 without restrictions on how to spend it.
Mayor Michael asked about the Professor concerned about handicap parking and asked if this
issue had been addressed. Mr. Dixon stated the Professor is satisfied with the two handicap spaces
on Larabee and one on College Street off Simpson Street.
Councilor Hammer stated that until yesterday he has had no feedback regarding this issue. Last
night he received two calls against closing the street, but nothing to make him change his mind and
he feels parking on campus will be better than its ever been.
Councilor Baynard stated he has talked with a lot of people and the one thing he keeps getting are
the parking issues, but he feels the Resolution passed at the May meeting will take care of those
• issues. Councilor Baynard stated he has also found many citizens have a distrust for the University
and do not believe they will enforce this Resolution. Councilor Baynard asked City Attorney
® Selvia if there is anything the City can do to make sure DePauw is enforcing the Resolution?
Attorney Selvia responded that if they do not enforce the City can rescind the Resolution and take
back the power to enforce parking issues. Mark Freeman, Chief of DePauw Security, stated he is
committed to enforcing the Resolution. The way the statute reads, we could not go on side streets
to ticket students until the Resolution was passed.
Laura Jean Wilson suggested DePauw report monthly to the Council as other departments do and
then we will know if they are issuing tickets or not.
Councilor Baynard asked how committed the University is to enforcing parking in the
neighborhood and if they were going to enforce it from here on out. President Bottom stated they
now have the ability to enforce it and it is in their best interest. Mayor Michael stated that if a
student lives in an apartment or house off campus they would have a designated spot to park.
Matt O'Neal, Walden Inn, stated he feels the Walden Inn will be effected most by the parking issue
and he feels the beautification is more important.
Councilor Roach stated DePauw states they have a vested interest, but parking is not a new
problem - closing College Street has made it a vested interest and Mr. Dixon stated at the last
meeting the improvements would not be made unless College Street is closed. Councilor Roach
asked President Bottom if DePauw would be willing to sell a grassy strip of land for $100,000.00
if the City wanted to build a street? Councilor Roach continued that the City appreciates the help
with the IRIS Helmet and Hummer, but in 1997 there were 81 fire runs made to DePauw which
amount to approximately $28,700.00 on fire protection for DePauw. The decision to close
College Street in the Plan Commission was made by a 6 -3 vote and that vote is questionable. It
could be decided by one or two votes, but the Council must have a 2 /3rds vote to override.
® Mary Ann Trapp displayed a map showing houses and businesses that have been tom down by
DePauw and stated that DePauw's focus changes depending on who's president and who is serving
on the board of trustees. DePauw's focus now is to make a beautiful campus park. They had a
beautiful park and put the Union Building on the comer against many alumni who did not want it
there. The City gave DePauw Chestnut Street. Mary Ann Trapp also stated there are two
challenges on the Plan Commission vote due to conflict of interest with DePauw.
Laura Jean Wilson suggested DePauw completing the parking areas and block the street to see
how it will work, but delay closing the street. DePauw has Bowman Park - how many parks do
they need, Ms. Wilson questioned.
Zaida Benassi stated DePauw did have enforced parking years ago, but were legally unable to
enforce it. Yes, the focus does change to do what's best and to create a better way of life.
Councilor Baynard stated that parking is the biggest concern. Originally I voted against this closing
in the Plan Commission, Councilor Baynard continued, I didn't feel everything was on the table.
Now I do. If the City gives up a street, they need something in return and if the City receives
$100,000.00 for closing the street the money could be used to give back to the residents of the
City. Many of my constituents have changed their minds and called me to say it was ok for the
street to be closed.
Councilor Hammer made the motion to adopt Ordinance 1998 -5, seconded by Councilor Green.
Vote was as follows:
11
® Councilor Roach nay
Councilor Hammer yes
Councilor Green yes
Councilor Baynard yes
Councilor Masten abstain
Ordinance 1998 -5 passes on second reading.
Emily Nichols, Executive Director of West Central Solid Waste District, presented a Fact Sheet to
Councilmembers and explained what the WCSWD is about and how they operate.
Ordinance 1998 -7, An Ordinance Amending Section 8 -45 and 8 -47 of the Greencastle City
Code, and Deleting Section 8 -42, Section 843, Section 8 -44 and 846 of the Greencastle City
Code, second reading. Attorney Selvia stated the time limit requested has been added in Section
8 -47 (b) 3. Mayor Michael stated she has talked with Shawn Boyce and Steve Hendershot of the
Banner Graphic and they are committed to leasing five spaces. This Ordinance will take effect
August 1, 1998. Councilor Roach moved adoption of Ordinance 1998 -7 with the Banner
Graphic having first rights and refusal, seconded by Councilor Hammer. Vote was unanimous.
DePauw University submitted a request for relocation of two handicap spaces originally on Locust
Street in front of the Union Building. With remodeling of the Union Building DePauw is
requesting the spots be relocated with one being at the north end of the new circular drive and one
at the south end of the circular drive. Councilor Roach directed Attorney Selvia to prepare an
Ordinance to amend the handicap spots and bring to Council.
Ordinance 1998 -8, An Ordinance Vacating Right -of -Way, first reading. This petition has gone
before the Plan Commission and the certification is attached. Mr. Percy Snyder, Opportunity
Housing, stated there will remain an easement for City utilities. Councilor Roach made the motion
to waive the reading of Ordinance 1998 -8, seconded by Councilor Hammer. Vote was
unanimous. Motion to adopt Ordinance 1998 -8 was made by Councilor Roach, seconded by
Councilor Baynard. a Vote was unanimous.
Ordinance 1998 -9, An Ordinance Creating Sections 5 -58 and 5 -59 of the Greencastle City Code,
first reading, read by Mayor Michael. This allows a $15.00 fine to be assessed to those who park
in the grass at the Park or those who Improperly Use the Tennis Courts. Councilor Baynard stated
he has a problem with this Ordinance because it seems to bypass incremental steps and goes right
for the jugular. Motion to adopt Ordinance 1998 -9, first reading, made by Councilor Hammer,
seconded by Councilor Roach. Votes as follows:
Councilor Roach
yes
Councilor Hammer
yes
Councilor Green
yes
Councilor Baynard
nay
Councilor Masten
yes
® Ordinance 1998 -9 passes on first reading.
��J
G r e e n c a s t l e a n d t h e T o w n o f F i l l m o r e f o r S u p p l y o f P o t a b l e W a t e r . M o t i o n t o w a i v e r e a d i n g
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 G r e e n . 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 M a s t e n s t a t e d t h e s i z e a n d m a t e r i a l o f t h e p i p e h a s b e e n c h a n g e d t o s a v e F i l l m o r e
m o n e y a n d h e h a s c o n c e r n w i t h u s i n g p l a s t i c o v e r i r o n . T h e c o n c e r n i s n o t j u s t t h e c o s t , b u t t h e
r a t e o f r e t u r n a n d t h e C i t y w o u l d n o t a l l o w p l a s t i c p i p e t o b e u s e d i f t h e C i t y o w n e d t h e l i n e . T h e
C i t y w i l l b e r e s p o n s i b l e f o r a n y r e p a i r s t o t h e l i n e w i t h r e i m b u r s e m e n t f o r c o s t b e i n g m a d e b y
F i l l m o r e . S h o u l d w e i n s i s t o n d u c t i l e i r o n , C o u n c i l o r M a s t e n q u e s t i o n e d . F i l l m o r e A t t o r n e y J o h n
Z e i n e r s t a t e d t h e a g r e e m e n t s s t a t e s t h a t F i l l m o r e w i l l p a y f o r e x p e n s e s , b u t i t d o e s n ' t s a y w h a t i s
i n c l u d e d t o b e r e i m b u r s e d . C o u n c i l o r M a s t e n a s k e d a b o u t w a t e r l o s s u p s i d e o f o u r m e t e r .
C o u n c i l o r R o a c h s t a t e d t h i s i s t h e f i r s t t i m e t h e C o u n c i l h a s h a d t o d i s c u s s t h i s i s s u e a n d w h a t t h e
d i f f e r e n c e b e t w e e n p l a s t i c a n d i r o n p i p e m e a n s t o t h e C i t y a n d d i s c u s s w h a t w e w o u l d n o r m a l l y
u s e . A t t o r n e y Z e i n e r s t a t e d t h e r e i s a d i f f e r e n c e o f $ 9 , 2 7 4 . 0 0 b e t w e e n p l a s t i c a n d i r o n . C o u n c i l o r
M a s t e n s t a t e d t h i s s t a r t e d o u t a s a 1 2 i n c h d u c t i l e i r o n p i p e a n d h a s b e e n r e d u c e d t o a e i g h t i n c h
p l a s t i c l i n e . C i t y E n g i n e e r S m i t h s t a t e d t h i s h a s n o w b e c o m e a d e d i c a t e d s u p p l y l i n e t o F i l l m o r e i n
w h i c h n o i n d u s t r i a l u s e r w i l l b e a b l e t o h o o k o n t o f o r u s e i n t h e S g t . C u n n i n g h a m a r e a . C o u n c i l o r
M a s t e n s t a t e d h e j u s t w a n t s t o b e s u r e t h e C i t y i s p r o t e c t e d a n d a c k n o w l e d g e d t h e r a t e d , c h a r g e s
a n d m e t h o d o f e s t i m a t i n g w a t e r l o s s n e e d s t o b e i n c l u d e d i n t h e c o n t r a c t s o e v e r y o n e k n o w s u p
f r o n t w h a t w i l l o r w i l l n o t b e r e i m b u r s e d . C o u n c i l o r R o a c h s t a t e d a s e c t i o n s h o u l d b e a d d e d s t a t i n g
t h i s s h a l l b e p a i d a t a r a t e s c h e d u l e a s a p p r o v e d b y t h e B o a r d o f W o r k s . A t t o r n e y Z e i n e r
r e p h r a s e d a s " . . . e s t a b l i s h e d r a t e s a n d c h a r g e s i n c l u d i n g w a t e r l o s s a s a p p r o v e d . . . . " C o u n c i l o r
H a m m e r r e c o m m e n d e d t h a t n u m b e r 3 s t a t e " . . . e s t a b l i s h e d r a t e s a n d c h a r g e s i n c l u d i n g m e t h o d o f
w a t e r l o s s a n d e q u i p m e n t . . . " . M o t i o n t o a p p r o v e R e s o l u t i o n 1 9 9 8 - 2 2 a s a m e n d e d 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 G r e e n . 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 h a n d e d o u t a d r a f t o f a n O r d i n a n c e a l l o w i n g t h e C i t y t o r e c o u p f i r e r u n c o s t s a n d
a s k e d C i t y A t t o r n e y S e l v i a t o b r i n g b a c k i n a f o r m f o r C o u n c i l t o a d o p t .
C T J o n e s i n f o r m e d C o u n c i l a S p e c i a l M e e t i n g n e e d s t o b e s e t f o r A u g u s t 2 6 , 5 : 0 0 p . m . f o r
P r o p e r t y a n d C a s u a l t y I n s u r a n c e b i d t a b u l a t i o n s a n d i n f o r m a t i o n a n d t o m a k e a d e c i s i o n o n
c o v e r a g e a n d a g e n t ( s ) .
B e i n g n o f u r t h e r b u s i n e s s C o u n c i l o r H a m m e r m a d e t h e m o t i o n t o a d j o u r 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 .
A T T E S T :
P a m e l a S . J o n e s , C l r - e a s u r e r
N a n c y A . I i c h a e l , M a y o r
C 1