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HomeMy Public PortalAbout10/08/1996" City of Greencastle City Hall Four East Walnut Street Greencastle, Indiana 46135 GREENCAS Pamela S. Jones Clerk- Treasurer COUNCIL REGULAR SESSION TUESDAY, OCTOBER 8, 1996 7:30 P.M. TZOUANAKIS INTERMEDIATE The Greencastle Common Council met in regular session Tuesday. October 8, 1996, 7:30 p.m. at Tzouanakis Intermediate. Mayor Michael called the meeting to order. On the Roll Call, the following were found to be present: Councilor Roach, Councilor Hammer, Councilor Baynard and Councilor Masten. Councilor Green was absent. Also present was City Attorney John Zeiner. Mayor Michael led the Pledge of Allegiance. Public Petitions and Comments " Kelly and Ronald Lawrence requested that the curb north of their driveway on South Indiana be painted yellow. Ms. Lawrence explained that South Indiana Street is narrow and with cars parked on the West side it is very difficult to back out of their driveway. NIs. Lawrence showed Council a videotape to show the difficulty they encounter trying to back out of their driveway. Councilor Bavnard stated that he has talked to neighbors in the area and they have no problem with the curb being painted yellow. Ms. Lawrence presented to Council signatures and a letter from neighbors stating that they do not oppose the painting of the curb. Councilor Roach requested that Street Commissioner Wright and City Engineer Chris Barnes look at the situation and see if there are any alternatives. Ms. Lawrence asked the Council if the speed limit on South Indiana could be lowered. Ms. Lawrence feels that 30 MPH is too fast for a one -wav street with children playing. Engineer Barnes stated that 30 MPH is state regulatory speed limit for residential streets. A speed study would have to be done to increase or decrease speed limit and normally on a one -way street as this, the speed limit would increase instead of decrease. Patti Harmless, representing the Putnam County PIE Coalition, requested permission for the Middle School Students to tie red ribbons around lamp posts in he downtown area from October 23rd to October 31 st. The Drug Free Club will put the ribbons up and Ms. Harmless will take them down. This request was approved by consensus of the council. Leslie Hansen on behalf of the Downtown Merchants requested the Council pass an Ordinance declaring no parking on certain nights so that the Street Department can thoroughly clean the street in the downtown area. Ms. Hansen stated that residents that live in the downtown area do park on the square at night and it is impossible for the Street Department to thoroughly clean the area. Street Commissioner Wright stated that his department cleans the downtown streets on Wednesday and Thursday. Jim will get parameters and City Attorney Zeiner is to write an Ordinance for the November meeting. " Department Reports Engineer Barnes reported the ISTEA enhancement project is moving along. Curbs and sidewalks on Avenue D are complete and the workers should move to Wood Street on Wednesday. Engineer Barnes also reported that street resurfacing should begin this week. Councilor Masten asked Engineer Barnes what the remainder of First Street extension would be after Auto Zone does the 162 feet they have agreed to do. Engineer Barnes replied, "approximately 260 feet." Councilor Baynard questioned how the Airport was progressing. Engineer Barnes stated that the airport is operational, but there is still work to be done and there is still clean up to be done from the spill. Councilor Hammer asked about the Albin Pond Culvert bids. Engineer Barnes stated that the County Commissioners awarded the bid to T.C. Incorporated for 521,499.00. This is to be paid 60 °'o County Funds and 40% City Funds. Works should begin in approximately three weeks. Councilor Roach asked if Engineer Barnes had discussed the concems regarding Albin Pond road with residents. Engineer Barnes stated that he has talked with the residents and Mr. Rile was to get notices out for them to meet with the residents. Councilor Hammer asked if the two lots on Martinsville Street had been cleaned up as requested by Jeff King at the September meeting. Jim Wright reported that the property owner of one of • the lots has started cleaning it up, but he has not been able to contact the owner(s) of the second lot. Fire Chief O'Hair was absent. Police Chief Jack Hanlon recommended that Council approve Trick or Treating for Thursday, October 31, 1996 from 6:00 p.m. to 9:00 p.m. This recommendation was approve by consensus of Council. Councilor Roach thanked Chief Hanlon for the report on parking tickets. Building Commissioner Donche Andonov gave his report and invited Council to get in touch with him to discuss any questions or problems. Street Commissioner Jim Wright stated that fall leaf pick up will start Monday. The leaf routes will follow the trash routes. Park Director Curt Cooley reported to Council that the new drinking fountains will be installed within the next week. Part-time workers will be working at the park until October 31. Councilor Roach asked if the work sheds have been painted or if they are scheduled to be painted this year? Director Cooley stated that he had not planned it this year, but will work on getting that done. Council Roach stated that this is something they discussed at the retreat and feels it would make a much better appearance if they were painted. • Councilor Roach asked Cemetery Superintendent Randy Robinson if trading mowers has worked out. Superintendent Robinson stated that he is waiting to complete mowing season. Water Superintendent Leon Phillips reported the new plant is coming along well. Wastewater Superintendent Charlene Nichols had no additions to her report. Approval of Minutes Councilor Roach corrected minutes from the September 10, 1996 regular session as follows: Ordinance 1996 -15 passed with a unanimous vote. Mayor Michael corrected minutes from the September 10, 1996 regular session as follows: Christina iMulby should be Molby. With those corrections, Councilor Roach made a motion to accept the minutes as corrected, seconded by Councilor Hammer. Vote was unanimous. General Business Clerk - Treasurer Jones requested a special meeting to approve claims. The computer program in the Clerk's office was updated last week and it will not allow updating or printing a docket at this time. Keystone has been called to correct the problem. A special meeting was set for Tuesday, October 15, 1996, 4:00 p.m. at the Street Department for approval of claims and an Executive Session was set to follow this meeting. Councilmembers were presented with a recommendation from CACFID regarding a bid brought to them this morning from DBX Engineering Corporation to purchase 4,35 acres of the Sgt. Cunningham property. Mayor Michael read Resolution 1996 -28, A Resolution Authorizing the sale of 4.35 acres of Sgt. Cunningham property, in its entirety. Councilor Roach made a motion to adopt Resolution 1996 -28, seconded by Councilor Baynard. Vote was unanimous. Thelma Bumgardner requested the north and east side of the square to be closed on Mondav, November 11, 1996 for a Veteran's Day Celebration. Councilor Masten made a motion to allow the closing, seconded by Councilor Hammer. Vote was unanimous. DePauw Student Andy Stanley requested street closings for the Old Gold parade on Saturday, October 19 from approximately 1'.15 pm to 2:00 pm. DePauw Security Director Doug Cox stated that his initial three day request to close Olive Street from Indiana to the entrance of the Freshman parking lot has been modified. Director Cox is now requesting that they be allowed to close periodically, as necessary, for loading and unloading for the many activities at the Lilly Center. Councilor Roach asked how it was going to be handled when the parade crosses Indiana and Jackson Street, temporary stopping as floats cross, or stopped until all floats are across. Director Cox stated that City Police will be assisting along with professional traffic directing. Once the parade is beyond a certain point the streets will be reopened - they will not be closed for the entire parade time. Councilor Baynard made the motion to allow, seconded by Councilor Masten. Vote was unanimous. Ordinance 1996 -9, An Ordinance Amending The Code of the City of Greencastle, Indiana, and • Establishing a Special Non - Reverting Capital Fund and a Special Non - Reverting Operating Fund for the department of Parks and Recreation, second reading. Councilor Hammer stated that a " few revisions have been made to make the presentation clearer. Some of the changes include: Section l: Non - Reverting Capital - now reads : There is hereby established a special non- reverting capital fund created for the purpose of acquiring land or making improvements for parks and recreation purposes from which expenditures may be made upon recommendation of the Park Board and approval of the Council. Before it read:.... by appropriation by the Council. Prior Ordinance was to be in full force and effect upon passage the revised one was changed to be in full force and effect January 1, 1997. Councilor Roach stated that it does look cleaner and easier to read. Councilor Roach made the motion to table Ordinance 1996 -9, seconded by Councilor Masten. Vote was unanimous. Ordinance 1996 -14, An ordinance Amending Ordinance 1992 -5, "An Ordinance To Amend Chapter 420 Greencastle Volunteer Fire Force, second reading. Councilor Roach stated that the enacting date needs to be changed to January 1, 1997, City Attorney Zeiner to amend. Councilor Masten made the motion to accept Ordinance 1996 -14 with amendment, seconded by Councilor Hammer. Vote was unanimous with Councilor Roach abstaining. Resolution 1996 -24, A Resolution Creating Professional Services Appropriation in Engineering Budget and Transfer to said Appropriation. Mayor Michael stated that the Proposal to Update " and Revise Zoning Ordinances was taken before the Plan Commission. The Ordinances have not been updated since 1978 -1980. Mayor requesting to allocate portion of Building Commissioner/Planner salary to update Ordinances. Mayor Michael told the Council that this is not new money, it is money not spent in 1996 for the Planner salary. The contract for this proposal is to go before the Board of Works on October 16, 1996. Councilor Masten passed out minutes from May and July 1995 Plan Commission meetings stating that he believes the impression given when the Building Commissioner and Planner were merged into one salary that these functions were part of the Planner's job. Councilor Masten continued that when these jobs were merged that the City Planner would work with the County Planner, the Plan Commission Attorney and possibly Ball State Department of Planning to get this job done. Councilor Masten stated that he is opposed to spending the 510,000.00 on this proposal and that other options should be looked at. Just because the money is there doesn't mean we have to spend it. Councilor Roach asked Building Commissioner /City Planner Donche Andonov if there is anything in the Proposal that he cannot do. BC /PC Andonov stated that he could not update the Zoning Ordinance without professional help. This is a tremendous undertaking and professional help is needed. Talk to other communities and Ball State to see what it takes to do this. Councilor Masten stated that we need to update the Ordinances, not reinvent the wheel. Councilor Hammer asked if with everyone in the City and County working together, feels in house is best and have Attorney Larry Wilson advise, possibly on a hourly rate. BC/PC Andonov stated that cooperation with the County is good, but the City and County have different needs and uses. Councilor Baynard asked City Attorney Zeiner when the last document was done and who wrote it? Attorney Zeiner replied that possibly Jerry Calbert or Rob Bremer may have done " the basic document, but part of it was from years before. Attorney Zeiner stated that the BZA Attorney cannot do this without additional compensation - how much time and money will that " cost? There probably won't be much difference. Councilor Masten replied that you don't know if you only have one proposal - two to three proposals would give a better idea. Attorney Zeiner stated that he feel Attorney Larry Wilson is very knowledgeable about the City's Zoning Ordinances and could accelerate the time frame. With the litigation facing the city the Ordinances need to be clear and concise. Engineer Barnes told the Council that he wrote to Purdue University and requested model ordinances. When he received them, he spent hours modifying them to fit Greencastle and it was a disaster. Councilor Masten stated that by doing that you start from scratch. We do not need to start from scratch, we need to fix some holes. Is there another way to do this? Mayor Michael asked Bill Dory to speak on behalf of the Planning Commission and Zoning Board. Mr. Dory stated that he would rather not speak for those boards as he is not chairman, but as a member of both boards he sees frustrations. Mr. Dory stated that everyone is in agreement that the Ordinances need to be updated, the question seems to be the value of updating. Mr. Dory suggested proposals be solicited for the project. Councilor Hammer asked Councilor Bavnard what he thought since he is on the Plan Commission. Councilor Baynard replied that this was discussed at the last meeting and he feels this needs to be done and it needs to be done by someone is who can spend some time on it even if it costs S 10,000.00, Councilor Hammer stated that there is no question that this needs to be done, but if it can be more cost effective done in another way Nye need to investigate those possibilities. Councilor Roach asked BC /CP how often this needs to be done. BC /CP Andonov stated that the Zoning Ordinances and Comprehensive Plan needs to be updated every 5 -10 years and is normally done by outside consultants. Mayor Michael explained that she was trying to get someone who could devote full -time to this project that has knowledge of the City's building codes. Councilor Roach stated that we have to be careful not to piecemeal. Councilor Masten made a motion to table Resolution 1996 -24 to seek more information and to meet with the Building Commissioner /City Planner, Zoning Board, and Attorneys to see if Nye are on the right track. Councilor Roach seconded the motion, adding that all the Councilmembers need to take up BC/CP Andonov on his offer to meet individually before the next Council meeting to talk about their concerns. Councilor Masten accepted this addition. Vote was unanimous. Ordinance 1996 -21, An Ordinance Approving a Sewer Deposit increase, first reading, was read in its entirety by Mayor Michael. Councilor Masten made the motion to adopt, seconded by Councilor Hammer. Vote was unanimous. Ordinance 1996 -20, An Ordinance to Remove City Water from IURC, first reading, was read in its entirety by Mayor Michael. Mayor Michael stated that the City has no intention to raise water rates. Attorney Zeiner explained the procedure is to pass Ordinance 1996 -20 on first reading, once that is passed Resolution 1996 -20 needs to be passed. The best way to send the notice to customers is with water bills, but a separate letter is needed. Set meeting far enough in advance to have notices sent 30 days prior to meeting. Councilor Roach made a motion to adopt Ordinance 1996 -20, first reading, seconded by Councilor Hammer. Vote was unanimous. Resolution 1996 -24 A Resolution to Opt out of IURC, was read by Attorney Zeiner. A special meeting and public hearing was set for December 17, 1996 at 7:00 p.m., Tzouanakis School. . Motion to adopt Resolution 1996 -29 was made by Councilor Masten, seconded by Councilor Roach. Vote was unanimous. " Resolution 1996 -27, A Resolution Authorizing The Transfer of the Property formerly known as "Old Industrial Park ", has been revised and was read in its entirety by Mayor Michael. Councilor Roach made the motion to adopt Resolution 1996 -27, seconded by Councilor Bavnard. Vote was unanimous. Ordinance 1996 -18, An Ordinance Amending ordinance 1986 -18, Schedule of No- Parking Zones, first reading, was read in its entirety by Mayor Michael. Motion to adopt made by Councilor Baynard, seconded by Councilor Masten. Vote was unanimous. Mayor Michael opened discussion regarding the West Central Solid Waste District yard waste side stating that a cost share program is being looked at in order to reduce the cost for the WCSWD. The City needs to man the site. The hours are up to the City. The Clean City Committee has recommended a limit of two days per week - possibly Wednesday, 10 -6 and Saturday 7 -6. Residents will have to be charged to use the site. The WCSWD will take care of hauling and transportation and Mayor Michael has asked the County to provide the cost of a phone, electricity and a port-o -let. The District will provide the building if the City acts before December 1, 1996. Councilor Roach stated that he is concerned about the rates. Most people will dump somewhere else. Councilor Masten requested the Mayor find out what the expectations of WCSWD are. City Engineer Chris Barnes addressed the need for a sigmal at the intersection of Indianapolis Road and First Street. Engineer Barnes explained that a signal is justified at this intersection, that safety is imperative and now is the right time to start working on this and do all in one motion with Auto Zone doing some of the paving, etc. Councilor Masten asked where the money would come from and Engineer Barnes replied CCI. The intersection will be closed until a signal is in place. Barnes stated that a contract for final engineering will be bid in February. Because of inter fund borrowing, the money is not in CCI at this time, but will be repaid by December. The Council, by consensus, agreed to fund this project through CCI funds when thev are available. Councilmembers reported on respective boards and meetings. Being no further business, Councilor Roach made a motion to adjourn, seconded by Councilor Hammer. Vote was unanimous. 1 G�� Nancy Micha , Mayor ZEST Pamela S. Jones, CIA - r asurer "