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HomeMy Public PortalAbout10-15-2001PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA, MONDAY, OCTOBER 15, 2001 The Common Council of the City of Richmond, Indiana met in regular session at 7:30 p.m., Monday, October 15, 2001, in the Council Chambers in said City. President Karl Sharp presided with the following Councilmembers present: Howard "Jack" Elstro, Etta J. Lundy, Bruce Wissel, Phil Dickman, Bing Welch, Larry Parker, Paul Combs and Sarah "Sally" Hutton.. The following business was conducted: PLEDGE OF ALLEGIANCE PRAYER BY COUNCILMEMBER ELSTRO ROLL CALL Nine present. APPROVAL OF MINUTES The minutes of the meeting of September 17, 2001 were approved on a motion by Councilmember Welch, second by Councilmember Parker and carried on a voice vote. PRESENTATION OF REMONSTRANCES, PETITIONS, MEMORIALS, INTRODUCTIONS, MOTIONS AND PUBLIC COMMENTS A. Resolution No. 5 — 2001 — A RESOLUTION FOR SUPPORTING THE APPROVAL OF A LATE FILED APPLICATION FOR A PERSONAL PROPERTY TAX ABATEMENT FOR TRANSILWRAP COMPANY, INC. Tony Foster, Grants Administrator in the Office of Community Development, explained that this resolution will allow Transilwrap to take advantage of a late filed tax abatement. He said due to an administrative oversight the abatement was not filed in a timely manner and in order to take advantage of the abatement this resolution needs to be approved. In answer to a question by Councilmember Welch, Foster said the abatement was for manufacturing equipment in the amount of $225,000 and was for 10 years all on capital equipment. Councilmember Dickman moved to approve, second by Councilmember Hutton and the motion was carried on a voice vote. COMMUNICATION FROM THE MAYOR Mayor Miller had no comments but said her trip to Japan was very interesting. Councilmember Parker asked the Mayor about the Sanitary Department concerns. City Attorney Bob Bever said the Sanitation Board had the same concerns as did Councilmembers. He said he wrote a letter about four weeks ago on behalf of the Sanitation Board of Commissioners to EA2, indicating that the administration knew that they were going through an internal change of ownership but that it was very displeased with the continuity and the communication that was being presented from that organization. Bever explained that with that communication it got the attention of American Water to come and put Richmond as one of their top priorities. He said the administration met with the employees and described to them what was going on with the Sanitation Board and American Water provided a couple of candidates for a new department head. He said he feels that the Board has done its best to address the things that have been communicated to Council. Councilmember Elstro asked the Mayor about the status of South L Street Railroad crossing. Bever responded, saying that he has hired the City's own appraisers rather than wait for the railroad, adding that when he knows that number he will be expecting a contract from the railroad. And, that would allow the City to try to do the repair work yet this year and have that work apply to and be the purchase for the exchange of that property. Councilmember Elstro also asked about the Recycling Center and the Mayor said there had been some conversations about some options which include paving further into their property or putting in a type of well that would clean their tires. Councilmember Combs talked quite extensively about the problems with the street trees and the Mayor assured him that her office works quite closely with the Street Tree Commission. She said she commends the members for the time they give to the City with their service. She said she knows that the Commission and the Street Department work closely together to ensure that proper notification is given about the activity going on. Councilmember Combs also addressed the idea that Council is even considering the abolishment of the Human Rights Commission and continued to extol the virtues of that group, adding that he feels that to even think about it is "utterly ridiculous." President Sharp reminded Councilmember Combs that that issue has not come before this Council as yet and he said that the time it does all Councilmembers will have an opportunity to express their views on the subject. Common Council Minutes Cont'd October 15, 2001 Page 2 REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY President Sharp said the minutes of the meetings of September 6, 13, 20 and 27, 2001, were included in their packets. REPORTS FROM DEPARTMENT HEADS There were no reports. REPORTS FROM STANDING COMMITTEES REPORTS FROM SPECIAL COMMITTEES REPORTS FROM ORGANIZATIONS MISCELLANEOUS BUSINESS President Sharp announced that Clerk Norma Schroeder has been hospitalized but is now home and possibly watching the Council meeting. He wished her well and asked that all the Councilmembers tell her "hello.' ORDINANCES ON FIRST READING Councilmember Elstro moved to suspend the rules and read Ordinances No. 71, 72 and 73 - 2001, on first reading by title only, second by Councilmember Lundy and the motion was carried on a voice vote. ORDINANCE NO. 71— 2001 The Deputy Clerk read Ordinance No. 71 — 2001 — AN APPROPRIATION ORDINANCE AUTHORIZING. THE SUBMITTAL, ACCEPTANCE, AND APPROPRIATION OF A GRANT FROM THE INDIANA DEPARTMENT OF COMMERCE PROGRAM INCOME FUND Explaining this ordinance was Tony Foster, the City's Grants Administrator, who said the City is requesting to use $175,000 in program income funds to install a street and sewer service for the Habitat for Humanity Subdivision that is being created at 1125 South O Street. He further explained that program income funds are those that the City has on hand that are the results of the payments and payoffs from its Housing Revolving Loan Fund. Councilmember Lundy moved to suspend the rules and advance Ordinance No. 69 — 2001 to second reading and read by title only, second by Councilmember Elstro and the motion was carried on a voice vote. Councilmember Welch moved to suspend the rules and advance Ordinance No. 71 — 2001 to second reading and read by title only, second by Councilmember Dickman and the motion was carried on a voice vote. The Deputy Clerk read Ordinance No. 71 — 2001 on second reading. President Sharp declared Ordinance No. 71 — 2001 on public hearing. There being no comment either for or against, Councilmember Elstro moved for engrossment, second by Councilmember Hutton and the motion was carried on a voice vote. Councilmember Lundy moved to suspend the rules and advance Ordinance No. 71 — 2001 to third and final reading and read by title only, second by Councilmember Elstro and the motion was carried on a voice vote. The Deputy Clerk read Ordinance No. 71 — 2001 on third reading. Ordinance No. 71 — 2001 was adopted on a unanimous roll call vote. ORDINANCE NO. 72 — 2001 The Deputy Clerk read Ordinance No. 72 — 2001 — AN APPROPRIATION ORDINANCE AUTHORIZING THE SUBMITTAL, ACCEPTANCE, AND APPROPRIATION OF A GRANT FROM THE PARTNERSHIP FOR A DRUG FREE WAYNE COUNTY Speaking on behalf of Carol Miller of the Widowed Persons Service was Foster who said this ordinance deals with a request by the WPS for $1,125 for its prescription drug and gambling addiction program. He said this is the same request they submitted last year which was funded, adding that Miller said this has been extremely successful program. Common Council Minutes Cont'd October 15, 2001 Page 3 Councilmember Welch moved to suspend the rules and advance Ordinance No. 72 — 2001 to second reading and read by title only, second by Councilmember Parker and the motion was carried on a voice vote. The Deputy Clerk read Ordinance No. 72 — 2001 on second reading. President Sharp declared Ordinance No. 72 — 2001 on public hearing. There being no comment either for or against, Councilmember Combs moved for engrossment, second by Councilmember Hutton and the motion was carried on a voice vote. Councilmember Welch moved to suspend the rules and advance Ordinance No. 71 — 2001 to third and final reading and read by title only, second by Councilmember Dickman and the motion was carried on a voice vote. The Deputy Clerk read Ordinance No. 72 — 2001 on third reading. Ordinance No. 72 — 2001 was adopted on a unanimous roll call vote. ORDINANCE NO. 73 — 2001 The Deputy Clerk read Ordinance No. 73 — 2001 — AN APPROPRIATION ORDINANCE AUTHORIZING THE SUBMITTAL, ACCEPTANCE, AND APPRORPRIATION OF A GRANT FROM THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT'S SOURCE REDUCTION RECYCLING PROGRAM Foster explained that the City is requesting $25,750 from the Indiana Department of Environmental Management's Source Reduction Recycling Program to help with the purchase of a new leaf packing and leaf loader to help with the annual leaf collection. He said the grant requires a 100 percent match which means the City would have to come up with $25,750 which is already budgeted into the 2002 Street Department capital budget. He said it would be February or March of 2002 before the City receives word whether or not the grant is funded. Councilmember Elstro moved to suspend the rules and advance Ordinance No. 73 — 2001 to second reading and read by title only, second by Councilmember Welch and the motion was carried on a voice vote. The Deputy Clerk read Ordinance No. 73 — 2001 on second reading. President Sharp declared Ordinance No. 73 — 2001 on public hearing. There being no comment either for or against, Councilmember Wissel moved for engrossment, second by Councilmember Welch and the motion was carried on a voice vote. Councilmember Wissel moved to suspend the rules and advance Ordinance No. 73 — 2001 to third and final reading and read by title only, second by Councilmember Dickman and the motion was carried on a voice vote. The Deputy Clerk read Ordinance No. 73 — 2001 on third reading. Ordinance No. 73 — 2001 was adopted on a unanimous roll call vote. ORDINANCES ON SECOND READING AND ENGROSSMENT ORDINANCE NO. 70 — 2001 The Clerk read Ordinance No. 70 — 2001 — A GENERAL ORDINANCE AMENDING AND RESTATING CHAPTER 91 OF THE CITY OF RICHMOND CODE City Attorney Bob Bever said that following Council's Committee of the Whole meeting the Law Department put together a "master" amended ordinance which he said he refers to as "cleanup language" of things that he feels would be non -controversial. He said that has been distributed to Councilmembers tonight. He said proposed amendments No. 2, 3 and 4 have also been submitted to each of the Councilmembers. Bever went through the master sheet pointing out the changes. (These are included in the ordinance which is on file in the Clerk's office.) Bever explained that a motion would be in order to amend Ordinance No. 70 — 2001 to incorporate those things that are shown in the written Amended Ordinance No. 70- 2001. Councilmember Parker so moved, second by Councilmember Dickman and the motion was carried on a voice vote. Common Council Minutes Cont'd October 15, 2001 Page 4 Proposed Amendment No. 3 — "(a) ... the words "without provocation" shall be removed from subsections (2) and (3) — was defeated on a voice vote of 7 against and 2 in favor; Proposed Amendment No. 4 — (b) Determination of a dangerous/vicious dog (add to end of subsection...) "If the dog is determined to be dangerous or vicious, all costs associated with the impoundment of the dog shall be the responsibility of the animal's owner." This was accepted on a unanimous roll call vote. Proposed Amendment No. 5 — Humane Care of Animals- (d) It shall be a violation of Richmond Code for any person to intentionally provoke or tease an animal. This was accepted on a roll call vote of 5 in favor and 4 against. After further discussion which included insurance and enforcement, President Sharp asked for comments for or against the ordinance and hearing none Councilmember Wissel moved for engrossment, second by Councilmember Hutton and the motion was carried on a voice vote. Councilmember Welch suggested that Ordinance No. 70 — 2001 be held on second reading. President Sharp said'it would be brought back on second reading at Council's next meeting on November 5. ORDINANCES ON THIRD READING There were none. CALL FOR ADJOURNMENT There being no further business, on a motion duly made, seconded and passed, the meeting was adjourned at 9:20 p.m. Karl Sharp, President ATTEST: Myra Miller, Deputy Clerk ************** TABLED ORDINANCES AMENDED ORDINANCE NO. 18 — 2001 The Clerk read Amended Ordinance No. 18 — 2001 — A SPECIAL ORDINANCE FIXING CERTAIN BENEFITS UNDER THE POLICEMAN PENSION FUND FOR THE CITY OF RICHMOND ORDINANCE NO.28 — 2001 The Clerk read Ordinance No. 28 — 2001 — A SPECIAL ORDINANCE FIXING CERTAIN BENEFITS UNDER THE 1937 FIREFIGHTER'S PENSION FUND FOR THE CITY OF RICHMOND