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HomeMy Public PortalAbout07-16-2001PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA, MONDAY, DULY 16, 2001 The Common Council of the City of Richmond, Indiana met in regular session at 7:30 p.m. Monday, July 16, 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 DICKMAN ROLL CALL Nine present. APPROVAL OF MINUTES The minutes of the meetings of June 25 and July 2, 2001 were approved on a motion by Councilmember Welch, second by Councilmember Parker and were carried on a voice vote. PRESENTATION OF REMONSTRANCES, PETITIONS, MEMORIALS, INTRODUCTIONS, MOTIONS AND PUBLIC COMMENTS Carol Miller, director of Widowed Persons Service, had a special presentation for Bing and Patricia Welch for their work on the recent Jerry Lawrence golf tournament. She presented them with a collage of photos taken during the tournament for their many hours of work and their dedication to the event. After the presentation Miller mentioned that the second annual tournament is already scheduled for July 22. Julia Allen, accompanied by her father, William Barker, owner of Beechwood Trailer Park, stepped forward after being invited to do so by President Sharp. A 20-minute discussion took place which included comments from both Allen and Barker, speaking about the conditions at Beechwood. Some of the issues discussed were the trash dumpsters which, Barker said, are filled with items brought into the park by people who do not live there. Councilmembers Elstro and Welch asked several questions of the two about the rules which residents are supposed to abide by. Other Councilmembers making comments were President Sharp and Paul Combs. Those speaking in support of the trailer park included residents Chris and Theresa Myers, Sandra Erlich and Barker's wife. Also speaking was Dale Bunker, 15 South West 9`s Street, who said he represented a family living in Beechwood. He commented on the appearance of the park, zeroing in on the street which he said needs paving as well as the trailers which could use some paint. Also speaking was Samuel Wilson of Hagerstown who identified himself as an area contractor. He asked questions of Councilmembers about what could be done to help Barker improve the looks of the park such as perhaps using some tax abatements. Councilmember Welch explained that those do not cover residential areas. Conversation at the end of the discussion concluded with Councilmembers making it clear that it is not the City's responsibility to make improvements in the park since it is privately owned by Barker. Councilmember Welch stated that there would be people in contact with the Barkers to make sure the park is in compliance with City code. COMMUNICATION FROM THE MAYOR Misty Hollis, Community Development Coordinator, read a letter written by Mayor Shelley Miller who could not attend because of a family commitment. In the letter, Miller addressed the issue of Ordinance No. 52 — 2001 which is on the agenda. She commented that a committee, which includes Councilmembers Lundy and Hutton, has determined that a new housing assessment be conducted within the City. She said the housing situation has changed since the 1997 study, adding that she is in agreement with the determination of the committee. City Attorney Bob Bever commented about the content of the ordinance that was handed to Councilmembers tonight, saying that it would be Council's decision to add it to the agenda. He said the Mayor had asked the Law Department to look into what could be done in response to complaints about any mobile home parks. Answering the question that was asked earlier as to why no action had been taken by the City prior to this time, Bever said City ordinances unless specifically allowed, may not regulate conduct that is now regulated by a state agency. He said the State code has always regulated mobile home parks so that would have been a violation by the City. 1 Common Council Minutes Cont'd July 16, 2001 Page 2 However, he said, a few years ago State law was amended to say that now there is an exception to mobile home parks that says that county and municipal authorities within their respective jurisdictions do have jurisdiction regarding the zonings and building codes and ordinances pertaining to mobile home parks. He said it is because of the allowing the exception to that general rule that gives the City more power to treat them as any other dwelling unit outside of a mobile home park. He said that although the State departments has jurisdiction over the mobile home parks the local enforcement is done by the Wayne County Health Department. He said that means that this would be a concurrent jurisdiction over some of the living conditions in the mobile home park that would be allowed with the change addressed in the ordinance. Councilmember Welch moved to amend the agenda to add Ordinance No. 52 — 2001, second by Councilmember Elstro and the motion was carried on a voice vote. Councilmember Welch commented about a situation which has occurred in his district which involves a landowner who doesn't want to adhere to City Code. He said he has frustrated his neighbors in Berry Field and has threatened his neighbors with bodily harm. He said the City needs to get out there and make this guy clean up his property, adding that the man has been cited by the City inspectors, and now he has put 13 cars on his property. Bever said this is the first time he has personally heard of this and Bob Goodwin stepped forward to say that he knew that the man had been fined and he did hear about this latest thing this afternoon. Bever said they would address the issue starting first thing tomorrow. Councilmember Welch also pointed out an instance in Fairview where the code violator was taken to court and he appealed it and now it has been sitting in the courts for the past six months. He said a person called him on the telephone to inquire as to why the City hasn't taken further steps in that case because the situation continues to exist. Bever said when you are waiting for the judge to rule it has to be treated with kid gloves and there isn't anything that can be done. He said, however, it is not going to stop there and the Law Department will proceed until things are resolved. Councilmember Parker had a question about a vehicle that sits on the street and is ticketed. Goodwin said the autos on the street are handled strictly by the Police Department. However, there are times when the inspectors get involved with vehicles on private property and once those are ticketed it is generally resolved within 23 days. Councilmember Parker then asked what the time allotment was for the orange ticket on the vehicle and is it 72 hours. Rabe said the "72-hour rule" is that a car cannot be parked in the same location for 72 continuous hours. He said all the vehicle owner has to do is drive it around the block or just move it about 200 feet. He said the City doesn't have anything to address that issue and the code was designed for vehicles that were abandoned or simply do not operate. He said if the vehicle is operable and licensed and the orange tag is placed on it and the City has it towed away, it is up to the City to prove that the vehicle has not been moved within the 72 hours and that would be difficult. He said as long as it's moved under its own power and they are able to drive it around the block there's nothing you can do. REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY President Sharp said the minutes of the meeting of June 21, 2001, were included in their packets. REPORTS FROM DEPARTMENT HEADS Police Chief Bill Shake reported on the department objectives in 2001which include the purchase and installation of 55 in -car computers, shotguns for each officer to carry in his or her assigned unit, purchase and installation of new audio/video recording system for investigative interview rooms, purchase of assorted dive equipment in partnership with the Richmond Fire Department, purchase of four sub -guns for the SWAT team, purchase and training on less -than -lethal options. His report in its entirety is on file in the Clerk's office. Councilmember Parker questioned the statement made by Chief Shake about funeral processions and that the funeral directors now have the authority to conduct the procession and go through red lights. The Chief said they may do that if they have the lights on their vehicles as required. He said before the change was made, he checked back into the records and approximately 10 years ago the department was doing 400 escorts a year and last year they did approximately 120. He said it is the policy of the department that anything less than 15 vehicles the funeral directors can do on their own and they have found there are no accidents because of that. He said anything 15 and over is done by special requests and the department will assist them. He said this is a state law and they have to have their lights on. Councilmember Welch commended the department for what it has done in the drug enforcement area and Chief Shake said it is not just his department but it is the cooperation of this administration that has made this possible. Another thing Councilmember Welch commented on and congratulated Chief Shake on is the laser radar display speed control device that was purchased. REPORTS FROM STANDING COMMITTEES Common Council Minutes Cont'd July 16, 2001 Page 3 REPORTS FROM SPECIAL COMMITTEES REPORTS FROM ORGANIZATIONS MISCELLANEOUS BUSINESS Councilmember Wissel moved to appoint Joanne Williams to fill the vacancy on the Telecommunications Council, second by Councilmember Dickman and the motion was carried on a voice vote. ORDINANCES ON FIRST READING Councilmember Elstro moved to suspend the rules and read Ordinances No. 47, 48, 49, 50, 51, 52 and 53 2001, on first reading by title only, second by Councilmember Parker and the motion was carried on a voice vote. ORDINANCE NO. 47 — 2001 The Clerk read Ordinance No. 47 — 2001 — A SPECIAL ORDINANCE AMENDING THE REZONING AT SOUTH SIDE OF WERNLE ROAD AND RUNNING EAST FROM INTERSECTION WITH HENLEY ROAD President Sharp said this ordinance would go to the Planning Commission. ORDINANCE NO. 48 — 2001 The Clerk read Ordinance No. 48 — 2001 — AN APPROPRIATION ORDINANCE AUTHORIZING THE SUBMITTAL, ACCEPTANCE, AND APPROPRIATION OF A GRANT FROM THE WAYNE COUNTY FOUNDATION Explaining this ordinance was Tony Foster, grants administrator for the City, who said this is a request by Widowed Persons Service to accept grant funding of $1,527 to purchase a new computer and printer. He said they would like to use these to create their newsletter in a more creative manner. He said there is no local match on this particular program. Councilmember Wissel moved to suspend the rules and advance Ordinance No. 48 — 2001 to second reading and read by title only, second by Councilmember Lundy and the motion was carried on a voice vote. The Clerk read Ordinance No. 48 — 2001 on second reading. President Sharp declared Ordinance No. 48 — 2001 on public hearing. There being no comments either for or against the ordinance, Councilmember Elstro moved for engrossment, second by Councilmember Wissel and the motion was carried on a voice vote. Councilmember Wissel moved to suspend the rules and advance Ordinance No. 48 — 2001 to third and final reading and read by title only, second by Councilmember Welch and the motion was carried on a voice vote. The Clerk read Ordinance No. 48 — 2001 on third reading. Ordinance No. 48 — 2001 was adopted on a unanimous roll call vote. ORDINANCE NO. 49 — 2001 The Clerk read Ordinance No. 49 — 2001 — AN APPROPRIATION ORDINANCE AUTHORIZING THE SUBMITTAL, ACCEPTANCE, AND APPROPRIATION OF A GRANT FROM THE INDIANA CRIMINAL JUSTICE INSTITUTE'S JUVENILE ACCOUNTABILITY BLOCK GRANT PROGRAM (JAIBG) Explaining this ordinance was Foster, again, who said this is a request by the City for $23,801 on behalf of Richmond Community Schools because there is a requirement in the grant that the local municipality apply for these. He said the grants are administered jointly, adding that the City works very closely with Dr. Karen Montgomery, director of grants at Richmond Community Schools. He said the funding that the City is requesting does have a match of 10 percent of the total cost which is $2,645 and the school system is picking that up. He said these funds are being used to hire a consultant and implement on-line credit courses for expelled students. Councilmember Welch moved to suspend the rules and advance Ordinance No. 49 — 2001 to second reading and read by title only, second by Councilmember Combs and the motion was carried on a voice vote. 1 Common Council Minutes Cont'd July 16, 2001 Page 4 The Clerk read Ordinance No. 49 — 2001 on second reading. President Sharp declared Ordinance No. 49 — 2001 on public hearing. There being no comments either for or against the ordinance, Councilmember Combs moved for engrossment, second by Councilmember Welch and the motion was carried on a voice vote. Councilmember Lundy moved to suspend the rules and advance Ordinance No. 49 — 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 Clerk read Ordinance No. 49 — 2001 on third reading. Ordinance No. 49 — 2001 was adopted on a unanimous roll call vote. ORDINANCE NO. 50 — 2001 The Clerk read Ordinance No. 50 — 2001 — AN APPROPRIATION ORDINANCE AUTHORIZING THE SUBMITTAL, ACCEPTANCE, AND APPROPRIATION OF A GRANT FROM THE INDIANA DEPARTMENT OF TRANSPORTATION PASSIVE GRADE IMPROVEMENT PROGRAM It was Foster, again, who explained this grant, saying that the City is reTuesting $788.46 to be used to purchase new centerlines and stop bars on the railroad crossings on North 8 and on North West 11`h and L Streets. He said these are pieces of plastic that will be enough to slow traffic down and make motorists aware that there is a railroad crossing there. Councilmember Welch moved to suspend the rules and advance Ordinance No. 50— 2001 to second reading and read by title only, second by Councilmember Parker and the motion was carried on a voice vote. The Clerk read Ordinance No. 50 — 2001 on second reading. President Sharp declared Ordinance No. 50 — 2001 on public hearing. There being no comments either for or against the ordinance, Councilmember Elstro moved for engrossment, second by Councilmember Dickman and the motion was carried on a voice vote. Councilmember Welch moved to suspend the rules and advance Ordinance No. 50 — 2001 to third and final reading and read by title only, second by Councilmember Parker and the motion was carried on a voice vote. The Clerk read Ordinance No. 50 — 2001 on third reading. Ordinance No. 50 — 2001 was adopted on a unanimous roll call vote. ORDINANCE NO. 51— 2001 The Clerk read Ordinance No. 51 — 2001 — AN APPROPRIATION ORDINANCE AUTHORIZING THE SUBMITTAL, ACCEPTANCE, AND APPROPRIATION OF A GRANT FROM THE US DEPARTMENT OF JUSTICE LOCAL LAW ENFORCEMENT BLOCK GRANT (LLEBG) PROGRAM Explaining this ordinance was Foster again, who said the City of Richmond Police Department is requesting $52,559 to purchase additional in -car mobile data units for the police vehicles. Councilmember Wissel moved to suspend the rules and advance Ordinance No. 51— 2001 to second reading and read by title only, second by Councilmember Dickman and the motion was carried on a voice vote. The Clerk read Ordinance No. 51 — 2001 on second reading. President Sharp declared Ordinance No. 51 — 2001 on public hearing. There being no comments either for or against the ordinance, Councilmember Welch moved for engrossment, second by Councilmember Parker and the motion was carried on a voice vote. Councilmember Wissel moved to suspend the rules and advance Ordinance No. 51 — 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 Clerk read Ordinance No. 51 — 2001 on third reading. Ordinance No. 51 — 2001 was adopted on a unanimous roll call vote. Common Council Minutes Cont'd July 16, 2001 Page 5 ORDINANCE NO. 52 — 2001 The Clerk read Ordinance No. 52 — 2001 — AN APPROPRIATION ORDINANCE AUTHORIZING THE SUBMITTAL, ACCEPTANCE, AND APPROPRIATION OF A GRANT FROM THE INDIANA HOUSING FINANCE AUTHORITY (IHFA) FOUNDATION PROGRAM Foster explained that the City is requesting $30,000 for a grant to conduct a new housing needs assessment and there is a $3,000 match required that will be provided by one of the agencies working closely with the City to perform this project. Foster gave the reasons for the City's requesting this new assessment, saying that many changes have occurred with senior housing needs being addressed by the former Atlas building and the Leland. He said the previous assessment did not look real closely at the potential for second floor housing in uptown Richmond and there is now Planned Unit Development. All these, he said, would change the housing needs of the City. Councilmember Welch moved to suspend the rules and advance Ordinance No. 52 - 2001 to second reading and read by title only, second by Councilmember Parker and the motion was carried on a voice vote. The Clerk read Ordinance No. 52 - 2001 on second reading. President Sharp declared Ordinance No. 52 — 2001 on public hearing. There being no comments either for or against the ordinance, Councilmember Welch 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. 52 — 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 Clerk read Ordinance No. 52 — 2001 on third reading. Ordinance No. 52 — 2001 was adopted on a unanimous roll call vote. ORDINANCE NO. 53 — 2001 The Clerk read Ordinance No. 53 — 2001 — A GENERAL ORDINANCE AMENDING AND RESTATING SECTION 151.02 (i) OF THE CITY OF RICHMOND CODE Steve Rabe explained this ordinance, stating that it is the result of many meetings with the State Department of Health, Wayne County Department of Health, Permits and Inspections, and reviewed ordinances from several other communities throughout the state. He said it has been found that the City does have the authority to regulate mobile homes on the local level and they are subject already to our local building code and they have been to the local zoning code for some time. He said with this proposed amendment it would be subject to the local housing code as well, adding that State statute does provide that local housing code can apply as well as local building codes can apply to mobile home parks can be enforced by local inspections department or the local building inspector. He said the only hindrance the City had was that the local code specifically excludes mobile homes in the housing code sections. In order to enforce the provisions of the housing code, Rabe said, is to strike that exemption with that simple amendment that the housing code would apply to mobile homes just as it does to any other apartment or home. Councilmember Welch asked if the alteration is made as the amendment states, would the City be able to determine whether or not these individual trailers are fit for human habitation and could- force condemnation of those units. Rabe said that can be done within the bounds of the local housing code which currently exists. Councilmember Welch also asked about smoke alarms and Rabe said he is sure that is a requirement but he thinks that is covered under the fire prevention chapter of the code. Councilmember Lundy had a question about whether or not Beechwood is properly licensed and Rabe said he was waiting on written confirmation from the State. President Sharp said this ordinance would be held until the next Council meeting. Misty Hollis said she had spoken briefly about this ordinance to Mayor Miller and she does'support taking a step forward on this issue tonight. Common Council Minutes Cont'd July 16, 2001 Page 6 ORDINANCES ON SECOND READING AND ENGROSSMENT 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 President Sharp said this ordinance and No. 28 would continue to be held. 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 AMENDED ORDINANCE NO. 34— 2001 The Clerk read Amended Ordinance No. 34— 2001 — A SPECIAL ORDINANCE AUTHORIZING THE APPROVAL OF A STATEMENT OF BENEFITS FOR A PROPERTY OWNER APPLYING FOR DEDUCTIONS UNDER I.C. 6-1.1-12.1 President Sharp explained that this is a request by Premdor and Councilmembers had received a revised ordinance in which it is requested a 10-year tax abatement for an estimated value of $1,100,000 for real estate and $891,400 for new manufacturing equipment. He said the company estimates 8 new jobs with 133 jobs retained. He recommended that the request be granted. Councilmember Wissel moved to amend this ordinance, second by Councilmember Lundy and the motion was carried on a voice vote President Sharp declared Ordinance No. 34 — 2001 on public hearing.. There being no comments either for or against the ordinance, Councilmember Hutton moved for engrossment, second by Councilmember Parker and the motion was carried on a voice vote. Councilmember Welch moved to suspend the rules and advance the ordinance to third and final reading and read by title only, second by Councilmember Parker and the motion was carried on a voice vote. The Clerk read Ordinance No. 34— 2001 on third reading. Ordinance No. 34— 2001 was adopted on a unanimous roll call vote. ORDINANCE NO. 45 — 2001 The Clerk read Ordinance No. 45 — 2001 - A SPECIAL ORDINANCE AUTHORIZING THE APPROVAL OF A STATEMENT OF BENEFITS FOR A PROPERTY OWNER APPLYING FOR DEDUCTIONS UNDER I.C. 6-1.1-12.1 Explaining this ordinance was Councilmember Wissel who said this ordinance deals with a 10-year tax abatement request for $500,000 made by Mann Indiana Prop., LLC. He said this is an expansion of a project that Council approved in June 2000. He said they import flowers.and then prepare them and wholesale distribute them. He said he met with Lindley Mann last Friday and although the wages are a little below the average industrial wage but Council decided last time that they should not compare agricultural wages with industrial wages. President Sharp declared Ordinance No. 45— 2001 on public hearing. Speaking on behalf of the ordinance was Terry Campbell representing Hill Floral Group. He said they appreciate the work done thus far on the part of Council, adding that their business expectations have far exceeded their capability and they are in the process of adding a second shift and more employees. He said Richmond has been the City of Roses for a long time even though the company has stopped growing roses right here in Richmond, they are putting the floral art back here because they have become an international hub for flowers. There being no other comments either for or against the ordinance, Councilmember Elstro moved for engrossment, second by Councilmember Lundy and the motion was carried on a voice vote. Councilmember Welch moved to suspend the rules and advance the ordinance to third and final reading and read by title only, second by Councilmember Dickman and the motion was carried on a voice vote. The Clerk read Ordinance No. 45— 2001 on third reading. Ordinance No. 45— 2001 was adopted on a unanimous roll call vote. ORDINANCES ON THIRD READING There were none. Common Council Minutes Cont'd July 16, 2001 Page 7 UNFINISHED BUSINESS CALL FOR ADJOURNMENT There being no further business, on a motion duly made, seconded and passed, the meeting was adjourned at 9:45 p.m. ATTEST: Norma Schroeder, Clerk Karl Sharp, President