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HomeMy Public PortalAbout03-19-2001PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA, MONDAY, MARCH 19, 2001 The Common Council of the City of Richmond, Indiana met in regular session at 7:30 p.m. Monday, March 19, 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, Larry Parker, Bing Welch, Paul Combs, Phil Dickman and Sarah "Sally" Hutton. The following business was conducted: PLEDGE OF ALLEGIANCE PRAYER BY COUNCILMEMBER PARKER ROLL CALL Nine present. APPROVAL OF MINUTES Since there was no meeting March 5, 2001, only the minutes for the meeting of February 26, 2001 were available. Councilmember Hutton pointed out that the minutes reflected that she was absent, which she was not, and that it was President Sharp and not President Parker who referred to the Board of Works minutes. With those corrections she moved to approve, second by Councilmember Parker and the motion was carried on a voice vote. PRESENTATION OF REMONSTRANCES, PETITIONS, MEMORIALS, INTRODUCTIONS, MOTIONS AND PUBLIC COMMENTS President Sharp recognized Mary Walker, director of the Wayne County Tourism and Convention Bureau, who distributed the latest magazine on Richmond and Wayne County that is available at the Welcome Center located on National Road East. RESOLUTION NO.4 — 2001 -The Clerk read Resolution No. 4 — 2001 —. A RESOLUTION RECOGNIZING BEN WISSEL AS INDIANA STATE HIGH SCHOOL WRESTLING CHAMPION President Sharp asked Ben Wissel, who was in the audience, and his parents, to step forward while City Clerk Norma Schroeder read the resolution in its entirety. Wissel was given a copy of the resolution after it was signed by each of the Councilmembers, the Mayor and the Clerk. COMMUNICATION FROM THE MAYOR Mayor Shelley Miller announced a city project called "Spring Cleanup, Code Enforcement Blitz." She said this would include most of the departments within the administration participating. She said other City organizations would also be included in the project. She said this would include a major emphasis on trimming back the street trees throughout the corridors, street sweepers would also be moving through the neighborhoods and alleys would be cleaned up. She gave the dates for the following: Whitewater Gorge and Cardinal Greenway Cleanup on April 7; the Third Annual Enviro Fare on April 21; Operation Clean Sweep on April 28; and the neighborhood cleanup dates are yet to be scheduled. She said this is a major City-wide cleanup project which should include all the citizens. She said the Police Department would be working closely with the City inspectors to issue citations to property owners who are in violation of the City code. She said the goal is not to collect fines but to help the property owners meet their responsibilities. REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY President Sharp said the minutes of the meeting of February 15, 22 and March 1, 2001 were included in their packets. REPORTS FROM DEPARTMENT HEADS REPORTS FROM STANDING COMMITTEES REPORTS FROM SPECIAL COMMITTEES Councilmember Combs said he had received correspondence from a resident concerned about the cutting down of the trees in the South 18`h Street area and he said he encouraged that individual to get involved and try to attend the Street Tree Commission meetings. He announced that those meetings, which are held monthly, have previously been held on the second Monday but have been changed, beginning in April, to the last Thursday of the month at 7 p.m. and will still be held in the Community Room in the City Building. Common Council Minutes Cont'd March 19, 2001 Page 2 Councilmember Parker said he had had some inquiries from citizens about when the trees are replanted in the sod line as to whether they can request that no tree be planted there. Councilmember Combs said they would need to come to the Street Tree Commission and make that request. Councilmember Parker said the problem is that they don't know a tree is going in there until they look out and see it being done. He said that there are some elderly people who have had their trees cut down in their yards because they can no longer take care of the leaves in their yards and they don't want one in the front of their house. Councilmember Welch explained that what has happened is that when the trees are cut down they have gone to the property owner to let them know what's going on and leave an information card for them. Then, he said, if they don't want a tree put back in they could let their wishes be known by mailing that card to the Street Department, which will be putting in the new trees. He said if they don't cut any trees, usually they would be doing a survey to see if they want trees planted. Councilmember Welch said if the residents would water those street trees and help them grow, they would be a beautiful addition to their neighborhoods. Mayor Miller said she had attended a Street Tree Commission meeting in February and at that meeting had looked at ways communication could be strengthened within the neighborhoods. Councilmember Parker said he felt there should be some kind of notification to the homeowner that a tree is going to be planted in front of their home and if they don't want it then that wish should be honored. Mayor Miller answered that the Street Department has developed a letter that will be sent out as well as instructions on how the trees should be taken care of. REPORTS FROM ORGANIZATIONS MISCELLANEOUS BUSINESS ORDINANCES ON FIRST READING Councilmember Elstro moved to suspend the rules and read Ordinance No. 6, 7, 8, 9, 10 and 11 — 2001 on first reading by title only, second by Councilmember Lundy and the motion was carried on a voice vote. ORDINANCE NO.6 — 2001 The Clerk read Ordinance No. 6 — 2001 — AN APPROPRIATION ORDINANCE AUTHORIZING THE SUBMITTAL, ACCEPTANCE, AND APPROPRIATION OF A GRANT FROM AREA 9 IN -HOME & COMMUNITY SERVICES Explaining the ordinance was Tony Foster, the City's grants administrator, who said the City is requesting $40,719 from Area 9 In -Home & Community Services Agency for Roseview Paratransit System. He said the funding, which would be a total of $54,061 with a local match, helps pay the salary of 2.4 paratransit drivers, adding that there are four drivers who work on a daily basis. He said this is an annual program and this year the funding is up about $219 which helps. Councilmember Welch moved to suspend the rules and advance Ordinance No. 6 — 2001 to second reading and read by title only, second by Councilmember Combs and the motion was carried on a voice vote. The Clerk read Ordinance No. 6 — 2001 on second reading. President Sharp declared Ordinance No. 6 — 2001 on public hearing. There being no comments either for or against the ordinance, Councilmember Dickman moved for engrossment, second by Councilmember Hutton and the motion was carried on a voice vote. Councilmember Wissel moved to suspend the rules and advance Ordinance No. 6 — 2001 to third and final reading and read by title only, second by Councilmember Elstro and the motion was carried on a unanimous voice vote. The Clerk read Ordinance No.6 — 2001 on third reading. Ordinance No. 6 — 2001 was adopted on a unanimous roll call vote. ORDINANCE NO.7 — 2001 The Clerk read Ordinance No. 7 — 2001 — AN APPROPRIATION ORDINANCE AUTHORIZING THE SUBMITTAL, ACCEPTANCE, AND APPROPRIATION OF A GRANT FROM INDIANA DEPARTMENT OF TRANSPORTATION Foster also explained this ordinance, saying that the Richmond Municipal Airport is requesting $46,000 from INDOT's federally funded AIR 21 program. He said the funding would be matched by both the state and the airport to make up the required 10 percent match. He said the money would be used to install a new rotating beacon and to upgrade the PAPI (Precision Approach Path Indicator) lights. Common Council Minutes Cont'd March 19, 2001 Page 3 Depending on funding annually on the federal level, Foster said, the airport would hopefully receive additional funding the next two years because this is an entitlement grant program. He said as long as the paper work is submitted properly and in a timely fashion these funds would be received for these upgrades. In answer to a question by Councilmember Welch, Foster said the total cost of the beacon is approximately $20,000 and the PAPI lights is about $30,000. Councilmember Lundy moved to suspend the rules and advance Ordinance No. 7 — 2001 to second reading and read by title only, second by Councilmember Elstro and the motion was carried on a voice vote. The Clerk read Ordinance No. 7 — 2001 on second reading. President Sharp declared Ordinance No. 7 — 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 Welch moved to suspend the rules and advance Ordinance No. 7 — 2001 to third and final reading and read by title only, second by Councilmember Dickman and the motion was carried on a unanimous voice vote. The Clerk read Ordinance No .7 — 2001 on third reading. Ordinance No. 7 — 2001 was adopted on a unanimous roll call vote. ORDINANCE NO. 8 — 2001 The Clerk read Ordinance No. 8 — 2001 — AN APPROPRIATION ORDINANCE AUTHORIZING THE SUBMITTAL, ACCEPTANCE, AND APPROPRIATION OF A GRANT FROM CORPORATION NATIONAL SERVICE Explaining the ordinance was Martha Young, director of the Wayne County Retired Senior Volunteer Program, who said this is a literacy -based grant for $6,288 with a match of 30 percent which would be met with in -kind and fund raising. She said they are hoping to use the grant money to place retired volunteers in different organizations within the City to be there to help people who need help in filling out forms or reading materials such as the Social Security office and the Bureau of Motor Vehicles. She said at that point the volunteers would be trained to refer to the Literacy Coalition and the Workforce Development. Councilmember Welch moved to suspend the rules and advance Ordinance No. 8 — 2001 to second reading and read by title only, second by Councilmember Combs and the motion was carried on a voice vote. The Clerk read Ordinance No. 8 — 2001 on second reading. President Sharp declared Ordinance No. 8 — 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 Welch moved to suspend the rules and advance Ordinance No. 8 — 2001 to third and final reading and read by title only, second by Councilmember Parker and the motion was carried on a unanimous voice vote. The Clerk read Ordinance No.8 — 2001 on third reading. Ordinance No. 8 — 2001 was adopted on a unanimous roll call vote. ORDINANCE NO.9 — 2001 The Clerk read Ordinance No. 9 — 2001 — AN APPROPRIATION ORDINANCE AMENDING ORDINANCE NO.56 — 2000 COMMONLY REFERRED TO AS THE 2001 SALARY ORDINANCE Explaining the ordinance was Mayor Miller , who said she has found there is a gap in the City's ability to support various groups. Giving an example, she said, if a business comes into the City to talk about a need it may have to do with a zoning issue or information from the finance department and there is not a single person from the City who is an advocate to deal with an individual directly. She said what she is requesting is a change in titles which would allow three existing employees together into an office titled the "Office of Community Development' under the Mayor's office. Staffing the office, she said, would be the Mayor's Executive Coordinator, the Grants Administrator and the Director of Community Partnerships and this ordinance would change their titles to more accurately reflect their new or added responsibilities. She added that there would be no changes to the 2001 salaries from the original salary ordinance. Common Council Minutes Cont'd March 19, 2001 Page 4 The Mayor said that by establishing this team approach she feels confident that the City will now be able to have an individual specifically assigned to housing needs and issues, an area, which the City lacked in the past. Titles would be changed to Community Action Coordinator, Constituency Services Coordinator and Business Development Coordinator. She said these coordinators are not being put into place to do anything that existing community agencies are currently doing. Councilmember Dickman asked if the Neighborhood Clearing House is totally under the City's budget now, and the Mayor answered that it is. Councilmember Welch moved to suspend the rules and advance Ordinance No. 9 — 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. 6 — 2001 on second reading. President Sharp declared Ordinance No. 9 — 2001 on public hearing. There being no comments either for or against the ordinance, Councilmember Elstro moved for engrossment, second by Councilmember Hutton and the motion was carried on a voice vote. Councilmember Parker moved to suspend the rules and advance Ordinance No. 9 — 2001 to third and final reading and read by title only, second by Councilmember Combs and the motion was carried on a unanimous voice vote. The Clerk read Ordinance No.9 — 2001 on third reading. Ordinance No. 9 — 2001 was adopted on a unanimous roll call vote. ORDINANCE NO. 10 — 2001 The Clerk read Ordinance No. 10 — 2001 — A GENERAL ORDINANCE AMENDING A SECTION OF CHAPTER 93 OF THE CITY CODE REGARDING FINES FOR MULTIPLE VIOLATIONS Explaining the ordinance was Sam Lahanas of the Richmond Sanitary Department who said this ordinance deals with a procedure that they are trying to put into place to deal with repeat violators. He said what happens now is that they get a ticket of some kind and ignore that. This ordinance, he said, would put into place after the first offense, a fine of $50, and within five days the Sanitary Department would go in and clean up the mess and charge the $250, plus the fine to that resident. If there is a second violation, the owner has seven days to clean up the mess and if they do not there is a $100 fine plus a $250 charge for the Sanitary Department to clean up the mess. Then, if there is a third violation, the owner is automatically charged a $250 fine plus the $250 to clean up the mess. Lahanas explained that administratively they were able to put this into place, but for the Sanitary District to change the fines this had to come before this Council. Councilmember Parker asked if the fines could be placed upon their property through a tax lien. City Attorney Bob Bever answered that the City would have to go to court to establish that as a lien upon their property. Councilmember Dickman asked if there is a renter on the property whether or not the responsibility falls back on the property owner. Bever said the way it works now, you have the owner, occupant or the lease holder to show cause to be removed and if a determination can be made as to who is responsible that is who the fine would initially be submitted to. He said it can be any one of the three mentioned above, adding that it is the owner he would go after. Councilmember Parker disagreed, saying that he felt it was the renter who should be fined. Bever said the problem with that is that whether it is some improper zoning item they've done or something that is considered unsafe, and it is public record as to who the owners are. However, tenants do not have written agreements and sometimes come and go and if the owner has any tie to that occupant, it's the owner. Following more comments from Councilmembers Welch, Combs and Elstro, Bever and Lahanas, Councilmember Wissel moved to suspend the rules and advance Ordinance No. 10 — 2001 to second reading and read by title only, second by Councilmember Hutton and the motion was carried on a voice vote. The Clerk read Ordinance No. 10 — 2001 on second reading. President Sharp declared Ordinance No. 10 — 2001 on public hearing. There being no comments either for or against the ordinance, Councilmember Elstro moved for engrossment, second by Councilmember Hutton and the motion was carried on a voice vote. Councilmember Elstro moved to suspend the rules and advance Ordinance No. 10 — 2001 to third and final reading and read by title only, second by Councilmember Welch and the motion was carried on a unanimous voice vote. The Clerk read Ordinance No. 10 — 2001 on third reading. Common Council Minutes Cont'd March 19, 2001 Page 5 Councilmember Parker said that what he feels needs to be done is when those people are seen making the rubbish and in violation they should be handed a ticket at that time instead of given a warning. Ordinance No. 10 — 2001 was adopted on a unanimous roll call vote. ORDINANCE NO. 11— 2001 The Clerk read Ordinance No. 11 — 2001 — A GENERAL ORDINANCE AMENDING SECTION 154.43.02 OF THE CITY OF RICHMOND CODE REGARDING BILLBOARDS Bever said that over the course of the last few weeks as the general sign ordinance was going through its hearings and discussions the billboards have been a point of concern. He said they looked for a way to, administratively, place a moratorium on the large billboards within the commercial areas of the City and found no way that the administration could refuse people permits, refuse them when right now the zoning ordinance in place allows that installation of the 600 square foot billboard in all of those areas. He said the only way this can be done is to change the zoning ordinance and a time length could be put on the change and that is what this ordinance does. He said it prohibits all billboards, poster panels in any zoning district within the City which would then effectively place a moratorium on any new billboard permits to be placed anyplace so that would give Council 90 more days to pass the new sign ordinance. He said this would be the only way to stop those who are perhaps going out there, trying to get permits and erect those billboards as a last chance to be a non- conforming billboard following the adoption of the new sign ordinance. Bever also stated that he had added a third section about the pre-existing signs since the pre-existing signs language from the new ordinance is much more thorough he said he added it to this one. Also, he said, because this affects a zoning portion of the City code, it must be referred to the Plan Commission. He said it is possible that it might come back to Council at its next meeting. President Sharp announced that Ordinance No. 11— 2001 would go to the Plan Commission. ORDINANCES ON SECOND READING AND ENGROSSMENT There were none. ORDINANCES ON THIRD READING There were none. UNFINISHED BUSINESS CALL FOR ADJOURNMENT There being no further business, on a motion duly made, seconded and passed, the meeting was adjourned at 9:25 p.m. ATTEST: Norma Schroeder, Clerk Karl Sharp, President