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HomeMy Public PortalAbout03-03-1997 :, -21 PROC E alistOS-AF T-H M CttMtHE etfY-OF=RAG—I-IMOND. INDIANA;MONoA AReH--`-999 1 The Common Council of the City of Richmond, Indiana met in regular session at 7:30 p.m. Monday, March -- - 2 3, 1997, in the Council Chambers in said City. President Bob Dickman presided with the following II 3 Councilmembers present: Howard "Jack" Elstro, Etta Lundy, Bruce Wissel, Sarah "Sally" Hutton, Geneva 4 "Gene"Allen, Alan Stamper, Bing Welch and Larry Parker. The following business was had to-wit: 5 6 COLOR GUARD BY GIRL SCOUTS PLEDGE OF ALLEGIANCE 1' PRAYER BY COUNCILMEMBER WISSEL 1 1 r ROLL CALL 1: 1, Nine present. 1• 1• APPROVAL OF MINUTES OF FEBRUARY 18,1997 1i 1: Councilmember Hutton noted that the name on line 17 on page 2 should be Bill Quigg not jinn Quigg and 1• moved, if there were no other corrections that the minutes be approved, second by Councilmember Wissel 20 and the motion was carried on a unanimous voice vote. 2 2' COMMUNICATIONS FROM THE MAYOR 2: 2. PRESENTATIONS OF REMONSTRANCES. PETITIONS, MEMORIALS OR PUBLIC COMMENTS 2. 2. In the absence of Linda Ledford who was to speak about the Richmond/Wayne County Chamber of 2r Commerce's project "Operation Cleansweep," Councilmember Hutton explained the project. She said the 2: date is Saturday,April 19, and noted that they as Councilmembers will be cleaning up their newly designated 2: are on North West 5th Street along with all the other volunteers. 30 31 Se wd R 3 Wheaynesaid County theChamber Courthouse is conc to thentrating Krogeron Plazathecorridors and Routeof the 27 City North hich on 9thinclu Streete oute from40 Northeast J tofrom Reidthe 3 Hospital as well as other areas. She said neighborhood associations will be working together to clean up the 3 main thoroughfares in their areas and the street department will be on hand to clean the debvris that will be 3 swept off the sidewalks into the street. She said the purpose of the project is to build community pride, a 41 3 positive community appearance and create a positive attitude. She said last year 200 people worked 3 together in the rain, but she is hopeful the weater will be nicer and perhaps bring more people out to help. 3 3 David Wells, an economics professor at Earlham College and a member of Citizens for a Better Richmond, 4 expresed his concerns and those of the committee over the proposed renovation of dowtown Richmond. He 4 said the committee believes the project can and must do more than address the immediate accessibility 4 needs of the downtown retailers. His suggestions included children play areas, science discovery exhibits, museum exhibits and strong connections to the gorge project. He invited everyone to a meeting March 17 to 4 discuss improving the current plan so as to better accomplish what he referred to as shared priorities. 4 Copies of that information were distributed to the Councilmembers. 4. 4 REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY 4: 4^ Included in the Council packets were the minutes of the meeting held February 6, 1997. 50 5 REPORTS FROM CITY DEPARTMENTS 5. 5 REPORTS FROM SPECIAL COMMITTEES 5• 5' REPORTS FROM STANDING COMMITTEES 5• 5 REPORTS FROM ORGANIZATIONS 5: 5^ MISCELLANEOUS BUSINESS 60 6 ORDINANCES 6 6 ORDINANCES ON FIRST READING 6. 6' Councilmember Elstro moved to suspend the rules and read Ordinances No.19, 20, 21 - 1997 on first reading by title only, and Ordinance No. 22 - 1997 in its entirety, second by Councilmember Wissel and the motion was carried on a unanimous voice vote. Common Council Minutes Cont'd March 3, 1997 Page 2 1 ORDINANCE NO.19-1997 2 3 The Clerk read Ordinance No. 19-1997-A GENERAL ORDINANCE AMENDING SECTION 97.02 OF THE 4 CITY OF RICHMOND CODE 5 6 Assistant City Attorney Steve Rabe explained that the ordinance incorporates changes recommended by :he 7 Street Tree Commission. He noted that Councilmembers were given another copy of the rodinance, stating 8 that two changes had been made to 97.02 D. He said the first of these changes include adding an 11th 9 member to the Street Tree Commission which is the Superintendent of the Department of Parks & 10 Recreation or someone designated by the superintendent. The second change is referring to the directo of 11 the Department of Public Works and Engineering which is a change of title from the previous ordinance ind 12 allowing that person to designate an employee from that department to serve in that capacity. 13 14 Councilmember Elstro moved to suspend the rules and advance Ordinance No. 19- 1997 to second read ng 15 and read by title only, second by Concilmember Wissel and the motion was carried on a unanimous voice 16 vote. 17 18 The Clerk read Ordinance No. 19- 1997 on second reading. 19 20 President Dickman declared Ordinance No. 19 - 1997 on public hearing. There being no coments either for 21 or against the ordinance, Councilmember Elstro moved for engrossment, second by Councilmember Wissel 22 and the motion was carried on a unanimous voice vote. 23 24 Councilmember Lundy moved to suspend the rules and advance Ordinance No. 19 - 1997 to third and fi al 25 reading and read by title only, second by Councilmember Elstro and the motion was carried on a unanimous 26 voice vote. 27 28 The Clerk read Ordinance No. 19- 1997 on third reading. 29 30 Ordinance No. 19- 1997 was adopted on the following call of the roll: 31 32 Ayes:Elstro, Lundy,Wissel, Hutton,Allen, Stamper,Welch, Parker and Dickman (9) 33 Nays:None 34 35 ORDINANCE NO.20 -1997 36 37 The Clerk read Ordinance No. 20 - 1997 - A SPECIAL ORDINANCE AMENDING THE ZONING MAP .T 38 609 NORTHWEST"L"STREET 39 40 President Dickman said Ordinance No.20-1997 would go to the Planning Commission. 41 42 ORDINANCE NO. 21 -1997 43 44 The Clerk read Ordinance No.26- 1997-A SPECIAL ORDINANCE AUTHORIZING THE APPROVAL 0' A 45 STATEMENT OF BENEFITS FOR A PROPERTY OWNER APPLYING FOR DEDUCTIONS UNDER I'C. 46 6-1.1-12.1 47 48 Councilmember Stamper explained this request for a tax abatement is made by Mosey Manufacturing wh ch 49 is continuing its plan laid out over a year ago and is continuing to invest in the Richmond community. e 50 said the company is again inveting well over $1 million into the community. He suggested holding he 51 ordinance and bringing it back on second reading at the March 17 meeting. 52 53 ORDINANCE NO. 22-1997 54 55 The Clerk read Ordinance No. 22 - 1997 - AN APPROPRIATION ORDINANCE AUTHORIZING THE CI 56 OF RICHMOND TO RECEIVE A DONATION 57 58 "WHEREAS the City of Richmond, Indiana, has the option of accepting or rejecting donations for a spec fic 59 purpose and 60 61 "WHEREAS the acceptance of a donation for a specific purpose constitutes the appropriation of s ch 62 property for the intended purpose. 63 64 "NOW, THEREFORE, be it ordained by the Common Council for the City of Richmond, Indiana, that he 65 following donations made during 1996 for the Cardinal Greenway project are hereby accepted, appropria ed to expense account number 850-85-850-8501-4-4319 (Cardinal Greenway), and gratefully acknowledged by the citizens of Richmond: ,323 Common Council Minutes Cont'd Mafeh-- 07 Page-3 1 "Richmond Community Schools, Earlham College, Richmond, High School, Miscellaneous Donations and — - 2 Belden Wire&Cable." 3 4 Councilmember Allen moved to suspend the rules and advance Ordinance No. 22 - 1997 to second reading 5 and read by title only, second by Councilmember Hutton and the motion was carried on a unanimous voice 6 vote. 7 8 The Clerk read Ordinance No. 22- 1997 on second reading. 9 0 President Dickman declared Ordinance No. 22- 1997 on public hearing. Speaking in support of the ordinance 1 was Stan Lambert, superintendent of Parks & Recreation, who noted the funds help support the rail and trail 2 effort here in Richmond and Wayne County and are used here by the local steering committee. He added 3 that the Richmond High School Green Club is involved in the project and he spoke highly of the club which, 4 he said, is actively involved and led by interested students. Hearing no further comments for and none 5 against the ordinance, Councilmember Lundy moved for engrossment, second by Councilmember Hutton 6 and the motion was carried on a unanimous voice vote. 7 8 Councilmember Hutton moved to suspend the rules and advance Ordinance No. 22 - 1997 to third and final 9 reading and read by title only,second by Councilmember Wissel and the motion was carried on a unanimous .0 voice vote. :1 2 The Clerk read Ordinance No.22- 1997 on third reading. %3 4 Ordinance No.22- 1997 was adopted on the following call of the roll: '5 •6 Ayes: Elstro, Lundy, Wissel, Hutton,Allen, Stamper,Welch, Parker and Dickman (9) 7 Nays:None .8 .9 ORDINANCES ON SECOND READING 0 1 There were none. 2 3 ORDINANCES ON THIRD READING 4 5 There were none. 6 7 UNFINISHED BUSINESS 8 9 President Dickman asked City Attorney Bob Bever what actions Council should take, if any, on Ordinance •0 No. 15- 1997 which they had been notified had been withdrawn through a vote by the Planning Commission ,1 at the request of the petitioner in a letter dated February 25, 1997. •2 •3 Bever responded that it was his opinion it needed no action by Council but stated he would look at the code •4 and get back to Council if any action needs to be taken. •5 •6 Clerk Schroeder explained that the reason for the Girl Scouts being here tonight is to bring attention to the •7 celebration of the 85th birthday of Girl Scouting which is planned March 12. She said it is hoped that enough •8 Girl Scouts will join together to form a circle around the Wayne County Courthouse at 5 p.m.on that day. •19 -0 Councilmember Elstro expressed a concern about the condition of the streets in the areas where utilities do -1 repair work. He said he had talked with Bill Smith, manager of the street department, and suggested that he -2 and the City Engineer get together and write an ordinance which states that the utility should pave the entire -3 street once they have made their repairs. He also mentioned the manholes which, he said, are down about 3 -4 to 4 inches in the street. Bever said he could look back on the original easements of any utility and it could -5 mean just enforcing the terms in them requiring them to put the streets back in the condition they were in. He -6 said he could not be sure about any certain timing. Councilmember Parker asked if anyone goes out and -7 checks on the repair work being done by the utilities. -8 g City Engineer Bob Wiwi stepped forward and commented that his department requires the contractor or utility .0 that cuts into a street to get a permit, adding that he has a person who works part time in his office do a :1 follow up on those permits and does spot checking. He stated that in many cases when those cuts are made the City ends up with a street that is less structurally sound than it was before the work was done. He also 512 3 said that in many cases his department has stopped utilities from making cuts. As an example, he said, one 4 utility wanted to start a large project in December but was told that they would not be issued a permit because of the time of year. 4'' y Common Council Minutes Cont'd March 3, 1997 1-age-4 1 Wiwi said the contractors and utilities are encouraged to make those cuts under sidewalks or behind the 2 curbs whenever possible. Councilmember Parker asked whether or not there is a provision for a fine in the 3 existing ordinance addressing cuts in the street by utilities. Learning that there is such a provision, he asked 4 Wiwi if anyone had ever been fined?Wiwi answered that they had come close to fining someone but sc far 5 had not done that. He said his office does refuse to issue permits until a utility has cleaned up the area of the 6 previous cut. He added that his department does have people on staff monitoring that work, adding tha: he 7 would be willing to work with Smith and Assistant City Attorney Steve Rabe to see if they can renew and 8 revise the utility cut requirements in place now. 9 10 In response to Councilmember Elstro's comments about the manholes, Wiwi said since the street paving is 11 contracted out the paving gets done quicker than the manholes can be raised. He said he realizes the ork 12 needs to be done but he has limited staff available to do that work. Councilmember Wissel said he also has 13 had some conversation with Smith who assured him the work will be done in a timely manner. He also as ed 14 Bever what happens when a utility goes through a private parking lot to make its repairs and Bever st.ted 15 that the issue is between the owner and the utility. 16 17 ADJOURNMENT 18 19 There being no further business, on a motion duly made,seconded and passed the meeting was adjourn-d. 20 21 22 23 24 25 26 Robert Dickman, President 27 28 29 30 31 32 ATTEST: 33 Norma Schroeder, City Clerk 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65