HomeMy Public PortalAbout11-04-1996 263
PROeEEDINGS-OF-THE-COMMON-COUNCI OF3i#g
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The Common Council of the City of Richmond, Indiana met in regular session at 7:30 p.m. Monday,
November 4, 1996, in,the Council Chambers in said City. President Geneva"Gene"Allen presided with the
following Councilmembers present: Howard "Jack" Elstro, Etta Lundy, Bruce Wissel, Sarah "Sally" Hutton,
Alan Stamper, Bing Welch and Larry Parker. Absent was Bob Dickman. The following business was had
to-wit:
• PLEDGE OF ALLEGIANCE,
• PRAYER BY COUNCILMEMBER PARKER
1'
1 ROLL CALL
1-
1 Eight present. President Allen announced that Councilmember Dickman is out of town on business.
1.
1- APPROVAL OF MINUTES OF OCTOBER 21,1996
1:
1 Councilmember Parker moved to approve the minutes of October 21, 1996, second by Councilmember
1: Welch and the motion was carried on a unanimous voice vote.
1•
2. COMMUNICATIONS FROM THE MAYOR
21
2- City Controller Shelley Miller noted that she had distributed two items from Mayor Dennis Andrews.One,she
2 said, is referring to his absence and the other is about the meeting with the RP & L Board with the G.I.S.
2 information.
2-
2: PRESENTATIONS OF REMONSTRANCES,PETITIONS, MEMORIALS OR PUBLIC COMMENTS
2
2: President Allen said she had received today Ordinance No. 116 - 1996. Councilmember Hutton moved to
2• open the agenda and add Ordinance No. 116- 1996, second by Councilmember Welch and the motion died
3, for the lack of a unanimous vote. Councilmember Wissel voted against adding it to the agenda.
31
3. REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY
3
3,1 Minutes of the meetings from September 12 through October 10, 1996 were distributed to Councilmembers
3- in their packets.
3:
3 REPORTS FROM CITY DEPARTMENTS
3:
3• REPORTS FROM SPECIAL COMMITTEES
4.
41 REPORTS FROM STANDING COMMITTEES
4
REPORTS FROM ORGANIZATIONS
4
Councilmember Wissel reported on the meeting of the Economic Development Commission held this
4 afternoon, noting that updates had been received on several new projects. He said these included the
4 telemarketing company which would hire up to 400 people and that looked good; an unknown type of
48 industry which would employ up to 125; another with a capital investment of $200 million with 300
49+1+ employees and is a steel manufacturing company; also a food processing firm which would employ up to
50' 1,770 people with an $85 million investment; and, Alcoa has received an offer on its plant and equipment
511 from a northeastern organization that is 2/3 union organized and has a company product that would be
5 compatible with the operations that are currently here. He said they are expected to know something within
5 the next 90 days.
5•
55 MISCELLANEOUS BUSINESS
5.
5 President Allen announced that Council needs to appoint someone to the Police Merit Commission and
58 Councilmember Lundy said she wished to appoint the Rev. Larue Griffin who is now serving and wishes to
59 continue. She said his three-year term would begin November 16, 1996. She moved to reappoint the Rev.
60 Griffin,second by Councilmember Hutton and the motion was carried on a voice vote.
61
6 Councilmember Elstro said he would like a study made by the Traffic Safety Divison on the parking on South
63, 7th, 8th and 9th streets from South E to South L. He said all those streets are hazardous. He asked the
6. Clerk to pass that information on to whom it may concern. Councilmember Stamper agreed with
65 Councilmember Elstro about the danger with the cars parked too close to the intersections.
264
Common Council Minutes Cont'd
November 4, 1996
Page 2
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1 ORDINANCES
2
3 ORDINANCES ON FIRST READING
4
5 Councilmember Elstro moved to suspend the rules and read Ordinances 110, 111, 112, 114, and 115-199.
6 on first reading by title only and Ordinance No. 113- 1996 in its entirety, second by Councilmember Parker
7 and the motion was carried on a unanimous voice vote.
8
9 ORDINANCE NO, 110-1996
10
11 The Clerk read Ordinance No. 110- 1996-A SPECIAL ORDINANCE AMENDING THE ZONING MAP FO'
12 REAL ESTATE AT LOT 41 SS, IN THE 900 BLOCK OF NORTH H STREET
13
14 President Allen said Ordinance No. 110- 1996 would go to the Planning Commission with a public hearin•
15 November 26 and return to Council December 2.
16
17 ORDINANCE NO,111 -1996
18
19 The Clerk read Ordinance No. 106- 1996-A SPECIAL ORDINANCE AUTHORIZING THE APPROVAL 0
20 A STATEMENT OF BENEFIT FOR A PROPERTY OWNER APPLYING FOR DEDUCTIONS UNDER I. .
21 6-1.1-12.1
22
23 Councilmember Stamper said he had no report, stating that he had a meeting scheduled next week wit
24 GRAPHCOR. President Allen said the ordinance would remain on first reading.
25
26 ORDINANCE NO.112-1996
27
28 The Clerk read Ordinance No. 112- 1996-A GENERAL ORDINANCE AMENDING CHAPTER 119 OF TH
29 CITY-OF RICHMOND CODE
30
31 President Allen called attention to the fact that Councilmembers had been given a revised copy of the
32 ordinance and asked them to destroy the ordinance they had received in their packets.
33
34 Assistant City Attorney Steve Rabe explained that the Department of Law, in conjunction with the Ci
35 Controller's office, the Traffic Safety Division and both local taxi cab companies have been involved wit
36 redrafting these portions of the chapter of the code which regulates the use of cabs within the City.
37
38 He noted that the changes should include that the definition of taxi cabs would be expanded to includ',:
39 limousines and shuttle service. Also, according to the code, no cabs older than five years should be i'
40 operation, has not been enforced for awhile and in discussing it with the Police Department it was felt th':
41 issue was not the age of the cabs but the safety,thus the elimination of the five year requirement and in it-
42 place an annual inspection. That would include an inspection by a licensed mechanic and four inspection-
43 per year, which would take place quarterly, for brakes, turn signals and cleanliness. Rabe said the curre t
44 license fee of$60 for each cab operated will be increased to$75.
45
46 Another item in the code which is outdated, Rabe said, is that previously the City issued small license plate.
47 which had to be placed on the back of the cabs and these have been eliminated and replaced by a
48 inspection sticker on the windshield. He said an addition was made to the section in which it prohibited th-
49 use or consumption of any alcoholic beverages which was the use of controlled substances including th
50 use or posession by any cab driver. He said the limits of liability that cabs have to carry under this ordinanc-
51 have been increased to $1 million and the fines for violation of this portion of the chapter have bee.
52 increased to$100.
53
54 The final change, Rabe said, would require the cab company to have five-inch permanent lettering on bot
55 the driver and passenger side doors of the name of the cab company and the telephone number. He saio
56 this change was in response to the number of complaints received about people using unmarked cars f•
57 cabs. Rabe added that representatives of both cab companies plan on attending the November 18 Counc I
58 meeting when this is scheduled to be on the agenda.
59 .
60 In answer to a question posed by Councilmember Parker about who would be responsible and perform th
61 quarterly inspections, Rabe said the way the ordinance reads that would be up to the Traffic Safety Divisio
62 which will also set the times for those inspections. He added that the license issued to the cabs will hav
63 four designated places on them where certification can be marked as they pass each inspection. Preside t
64 Allen said this ordinance will stay on first reading.
65
265
• . I
Common Council Minutes Cont'd ,
November 4,•1996
Page 3
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1 ORDINANCE NO.113-1996
2
3 The Clerk read Ordinance No. 113 - 1996- AN APPROPRIATION ORDINANCE AUTHORIZING THE CITY
4 OF RICHMOND TO RECEIVE A DONATION
5
17 6 ""WHEREAS,the City of Richmond, Indiana, has the option of accepting or rejecting donations for a specific
purpose and
"WHEREAS, the acceptance of a donation for a specific purpose constitutes the appropriation of such
10 property for the intended purpose,
11
1 "NOW, THEREFORE, be it ordained by the Common Council of the City of Richmond, Indiana, that a
1 donation of$704.00 from the Crockett family of Richmond, Indiana to be used to purchase a memorial bench
1 and plaque in the Rose Garden at Glen Miller Park, is hereby accepted and gratefully acknowledged by the
V citizens of Richmond."
1
117 Councilmember Welch moved to suspend the rules and advance Ordinance No. 113 - 1996 to second
1 reading and read by title only,second by Councilmember Hutton and the motion was carried on a unanimous
1 voice vote.
2
2 The Clerk read Ordinance No. 113-1996 on second reading.
2
2 President Allen declared Ordinance No. 113-1996 on public hearing. There being no comments either for or
2• against the ordinance, Councilmember Welch moved for engrossment, second by Councilmember Hutton
2• and the motion was carried on a unanimous voice vote.
2.
2r Councilmember Welch moved to suspend the rules and advance Ordinance No. 113- 1996 to third and final
2: reading and read by title only,second by Councilmember Parker and the motion was carried on a unanimous
2; voice vote.
3,
3 The Clerk read Ordinance No. 113- 1996 on third reading.
3,
3: Ordinance No. 113- 1996 was adopted on the following call of the roll:
3,
3. Ayes: Elstro, Lundy,Wissel,Hutton, Stamper,Welch, Parker and Allen (8)
3. Nays:None
3
3: Councilmember Wissel thanked the Crocketts for their generous donation.
3:
41 ORDINANCE NO.114-1996
4
4' The Clerk read Ordinance No. 114- 1996 -A SPECIAL ORDINANCE AUTHORIZING THE APPROVAL OF
4: A STATEMENT OF BENEFIT FOR A PROPERTY OWNER APPLYING FOR DEDUCTIONS UNDER I.C.
' 6-1.1-12.1
4,
4. Councilmember Stamper said he had not met with the company and asked that the ordinance be held on first
4 reading.
4:
4' ORDINANCE NO.115-1996
54
5 The Clerk read Ordinance No. 115 - 1996 -A GENERAL ORDINANCE AMENDING CHAPTER 58 OF THE
5' RICHMOND CODE REGARDING LANDFILL FEES.
5
5 City Attorney Bob Bever said this ordinance should be held on first reading with the public hearing required at
5. the next Council meeting.
5,,
5 Ralph Willis, director of the Sanitary Department came forward to offer some explanation of the ordinance.
5: He said it had been three years since the rate charged for the trash driven over the scales at the landfill was
5° raised. He said they started something new in January 1995, noting that the landfill is basically funded
6: entirely by the revenues which come through the gate. He said there have been a number of legislative
6 changes since 1993 causing more money to be spent to operate the landfill. He said the last thing was put in
6 in the fall of 1995 and that was when they spent$1.5 million on a new liner. He said they are in the process
6. of building a new landfill that will be open in November 1997 and the same kind of liner is required to be put
6, under that as well as a cover over the top which will cost another$8 million or$9 million. He said the costs
6 are growing astronomically and the rate increase is needed to try to keep up with them.
266 •
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Common Council Minutes Cont'd
November 4, 1996 •
I age-4
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1 Councilmember Wissel made some comments about services offered outside the City limits a d
2 Councilmember Stamper had some questions about a.reduction in property taxes. Bever commented th t
3 the issue before Council tonight is Ordinance No. 115 - 1996 which is regarding landfill fees. He explain d
4 that because Council is a fiscal body and the fiscal body is to approve the rates regarding the landfill fe s
5 according to state law it would be helpful to keep the comments to that agenda item. President Allen s-id
6 she was about to make the same comment.
7
8 Councilmember Parker asked if yard waste falls under any of the categories and Willis said there is o
9 charge for it because he feels it would cut down on the incentive to ask people not to put it in the landfill. e
10 said they are going to try to keep the yard waste at no cost and try to use the fees to operate this mo e
11 expensive landfill.
12
13 Responding to the statement made by Councilmember Wissel earlier, Bever said he is told by t e
14 department that a large portion of their business is regular trash, adding that there is an $8 difference or 3
15 percent rate difference in residential and non residential charges.
16
17 President Allen said the public hearing on Ordinance No. 115 - 1996 will be at Council's next meeti g
18 November 18.
19
20 ORDINANCES ON SECOND READING
21
22 ORDINANCE NO.106-1996
23
24 The Clerk read Ordinance No. 106- 1996-A SPECIAL ORDINANCE AUTHORIZING THE APPROVAL •F
25 A STATEMENT OF BENEFIT FOR A PROPERTY OWNER APPLYING FOR DEDUCTIONS UNDER I. .
26 6-1.1-12.1
27
28 Councilmember Stamper explained Frickenshear American is doing a patented process and product which s
29 a vent on the air conditioning in the car which is now made with plastic and installed with pins and p t
30 together. He said the company has a process where they can mold from three separate directions and thr:e
31 different colors all the same time, getting more exact tolerances and making that entire piece out of plasti .
32 He said it comes out already formed ready to go on the vehicle. He said the company is planning on putti g
33 a total of four lines producing this and they already have a nice contract with Jeep to produce this produ .
34 He said it will mean 32 new jobs and the company expects to see more expansion in the future.
35
36 President Allen declared Ordinance No. 106-1996 on public hearing.There being no comments either for r
37 against the ordinance, Councilmember Elstro moved for engrossment, second by Councilmember Hutt n
38 and the motion was carried on a unanimous voice vote.
39
40 Councilmember Hutton moved to suspend the rules and advance Ordinance No. 106- 1996 to third and fin:1
41 reading and read by title only,second by Councilmember Elstro and the motion was carried on a unanimo s
42 voice vote.
43
44 The Clerk read Ordinance No. 106-1996 on third reading.
45
46 Ordinance No. 106- 1996 was adopted on the following call of the roll:
47
48 Ayes:Elstro, Lundy,Wissel, Hutton,Stamper,Welch, Parker and Allen (8)
49 Nays: None
50 Absent: Dickman
51
52 ORDINANCE NO-107-1996
53
54 The Clerk read Ordinance No. 107- 1996 -A SPECIAL ORDINANCE AUTHORIZING THE APPROVAL 0
55 A STATEMENT OF BENEFIT FOR A PROPERTY OWNER APPLYING FOR DEDUCTIONS UNDER I. .
56 6-1.1-12.1
57
58 Councilmember Stamper explained that Cinram Inc. is looking at new production in a printing machine an'•
59 associated equipment which is a $630,000 investement, noting that the company has invested $10 millio
60 within this community in the past three years.
61 .
62 President Allen declared Ordinance No. 107-1996 on public hearing.There being no comments either for•r
63 against the ordinance, Councilmember Wissel moved for engrossment, second by Councilmember Hutto
64 and the motion was carried on a unanimous voice vote.
65
267
Common Council Minutes Cont'd
November 4, 1996
Page 5
I Councilmember Lundy moved to suspend the rules and advance Ordinance No. 107- 1996 to third and final
2 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. 107- 1996 on third and final reading.
Ordinance No. 107-1996 was adopted on the following call of the roll:
Ayes:Elstro, Lundy,Wissel,Hutton, Stamper,Welch, Parker and Allen (8)
1. Nays:None
1 Absent:Dickman
1 '
1' ORDINANCES ON THIRD READING
1 There were none.
1
1 UNFINISHED BUSINESS
1:
1^. Councilmember Wissel said he would like to make arrangements to get some of the documentation on the
2. rate hearing case before Ordinance No. 116 - 1996 comes before Council again. President Allen said she
2 r understood that Huffman would get that information to all the RP & L Board members. Councilmember
2 Hutton asked if a special meeting will be needed and Bever said he was going to ask the same thing.
2:
2- Craycraft said he had never had this experience before, commenting that what he needs is an ordinance for
2, evidentiary purposes. He said he apologized to Council for not bringing it to them in a more timely manner
2. but he had assumed this would not be an issue. He said if he does not get an ordinance passed on first
2 reading then he can either move for a leave to late file and exhibit. He said he considers the ordinance to be
2: merely ministerial and seeking to reduce the rates overall as well as to the industrial class which is what the
2° case is about. He said he highly doubts if anyone is going to raise the technicality.
30
3 President Allen asked the question whether the RP & L Board approving is not the same as the legislative
3 body reading the ordinance. Bever said that is correct, adding that in that particular duty the RP & L Board
3 only recommended any change in the rates but the legislative body,which is the Council, has to approve that
3% before any rates are implemented. He added that not only Council has to approve it but the rate commission
3 also has to approve them.
3.
3' Bever asked Craycraft if it is out of the ordinary to accept supplemental exhibits following the hearing and
3: Craycraft answered that it is not. Bever then stated that if Council passed the ordinance at its next meeting
3 could it be submitted as a late filed exhibit to the commission. Craycraft said it could be and would not have
40 an adverse consequence. He said it would be a part of the evidentiary record that would be submitted to the
4 commission and it would consider the case and make a decision. He added that it is highly unlikely that the
4 commission will agree with the filing as it has been made, stating that the commission will issue its order and
that order will have to be followed then the Council will have to take action to implement the order.
4,
4 Councilmember Welch asked whether or not it would be in line for Craycraft to make this submission to the
4: commission of this ordinance and Craycraft said that had already been done and all he needs is the
4 signatures of Councilmembers. Bever asked, if for any reason,this legislative body decides to change any of
4: these rates does that jeopardize them to do that after a preliminary exhibit has been given to the
4' commission. Craycraft answered that it would present a problem from an evidentiary standpoint but if that
5. happens it will have to be dealt with which may raise the issue of seeking to continue the case. Bever said
5 that would be the case if Council had made changes to it tonight and Craycraft answered that any changes
5= made after submitting the testimony raises the issue with the respect to conforming the evidence when it is
5 offered at the hearing to what the ordinance is. He added that if there is not an ordinance from the Council
5 then the evidentiary record cannot be closed. Councilmember Elstro said a special meeting could be called.
5' President Allen said she feels that several Councilmembers wish to read the information received on the
5: ordinance before it is discussed.
5
5: ADJOURNMENT
5'
61 There being no further business,on a motion duly made,seconded and passed,the meeting was adjourned.
61
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6
6,
6-
Geneva"Gene"Allen, President
ATTEST:
Norma Schroeder, City Clerk
268