Loading...
HomeMy Public PortalAbout12-18-1995 121 1 The Common Council of the City of Richmond, Indiana met in regular session at 7:30 p.m. Monday, 2 December 18, 1995, in the Council Chambers in said City. President Sarah "Sally" Hutton presided with the 3 following Councilmembers present: Gene Allen, Jane Brookbank, Bob Dickman, Mary Ellen Donat, Howard 4 "Jack"Elstro, Don McBride and Larry Parker.Absent was Etta Lundy.The following business was had to-wit: 5 6 PLEDGE OF ALLEGIANCE 7 8 PRAYER BY COUNCILMEMBER PARKER 9 10 ROLL CALL 11 12 Eight present. 13 14 APPROVAL OF MINUTES OF DECEMBER 4. 1995 15 16 Councilmember Allen moved to approve the minutes,second by Councilmember Parker and the motion was 17 carried on a unanimous voice vote. 18 19 COMMUNICATIONS FROM THE MAYOR .0 -1 PRESENTATIONS OF REMONSTRANCES. PETITIONS.MEMORIALS OR PUBLIC COMMENTS -2 -3 Mark Boggs, 717 South 7th Street, stepped forward saying he had some comments about reassessments. -4 He noted that land values went up as well as structural values. He said it presents a major problem in that property owners who want to do something with their properties to make them better are penalized with a 6 higher assessment which makes their taxes go up. He suggested tax breaks for landlords and these could -7 be staggered over the years, breaking it down into five or seven year plans. In the reassessment, Boggs -8 said, his property at 921 South A Street had been previously assessed for$530 for the land and $4,830 for -9 the structure. The reassessment, he said, is $12,640. He added that if he had not made the improvements 0 on the property the building would have been an eyesore and the City would have had to tear down the 1 structure then would have a lot where the weeds would have to be mowed. He added that the lot would not be paying any money on the tax roles and now there are five families living in that renovated structure making it an income producing property and paying taxes. Boggs cited two more properties which he has improved and the added cost due to reassessment. President Hutton said the City Council sets the taxes for the City but the reassessments are done by the Wayne Township Assessor. Councilmember Dickman commented that all of us have a vested interest in this 167 community and he said Boggs brought up a good point which is property is of no value and not generating 99 any income and someone comes along and turns it into something and is penalized for it. He suggested that 10 possibly the City could entice owners to take an abandoned property and turn it into something and he feels 1 Council should take heed to his comments and send him to the County immediately. Boggs said he had made an appointment to appeal the assessments Tuesday. Councilmember Elstro said he had talked to Boggs on the telephone earlier about his problem. He said there are older homes in town just sitting there and the City ought to be able to work with him to get them back to 6 the tax rate. He added that he thought staggering them over the years was a good idea and possibly something for the new administration to work on. REPORT FROM CITY DEPARTMENTS 5I 5 REPORT FROM OTHER OFFICES 5' 5c REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY 5. 5. Minutes of the November 30 and December 7, 1995, meetings were in the Council packets. 5. 5 Councilmember Allen asked about the account in the December 7 minutes of the Board of Works concerning 5: the $5,000 donation made to D.A.R.E. by the Eagles. City Attorney Thomas Milligan commented that the 5: Richmond Police Department routinely waits until they get several gifts, contact his department and then 6. they are put into an ordinance. 6 6P REPORTS FROM SPECIAL COMMITTEES 6c 6 REPORTS FROM STANDING COMMITTEES 6. Councilmember Brookbank reported on the aviation board, stating that the legal agreement between the airport and the Stewarts was discussed, noting the Stewarts want to expand their business. I 22 Common Council Minutes Cont'd December 18, 1995 Page 2 1 Councilmember Allen said she attended the Wayne County Council on Aging and Aged meeting wh re 2 Flossie Cordes received the Sagamore of the Wabash award with both Senator Allen Paul nd 3 Representative Dick Bodiker present. She noted that Mike Wilson was also honored as the volunteer of he 4 year. 5 6 REPORTS FROM OTHER COUNCIL COMMITTEES 7 8 ORDINANCES 9 10 ORDINANCES ON FIRST READING 11 12 Councilmember Brookbank moved to suspend the rules and read on first reading by title only Ordinanqes 13 No. 98, 99, 100, 101 and 102 - 1995 and Ordinance No. 97- 1995 in its entirety,second by Councilmember 14 Dickman and the motion was carried on a unanimous voice vote. 15 16 ORDINANCE NO. 97-1995 17 18 The Clerk read Ordinance No. 97 - 1995 - AN APPROPRIATION ORDINANCE AUTHORIZING THE CI 19 OF RICHMOND TO RECEIVE A DONATION 20 21 "WHEREAS the City of Richmond, Indiana, has the option of accepting or rejecting donations for a spe fic 22 purpose, and 23 24 "WHEREAS the acceptance of a donation for a specific purpose constitutes the appropriation of s ch 25 property for the intended purpose, 26 27 "NOW, THEREFORE, be it ordained by the Common Council of the City of Richmond, Indiana, tha a 28 donation of $537 from the Wayne County, Indiana, Foundation to the RSVP program administered by he 29 Department of Parks and Recreation to be used for the purchase of three sewing machines is gratef Ily 30 acknowledged by the citizens of Richmond." 31 32 Councilmember Dickman moved to suspend the rules and advance Ordinance No. 97 - 1995 to sec d 33 reading and read by title only, second by Councilmember McBride and the motion was carried o a 34 unanimous voice vote. 35 36 The Clerk read Ordinance No. 97- 1995 on second reading. 37 38 President Hutton declared Ordinance No. 97- 1995 on public hearing. There being no comments either or 39 or against the ordinance, Councilmember Dickman moved for engrossment, second by Councilmem er 40 Allen and the motion was carried on a unanimous voice vote. 41 42 Councilmember Parker moved to suspend the rules and advance Ordinance No. 97- 1995 to third and fi al 43 reading and read by title only, second by Councilmember McBride and the motion was carried on a 44 unanimous voice vote. 45 46 The Clerk read Ordinance No. 97- 1995 on third reading. 47 48 Ordinance No. 97- 1995 was adopted on the following call of the roll: 49 50 Ayes:Allen, Brookbank, Dickman, Donat, Elstro, McBride, Parker and Hutton (8) 51 Nays:None 52 Absent: Lundy 53 54 ORDINANCE NO.98-1995 55 56 The Clerk read Ordinance No. 98 - 1995 - A GENERAL ORDINANCE AMENDING CHAPTERS 72, 73, 4 57 OF THE RICHMOND CODE 58 59 Explaining the ordinance, City Attorney Thomas Milligan said 35 years ago, in 1960, the City adopte a 60 traffic code and it is in the City code book in Chapters 70, 71, 72, 73, 74 and 76. Chapter 75, he said, as 61 adopted in 1978 and Chapter 77 was adopted two years ago. In reviewing what was done 30 years ago a a 62 traffic code, Milligan said, it has been recodified from time to time to straighten out some of the techni al 63 problems. He said amendments were presented for Chapter 72 which relates to pedestrians and Chapter 3 64 which relates to bicycles.Those two, he said, are primarily to incorporate the definition section of Chapter 0 65 which stands alone. Other changes in Chapter 72 and Chapter 73 put the fines into a single section - d spell out what a violation ticket must contain. 123 Common Council Minutes Cont'd December 18. 1995 3 1 He said changes in Exhibit A and Exhibit B incorporate the definition section of Chapter 70 and each chapter 2 sets out the ticketing process,the fine and all,so that it is not necessary to transfer back and forth.The more 3 comprehensive changes, he said, are taking place in Chapter 74 which relates to parking. He stated that the 4 bulk of the parking tickets are issued to unattended vehicles and the most serious violations are$50 for such 5 things as parking in a fire lane or in a handicapped space which is marked and these can be on private or 6 public property.There are a number of$10 fines, Milligan said,for violations which include parking near a fire 7 hydrant and in restricted areas, most of which are marked by yellow curbs. Again, he said, all those tickets 8 are written for unattended vehicles. 9 0 The $5 fines, Milligan said, are issued for overtime parking which is the violation of the two-hour limit in the 1 parking lots within the City as well as on the curbs. He said if that fine is not paid within 14 days a$10 late 2 fee is added and if that is ignored the ticket holder is sent to court where they could pay$78, adding together 3 the original $5 fine, the $10 late fee and and the $63 court costs. However, if, at that time they say they will 4 pay it, he said,they are sent across the street from the Wayne County Courthouse to the City Clerk's office in 5 the Municipal Building where they can pay the$15 and the case is dismissed. If they ignore that,they end up 6 in a default judgment, he said, adding that all that is dictated by a state statute. 7 8 Milligan said in all but about two of the sections in Chapter 74 the ordinance is written so that the operator is 9 the one held responsible and they routinely set out in all the sections,the one who operates a vehicle.All the •0 various types of parking restrictions that are violated, he said, center on the operator of a car. Most tickets •1 are written with no name because no owner is present and the ticket is written stating the license plate :2 number, color and make of the vehicle.A letter is sent from the City Clerk's office, after a late fee is added,to -3 the home of the person in whose name the car is registered, he said, adding that the person who is going to -.4 get the ticket is the owner of the car. :5 -.6 He noted that the biggest single change is to find that either the operator or the owner of an unattended :7 vehicle can be held responsible for violating the ordinance and that is what has been done routinely for 35 •8 years. By the same token, Milligan said, a large number of those tickets are ignored. He said there is a •9 technical flaw in that the ordinance does not specifially prohibit the parking of a vehicle either by the operator .0 being in violation or the owner being in violation.The uniform change in each area, Milligan said, is to find the 1 operator or the owner of an unattended vehicle responsible for the violation. .2 3 The other significant change in each of these sections mentioned, Milligan said, has to do with setting out the .4 fine in that section previously in the code book where it says penalty.Section 74.99 has been done away with 5 because it is just a schedule of fines and offenses and it not complete which led to some problems of .6 enforcement. Concluding, Milligan said, this is a much more understandable document as far as an 7 ordinance used daily by the police officers. 8 9 Councilmember Parker asked about the registration of bicycles and Milligan said that is not enforced and 0 Councilmember Parker noted there are three paragraphs in the ordinance regarding registration, adding that 1 he felt there was no need to have it in there. .2 Councilmember Donat moved to suspend the rules and advance Ordinance No. 98 - 1995 to second reading 4 and read by title only,second by Councilmember Dickman and the motion was carried on a unanimous voice 5 vote. .6 7 The Clerk read Ordinance No. 98- 1995 on second reading. .8 9 President Hutton declared Ordinance No. 98- 1995 on public hearing.There being no comments either for or •0 against Ordinance No. 98 - 1995, Councilmember McBride moved for engrossment, second by •1 Councilmember Brookbank and the motion was carried on a unaninmous voice vote. .2 '3 Councilmember Elstro moved to suspend the rules and advance Ordinance No. 98 - 1995 to third and final •4 reading and read by title only, second by Councilmember Brookbank and the motion was carried on a '5 unanimous voice vote. '6 '7 The Clerk read Ordinance No. 98- 1995 on third reading. '8 '9 Councilmember Parker suggested that in the future Council go over chapter 73 and review it and make some ;0 changes in an effort to clean up some of this section. :1 :2 Ordinance No.98-1995 was adopted on the following call of the roll: :4 Ayes:Allen, Brookbank, Dickman, Donat, Elstro, McBride, Parker and Hutton (8) :5 Nays:None Absent:Lundy I, 24 Common Council Minutes Cont'd December 18, 1995 I age-4 1 ORDINANCE NO.99-1995 2 3 The Clerk read Ordinance No. 99 - 1995 - AN APPROPRIATION ORDINANCE AMENDING THE 1 95 4 BUDGET 5 6 Councilmember Brookbank moved to amend Ordinance No. 99 - 1995, second by Councilmember Dick an 7 and the motion was carried on a unanimous voice vote. 8 9 President Hutton noted the changes according to a letter from Milligan. The third paragraph from the bott m 10 of page one should read: "This ordinance also transfers $15,000 from various salary accounts in the Pu lic 11 Works Maintenance budget to pay for turf equipment that will aerate both golf courses, playing fields, la s, 12 and municipal property generally throughout the City."He also advised Council to disregard the seventh ull 13 paragraph on page two because the request to transfer had been withdrawn. He also noted that he 14 ordinance was revised to reflect those changes as well as an incorrect fund title and the incorrect placem nt 15 of certain transfers in the General Fund. 16 17 City Controller Dennis Grimes explained that this is the last transfer ordinance for the 1995 budget and he 18 referred to Item C which deletes $9,610 from Other Contract Services and adds it to Right Of ay 19 Acquisition. Explaining, Grimes said, it adds the additional costs in the acquistion of the Town and Cou try 20 Motel in the area where South 37th Street will be expanded, adding that residual costs have been hang ng 21 out there that have been since resolved to allow the project to proceed. The other cost for the act al 22 acquisition of the motel, he said,was paid out of the Road and Street Fund in 1992. 23 24 Bonnie Bowser of the Parks& Recreation Department explained Item B, noting that there were a numbe of 25 personnel dollars her department was not able to take advantage of due to the reorganization and wai'ed 26 until fall to begin the interview process so they could make the summer successful. She said they are new 27 doing all the interviews and will have new employees on board before the first of the year. She said t at 28 permitted them to have a number of personnel dollars not used in 1995 and with those dollars they h-ve 29 several capital equipment purchases they need such as buildings for storage and also safety issues -nd 30 things to enhance the community services they have to offer. 31 32 Councilmember Donat moved to suspend the rules and advance Ordinance No. 99 - 1995 to second reading 33 and read by title only,second by Councilmember Dickman and the motion was carried on a unanimous vo ce 34 vote. 35 36 Councilmember Parker asked about what type of shelters at Clear Creek and Middlefork and Bowser s-id 37 both were open air shelters. In answer to a question by Councilmember Elstro about a ball park figure •n 38 Item B, Grimes said it was about $110,000. Bowser said the Parks & Recreation Department relinquish-d 39 something like $133,000 to the administration to help with the budget process and the summer was sp-nt 40 with several of the employees covering two or three positions. And, although they don't want to do t at 41 forever, it did permit extra personnel dollars. 42 43 The Clerk read amended Ordinance No. 99-1995 on second reading. 44 45 President Hutton declared Ordinance No. 99 - 1995 on public hearing. There being no further comme ts 46 either for or against Ordinance No. 99 - 1995, Councilmember Dickman moved for engrossment, second •y 47 Councilmember Brookbank and the motion was carried on a unanimous voice vote. 48 49 Councilmember Brookbank moved to suspend the rules and advance Ordinance No. 99 - 1995 to third a d 50 final reading and read by title only, second by Councilmember Allen and the motion was carried on a 51 unanimous voice vote. 52 53 The Clerk read Ordinance No.99-1995 on third reading. 54 55 Ordinance No. 99- 1995 was adopted on the following call of the roll: 56 57 Ayes:Allen, Brookbank, Dickman, Donat, Elstro, McBride, Parker and Hutton (8) 58 Nays: None 59 Absent: Lundy 60 61 ORDINANCE NO.100-1995 62 63 The Clerk read Ordinance No. 100- 1995-A SPECIAL ORDINANCE AUTHORIZING THE APPROVAL (IF 64 STATEMENTS OF BENEFITS FOR PROPERTY OWNERS APPLYING FOR DEDUCTIONS UNDER I. . 65 6-1.1-12.1 125 Common Council Minutes Cont'd December 18, 1995 Page 5 1 Councilmember Parker said the Tax Abatement Committee had met and looked over the statements of a benefits for new manufacturing equipment requested by Belden Wire & Cable, Cinaram, Purina Mills and 5 Spartech Plastics and found them all in order. He said the committee recommended approval. 4 E Councilmember Brookbank moved to suspend the rules and advance Ordinance No. 100 - 1995 to second E reading and read by title only, second by Councilmember McBride and the motion was carried on a 7 unanimous voice vote. 9 The Clerk read Ordinance No. 100- 1995 on second reading. 1C 11 President Hutton declared Ordinance No. 100 - 1995 on public hearing. William Jackson, 1508 Pheasant 12 Run, vice president and controller of Belden,stepped forward to say he was present to answer any questions 1 Council might have. Councilmember Allen commented that it looked like a great project and Jackson thanked 14 the Councilmembers for their cooperation. Councilmember Parker said the investment into the community by 15 Belden is in excess of$7 million. 16 17 Councilmember Elstro said he is going to scrutenize all requests for tax abatements and noted that he would 18 like to vote for Belden but if he did he would have to vote for all four and he did not want to do that. There 19 being no further comments for and none against, Councilmember Brookbank moved for engrossment, 20 second by Councilmember Dickman and the motion was carried on a unanimous voice vote. 21 2. Councilmember Brookbank moved to suspend the rules and advance Ordinance No. 100- 1995 to third and 2 final reading and read by title only, second by Councilmember McBride and the motion was carried on a 2, unanimous voice vote. 25 26 The Clerk read Ordinance No. 100- 1995 on third reading. 2 28 Ordinance No. 100- 1995 was adopted on the following call of the roll: 29 30 Ayes:Allen, Brookbank, Dickman, Donat, McBride, Parker and Hutton (7) 31 Nays: Elstro 32 Absent: Lundy 33 34 ORDINANCE NO.101 -1995 35 36 The Clerk read Ordinance No. 101 - 1995 - AN APPROPRIATION ORDINANCE AMENDING THE 1995 37 BUDGET 38 39 Grimes explained that this ordinance is the budget reconcilitation act for the 1996 budget. The ordinance 40 deletes $10,000 from Election Expense in the Board of Works budget; $26,000 from Insurance out of the 41 Parks and Recreation Fund; $167,000 from Pensions-Eligible and $24,000 from Death Benefits out of the 42 Police Pension Fund; and $210 from Pensions-Retired, $141,623 from Pensions - Eligible, $12,167 from 43 Pensions-Dependents and $6,000 from Death Benefits, all out of the Fire Pension Fund. Grimes said in the 44 recapitulation,the reductions total$387,000 which were made in the City's 1995 budget. 45 46 Councilmember Elstro asked how many dollars have been transferred so far and Grimes answered that the 47 total is $1,203,191 out of the 1995 budget. Grimes said on top of those he had to make additional cuts of 48 $110,000. He added that he had successfuly sought the State Tax Control Board approval in a favorable 49 recommendation for the reallocation of the property tax replacement credit for next year's budget of$384,324 50 but it still has to be passed by the Tax Board of Commissioners when they finally certify the budget which is 51 due by January 15, accoring to state statute. He noted that would be the last hurdle for the 1996 budget. 52 53 Councilmember Dickman moved to suspend the rules and advance Ordinance No. 101 - 1995 to second 54 reading and read by title only, second by Councilmember Brookbank and the motion was carried on a 55 unanimous voice vote. 56 57 The Clerk read Ordinance No. 101 - 1995 on second reading. 58 59 President Hutton declared Ordinance No. 101 - 1995 on public hearing.There being no comments either for 60 or against Ordinance No. 101 - 1995, Councilmember Dickman moved for engrossment, second by 61 Councilmember McBride and the motion was carried on a unanimous voice vote. 62 63 Councilmember Parker moved to suspend the rules and advance Ordinance No. 101 - 1995 to third and final 64 reading and read by title only, second by Councilmember McBride and the motion was carried on a 65 unanimous voice vote. Common Council Minutes Cont'd Page 6 1 Ordinance No. 101 -1995 was adopted on the following call of the roll: 2 3 Ayes:Allen, Brookbank, Dickman, Donat, Elstro, McBride, Parker and Hutton (8) 4 Nays:None 5 Absent: Lundy 6 7 ORDINANCE NO.102-1995 8 9 The Clerk read Ordinance No. 102 - 1995 - AN APPROPRIATION ORDINANCE TO BE KNOWN AS TH 10 1996 FIREFIGHTER SALARY ORDINANCE 11 12 Grimes explained that the ordinance is required by state statute as the Firefighters Salary Ordinance fo 13 1996. He noted that Council has previously adopted the Police Officers Salary Ordinance as well as othe 14 City employees other than the Sanitary District and Richmond Power & Light. He said the addendum to th 15 existing collective bargaining agreement fixes compensations for 1996 and 1997 which is 41/2 percen 16 above the present rates for 1996 and 4 percent over the 1996 rates for 1997. 17 18 Councilmember Donat moved to suspend the rules and advance Ordinance No. 102 - 1995 to secon 19 reading and read by title only, second by Councilmember McBride and the motion was carried on 20 unanimous voice vote. 21 22 The Clerk read Ordinance No. 102- 1995 on second reading. 23 24 President Hutton declared Ordinance No. 102 - 1995 on public hearing. There being no comments either foi 25 or against Ordinance No. 102 - 1995, Councilmember Elstro moved for engrossment, second bI 26 Councilmember McBride and the motion was carried on a unanimous voice vote. 27 28 Councilmember Elstro moved to suspend the rules and advance Ordinance No. 102 - 1995 to third and fin-I 29 reading and read by title only, second by Councilmember McBride and the motion was carried on - 30 unanimous voice vote. 31 32 The Clerk read Ordinance No. 102- 1995 on third reading. 33 34 Grimes made an additional comment, noting that the agreement also adds a new provision for th- 35 Firefighters which is the same added for the Police Officers and that is a$2,000 benefit per year toward th- 36 premium costs for group health insurance for all eligible retirees which are those participating in the pla 37 before December 31, 1995 and retiring after that date. 38 39 Ordinance No. 102- 1995 was adopted on the following call of the roll: 40 41 Ayes:Allen, Brookbank, Dickman, Donat, Elstro, McBride, Parker and Hutton (8) 42 Nays: None 43 Absent: Lundy 44 45 ORDINANCES ON SECOND READING 46 47 There were none. 48 49 ORDINANCES ON THIRD READING 50 51 There were none. 52 53 OLD BUSINESS 54 55 NEW BUSINESS 56 57 MISCELLANEOUS BUSINESS 58 59 Councilmember Donat commented that she had attended the community partnership for youth program i 60 the Neighborhood Clearinghouse open house where Rosanna Mull's calendar was shown for the first tim:. 61 She said all citizens are welcome to stop by, adding that there are lists of the upcoming activities for 1996. 62 63 Commenting that being a Councilmember can sometimes be a thankless job, President Hutton presente' 64 clocks inscribed with each person's name and number of years served to Don McBride for 8 years, Jan- 65 Brookbank for 12 years, Mary Ellen Donat for four years and Mayor Roger Cornett for four years. 1'27 Common Council Minutes Cont'd December 18, 1905 Pag a 7 1 Councilmember Brookbank expressed appreciation for the cooperation of the department heads she had 2 worked with during her 12 years in office and thanked them for their support. She added that she is awaiting 3 the birth of a grandchild and is expecting a telephone call any time from Dallas, Texas with the news. 4 Councilmember Donat said it had been a pleasure serving the City and noted that her husband and daughter 5 were in the audience. Councilmember McBride expressed his appreciation to City Clerk Norma Carnes 6 Schroeder for her efforts on behalf of the Council. He commented that he had enjoyed the last four years but 7 would not want to do another four. Mayor Cornett was not present to receive his award. Clerk Schroeder 8 thanked the Councilmembers for her Christmas gift. 9 I 0 ADJOURNMENT i1 2 There being no further business,on a motion duly made,seconded and passed,the meeting was adjourned. i3 14 i5 6 i7 8 9 '0 Sarah "Sally" Hutton, President '1 '2 '3 '4 ,5 '6 ATTEST: '7 Norma Schroeder, City Clerk '8 '9 '0 .1 :2 :3 .4 5 :6 .7 .8 '9 <0 ,1 2 •3 4 ^5 ,6 7 8 9 '.0 '•1 .2 3 4 '5 '6 '7 '8 ,9 :1 :2 :3 :4 :5 128