HomeMy Public PortalAbout04-18-1994 . 451
PROCEEDINGS OF THE COMMON COUNCIL OF THE
CI-T--Y OF—RICHMOND,INDIANA, APRIL--18,1994
1 The Common Council of the City of Richmond, Indiana met in regular session at 7:30 p.m. Monday, April 18,
2 1994, in the Council Chambers in said City. President Larry Parker presided with the following
3 Councilmembers present: Howard "Jack" Elstro, Etta Lundy, Jane Brookbank, Mary Ellen Donat, Don
4 McBride, Gene Allen, Bob Dickman and Sally Hutton.The following business was had to-wit:
5
6 PLEDGE OF ALLEGIANCE
7
8 PRAYER BY COUNCILMEMBER DONAT
9
10 ROLL CALL
11
12 Nine present.
13
14 APPROVAL OF MINUTES OF APRIL 4,1994
15
16 Councilmember McBride moved to approve the minutes of the previous meeting as prepared, seconded by
17 Councilmember Brookbank and by unanimous voice vote the motion carried.
18
19 Councilmember Hutton moved to open the agenda and bring Ordinance No.22 - 1994 out of the Committee
20 of the Whole and place it on second reading, second by Councilmember Brookbank and the motion was
21 carried on a unanimous voice vote.
22
23 COMMUNICATIONS FROM THE MAYOR
24
25 Mayor Roger Cornett noted that as a member of the Indiana Association of Cities and Towns,the City will be
26 participating in Municipal Government Week, a public awareness campaign sponsored by the first time by
27 IACT for the purpose of promoting understanding and the appreciation of municipal government.
28
29 Mayor Cornett shared a prepared speech, recommended by IACT, noting the many aspects of municipal
30 government and comparing the state of Indiana with others throughout the country. (The speech in its
31 entirety is on file in the Clerk's office). Following the speech, Mayor Cornett announced that starting at 8 a.m.
32 Tuesday, April 26, there would be a mock Council meeting in Council Chambers with Richmond High
33 School students participating. He urged all Councilmembers and department heads to be present for that
34 meeting.
35
36 Pointing out other activities to bring attention to the week, Mayor Cornett stated that he had read a
37 proclamation at the April 14, 1994 meeting of the Board of Works declaring the week of April 18-22 as
38 Muncipal Government Week. He announced that there will also be an award given tonight, noting that the
39 local City government is comprised of approximately 400 people who work diligently day in and day out to
40 provide services to the citizens. He added that in his opinion there is not a finer group of people and said he
41 is proud to serve with them. He introduced John Swinehart, co-chairman along with Rick Risinger, of the
42 Community Image Committee of the Richmond/Wayne County Chamber of Commerce.
43
44 Swinehart stated that the Chamber is convinced that the vast majority of City employees are providing
45 efficient, cost-effective service to the citizens and taxpayers and continue to provide a high level of service
46 with little thanks. He added that the Chamber is pleased to participate in the selection of a City employee
47 who has a record of outstanding service to the citizens and to the community. He asked Jerald Judge of the
48 Richmond Sanitary District to step forward and receive his award, noting that Judge is credited with helping
49 improve the landfill, sewer service, wastewater plant and storm sewers, by eliminating the frivolous and
50 working harder and smarter.The audience gave Judge a standing ovation.
51
52 In his response, Judge stated that there are many dedicated employees in municipal government, adding
53 that he was quite humble to be the first recipient. He expresed his appreciation to the Chamber. Mayor
54 Cornett noted that he had worked with Judge off and on for several years and added that he could not think
55 of any other dedicated public serviant than Judge. He said Judge had never had anybody's interest at heart
56 except the citizens and has always put the City and the people first. He added that he has set a tremendous
57 example for all to follow.Judge said he will mark his 15th year in municipal government May 4.
58
59 Councilmember Hutton commented that she and Lynn Morris have been serving as mentors at Dennis
60 61
Middle School and introduced the four students with who they have been working, asking them to stand.
They were Chad Neeley, Robert Cornell, Ivan Burden and John Tillery. She added that they have served as
62 pages with Representative Richard Bodiker and will be doing community service this coming Saturday
63 joining others in helping to clean up the Gorge.
64
65
A 5
Common Council Minutes Cont'd
April 18, 1994
Page 2
1
2 PRESENTATIONS OF REMONSTRANCES. PETITIONS AND MEMORIALS
3
4. None were presented.
C
E. REPORT FROM CITY DEPARTMENTS
1'
REPORT FROM OTHER OFFICES
1 REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY
1
1 Minutes of the March 31 and April 7 meetings were in the Council packets.
1
1 REPORTS FROM SPECIAL COMMITTEES
1
1 None were presented.
17
1 REPORTS FROM STANDING COMMITTEES
1
2 None were presented.
2
2 REPORTS FROM OTHER COUNCIL COMMITTEES
2
24 Councilmember Donat reported that the Redevelopment Commission had met Monday morning with
2 representatives of other governmental offices to discuss having a feasability study done for the convention
2 center. She said details were ironed out about what they would like to see in the requirements for the center
27 and President Ray Crim will be submitting that information to several deifferent organizations and
2 businesses who have been through that study.
2
3 ORDINANCES
3
3 ORDINANCES ON FIRST READING
36I/
34 Councilmember Lundy moved to suspend the rules and read on first reading by title only Ordinances No.30,
32 31, 32, 33 and 34, but she would like to have 35 read in its entirety. Councilmember Brookbank asked if
3 Ordinance No. 31 - 1994 should not also be read in its entirety, with President Parker agreeing, and
3 Councilmember Lundy's motion was seconded by Councilmember Hutton and it was carried on a unanimous
36 voice vote.
3
4 President Parker announced that Councilmembers had decided that, in the future, they would like to have
4 one paragraph summaries of the ordinances submitted by the person writing the ordinance so that the
4 audience will have a better idea what the ordinances are about. He added that Councilmembers receive an
4 extra page attached to the ordinance, explaining it, and said they would like to see that explanation made
4 available to the audience.
4
4 ORDINANCE NO,30-1994
47
4 The Clerk read Ordinance No. 30 - 1994 - A SPECIAL ORDINANCE AMENDING THE ZONING MAP AT
4 1200 SOUTH 18TH STREET AND APPROVING A FINAL DEVELOPMENT PLAN
5
5 Bob Goodwin, City Planning Director, explained that this ordinance pertains to the Prestwick Apartment
5 complex which had a special use that was granted back in the late 1980s and the request is for an
5 amendment to that. He added that it would need to go to the Planning Commission for public hearing and
5 return to Council. President Parker so noted.
5
5 ORDINANCE NO. 31 -1994
0
5 The Clerk read Ordinance No. 31 - 1994-A SPECIAL ORDINANCE RECOGNIZING THE WEEK OF APRIL
5 18 TO 22ND AS MUNICIPAL GOVERNMENT WEEK
6
6 "WEREAS Governor Evan Bayh has proclaimed the week of April 18 to 22, 1994, as Municipal Government
6 Week throughout the State of Indiana, and
63
6, "WHEREAS Mayor Roger cornett has issued a Proclamation designating the week of April 18 to 22, 1994,
6 as Municipal Government Week in the City of Richmond, and
453
Common Council Minutes Cont'd
ApxiL18,1994
Page-3
1
2 "WHEREAS the Common Council is the fiscal and legislative authority for the municipal corporation known
3 as Richmond, Indiana, and
4
5 "WHEREAS each one of the citizens of Richmond is represented in the proceedings and deliberations of
6 Common Council by four members, namely a District Council Member and three Council Members-at-large,
7 and
8
9 "WHEREAS municipal government is at once the closest and most comprehensive provider of essential
10 services that are used in daily life,
11
12 "NOW, THEREFORE, be it ordained by the Common Council of the City of Richmond, Indiana,that the labor
13 and efforts of municipal employees, elected municipal officials, appointed members of boards, commissions,
14 committees and agencies, and dedicated volunteers throughout the community are hereby recognized as
15 important, honorable and valuable. It is, therefore, fitting and proper to celebrate the week of April 18 to 22,
16 1994, as Municipal Government Week!"
17
18 Councilmember Dickman moved to suspend the rules and advance Ordinance No. 31 - 1994 to second
19 reading and read by title only, second by Councilmember Brookbank and the motion was carried on a
20 unanimous voice vote.
21
22 The Clerk read Ordinance No.31 - 1994 on second reading.
23
24 President Parker declared Ordinance No.31 - 1994 on public hearing.
25
26 There being no comments either for or against Ordinance No. 31 -1994 Councilmember McBride moved for
27 engrossment,second by Councilmember Hutton and the motion was carried on a unanimous voice vote.
28
29 Councilmember Lundy moved to suspend the rules and advance Ordinance No. 31 - 1994 to third and final
30 reading and read by title only, second by Councilmember Elstro and the motion was carried on a unanimous
31 voice vote.
32
33 The Clerk read Ordinance No.31 - 1994 on third reading.
34
35 Ordinance No.31 -1994 was adopted on the following call of the roll:
36
37 Ayes: Elstro, Lundy, Brookbank, Donat, McBride,Allen, Dickman, Hutton and Parker(9)
38 Nays: None
39
40 ORDINANCE NO.32-1994
41
42 The Clerk read Ordinance No. 32 - 1994 - A SPECIAL ORDINANCE DECLARING AN AREA AN
43 ECONOMIC REVITALIZATION AREA
44
45 Explaining Ordinance No. 32 - 1994 was Janet Hibner of the Department of Administration. She said the
46 ordinance was asking for the expansion of the existing economic revitalization area for the proposed
47 expansion of Prestwick Square. She added that one unit is for an apartment complex for low and moderate
48 income individuals and the other is for an office building. However, it is not currently in the economic
49 revitalization area.
50
51 Councilmember Brookbank moved to suspend the rules and advance Ordinance No. 32 - 1994 to second
52 reading and read by title only, second by Councilmember McBride and the motion was carried on a
53 unanimous voice vote.
54
55 The Clerk read Ordinance No.32- 1994 on second reading.
56
57 President Parker declared Ordinance No. 32 - 1994 on public hearing and invited comments in favor of the
58 ordinance.
59
60 Rick Freeman of 108 South 9th Street noted that Council is being asked to extend the existing area to South
61 L Street because it is felt the area has a lack of growth due to the characteristics of the neighborhood,
62 primarily from a commercial standpoint, noting that it has a low traffic count which does not generate a lot of
63 interes in commercial development in this particular area. He also noted that, in the apartment request which
64 Council will hear later, it will be evident that it is very difficult to develop the infrastructure projects without tax
65 abatement.
454
Common Council Minutes Cont'd
April 18, 1994
Page 4
1 Councilmember Donat said the Tax Abatement Committee had discussed this ordinance and the points
made by Freeman were not discussed in detail except that the area there is not something that is considered
for commercial development. However, she added, the land around there is not a blighted area either but a
lot of it is pasture and she would caution her fellow Councilmembers that this ordinance expands the existing
area. It was also discussed by the Tax Abatement Committee, she said, that guidelines need to be set due
to the large amount of tax abatements. She noted that these are given for certain areas and leaving others
out,which puts a burden on them.
E
In answer to a question about taxes which was posed by Councilmember Elstro, President Parker the
10 amount of the last taxes was $844 which he assumed was on bare land. Freeman stated that the taxes
1 presently being paid on the portion of the land which he is proposing to develop have been pro-rated on the
1 entire area and the entire tax amount on the area where the office would be build is presently generating
1 $263 in taxes. He added that the apartments assessed valuation with construction costs is $350,000. He
1 added that the proposal in the ordinance is to bring the apartment all the way out to South L Street and they
1 would be located on the west side of South 18th Street. In answer to Councilmember Dickman's question as
1 to whether or not the taxes on the land would be abated, Freeman said they would not, nor would those
1 taxes generated by the project through the replacement taxes.
1:
1• Councilmember Hutton asked if family housing will be available and Freeman answered that what is being
2$ proposed on the apartments is that 20 percent of those will be rented to persons at less than 80 percent of
2 income. He added that they have been turning down approximately 15 persons a week because they do not
2- meet the criteria. Councilmember Brookbank asked if the existing apartments have carports and garages as
2 the proposed ones do and Freeman answered that they do not. In answer to Councilmember McBride's
2, question about the number of years being asked for in the tax abatement, Freeman noted that the request is
2 for 10 years.
2:
2 Councilmember McBride moved for engrossment, second by Councilmember Hutton and the motion was
2: carried on a unanimous voice vote.
2•
30 Councilmember Brookbank moved to suspend the rules and advance Ordinance No. 32 - 1994 to third and
3 final reading and read by title only, second by Councilmember McBride and the motion was carried on a
3 unanimous voice vote.
3
3, The Clerk read Ordinance No.32 -1994 on third reading.
3-
3. Ordinance No.32- 1994 was adopted on the following call of the roll:
3
3: Ayes: Elstro, Lundy, Brookbank, McBride,Allen, Dickman, Hutton and Parker(8)
3' Nays: Donat (1)
40
4 ORDINANCE NO.33 -1994
4-
4 The Clerk read Ordinance No. 33 - 1994 -A SPECIAL ORDINANCE AUTHORIZING THE APPROVAL OF
4, STATEMENTS OF BENEFITS FOR PROPERTY OWNERS APPLYING FOR DEDUCTIONS UNDER I.C.
4- 6-1.1-12.1
4•
4 Councilmember Donat said all of the businesses were discussed and found to be in accordance but there is
44 one business that requires some clarification. She referred to a letter received from City Controller Dennis
4 Grimes which explains that under the new manufacturing equipment for five years for Purina Mills, it is four,
5 because the application actually begins in 1993 and they have finished their first year of abatement. In
5 response to a question posed by Councilmember McBride as to whether or not an amendment is needed
5 because of those existing circumstances mentioned by Councilmember Donat, Councilmember Lundy so
5 moved,second by Councilmember McBride and the motion was carried on a unanimous voice vote.
5
5 Councilmember Hutton moved to suspend the rules and advance Ordinance No. 33 - 1994 to second
5 reading and read by title only, second by Councilmember McBride and the motion was carried on a
5 unanimous voice vote.
5:
5• The Clerk read Ordinance No.33- 1994 on second reading.
60
6 President Parker declared Ordinance No.33- 1994 on public hearing.
6
6 There being no comments either for or against the ordinance, Councilmember Dickman moved for
6• engrossment, second by Councilmember Hutton and the motion was carried on a unanimous voice vote.
6
455
Common Council Minutes Cont'd
April 18, 1994
Page-5
1
2 Councilmember Brookbank moved to suspend the rules and advance Ordinance No. 33 - 1994 to third and
3 final reading and read by title only, second by Councilmember Lundy and the motion was carried on a
4 unanimous voice vote.
5
6 The Clerk read Ordinance No.33-1994 on third reading.
7
8 Councilmember Elstro asked Councilmember Donat if the Tax Abatement Committee was going to study the
9 tax abatements further. Councilmember Donat responded some were brought forward,for instance, the one
10 about Prestwick Apartments. Discussion, she said, centered around whether or not there really is a need for
11 more apartment buildings and to see if that is a reason to abate taxes. She noted that all of the tax
12 abatements in Ordinance No. 33 - 1994 were found to be in accordance and found to be necessary. She
13 noted that is why she voted against Ordinance No. 32 - 1994, because she finds it unneccessary to expand
14 the boundaries now, until some guidelines have been set. She said some time ago Council had been given a
15 report of all the abatements that are being given throughout the City and she would get that information for
16 Councilmembers.
17
18 Ordinance No.33-1994 was adopted on the following call of the roll:
19
20 Ayes: Elstro, Lundy, Brookbank, Donat, McBride,Allen, Dickman, Hutton and Parker(9)
21 Nays: None
22
23 ORDINANCE NO.34-1994
24
25 The Clerk read Ordinance No. 34 - 1994 - A SPECIAL ORDINANCE ANNEXING TERRITORY
26 CONTIGUOUS TO THE NORTHWEST CORPORATION LIMITS TO THE CITY OF RICHMOND
27
28 Goodwin explained that this ordinance is a special ordinance which would annex 1,845 acres of service area
29 land which are areas within the two-mile fringe west of the City. He noted that the south line of that
30 annexation area is the south right-of-way line of Crowe Road and the west right-of-way line of Round Barn
31 Road that extends north to the south line of 1-70. He added that there is a small portion that extends further
32 south along Salisubry Road, noting that the road now is split so that it is half county and half city.
33
34 President Parker said this ordinance would be referred to Planning Commission for public hearing and
35 recommendation.
36
37 ORDINANCE NO.35-1994
38
39 President Parker read Ordinance No. 35 - 1994-AN APPROPRIATION ORDINANCE AUTHORIZING THE
40 CITY OF RICHMOND TO RECEIVE DONATIONS
41
42 "WHEREAS the City of Richmond, Indiana has the option of accepting or rejecting donations for a specific
43 purpose, and
44
45 "WHEREAS the acceptance of a donation for a specific purpose constitutes the appropriation of such
46 property for the intended purpose,
47
48 "NOW, THEREFORE, be it ordained by the Common Council of the City of Richmond, Indiana, that the
49 following donations are hereby accepted with the heart-felt gratitude of the citizens of Richmond:
50
51 A. Walt Werner of Werner Insurance Agency and Nationwide Insurance Company, a donation of a
52 Portable Breath Analyzer to the Richmond Police Department values at$700.
53
54 B. First Bank of Richmond by Robert F. Fix, President, a donation of $50 for the Park and
55 Recreation Department's Easter Egg Hunt, and
56
57 C. Meyers Mechanical Corporation by Robert L. Meyers, Jr., President, a donation of $25 for the
58 Park and Recreation Department's Easter Egg Hunt."
59
60 Councilmember Dickman moved to suspend the rules and advance Ordinance No. 35 - 1994 to second
61 reading and read by title only,second by Councilmember Hutton and the motion was carried on a unanimous
62 voice vote.
63
64 The Clerk read Ordinance No.35-1994 on second reading.
65
456
Common Council Minutes Cont'd
April 18, 1994
Page-6
1
2 President Parker declared Ordinance No. 35 - 1994 on public hearing. There being no comments either for
3 or against Ordinance No. 35 - 1994 Councilmember Dickman moved for engrossment, second by
i Councilmember Hutton and the motion was carried on a unanimous voice vote.
Councilmember Brookbank moved to suspend the rules and advance Ordinance No. 35 - 1994 to third and
7 final reading and read by title only, second by Councilmember McBride and the motion was carried on a
• unanimous voice vote.
•
1 I The Clerk read Ordinance No.35-1994 on third reading.
11
1- President Parker said need to be thankful for the donations.
1
1, Ordinance No.35- 1994 was adopted on the following call of the roll:
1-
1: Ayes: Elstro, Lundy, Brookbank, Donat, McBride,Allen, Dickman, Hutton and Parker(9)
1 Nays: None
1:
1• ORDINANCES ON SECOND READING
2.
21 ORDINANCE NO. 22-1994
2.
2 President Parker declared Ordinance No. 22 - 1994 on public hearing and invited comments in favor of the
2, ordinance. Councilmember Hutton asked if Council needed figures before discussion began. In giving the
2- breakdown on the costs, Mayor Cornett said the asbestos survey and removal was quoted as $25,930,
2• noting that the preliminary estimate was $41,587, which made this bid substantially lower; the selected
2 demotion and debris disposal at the south end next to the hotel, at$8,010; mass demolition of the walls, roof
2E and foundation orth of the ramp area of 153 feet by 140 feet, at $47,830; building debris processint and
2c disposal, that cost was included in other numbers; the backfill area with suitable gravel where floors and
3 foundations have been removed, at $22,425; construct a new wall around the pool, at $105,000; landscape
3 the area, at $15,000; which brings the total to $224,195 which compares to a preliminary estimate of
3 $571,288.
3
3 In answer to President Parker's question about the present taxes, Councilmember Brookbank noted they are
3 $3,616. President Parker explained the ordinance, noting that the Leland Hotel has proposed to donate the
3 land to the City. He added that it is currently occupied by a one-story retail office building bounded on the
3 west by South 9th Street, on the north by the Bullerdick Furniture parking lot and on the east by an alley.
3
3 Richard Bernstein stepped forward to speak in favor of the ordinance, noting that he was a representative of
4 the King Hotel Management Co and is a partner of the company and the hotel. He said he was in favor of the
4 ordinance because he participated in the idea with his partners. He invited questions from Councilmembers
4 which they might have in respect to the hotel operations vision for this particular site.
4
4 Councilmember Donat noted her concern for what she referred to as the big ticket item of the new wall
4 around the pool. She said she would be in favor of the ordinance with the amendment that the City would not
4 be responsible for construting the wall, mainly because that is something she feels the hotel should do,
4 especially if it wants it to be in keeping with the architecutre and aesthetic value of the property. She noted
4 that the City may be able to construct something for less, but it may not be appropriate with what the hotel
4 owners would wish.
5
5 Bernstein said he and his partners have faith in what the City would construct. He stated further that when
5 they purchased the hotel Council did not see them asking for anything. He said it was purchased on the
5 basis of competing to make it work. Now, he said,they see a better use for that area of land, one which they
5 think the City is as good a decider as any, for its use. He said they would like to participate in that decision
55 about what will be located there because they want it to be somewhat compatible with the hotel.
5
57 Addressing his remarks to Councilmember Donat, Bernstein said he didn't understand why she is against
5 the ordinance because of a portion of the north wall, which happens to be concrete block,that she is against
5 the funding of the reconstruction of that wall once the building is torn down. He said he didn't know why she
6 was picking that one element out. Councilmember Donat responded that it is a big ticket item.
6
6 Bernstein then commented that he and his partners had invested almost $2,400,000 to open up the hotel
6 with asking anything from the City. He said they felt this is not an unreasonable request, plus, the park will
6- be a good thing for the City. Councilmember Dickman asked whether or not it is correct that the
6 reconstruction wall is only requested because of the damage that might occur in removing that building from
that side of the hotel. Bernstein answered that it was a big part of it and it has to be reconstructed. He added
that the fact that they want it to be compatible with the hotel doesn't lend much to the cost of that particular
element.
457
Common Council Minutes Cont'd
April_.s, 19q4
Page-7
1
2 President Parker asked about the last sentence and the wording "shall be consulted." He said what that is
3 saying to him is that Bernstein and his partners are going to give the City the title but if the City accepts the
4 donation they shall be consulted as to what is done with the land before the City does anything.
5
6 Bernstein explained that President Parker is absolutely correct, noting that being consulted as to what is
7 placed on the land is a requirement of theirs because they think the City, like them, in developing that land
8 should take the path of least resistance. He said their intent, for example, is that if the City or Economic
9 Development or Planning comes to them and says that they want to put a parking lot there they would
10 strongly object to that. He added that they feel there should be a nobler use, noting that if the City would say
11 it wanted to locate a business headquarters there,that would be fine. He said he and his partners just want
12 to make sure it is a development that is worthy of that site, worthy of what the promise of downtown
13 Richmond is and worthy of being a neighbor to the hotel. He re-stated that they certainly want to be
14 consulted about the use of the land and told Council it would have to ask its lawyers as to what recourse it
15 has or what that means in legal terms. He added that there intent is to simply make sure there is a nobler
16 use of that site.
17
18 President Parker asked Mayor Cornett to comment on the issue, noting that his interpretation is based on the
19 advice he has received in the past from former city attorneys, is that when the word "shall" is used it is set in
20 stone. He added that when it says"shall consult"that is what it means,consult, it does not mean shall do. He
21 added that Bernstein and his partners have been fantastic and he feels they could have made significantly
22 more demands of the City and that, in his opinion, is what Council should consider. He said they have not
23 done that and here, have simply said they would like to be a part in whatever decision is made on the use of
24 the land. He added that Bernstein had written a letter stating that he would like a lot of people to be in on that
25 decision. Mayor Cornett said he felt they had the best interest of the downtown and the hotel as well as that
26 of the entire community and that there is nothing binding in the statement what says the City shall do
27 whatever Berntein tells it to do.
28
29 Ben Ross, President of the Economic Development Corporation of Wayne County, said the ordinance simply
30 makes sense, adding that the area currently is not used and useful and replacing it with a park helps that
31 part of the downtown area. He noted that the area is not inviting to tourists coming into town, particularly in
III32 the evening. And, he added, in the longer term it offers a promise of a developable site. He said Bernstein
33 and his partners are investors in the City and are reading,willing and able to make an investment of this kind
34 and are asking only to have a say in the outlying changes and physical improvements. Ross said he felt that
35 is a fair deal.
36
37 Renee Oldham, Executive Director of the Main Street program, said she is excited to be a part of downtown,
38 espcially with the coming of the Leland Hotel. She added that the purchase had granted hope to the
39 downtown area when some thought there might not be any. She the Leland Hotel an anchor in the downtown
40 area, commented on the continuing revitalization, add that the park area will be a beautiful accent to the
41 corridor area. She said she will continue to work with the hotel and the City to find the best possible use for
42 the site.
43
44 There being no further comments for and none against the ordinance, Councilmember Dickman moved for
45 engrossment, second by Councilmember Hutton and the motion was carried on a unanimous voice vote.
46
47 Councilmember Donat asked if the figures given by Mayor Cornett were estimates or firm bids. He answered
48 they were firm bids.
49
50 Councilmember Lundy expressed her concern as to whether or not the proposed park area would invite
51 more loitering as is being done on the Promenade. Bernstein answered that it would not be a big concern of
52 his at this point. Councilmember Hutton commented that what is being discussed for the area is a passive
53 park, much like the Promenade is now.
54
55 Councilmember Brookbank moved to suspend the rules and advance Ordinance No. 22 - 1994 to third and
56 final reading and read by title only, second by Councilmember McBride and the motion was carried on a
57 unanimous voice vote.
58
59 The Clerk read Ordinance No.22-1994 on third reading.
60
61 Councilmember Elstro commented that he feels the Leland Hotel is a beautiful place and he likes it, but he
62 can not see spending tax money for tearing down those buildings. He added that he will be voting against the
63 ordinance.
64
65 Councilmember McBride asked if the money was available and was reminded that it will be available through
E.D.I.T
458
Common Council Minutes Cont'd
April 18, 1994
Rage
1
Ordinance No.22- 1994 was adopted on the following call of the roll:
Ayes: Lundy, Brookbank, Donat, McBride,Allen, Dickman and Hutton (7)
Nays: Elstro and Parker(2)
ORDINANCES ON THIRD READING
There were none.
11 OLD BUSINESS
1
1 MISCELLANEOUS BUSINESS
1
1 President Parker announced that Council needs to appoint someone to fill an unexpired term on the Police
1 Merit Commission due to a resignation. He said the person could be any gender or of any political party and
1 asked Councilmembers to make suggestions. He also reminded Councilmembers of the letter received from
1 Mayor Cornett asking for their participation in the mock council meeting with the Richmond High School
19 students, noting that they needed to respond by Wednesday.
2
2 Tom Buccella of 4154 Highland Drive read a statement in which he quoted the Indiana Code and how it
2 pertains to the Wayne County Convention and Tourism Bureau and the building of a convention center. He
2 noted that since Richmond is the largest City in Wayne County,the Council is charged with the appointment
2 of three members to the Bureau and the mayor, with one. He said the board is created by state statute and
2 is to promote the development and growth of the convention and tourism industry in the county.
2
2 He stated that this promotion is funded by the hotel/motel tax which is considered to be public funds which
2: would make the Tourism Bureau subject to the Open Door Laws and other matters as they relate to public
2• funds and public agencies. He added that, in his opinion, and that of the State Board of Accounts, the
36 Indiana Department of Labor and the Attorney General of the state of Indiana and the attorneys with whom
3 he has spoken regarding this matter, it appears by virtue of the fact that the Tourism Bureau has formed a
3 corporation which is the Wayne County Convention Tourism Bureau Inc. of which seven of the nine
3 members are the same members of the board created by statute who are appointed, who contract with
3, themselves to operate with the public funds appropriated by the county that they should be stating their
3 position on the prevailing wage. He asked Council to contact their three appointees to see if the matter can
3. be addressed.
3
3 Councilmember Donat thanked Buccella for waiting patiently and asked Mayor Cornett if he was going to
3 follow up on the request, adding that she suggested Council contact its appointees as suggested by Bucella.
4 President Parker said one of the things he wished to ask the Mayor to do would be to look over the
4 document presented by Buccella and refer it to the City Attorney. The Mayor responded that he would be
4 happy to do so.
4
4 Councilmember Donat made a motion to contact Council's appointees to the Wayne County Convention &
4 Tourism Bureau and make them aware of the problem, second by Councilmember Elstro and the motion
44 was carried on a unanimous voice vote. Parker said he would do the contacting and have a report for
47 Council.
44
ADJOURNMENT
51 There being no further business,on a motion duly made,seconded and passed,the meeting was adjourned.
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5f Larry Parker, President
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6 ATTEST:
6E Norma Carnes, City Clerk