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HomeMy Public PortalAbout11-15-993 ro �7 PROCEEDINGS OF THE COMMON COUNCIL OF THE GIT-_Y-OF-RICHMOND, INDIANA—MONDA-1(—NOVEMBER 15-1-993 1 The Common Council of the City of Richmond, Indiana met in regular session at 8:45 p.m. Monday, 2 November 15, 1993, in the.Council Chambers in said City. President Lundy presided with the following 3 Councilmembers present: Elstro, Brookbank, Donat, McBride, Parker, Allen, Dickman and Hutton. The 4 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 NOVEMBER 1.1993 15 16 The minutes of November 1, 1993 were approved through a motion by Councilmember McBride, second by 17 Councilmember Allen and was carried on a unanimous voice vote. 18 19 COMMUNICATIONS FROM THE MAYOR 20 21 PRESENTATIONS OF REMONSTRANCES. PETITIONS AND MEMORIALS 22 23 REPORT FROM CITY DEPARTMENTS 24 25 REPORT FROM OTHER OFFICES 26 27 Councilmember Hutton asked City Attorney Thomas Milligan a question about the letter that he sent out 28 about the signs and traffic on Hodgin Road. (That letter in its entirety is in the City Clerk's office file.) She 29 asked for clarification about whether or not the City had any authorization to note routes of transportation of 30 hazardous chemicals. Milligan said the Indiana traffic rules are basically statutoried by the Legislature so that 31 they are uniform throughout the state. He added that at the present time there is no specific delegation of 32 authority to a local Board of Works or Common Council to regulate the routes for transportation of hazardous 33 chemicals. 34 35 Milligan said there is no specific authority to declare streets to limit their use by trucks, adding that the 36 purpose is to protect the streets not built for trucks. He said he had a call into the Indiana Department of 37 Transportation specifically about hazardous chemicals. He said the only place there is such a sign is on 1-70 38 on the way to Indianapolis. He added that representatives of the City have discussed with INDOT the 39 possibility of using its standard symbols, noting that there is a menagerie of signs in the City and these will 40 be looked at with the hope of coming up with a consistent plan for signage. Milligan said he wished to clarify 41 that more hazardous chemicals are being applied to agriculture operations in that area than ever could come 42 out of one truck on that road.Councilmember McBride said he would also like it clarified to the public that the 43 City has no jurisdiction over installation of traffic signs and lights on U.S. 27 beccause of it being a state 44 highway. He said that would possibly eliminate a lot of phone calls from disgruntled citizens who want the 45 Council to do something about traffic in that corridor. Milligan noted that the City can alter speed limits on 46 state highways but no traffic control devices could be installed. 47 48 Earnest Jarvis, director of Public Works, said the article on the opinion page in the Palladium-Item critcizing 49 the City for doing nothing on U.S. 27 North, bothered him considerably. He said evidently there are some 50 citizens who do not understand how the City and the state operate. He agreed with Councilmember 51 McBride's statement that the City has no authority to place any stop lights or signage on state highways. He 52 said Chester Boulevard is U.S.27 North and the City cannot do anything to control the traffic there by putting 53 up stop lights. He added that what the City has done, and will continue to do, is at the urging of the Mayor 54 and Council, requested on numerous occasions traffic light studies along that corridor from Main Street 55 north. He said those requests have been denied twice but the City has sent yet another letter. He said the 56 City has also requested a corridor study on U.S. 27 North to try to get the state to widen the highway and 57 add two more traffic signals. He noted that the request had to go through the state as well as the federal 58 government because of the federal money involved, adding, once again, that the City government's hands 59 are tied. 60 61 REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY 62 63 The minutes of the October 28. 1993 and November 4, 1993 meetings had been placed in the Council 64 packets. 65 317. Common Council Minutes Cont'd - November 15, 1993 Page 2 • 1 Councilmember Allen said she noticed while reading the minutes of a Board of Works meeting that bids were being accepted for a computer system for the Finance Department. She commented that two people had bid the hardware only while only one bid the hardware and software. She said she found that it was usually more beneficial if the software is in place before the purchase of hardware. City Controller Dennis Grimes responded that in this particular case he has identified the software that would be available to the City given the situation and the type of government system which presently exists. What the City will be receiving in terms of software, he said, will be the exact same software that it now has. He • added that he expects it will be a functional upgrade to the units' version of software. He said there were 1. some considerations and some concerns by the software company about the hardware compatibility of 11 some of the prospective bidders. He said the bids were reviewed independently of the software company to 1- avoid any impropriety and the recommendation was given that the software house be allowed to be the 1 successful bidder for the hardware also eliminating the possibility of a compatibility problem.After reviewing 1, the bids, he said, it was determined by the Board to award the a bid to the middle bidder.. 1' 1: In answer to a comment from Councilmember-Donat about wheel chair ramps, Jarvis answered that the 1 state suggests that paint used on the surface of the ramps would make them slippery so advised against 1: that: Councilmember Donat suggested that someone at the state department should think about finding a 1' way-to distinguish the different levels and Jarvis said one of the things discussed was perhaps placing a 26 yellow stripe around the outline of those ramps. ' 2 2: Answering a question posed by Councilmember Elstro,Jarvis said Phil Wages,one of the inspectors in the 2 ' Department of Law, is also an electrical inspector and is training on weights and measures performing those 2, duties on an annual schedule. He said another inspector assists him on certain types of procedures where 2' two people are required. 2. 2 REPORTS FROM SPECIAL COMMITTEES - 2: 2° None were presented. - 3a - 3 REPORTS FROM STANDING COMMITTEES 3: 3 None were presented. 3• 3' REPORTS-FROM OTHER COUNCIL_COMMITTEES 3: 3 None were presented. 3: 3° PRESIDENT'S REMARKS 40 4 President Lundy said before getting into the ordinances,she was going to honor the requests of two people 4. who asked to talk about their specific problems tonight. She added that she would limit them to three 4 minutes. 4, 4. Scott Gibson said the reason he was here was because of the new garbage and rubbish ordinance passed 4. by Common Council-September 20. He said in the last few weeks he has sent out invitations to several 4 hundred people including those in neighborhood associations and business associations. He said there is a 4: tremendous amount of interest in updating the ordinance and he is getting an input from all the organizations 4° with the hope of getting together with Council and the Sanitary Department along with others who are 5 r necessary to find a long-term solution. 5 5- Listing the problems with the ordinance, Gibson said the alleys are not designed for these dumpsters;the 5 dumpsters are difficult to clean and could be a serious health and safety hazard; people from outside the 5, neighborhoods come in and dump rubbish into the dumpsters creating a problem for the people in the 5- neighborhood to utilize them as they should be; and to protect-the dumpsters so they can be used, the 5: Sanitary Department had offered locks that cost a great deal and Gibson feared that tenants would not use 5 the keys and trash would end up on the ground beside the dumpsters. 5: - - 5° Gibson said the City has continuted to improve its beautification efforts and placing dumpsters in the street 66 is not going to help that effort. He added that the Sanitary Department has mandated a fee for the use of the 6 dumpsters fro_m anyone'who has three units in an apartment building,-adding that that fee will be passed 6. along to the people who could least afford it. Gibson said flyers had been distributed and he expected 6 landlords, neighborhood association representatives, business representatives and others involved to get 6, together and talk about the dumpster and trash problems and search for some-long term solutions to this 6' problem which,. he said, .would,no doubt get worse without such a meeting. 3 Common Council Minutes Cont'd November.15, 1993 Page-3 1 Jim Downing at 311 South 7th Street said he was there on behalf of his parents, Everett and Dorothy 2 Downing. He said his father is a disabled veteran and his mother had worked locally for Crosley and AVCO. 3 He added that his father has been handicapped for 33 years and his mother for 15. When they lived at 425 4 South 12th Street, he said, they had a handicapped parking space. He said when they moved in with him 5 three years they had the sign transferred. However, in 1992 they received a letter stating that their 6 handicapped parking space was being considered for removal. He said he attended a meeting of the Board 7 of Works and explained that it was dangerous for his mother to drive into the alley because there are three 8 dumpsters in the area, a concrete wall and a garage behind the concrete slab. He said there is also a camper 9 and a farm wagon he uses in his business, noting that some of these items cannot be moved or parked on 10 the street. 11 • 12 Downing said his:father has emphysema and is terminally ill with cancer and his mother has had heart 13 problems. He said the Board extended the permit in 1392 and pointing to Jarvis, he said it was Jarvis who 14 stated at that time there should possibly be variances in the regulations to fit certain conditions and he 15 thought from his comments something would be acted upon. Now, he said, he understands the Board of 16 Works cannot personally make the regulations or act upon something and cannot even suggest, which, he 17 added, he feels is incorrect. He added that he feels they should not only have the right but should be 18 obligated to make suggestions to:the proper authorities that can have control. He said the sign was removed 19 this last time without any warning and.no letter in advance and he advised the Board at that time that he 20 hoped they knew what they were doing because they would be liable if anything happened. 21 22 He said October 6 his mother had a heart attack and is still in the hospital, has had five bypasses and is 73 23 years old. He added that she has had all kinds of other problems as well. He said he felt the Board has set a 24 precedent in allowing the sign to be in existence and he also doesn't know when the ordinance was made 25 which says if you have off-street parking you can't have a handicapped parking space in front of your house. 26 27 He said he has consulted an attorney and the Disabled American Veterans and they feel that the Board 28 violated his father's rights as a D.A.V. He added that he hopes this City is not only made up of concrete and 29 asphalt but of people who have understanding and a heart. He said this doesn't cost the City a lot of money. 30 There is a payment required of the individual and whether or not that is enough to cover it he wasn't in a 31 position to say. He said he paid the fee and the sign was ripped up without any warning. He concluded with 32 the fact that not only has his mother's life been threatened but the medical bill is going to be over$100,000. 33 He asked the Council to give consideration of reinstating the handicapped parking space. He said he had 34 tried to contact City officials without any success. 35 36 Councilmember Hutton asked Milligan about the ordinance and Milligan said it is initiated by state statute. 37 They determine whether or not a person is handicapped. This ordinance, adopted by Council, he said, is 38 being administered by the Board of Works and this individual does not conform to the requirements of the . 39 ordinance. 40 41 Councilmember Donat asked about Downing's reference to a variance as to whether this meant that Council 42 could intervene through a variance of this ordinance. Milligan said there is no variance language in this 43 ordinance and Councilmember Donat asked if it could be inserted. Milligan said Council could amend the 44 present ordinance but cannot adopt an ordinance just for this individual. Councilmember Donat asked 45 Milligan to bring the ordinance before Council so they might look at it for a possible amendment which would 46 allow for cases such as the Downings. 47 . 48 Milligan said that procedure is not permitted by the rules. However, he said a Councilmember could propose 49 an amendment after discussing the entire situation with the people who enforce the ordinance and change 50 the rules of procedure if they.wanted to do it that way. He added that this is an area where the City constantly 51 has people who feel their situation is so different than anyone else in the City and it is an ordinance that 52 requires a great deal of time to administer. Answering a question by Councilmember Donat as to whether or 53 not a Councilmember would be permitted to do that, Milligan advised her to discuss the issue with Jan Hibner 54 in the Department of Law. Councilmember Donat then assured Downing that she would do as Milligan 55 advised. 56 . 57 Councilmember Elstro asked Jarvis if he had seen the alley being discussed.Jarvis answered that he visited 58 the area last year and found that the recreational vehicle and the farm wagon parked there makes it twice as 59 difficult to maneuver a vehicle. He commented that the Board of Works is guided by the City's ordinance that 60 says if off-street parking is available a handicapped parking space is not issued. Councilmember Elstro 61 assured Downing that he would also be talking with him about the matter. When Councilmember Brookbank 62 asked Downing whose RV and wagon it was, he answered that they had nothing to do with getting in and out 63 of the alley, noting the presence of the three big dumpsters at the end of the"alley. He added that he could 64 give Council a list of homes already in violation. 65 -8 • Common Council Minutes Cont'd _ November 15, 1993 - . 1 ORDINANCES • - . . 2 3 ORDINANCES ON FIRST READING • - • 4 - Councilmember Brookbank moved to suspend the rules and read on first reading by title only Ordinances No. 97, 98, 99, 100, 101, 102 and 103 - 1993, second by Councilmember McBride, but President Lundy said she wished to amend the motion noting that Ordinance-No.97-1993 is not available at this time but will be on December 6, and the motion was carried on a unanimous voice vote. 1• ORDINANCE NO.98-1993 11 1- The Clerk read Ordinance No.98-1993-A SPECIAL ORDINANCE TO PROVIDE FOR THE REGULATION 1 OF BASIC SERVICE TIER RATES AND RELATED EQUIPMENT, INSTALLATION AND SERVICE 1, CHARGES OF ANY CABLE TELEVISION SYSTEM OPERATING IN THE CITY OF RICHMOND, INDIANA 1- _ 1: Paul Miller, president of the Telecommunications Council, said this ordinance is the last step in the FCC 1 requirements that permit the City to regulate the basic cable rates charged by TCI. Councilmember Hutton 1: asked if the Telecommunications Council agrees with the ordinance and Miller answered in the affirmative. 1• Councilmember Donat added her appreciation of the watchdog attitude of the Telecommunications Council• 24 on behalf of the City. Councilmember Dickman asked about the time line and Milligan answered that it was 2 ' necessary to adopt the ordinance at the earliest convenience of the Council, explaining that this procedure is 2- set up in order for this City and others who wish to regulate the basic tier may do so. He said Hibner had 2 been in touch by telephone with an individual who is in charge of regulating cable TV for three different 2, providers in Indianapolis. He assured Council that all sections of the ordinance had been reviewed by the 2- Telecommunications Council and the ordinance complies with the necessary requirements as laid down by 2: the Cable TV Consumer Protection Competition Act of 1992. 2 2: Councilmember Parker moved to suspend the rules and advance Ordinance No. 98 - 1993 to second 2' reading and read by title only, second by Councilmember Brookbank and the motion was carried on a 3I unanimous voice vote. 3 3. The Clerk read Ordinance No.98-1993 on second reading. 3 3, President Lundy declared Ordinance No. 98 - 1993 on public hearing. There being no comments either for 3. or against Ordinance No. 98 - 1993, Councilmember McBride moved for engrossment, second by 3: Councilmember Hutton and the motion was carried on a unanimous voice vote. 3 3: Councilmember Parker moved to suspend the rules and advance Ordinance No. 98- 1993 to third and final 3' reading and read by title only, second by Councilmember McBride and the motion was carried on a 4. unanimous voice vote. 4 4- The Clerk read Ordinance No.98-1993 on third reading. . 4 4, Ordinance No. 98-1993 was adopted on the following call of the roll: • 4- 4: Ayes: Elstro, Brookbank, Donat, McBride, Parker,Allen, Dickman, Hutton and Lundy (8) 4 Nays:None 4: 4^ ORDINANCE NO.99-1993 . . 50 5 The Clerk read Ordinance No. 99 - 1993 - A SPECIAL ORDINANCE AMENDING THE ZONING MAP AT 5. 111 GAR WOOD ROAD 5 • . 5• President Lundy announced that Ordinance No. 99 - 1993 would go to Planning but invited questions from 5 Councilmembers. Councilmember Hutton asked who the property owners were around this piece of property 5^ who were notified. Milligan answered those notified were the adjacent property owners, adding that this is 5 where the church is located. 5: 5^ ORDINANCE NO:100-1993 - 64 6 The Clerk•read Ordinance No. 100 - 1993 -A SPECIAL ORDINANCE AMENDING THE ZONING MAP AT 6 3641 EAST MAIN STREET. ' . . - 6 . , _ : . - - - 6, President Lundy said this.also goes to Planning but invited questions and there were none. 6. - 381 Common Council Minutes Cont'd November 15, 1993 P_age_5 " . • • • 1 ORDINANCE NO.101 -1993 2 3 The Clerk read Ordinance No. 101 - 1993 - A SPECIAL ORDINANCE AMENDING THE ZONING MAP AT 4 THE 500 BLOCK SOUTH ROUND BARN ROAD . 5 6 President Lundy said this also goes to Planning, inviting questions,but there were none. 7 8 9 ORDINANCE NO.102-1993 10 11 The Clerk read Ordinance No. 102 - 1993 - AN APPROPRIATION ORDINANCE AMENDING THE 1993 12 BUDGET 13 . 14 Kent Haisley, transportation manager for the City, explained that the transporation system earlier this year 15 took$12,000 out of its gasoline budget to put into the repair budget of the City's aging buses because it ran 16 :out of money. Now, he said, the money needs to be put back into the gasoline budget or there won't be 17 enough to run the buses through the end of the year. He added that the reason it is being taken out of 18 several line items to make up the approximate$8,000 is because there isn't a lot of money in any one area. 19 20 Councilmember Hutton moved to suspend the rules and advance Ordinance No. 102 - 1993 to second 21 reading and read by title only, second by Councilmember Allen and the motion was carried on a unanimous 22 voice vote. 23 24 The Clerk read Ordinance No. 102- 1993 on second reading. 25 26 President Lundy announced Ordinance No. 102 - 1993 was on public hearing. There being no comments 27 either for or against the ordinance, Councilmember Dickman moved for engrossment, second by 28 Councilmember Hutton and the motion was carried on a unanimous voice vote. 29 30 Councilmember Brookbank moved to suspend the rules and advance Ordinance No. 102 - 1993 to third 31 reading and read by title only, second by Councilmember McBride and the motion was carried on a 32 unanimous voice vote. 33 34 The Clerk read Ordinance No. 102-1993 on third reading. 35 36 Ordinance No. 102- 1993 was adopted on the following call of the roll: 37 38 Ayes: Elstro, Brookbank, Donat, McBride, Parker,Allen, Dickman, Hutton and Lundy(9) 39 Nays: None 40 41 42 ORDINANCE NO.103-1993 43 - 44 The Clerk read Ordinance No. 103- 1993 -A GENERAL ORDINANCE AMENDING ORDINANCE NO. 87- 45 1985 46 47 In answer to a question posed by Councilmember Donat about how she felt about this ordinance since she is 48 the liaison between the Council and the Park Board, Councilmember Hutton said she had no problem with it. 49 Milligan responded to a request for clarification from Councilmember Parker, explaining that two different 50 non-reverting funds were created by Ordinance No. 87- 1985. 51 52 The first, Milligan said, is a capital fund and the way the money is spent out of it is by the Board presenting to 53 Council in its annual budget and Council actually appropriating money from the capital fund. He added that 54 apparently that fund is no longer being used. 55 56 Even though it isn't being used the Park Board wanted to keep that option open in case it wanted to use it, 57 Milligan said, adding that when City Controller Dennis Grimes conducts the City's auction, any proceeds from 58 the sale of Park equipment should be deposited in this non-reverting capital fund by virtue of the way it is 59 presently stated in the City Code. 60 61 Milligan said the second non-reverting fund is for operating and that is what is being referred to here and 62 Councilmember Hutton had correctly stated that the Park Board spends the money out of that. He explained 63 further that the ordinance that creates the non-reverting operating fund can either provide that Council 64 appropriates or the Park Board does and in Ordinance No. 87 - 1985 Council delegated the authority to the 65 Park Board so they actually run that fund. 3(-_),�,, - Common Council Minutes Cont'd. • . . • - �i - ovember 1 s 1993 - . • Pa.e 6 . • 1 The reason for the change,Milligan explained, is that the swimming pool operation is a loser as far as an income and outgo, making it necesary to operate the pool out of the general fund. He said this provides that the swimming pool user fees and concessions all go into the general fund because all the expenses for the pool will be paid out of the general fund and in effect the general fund will subsidize that operation. Milligan said for a number of years the other deposits which include the rentals of open air shelter facilities El throughout the Park system and the rental fees for the cabins have been going into the general fund and not into this non-reverting fund. He explained that that is merely a housekeeping amendment and merely cleans 9 up the practices already in place. 11 11 He pointed.out that the significant change is that income from the swimming pool will be deposited in the 1 general fund and as a result this leaves the Park operations in golf which is obviously the largest money 1 generated program as well as all other types of rentals which include ball diamonds and other facilities. He 1 added that all these will go into the Park non-reverting fund which will mean the Park Board at its meetings 1 will have to appropriate'the money for staff and go through the normal process which includes requisitions 1 through the City Controller's office.He added that that fund is available for Council's review. - 1 1: Councilmember Parker said the capital fund has to go into the budget and Milligan responded that it is 1• basically a fund that hasn't even been used and presently there is no account for it. However this will leave 21 that option open for the future. Councilmember Hutton asked where the money, for example, donations for 2 the Gorge will go and Milligan answered that it will be placed in a separate fund which will be earmarked for 2 donations. Milligan explained the reason for that is when it is received for an earmarked purpose it isn't 2 necessary to go through the appropriations process. He added that is why Council has donations ordinances 2. because it complies with the State Board of Accounts and keeps the City legitimate. 2' 2. Grimes suggested that the words "deposited in the Park and Recreation fund" be replaced by "deposited in 2 the city general fund." 2: 2• Councilmember Hutton moved to amend the ordinance as suggested by Grimes, second by Councilmember 30 Donat and the motion was carried on a unanimous voice vote. 3 3 Councilmember Hutton moved to suspend the rules and advance Ordinance No. 103 - 1993 on second 3 reading and read by title only, second by Councilmember Parker and the motion was carried on a 3. unanimous voice vote. 3 3. The Clerk read Ordinance No. 103- 1993 on second reading. 37 3: President Lundy declared Ordinance No. 103 - 1993 on public hearing. There being no comments either for 3' or against the ordinance, Councilmember McBride moved for engrossment, second by Councilmember Allen 4o and the motion was carried on a unanimous voice vote. 4 4 Councilmember Parker moved to suspend the rules and advance Ordinance No. 103-1993 to third and final 4 reading and read by title only, second by Councilmember Hutton and-the motion was carried on a 4. unanimous voice vote. . 4' • 4• Ordinance No. 103- 1993 was adopted on the following call of the,roll: 4 . 4: Ayes: Elstro, Brookbank, Donat, McBride, Parker,Allen,Dickman, Hutton and Lundy (9) 4° Nays: None. . 50 - .. 5 _ . . • • _ 5 ORDINANCES ON SECOND READING ' 5 . 5. ORDINANCE NO.6-1993 . • _ 5, 5. Ordinance No. 6 -.1993 - A SPECIAL ORDINANCE.VACATING HAYES ARBORETUM ROAD BETWEEN 5 WOODSIDE DRIVE •AND THE CORPORATION LINE - REQUEST THAT THIS ORDINANCE BE 5 STRICKEN 5, - . 6 Councilmember Parker-moved to,strike Ordinance No. 6.- 1993, second by Councilmember Hutton and the 6 motion was carried on a unanimous voice vote. - . 62 6 ORDINANCES ON THIRD READING - - 6 - - . 65 There were none. 883 Common Council Minutes Cont'd November 15, 1993 Pap-7 • 1 OLD BUSINESS 2 3 There was none. 4 5 MISCELLANEOUS BUSINESS 6 7 President Lundy read a memo from the Mayor to all councilmembers, informing them that Stanley Vigran's 8 one-year term on the Economic Development Commission ends on December 31, 1993, and noting, with 9 Council's permission, his appointment of Vigran to a new three-year term ending December 31, 1995. 10 Councilmember McBride moved to approve the Mayor's appointment, second by Councilmember Dickman 11 and the motion was approved by an 8- 1 vote with Councilmember Doriat voting against. 12 • 13 ADJOURNMENT - 14 15 There being no further business,on a motion duly made,seconded and passed,the meeting was adjourned. 16 17 18 - 19 20 21 22 Etta J. Lundy, President 23 24 25 26 27 • 28 ATTEST: 29 Norma Carnes, City Clerk 30 31 32 33 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 _ • e.) "r