HomeMy Public PortalAbout07-19-1993 275
PROCEEDINGS OF THE COMMON COUNCIL OF THE
CITY-OF-RIGHMOND.INI3IAN-ArJUL.Y-18 993
1 The Common Council of the City of Richmond, Indiana met in regular session at 7:30 p.m. Monday, July 19,
2 1993, in the Council Chambers in said City. President Lundy presided with the following Councilmembers
3 present:Elstro, Brookbank, Donat, McBride, Parker,Allen, Dickman and Hutton. The following business was
4 had to-wit:
5
6 PLEDGE OF ALLEGIANCE
7
8 PRAYER-COUNCILMEMBER MC BRIDE
9
10 ROLL CALL
11
12 APPROVAL OF MINUTES OF JULY 6.1993
13
14 Councilmember Brookbank made a motion to approve the minutes of the July 6, 1993, meeting as prepared,
15 seconded by Councilmember McBride and carried on a unanimous voice vote.
16 -
17 COMMUNICATION FROM THE MAYOR
18
19 None
20
21 PRESENTATIONS OF REMONSTRANCES.PETITIONS AND MEMORIALS
22
23 REPORT FROM CITY DEPARTMENTS
24
25 None presented.
26
27 REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY
28
29 None
30
31 REPORTS FROM STANDING COMMITTEES
32
33 Councilmember Hutton reported that the Parks and Recreation Board, in an effort to slow traffic in Glen
34 Miller Park, approved the closing of a portion of the road after entering the park off of Elks Road.Traffic will
35 be routed to the left as it approaches the Y in the road,going by the playground and the park office buildings.
36 concerned with the safety of the children.
37
38 Councilmember Donat reported that HELP the Animal Shelter will be closing September 1 because of dire
39 financial needs. Councilmember Allen made a motion to give the shelter the money collected for licenses
40 through the dog and cat ordinance and it was seconded by Councilmember Donat.
41
42 City Attorney Thomas Milligan said the shelter is operating under the same contract it operated under in
43 1992 and receives a check from the City Controller regularly each month. Councilmember Donat said she
44 had brought before the Board last spring information about how many animals had to be destroyed and the
45 cost of maintaining the shelter, stating that the amount in the contract was not enough to cover those
46 expenses. She added that she spoke to Milligan about negotiating a new contract and asked the
47 Department of Law to draft a new ordinance to get more money.
48
49 She said she and Councilmember Dickman had talked at that time about offering a possible incentive to
50 owners for spaying and neutering, saying that those who spayed and neutered their animals would get their
51 City dog and cat tags free of charge and the fee be raised for those not having it done. Also, in the same
52 ordinance, she said, a provision could be made for automatic spaying and neutering for dogs and cats
53 picked up numerous times. She said she had had no response from Jan Hibner.Councilmember Donat said
54 the HELP the Animal Shelter Inc. was willing to renegotiate the contract and realized they would have to
55 rebid.
56
57 Milligan said the shelter is operating under a legally existing contract and is being paid, adding that the
58 motion on the floor was legally improper. He added that it is a matter which the Board should consider as
59 some type of unitlateral gift, but it cannot be a contract payment. Councilmember Allen noted that it states in
60 61
the ordinance that one of the way funds can be used is to help pay the shelter contract. Milligan said HELP
the Animals Inc. shelter contract has been continued on a month to month basis. He said fees from the sale
62 of tags are an income item and entered in the City Controller's budget for 1993. He said if the Board wishes
63 to designate an additional amount of money then an appropriation ordinance should be prepared. City
64 Controller Dennis Grimes said there is$4,300 in the animal control fund but to use that money would require
65 an appropriation ordinance and it would possibly have to go to the State Tax Board as an additional
appropriation.
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Common Council Minutes Cont'd
July 19, 1993
Cage
1 In answer to a question by Councilmember Hutton, Grimes said the ordinance sets out that the money can
2 be used to supplement the animal shelter's contract and or supplement the salary of the animal control
officer.These are the only two things that the funds can be used for. He added that there is an appropriation
for the animal control officer's salary and an appropriation for the contract. Councilmember Dickman said it
appeared a new contract should be issued.
Councilmember Parker asked when the bidding for the shelter contract would be done for the next year and
Milligan said the Board of Works has it on an upcoming agenda. He added that it has not set the
specifications but has had communication with both local animal shelters noting that the bidding
1 specifications will be changed and both will be able to qualify for the bid which will be sent out within the next
1 month. He said the contract will be let through the end of this administration which is December 1995.
1
1 Councilmember Donat said when she reported in the spring about the annual meeting in April, and
1 requested that Milligan work on a new contract, she also reported that the amount being paid by the City for
1 the animals brought in from the City streets did not equal the cost to the animal shelter and she felt it was
1 subsidizing the City. She said after that meeting someone from the shelter worked with Milligan on a new
1 contract, but that has been several months and now the shelter is at the point that it can not go on.
1 Councilmember Allen said that is the reason she made the motion. Councilmember Donat asked for
1 permission to have local veterinarian Carolyn Blakey step to the lecturn and explain what is needed.
2 However, President Lundy rejected that suggestion, and recommended bids be invited from both shelters
2 and they meet with Milligan instead of taking Council time. Councilmember Donat asked Milligan if the
2 special ordinance could be requested and he answered in the affirmative.
2
2 REPORTS FROM SPECIAL COMMITTEES
2
2 Councilmember Allen commented that she had attended the Wayne County Council on Aging and Aged
2 meeting last week and announced an open house will be held at the facility July 30. She invited everyone to
2 visit at that time.
23
REPORTS FROM OTHER COUNCIL COMMITTEES
3
3 None
3
3, ORDINANCES
3
3° ORDINANCES ON FIRST READING
3
3: Councilmember Brookbank made a motion to suspend the rules and read on first reading by title only
3° Ordinances No. 49, 50, 51, 52, 53 and 54 - 1993, second by Councilmember McBride and carried on a
40 unanimous voice vote.
4
4 ORDINANCE NO.49-1993
The Clerk read Ordinance No. 49 - 1993 - A GENERAL ORDINANCE AMENDING AND RE-STATING
4 CHAPTER 97 OF THE RICHMOND CODE WHICH CREATED THE STREET TREE COMMISSION
4°
4 President Lundy announced Ordinance No. 49 - 1993 will be discussed in a Committee of the Whole
4: meeting.
4°
5D ORDINANCE NO.50-1993
5
5 The Clerk read Ordinance No. 50 - 1993 - A GENERAL ORDINANCE REGARDING GARBAGE AND
5 RUBBISH, BEING CHAPTER 93 OF THE RICHMOND CODE
5•
5 President Lundy announced Ordinance No. 50 - 1993 will also be discussed in a Committee of the Whole
5° meeting.
5
5: ORDINANCE NO.51 -1993
5°
60 The Clerk read Ordinance No. 51 - 1993 - A SPECIAL ORDINANCE AMENDING THE ZONING MAP IN
6 THE 3700 BLOCK OF CHESTER BOULEVARD
6
6 President Lundy announced Ordinance No.51 - 1993 will go to the Planning Commission.
6•
66
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Common Council Minutes Cont'd
July 19, 1993
Page 3
1 ORDINANCE NO.52-1993 •
2
3 The Clerk read Ordinance No.52-1993-A SPECIAL ORDINANCE AMENDING THE ZONING MAP AT 720
4 SOUTH E STREET AND 434 AND 438 SOUTH 8TH STREET
5
6 President Lundy announced Ordinance No.52-1993 will go to the Planning Commission.
7
8 ORDINANCE NO.53-1993
9
10 The Clerk read Ordinance No.53-1993-A SPECIAL ORDINANCE AMENDING THE ZONING MAP AT 615
11 WEST NATIONAL ROAD
12
13 President Lundy announced Ordinance No.53-1993 will go to the Planning Commission.
14
15 ORDINANCE NO.54-1993
16
17 The Clerk read Ordinance No. 54 - 1993 - A SPECIAL ORDINANCE AMENDING THE ZONING MAP AT
18 4810 WOODSIDE DRIVE
19
20 ORDINANCES ON SECOND REAPING.
21
22 ORDINANCE NO.20-1993
23
24 The Clerk read Ordinance No. 20 - 1993 - A SPECIAL ORDINANCE ANNEXING TERRITORY
25 CONTIGUOUS TO THE SOUTHEAST CORPORATION LIMITS TO THE CITY OF RICHMOND
26
27 President Lundy asked for comments from Councilmembers, noting there will be no public hearing at this
28 meeting because it has already been held. Councilmember Elstro moved to table Ordinance No.20-1993 to
29 allow time for the Planning Department and representatives of S.P.U.R. to work together. The motion was
30 seconded by Councilmember Donat. Councilmember Parker asked about the deadline for the South 37th
31 Street construction and Bob Goodwin, Director of Planning, said 30 days would not interfere with it.
32 Councilmember Dickman responded to the motion made by Councilmember Elstro, saying the City has to be
33 reasonable and not make it any tougher to use the land. Councilmember Elstro said S.P.U.R. had indicated
34 that its suggested amendments do not make it tougher, but in some cases more lenient.
35
36 Councilmember Allen noted that Councilmembers had sat through two planning sessions and a work session
37 which brought many changes. She added that the water company is satisfied. Councilmember Donat
38 commented that S.P.U.R. gave its information to Goodwin's office because the issues weren't being dealt
39 with. She added that Karen Kimball,who owns a farm within the area, had retained an attorney and wanted
40 more time. Councilmember Dickman asked where all this excitement had been in the past 20 years now that
41 the City has an opportunity to improve the area. Councilmember Hutton pointed out that Council has the
42 opportunity to see that it is protected properly. Councilmember Parker said he felt waiting 30 days is not out
43 of line. He added that the area is zoned M-2 and waiting is not going to stop any development. After further
44 discussion, President Lundy said these concerns could be covered in a separate workshop so that a
45 workable solution to annex the land could possibly be reached.
46
47 Councilmember Elstro re-stated his motion to table Ordinance No. 20- 1993 for two weeks.The motion was
48 carried through the following call of the roll:
49
50 Ayes: Elstro, Donat, Parker, Dickman, Hutton and Lundy(6)
51 Nays: Brookbank, McBride and Allen(3)
52
53 ORDINANCE NO.40-1993
54
55 The Clerk read Ordinance No. 40- 1993-A SPECIAL ORDINANCE PROMULGATING A NEIGHBORHOOD
56 POLICY
57
58 President Lundy declared Ordinance No.40- 1993 on public hearing.
59
60 Dave Fulton, Chairperson of the Neighborhood Task Force, said the amendment being proposed re-instates
61 a paragraph that was in the original policy. Milligan said the purpose is to indicate there are other community
62 agencies that the neighborhood services clearinghouse could work with and the amendment makes it clear
63 that this City did not control those other agencies. With that understanding the administration does not have
64 any objections. Councilmember Parker asked about a budget that was supposed to be enclosed in the
65 package,saying he was unable to find one.
278
Common Council Minutes Cont'd
July 19, 1993
Page_4
1 Goodwin explained the tentative budget would be around $47,000. He added there are two ways to fund it
2 and that would be up to Council. One is through Human Services, working through the Department of
Administration,giving additional responsibility.The other alternative is to appropriate new money.
Mayor Cornett questioned Goodwin as to the cost of the office and where it is going to be. He said, in his
opinion, there will be more than staff cost and if it is going to be done it should be done right and that will
cost money for the office, furniture, a staff of at least two people and other things resulting in a ball park
figure of around$100,000.
1• Goodwin said the grant application is for the former OSCO Drugs building and the additonal cost of purchase
1 should be handled by that grant but it would mean looking for ongoing expenses to maintain the structure.
1 Councilmember Parker said he felt Council should not be expected to vote on this tonight without some cold,
1 hard figures. President Lundy said that Council could at least have a public hearing and give people a
1, chance to speak. Councilmember Parker said he would like to try to hold it on second reading until Council
1 has a budget. He said he felt the ordinance is premature. Councilmember Allen asked about the grant and
1• matching funds.Goodwin said he would be glad to talk about that privately with Council.
1
1 Paul Lingle, president of the Greater Richmond Progress Committee, said the comprehensive plan for the
1 City was adopted in May 1990 and Council had approved the revisions of the Master Plan in 1992. He noted
2 that one of the major themes in that document is the formation and empowerment of neighborhoods. He
2 stated that the GRPC was formed to bring to life the Master Plan. He said the ordinance is a result of
2 bringing together all interested groups, associations, organizations and individuals to discuss, review and
21 include and finally recommend it to Council. He added that it has the total support of the community.
2
22 Fulton said by passing the ordinance it would announce to the world that Richmond is trying to take a step
2 forward in the organization of government, noting that what is at hand is creating a partnership between a
2 formal City government and the citizens of that City if they are organized into neighborhoods. He said this is
2: a partnership rarely recognized in a formal fashion and that is what the ordinance does.
2•
30 He said the City is going on record in encouraging neighbors to work together to identify and solve the
3 problems that they feel are the most important that they face in the places where they live. He added that it
3 indicates that the City will respond quickly and positively to initiatives that come from those neighborhoods
3 and consult with them when considering issues that directly affect those living in those neighborhoods. The
3, partnership, Fulton said, will empower citizens to address the problems they see as important. He said it will
3 weaken the dependency the people feel right now on City hall and will weaken the tendency to pass all
3• problems on to City hall for its decision. He noted that it will also create a clearinghouse, provide mutual
3 support among neighborhood associations and neighborhood centers, support programs such as leadership
training,provide assistance and training in problem solving and allow for the central location of resources.
41 Councilmember Parker encouraged those Councilmembers who have not been to any of the neighborhood
meetings to attend one meeting even if is not in their particular neighborhood.
Speaking in favor of the ordinance was Anna Ferguson at 1135 Hunt Street who said she is a VISTA worker,
organizer and coordinator.She said more than 100 people have attended the two meetings held so far in her
4 neighborhood. She asked Councilmembers to ask themselves the question as to why the neighborhood
4 centers are important. She said neighborhoods working together can take control of their neighborhood and
4 enhance the environment, improve education, educate the people around them and enhance the safety of
4 the area. It will be neighbors working together to bring landlords and renters together on common ground of
4 keeping the property up and neighbors will work to keep their own properties up. She added that there is
5 also power in numbers, noting that when the whole neighborhood speaks someone would not only listen but
5 will act upon it. She said her neighborhood will work with the park department in planting trees and flowers
5 and will also work with the Crime Watch program and Aaron Stevens on the bicycle patrol.
5
5 She said they will work with the City's departments in the areas of snow removal, leaf pick and clean up their
5 own properties. She said neighbors working together will be involved in all aspects of urban life which
5 include crime prevention, safety, noise, litter, better housing, child care, landlord participation, illegal
5 activities and many more. She spoke to the cost, noting that to get started money will be needed for stamps,
5: newsletters and various other articles. She asked Councilmembers to take a look at their neighborhoods and
5• see what an asset such a center will be, noting there will be different needs in each neighborhood.
60
6 Jean Pritchard at 125 South 11th Street said she has lived there two years and is now involved in a
6 neighborhood group organized about three years ago. She said she can see great improvement in the 10th
6 Street Park area because of the organization.
6,
6
279
Common Council Minutes Cont'd
July 19, 1993
Page-5
1 Connie Bell, head of the Information and Referral program in the City's Human Services office, said she has
2 been working for three years for the Enterprise Zone to get the neighborhood centers going. She said she
3 gets many questions on her Information and Referral telephone and gives guidance and advice. She said
4 that could be and possibly should be a solution to many of the problems, adding that what she does in her
5 office could possibly be divided equally throughout the City and a lot more people would be taken care of,
6 helping the community grow in educating a lot of people about programs that are available. President Lundy
7 asked Bell to supply Councilmembers with a list of the neighborhood groups and their meeting times and
8 dates.
9
10 Gene Spicer, executive director of Townsend Community Center, encouraged Council to support the
11 ordinance and encouraged them to find ways to fund it. He added that he sees the enthusiasm which comes
12 from working together so he realizes it works and it is very powerful to work together. He said it not only
13 affects the adults but gives children role models.
14
15 Anna Holovaty, interim director of the Urban Enterprize Zone, said she has been working on the newsletter
16 spotlighting the neighborhoods and had copies of the first issue which Councilmembers had received in their
17 packets.
18
19 Councilmember Hutton moved to amend the ordinance as it was presented,second by Councilmember Allen
20 and carried by a unanimous voice vote. Councilmember Parker said it could still be discussed at a later
21 meeting.
22
23 ORDINANCES ON THIRD READING
24
25 ORDINANCE NO.36-1993
26
27 The Clerk read Ordinance No. 36 - 1993 - A SPECIAL ORDINANCE AMENDING THE ZONING MAP AT
28 350 WAYNE ROAD
29
30 Councilmember Donat asked if the junk cars had been cleaned up and Milligan responded that the inspector
31 had visited the property and the Department of Law will be filing an action to enforce the terms of the
32 ordinance. He added that under the M-1 zoning a junk yard is a special use but it will require the owner to
33 actually petition and that action would be before this Council. He said until that is done the owner has a
34 conformance with the zoning ordinance. The inspection indicated that the property owner was in violation,
35 Milligan said. It is now zoned R-1 and if Council would pass the ordinance tonight the owner would still be in
36 violation under the M-1 zoning because he has not obtained special use.
37
38 Attorney Douglas Norris, representing D&J Mobile Homes who want to place a sign on the property which
39 belongs to Curtis Beavers, said he had obtained the owner's signature and his authorization to proceed to
40 get the zoning. Norris said he had talked with his client about the junk cars and he had agreed they should
41 be cleaned up and would offer encouragement to Beavers to do that but added that Beavers is the owner of
42 the property. He said he hoped Council would not defer the matter until the cars are cleaned up. Milligan said
43 a letter has been sent to Beavers. Councilmember Elstro said the past administration had talked with
44 Beavers about the junk cars but no action had been taken by the property owner. Councilmember Dickman
45 said this is an ongoing problem and now that the red flag has been raised the City is going after him and
46 Council will not let the City drop the ball. Councilmember Donat said she hated to penalize the businessman,
47 however, if Beavers is to gain financially from this and Council refuses to grant the zoning until he takes care
48 of the cars that may give him some incentive to move on the situation so he can go through with the financial
49 agreement. Milligan said the City would be aggressive in going ahead with its action by filing an injunction
50 suit and placing a financial burden on Beavers each day of violation. Explaining the procedure, he said that
51 will start with writing tickets for violation of the zoning ordinance and he will be ticketed until the point where
52 he ignores the tickets then the injunction will be filed.
53
54 Ordinance No.36-1993 was adopted by the following call of the roll:
55
56 Ayes: Brookbank, Donat,McBride, Parker,Allen, Dickman, Hutton and Lundy(8)
57 Nays:Elstro(1)
58
59 MISCELLANEOUS BUSINESS
60
61 Councilmember Allen said since there was no agreement as the Board of Directors of RP& L to increase the
62 amount that RP& L gives the city for its budget she said the budget committee is working with the City and
63 needs a number to put in the budget which will be submitted to Council next month.The City Controller,she
64 said, has asked Council to give some sense of what kind of money to expect. Milligan said this legislative
65 body can appropriate.
280 •
Common Council Minutes Cont'd
July 19, 1993 •
Page-6
1 Mayor Cornett said the City is up against a deadline and will prepare the budget with the$1.5 million unless
Council says otherwise. Councilmember Lundy said the figure was $1,640,000.last year. Councilmember
Dickman asked if doing that at Council's next meeting will be too late and Mayor Cornett responded that
every day makes it more difficult and it has to be prepared.Grimes requested Councilmembers to act tonight
and give him a figure so he can proceed with the budgetary process.Councilmember Brookbank moved that
$1,640,000 be taken from Richmond Power&Light and it was seconded by Councilmember McBride.
7
Councilmember Dickman commented that if the City received $2 million from RP & L four or five years ago,
how can it go on operating on less money today but expect the services to be maintained. He added that the
1 net effect of the current contribution to the City is$365,000 and this year it will be only$165,000. He said he
11 couldn't understand how it is possible for RP&L to increase its income and go for rate increases and expect
1 the City to operate on less and less. He suggested that the final decision wait until the next meeting to see if
1 there is any more money available for the City. Milligan said Council is not appropriating money with this
1 motion but simply directing the controller to prepare the budget with that figure in mind for the time being. He
1 said it is along the same principle that Council directed him to prepare an ordinance earlier in the evening.
1 The motion passed seven to two.
17
1 ADJOURNMENT
1
2 There being no further business, on a motion duly made,seconded and passed and carried on a unanimous
21i voice vote,the meeting was adjourned.
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2 Etta J.Lundy, President
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3: Norma Carnes, City Clerk
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