HomeMy Public PortalAbout12-07-1992 18 5
PROCEEDINGS OF THE COMMON COUNCIL OF THE
CITE(-OF ICHMOND-IND#ANA.-DECEMBER-7-.4992
1
1 The Common Council of the City of Richmond, Indiana met in regular session at 7:30 p.m. Monday,
2 December 7, 1992, in the Council Chambers in said City. Vice President Lundy presided with the following
3 Councilmembers present: Brookbank, Donat, McBride, Parker, Allen, Dickman and Hutton. President Elstro
4 was absent.The following business was had to-wit:
5
6 PLEDGE OF ALLEGIANCE
7
8 PRAYER-COUNCILMEMBER ALLEN
9
10 ROLL CALL,
11
12 APPROVAL OF MINUTES OF NOVEMBER 16.1992
13
14 Councilmember Brookbank made a motion to approve the minutes of the November 16, 1992 meeting as
15 prepared,seconded by Councilmember Dickman and carried on a unanimous voice vote.
16
17 COMMUNICATION FROM THE MAYOR
18
19 None presented.
20
21 PRESENTATIONS OF REMONSTRANCES.PETITIONS AND MEMORIALS
22
23 None presented.
24
25 REPORT FROM CITY DEPARTMENTS
26
27 None presented.
28
29 REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY
30
31 Minutes of the November 12, 19 and 26 meetings were in the packets.
32
33 REPORTS FROM STANDING COMMITTEES
34
35 None presented.
36
37 REPORTS FROM SPECIAL COMMITTEES
38
39 Councilmember Hutton reported that several Councilmembers discussed over a year ago plans to have a
40 plaque made listing all former members of Council and placing it in the City Building. She noted that it will
41 include the years from 1840 through 1992. It will be in 27 sections and will possibly be a three by four foot
42 plaque, listing everyone who was elected to Council and finished serving their terms. The estimated cost of
43 the plaque is around $1,000. She asked the assistance of some historians to look up all the names, making
44 sure they are spelled correctly before placing them on the plaque. She said anyone interested in helping
45 could contact her.
46
47 REPORTS FROM OTHER COUNCIL COMMITTEES
48
49 None presented.
50
51 ORDINANCES
52
53 ORDINANCES ON FIRST READING
54
55 Councilmember Brookbank made a motion to suspend the rules and read on first reading by title only
56 Ordinances No. 88, 89, 90, 91, 92, 93, 94, and 95 - 1992, second by Councihrember McBride and carried
57 on a unanimous voice vote.
58
59 ORDINANCE NO.88-1992
60
61 The Clerk read Ordinance No. 88 - 1992 - AN APPROPRIATION ORDINANCE TO BE KNOWN AS THE
62 1993 POLICE OFFICER AND FIREFIGHTERS SALARY ORDINANCE
63
64 Councilmember Parker explained that the ordinance determines the amount of bi-weekly salaries according
65 to the classifications in the police and firefighters. The salaries are the same as last year, reflecting no pay
raise for 1993.
IS 6
Common Council Minutes Cont'd •
December 7, 1992
Cagan? —
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1
Councilmember Brookbank moved to suspend the rules and read on second reading by title only Ordinance
No.88-1992,second by Councilmember Hutton and carried by a unanimous voice vote.
The Clerk read Ordinance No. 88-1992 on second reading.
Vice President Lundy declared the ordinance on public hearing. Jerry Purcell, president of Local1408
Richmond Professional Firefighters, came forward to share some thoughts with Councilmembers. He stated
that everyone had been made aware of the tight money situation facing American cities. He added that the
City's most important infrastructure is its employees who should be given the highest priority. He said the
1 City must lead the way for area business and industry to stop the downward spiral of not keeping wages up
1 with the cost of living. In conclusion, he said it was his belief that the City government and City employees
1 must work closely together to assure the highest priority is given to keep quality career employees and
1 assure quality people to continue to serve the taxpayers in this community.
1
1 Councilmember Brookbank moved for engrossment, second by Councilmember Parker and carried by a
1 unanimous voice vote.
1 Councilmember Brookbank moved to suspend the rules and advance Ordinance No. 88 - 1992 to third
1 reading and read by title only.
2
2 The Clerk read Ordinance No. 88-1992 on third reading.
2
2 Ordinance No. 88- 1992 was adopted by the following call of the roll:
2
2 Ayes:Lundy, Brookbank,Donat, McBride, Parker,Allen, Dickman and Hutton(8)
2 Absent: Elstro
2
2 ORDINANCE NO.89-1992
2•
3 The Clerk read Ordinance No. 89 - 1992 - A SPECIAL ORDINANCE AMENDING THE ZONING MAP AT
3 230 SOUTH 3RD STREET
3
3 Vice President Lundy announced the ordinance would go to the Planning Commission.
3
3, ORDINANCE NO,90-1992
3°
3 The Clerk read Ordinance No. 90 - 1992 - AN APPROPRIATION ORDINANCE AMENDING THE 1992
3: BUDGET
3°
40 Councilmember Parker explained that the ordinance dealt with transfer of funds within the Department of
4 Administration, Motor Vehicle Fund and Department of Law.
4
4 Councilmember Brookbank moved to suspend the rules and advance Ordinance No. 90 - 1992 to second
44 reading and read by title only,second by Councilmember McBride and carried by unanimous voice vote.
4
4 The Clerk read Ordinance No. 90-1992 on second reading.
4.
4 Vice President Lundy declared the ordinance on public hearing. Councilmember Dickman questioned part B
4 of the ordinance. City Attorney Thomas Milligan suggested striking part B. Councilmember McBride moved
5 to amend the ordinance striking part B, second by Councilmember Hutton and carried by a unanimous voice
5 vote. There being no comments either for or against the ordinance, Councilmember McBride moved for
5 engrossment,second by Councilmember Brookbank and carried by a unanimous voice vote.
5 .
5, Councilmember Allen moved to suspend the rules and advance Ordinance No. 90 - 1992 to third and final
5 reading and read by title only,second by Councilmember Parker and carried by a unanimous voice vote.
5
5• The Clerk read Ordinance No.90- 1992 on third reading.
5:
5• Ordinance No. 90-1992 was adopted by the following call of the roll:
6.o
6 Ayes:Lundy, Brookbank,Donat, McBride, Parker,Allen, Dickman and Hutton(8)
6 Absent: Elstro
6 .
6, ORDINANCE NO.91 -1992
6• •
The Clerk read Ordinance No. 91.- 1992 - AN APPROPRIATION ORDINANCE AMENDING THE 1992
BUDGET ' -
187
Common Council Minutes Cont'd
December 7, 1992
Page 3 -
1 . City Attorney Thomas Milligan explained that the ordinance was simply a reduction ordinance, moving the
2 amounts out of the appropriating categories, reducing and doing away with certain appropriations. Deletions
3 included $200,000 from insurance, $75,000 for removal of underground tanks, $48,000 from other
4 administrative expenses and$22,095 from pensions which were not needed for this year.
5
6 Councilmember McBride moved to suspend the rules and advance Ordinance No. 91 - 1992 to second
7 reading and read by title only,second by Councilmember Brookbank and carried by a unanimous voice vote.
8
9 The Clerk read Ordinance No. 91 -1992 on second reading.
10
11 Vice President Lundy declared the ordinance on public hearing. There being no comments either for or
12 against, Councilmember Dickman moved for engrossment, second by Councilmember Brookbank and
13 carried by a unanimous voice vote.
14
15 Councilmember Brookbank moved to suspend the rules and advance Ordinance No. 91 - 1992 to third and
16 final reading and read by title only, second by Councilmember McBride and carried by a unanimous voice
17 vote.
18
19 The Clerk read Ordinance No.91 -1992 on third reading.
20
21 Ordinance No.91 -1992 was adopted by the following call of the roll.
22
23 Ayes: Lundy, Brookbank, Donat, McBride, Parker,Allen, Dickman and Hutton (8)
24 Absent:Elstro
25
26 ORDINANCE NO. 92-1992
27
28 The Clerk read Ordinance No. 92 - 1992 - AN APPROPRIATION ORDINANCE AMENDING THE 1992
29 BUDGET
30
31 Milligan explained that this ordinance is an additional appropriation making it necessary to introduce it at this
32 meeting so it can be on public hearing on second reading at the December 21 meeting. He explained that
33 since it is an additional appropriation it has to be advertized. He told Councilmembers they would have the
34 necessary facts and figures in hand within the week.
35
36 ORDINANCE NO.93-1992
37
38 The Clerk read Ordinance No. 93 - 1992 -AN APPROPRIATION ORDINANCE AUTHORIZING THE CITY
39 OF RICHMOND, INDIANA, TO MAKE TEMPORARY LOANS TO MEET CURRENT RUNNING EXPENSES
40 FOR THE USE OF THE GENERAL FUND OF THE ISSUER, IN ANTICIPATION OF AND NOT IN EXCESS
41 OF CURRENT TAXES LEVIED IN THE YEAR 1992, AND COLLECTIBLE IN THE YEAR 1993;
42 AUTHORIZING THE ISSUANCE OF TEMPORARY LOAN TAX ANTICIPATION TIME WARRANTS TO
43 EVIDENCE SUCH LOANS AND THE SALE OF SUCH WARRANTS TO THE INDIANA BOND BANK; AND
44 APPROPRIATING AND PLEDGING THE TAXES TO BE RECEIVED IN SUCH FUNDS TO THE PUNCTUAL
45 PAYMENT OF SUCH WARRANTS INCLUDING THE INTEREST THEREON
- 46
47 Milligan said the statue provides this can be done by issuance of tax anticipation warrants by local
48 subdivisions of government and sold through the Indiana Bond Bank. He added that the warrants will enable
49 the City to receive the funds it would normally get in the June and December settlements of the two tax
50 collections in May and November 1993. He stated that doing this enables the City to deposit the money early
51 in the year and have it available for the cash flow as well as earn interest. He explained the reason for the
52 ordinance is to provide for the City's cash flow requirements for the first five months of 1993 because the
53 working balance in the general fund is low and simply would not carry the City through the first part of the
54 year.
55
56 Mayor Cornett stated that although spending is well under the appropriations the tax collections had fallen
57 short of what had been projected resulting in the cash flow not being there. In previous years the cash
58 balance has been sufficient making it unnecessary to do this. He added that borrowing against the entire
59 collection and having the money available is the No. 1 objective.
60
61 Councilmember Donat questioned Milligan about the procedure. He explained that the Indiana Bond Bank is
62 set up by Indiana law to combine the financial transactions of a number of municipalities. He said they are,
63 packaged together making it a more economical package so they can issue several million dollars worth of
64 bonds at a better rate and lower cost than an individual municipality could do on its own. The Indiana Bond
65 Bank has been in existence for 10 years,cresated for that specific purpose, making it a boon to cities.
1 i'
Common Council Minutes Coned • - ' - - - •
•
December 7, 1992 ' . ••• .• •
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, Councilmember Don 'questioned the interest rate,'noting
g that the City--will pay well over$-150,000. Milligan
assured her the City could recoup the money:.She asked if other alternatives other than the tax anticipation
warrahts had been considered. Milligan answered that,the George S. Olive Co:; consultants hired by the
City, had recommended that the warrants were the most economical, giving the City the availability of funds
when they were needed. He added that this move had been established'asthe best thingfor Richmond at
this time. She asked about borrowing from the Cumulative Development Fund or Sanitary Waste Fund and
Milligan answered that neither of these were set up for lending. He said several alternatives had been
studied.but that Sher suggestion was not legal under Indiana Law. However, Councilmember Donat
questioned that,saying she had met with a man from State Board of Accounts who indicated otherwise.
11
1 Councilmember Donat stated that since she had not received the information until Friday evening she had
1- not had the proper amount of time to research it' and would like more time to study it. Mayor Cornett
1 reminded her that Council had been aware of the cash flow problem faced by the City since August. Milligan
1• said the ordinance could be held for two weeks but recommended that it be acted upon by the end of the
1- year. Vice President Lundy asked if the City would have to do the same thing next year and Mayor Cornett
1; answered that if everything goes as projected that should not be necessary.
1
1: ORDINANCE NO.94-1992
20 The Clerk read Ordinance No. 94 - .1992 - A SPECIAL ORDINANCE APPROVING THE MAYOR'S
2 APPOINTMENT TO THE BOARD OF DIRECTORS OF THE ECONOMIC DEVELOPMENT CORPORATION
2. OF WAYNE COUNTY, INDIANA
2
2- Mayor Cornett stated that his appointments for Council's approval were Dr. Charles Nelms, Orville Allen and
2' Stanley Vigran. He added that the names of other appointees had been published but those appointed by
2. the Richmond/Wayne County Chamber of Commerce have yet to be announced.They are Paul Lingle,Gary
2 Adamson and Jan Passmore.
2:
2° Councilmember Brookbank moved to suspend the rules and advance Ordinance No. 94 - 1992 to second
30 reading and read by title only,second by Councilmember McBride and carried by a unanimous voice vote.
3
3. The Clerk read Ordinance No.94-1992 on second reading.
II
3• Vice President Lundy declared the ordinance on public hearing. There being no comments either for or
3- against, Councilmember McBride moved for engrossment, second by Councilmember Hutton and carried by
3• a unanimous voice vote.
3
3: Councilmember Brookbank moved to suspend the rules and advance Ordinance No. 94 1992 to third and
3° final reading and read by title only, second by Councilmember McBride and carried by a unanimous voice
4 0 vote.
4
4. The Clerk read Ordinance No.94-1992 on third reading. -
Ordinance No.94- 1992 was adopted on the following call of the roll:
4.
4; Ayes:Lundy, Brookbank, Donat, McBride,Parker,Allen, Dickman and Hutton(8) 1
4 Absent:Elstro , .
4:
4° ORDINANCE NO.95-199Z •
51
5 The Clerk read,Ordinance No. 95 - 1992 - A SPECIAL ORDINANCE TO ACQUIRE PROPERTY FOR
5- OFF-STREET PARKING PURPOSES' •
5 . - .
5- Milligan explained that this is a special ordinance authorizing expenditure of money for an off-street parking
5- facility which is already a parking lot at the southeast corner of North 8th and C Streets. The cost, which is
5; the average of two'appraisals, is$8,500. He added that this is part of an overall tract of land discussed with
5 the desire to acquire more parking facilities for CIGNA.
5: j ,
5° Councilmember Brookbank moved to suspend the rules and advance Ordinance No. 95 - 1992 to second
60 reading and read by title only,second by Councilmerriber McBride and carried by a unanimous•voice vote.
6
6- The Clerk read Ordinance No.95-1992 on second reading.
6 ;
6• Vice President Lundy,declared the ordinance on public hearing. There being no comments either for or
6 against the ordinance, Councilmember McBride moved for engrossment, second by Councilmember Allen
and carried by a unanimous voice vote. . - . .
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189
Common Council Minutes Cont'd
- December 7, 1992
Page-5
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1 Councilmember Brookbank moved to suspend the rules and advance Ordinance No. 95 - 1992 to third and
2 final reading and read by title only, second by Councilmember McBride and carried by a unanimous voice
3 vote.
4
5 The Clerk read Ordinance No.95-1992 on third reading.
6
7 Ordinance No.95-1992 was adopted on the following call of the roll:
8
9 Ayes:Lundy,Brookbank, Donat, McBride, Parker,Allen, Dickman and Hutton (8)
10 Absent: Elstro
11
12 ORDINANCES ON SECOND READING
13
14 ORDINANCE NO.71 -1992
15
16 The Clerk read Ordinance No. 71 - 1992 - A SPECIAL ORDINANCE AMENDING THE ZONING MAP AT
17 650 PROGRESS DRIVE
18
19 Councilmember Brookbank pointed out that the Planning Commission in its public hearing recommended
20 approval of the request with an 8 to 0 vote.
21
22 The Clerk read the letter from Planning Commission.
23
24 Vice President Lundy declared the ordinance on public hearing. Attorney George Sowers, representing DEA
25 Realty Inc.whose owner is Donald Atkins, distributed copies of the zoning map to Councilmembers showing
26 where the branch office of the Perfect Circle Credit Union will be built. He said an agreement had already
27 been signed to merge with Wayne Employees Credit Union.
28
29 Councilmember McBride stated that the Planning Commission members receive no pay and he felt if they
30 voted 8 to 0 to approve the request then Council should support their findings.
31
32 Hearing no comments against the ordinance, Councilmember McBride moved for engrossment, second by
33 Councilmember Parker and carried by unanimous voice vote.
34
35 Councilmember Brookbank moved to suspend the rules and advance Ordinance No. 71 - 1992 to third and
36 final reading and read by title only,second by Councilmember McBride and carried by unanimous voice vote.
37
38 The Clerk read Ordinance No.71 - 1992 on third reading.
39
40 Ordinance No.71 -1992 was adopted on the following call of the roll:
41
42 Ayes:Lundy,Brookbank, Donat, McBride, Parker,Allen, Dickman and Hutton (8)
43 Absent:Elstro
44
45 ORDINANCE NO.77-1992
46
47 The Clerk read Ordinance No. 77 - 1992 - A GENERAL ORDINANCE ESTABLISHING AN ORDINANCE
48 VIOLATION FOR OWNERS OF BARKING DOGS
49
50 Councilmember Allen suggested making an amendment to exempt the HELP the Animals Shelter Inc. and
51 Councilmember Hutton asked that the Animal Welfare Shelter also be included.
52
53 Councilmember Allen moved to amend the ordinance, second by Councilmember Hutton and carried by a
54 unanimous voice vote.
55
56 Councilmember McBride said if the ordinance is not abused it is a good ordinance, noting that the intent is to
57 curtail the continued barking and annoying the residents in a neighborhood. He said he was in favor of it if it
58 isn't abused. Councilmember Brookbank said she realizes that all dogs bark at times, but added that
59 excessive barking for two hours is too long.
60
61 Vice President Lundy declared the ordinance on public hearing. Charles Coy, a resident of New Paris Pike,
62 asked if that two-mile fringe area would be included in the ordinance. Milligan answered that it would not,that
63 it only comes under the zoning ordinance.
64
65 Police Chief Dennis Rice assured Councilmembers that his department would not allow the ordinance to be
abused, noting that the owner of the occasional barking dog would not be cited.
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Common Council.Minutes Cont'd • ° • ' •
December 7, 1992' • 111,
Pag:6,; _
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1 - Speaking in favor•of'the ordinance, David Harrison of 322 South West.and$treet said when he first moved I ;
2 into his neighborhood there-was only one-dog but now there,are four: The barking has been a problem for I!,
S • the past several months;he said;and when he has called the police he's bean told they couldn't do enything
4 -about it without an ordinance. He said.he would like to see this ordinance passed,adding that he wouldn't
5 mind seeing a little prison time stuck in there someplace. He.felt, however,that heavier penalties-should be
6 imposed because he felt that to some people money isn't going to matter that much.
7
Hearing no comments against the ordinance Councilmember Brookbank moved for engrossment,second by
• Councilmember Parker and carried by a unanimous voice vote.
1'
1 Councilmember Allen moved to suspend the rules and advance Ordinance No. 77- 1992 to third and final
1• reading and read by title only,second by Councilmember Dickman and carried by a•unanimous voice vote.
1
1, The Clerk read Ordinance No.77-1992 on third reading.
1-
1; Milligan said it'was important for Council to adopt the amendment but it was not possible to exempt the
1 shelters by name,adding that it had to be done by category.-He read the wording of the provision applying to
1: Section B - 91.04: "provided that this subsection shall not apply to a sheltering facility maintained on a
1' not-for-profit basis for homeless and unrestrained dogs."
26 • .
2 Councilmember Brookbank withdrew her motion for engrossment and Councilmember Parker withdrew his
2 second.Councilmember Allen withdrew her motion for third and final reading.
2
2, Councilmember Brookbank moved to amend the ordinance adding the statement provided by Milligan,
2- second by Councilmember Allen and carried by a unanimous voice vote.
2;
2 Councilmember Brookbank moved for engrossment, second by Councilmember Hutton and carried by a
2: unanimous voice vote.
2'
30 Councilmember Allen moved to suspend the rules and advance Ordinance No, 77- 1992 to third and final
3 reading and read by title only,second by Councilmember Dickman and carried by a unanimous voice vote.
3-
3 The Clerk read Ordinance No.77-1992 on third reading.
3,
3' Ordinance No.77-1992 was adopted on the following call of the roll:
3;
3 Ayes:Lundy, Brookbank, Donat,McBride,Parker,Allen, Dickman and Hutton(8)
3: Absent:Elstro
3'
40 ORDINANCE NO,83-199$
4
4- The Clerk read Ordinance No. 83 - 1992 -A SPECIAL ORDINANCE AMENDING THE ZONING MAP AT
2121 EASTMAIN STREET,
Councilmember Parker moved to strike Ordinance No. 83 - 1992 based upon the recommendation of the
4: Planning Commission,second by Councilmember McBride and carried by a unanimous voice vote.
4'
4. MISCELLANEOUS BUSINESS
4°
56 Councilmember Hutton moved to appoint Rev. James Girdley to the Police Merit Commission, second by
5 Councilmember Parker and carried by a unanimous voice vote.
5•
5 Milligan stated that since the ordinance passed for barking dogs imposes a penalty, it will not be effective
5• until advertized in the legal section of the local newspaper..
5' ,
5. City Clerk Norma Carnes,speaking as manager of the off-street parking for the City, reported that a security
5 guard had been hired for the downtown parking garage,beginning Friday, December 4.
5: - '
5° Councilmember Allen:asked for an update',on the ordinances in the Committee of the Whole, 'noting that
60 there are three - redistricting, the Master Plan and vicious dogs.Vice President Lundy said it would be the
6 first of the year before the Master Plan!would be brought back before Council..She said she had referred a
6. recent caller about the vicious dog ordinance to President Elstro but he hadn't called her back. And,finally,
6 the ordinance on redistricting will have to be acted upon before the end of the year.
6- 1 I
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6 ADJOURNMENT , • .
j There being no further business,on a motion duly made,seconded and passed,the meeting was adjourned.
1
1.
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Etta J.Lundy,Vice President 1
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ATTEST:
•Norma Carnes,City Clerk . 1 '
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