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HomeMy Public PortalAbout10-19-1992 169 PROCEEDINGS OF THE COMMON COUNCIL OF THE CLT_Y_OFR1CHMONDJNDIANA,OCT-OBER S 199g 1 The Common Council of the City of Richmond, Indiana met in regular session at 7:30 p.m. Monday,October 2 19, 1992, in the Council Chambers in said City. President Elstro presided with the following Councilmembers 3 present:Lundy, 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 DONAT 9 10 ROLL CALL 11 12 APPROVAL OF MINUTES OF OCTOBER 5.199Z 13 14 Councilmember Brookbank made a motion to approve the minutes of the September 8, 1992 meeting as 15 prepared,seconded by Councilmember Allen 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 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 October 1 and October 8 meetings were in the packets. 32 33 Councilmember Parker noted that the trash bag is still over the left-hand turn lane designation on the 34 stoplight on Chester Boulevard and the entrance to Reid Hospital. He said he thinks the state is wrong in 35 determining that the turn arrow is not needed especially since traffic was backed up from the bridge to 36 Sylvan Nook Drive on both sides of the street. He suggested the state come back and check out the traffic at 37 other times than when there is very little traffic. 38 39 Councilmember McBride said he was pleased with the prompt response of the Department of Public Works 40 in handling a matter between Richmond Avenue and Kinsey where an alley needed fixing, and also for 41 taking care of trimming a tree on North 21 st Street. 42 43 REPORTS FROM STANDING COMMITTEES 44 45 Councilmember Brookbank noted that Dr. Michael Hinshaw had been chosen as Humanitarian of the Year at 46 an event which took place at Reid Hospital. 47 _— 48 Councilmember Lundy reported that she was pleased with the positive report from the Housing Authority, 49 noting it has a 95 percent occupany rate with only three percent delinquency rate for rentals and 100 percent 50 occupany rate with only two percent delinquency rate in home ownership. She also gave the names of the 51 winners in the recent safety poster contest sponsored by the Housing Authority Risk Detention Insurance 52 Company. Winners in the 6 to 9 age group were Michelle Hesery, $50 for first place,Jeanna Carter,$30 for 53 second, and Coleena Carter, $10 for third; in the 10 to 14 age group,Joy Sherry, $50, Letisha Walker, $30, 54 and Tansy Carter, $10;and Katara Harper, $50, Donald Conner,$30, and no winner for third. 55 56 57 Councilmember Donat explained the red ribbon she was wearing was in the Human Services newsletter 58 calling attention to Red Ribbon week Oct. 24 through Nov. 1, in hopes to make citizens more aware of the 59 problems of drugs and alchohol in communities.The purpose of the week-long project is to develop a strong 60 prevention program. 61 62 63 President Elstro recognized the students in the audience who were there accompanied by their teacher 64 Robert Zinkan from Richmond High School. 65 Common Council Minutes Cont'd October 19, 1992 Page-2— REPORTS FROM SPECIAL COMMITTEES Councilmember Lundy reported that Ordinance No. 73- 1992 which is in the Committee of the Whole is set to be brought out at the request of Bob Goodwin, director of the Department of Planning. That meeting will be at 7 p.m.Tuesday, Nov. 10,at the city building. REPORTS FROM OTHER COUNCIL COMMITTEES None 1 ORDINANCES 1 1 ORDINANCES ON FIRST READING 1 111 Councilmember Brookbank made a motion to suspend the rules and read on first reading by title only Ordinances No. 76, 77, 78 and 79- 1992, second by Councilmember McBride and carried on a unanimous 1 voice vote. 1 1 ORDINANCE NO.76-1992 2 2 The Clerk read Ordinance No. 76 - 1992 - A GENERAL ORDINANCE REVISING THE RATES AND 2 CHARGES FOR SERVICES RENDERED BY RICHMOND POWER&LIGHT 2 2 Councilmember Brookbank moved to suspend the rules and read Ordinance No. 76 - 1992 on second 2 reading by title only,second by Councilmember McBride and carried by a unanimous voice vote. 2 2 The Clerk read Ordinance No.76- 1992 on second reading. 2: 2• Richmond Power & Light General Manager Irving Huffman prefaced his remarks with the comment that 3o these rates had nothing to do with the cable TV business and there is no connection with it whatsoever. 3 3 He explained that RP& L's request had been filed with the Indiana Utility Regulatory Commission which has 3 already assigned an engineering staff to review the facilities and assigned an accounting staff made up of 3, CPAs to the case which will be heard by utilities who practice in the utility industry. He said passing this 3 ordinance will allow RP& L to go ahead and take that step with the Commission which will review it and the 3. Public Utilities Council will view it in detail taking the position of the public and the rate case.Their testimony 3 along with RP & L's will be presented to the Commission which will pass on whether the case has the merits 3: to move on. It is something that will be discussed with this Board. 3• 40 He said RP & L has a reserve, adding that figure should be increased, noting there should be control in case 4 of any major problems. The reserve, he said, will allow RP & L to delay the next rate increase to some 4. extent for perhaps a four-year period when RP& L will probably need to come back and adjust the rates. He 4 said this rate increase involves realignment of rates to conform to what the commission expects RP & L to 4, be conforming to. He pointed out that it is difficult to move from non-conformance to complete conformance 4' in one step and that is why RP&L is proposing it be made in a series of steps. 4. 43 In answer to Councilmember Brookbank's question about the 25.7 percent increase for the street lights 4 being extremely high, Huffman said there is no way to do it more gradually, stating that the consultants 46 advised RP & L of the disparity in the street light rates noting that it is so low it needs to be brought up. He 5 added that the rate payer has been subsidizing the street light payment and this should be shifted to the 5 taxpayer and away from the rate payer. Even thought they may be the same person, it needs to be 5 separate. 5 5 Councilmember Allen noted the three percent late payments on residential and commercial but questioned 5 the 10 percent late payment on industrial. Huffman apologized for not having the exact figures but felt the 10 5 percent figure was incorrect. He said he would check to see if it was an error. 57 58 Milligan said it is the Council's role to adopt the rate, but they can also amend before it takes effect. As a 5• Council, he said, members would be setting the rates tonight, not setting them on what might be done in the 6. future. He added that this is not a conditional package. 6 6 Councilmember Dickman interjected that the 10 percent figure mentioned earlier by Councilmember Allen 6 was not a late fee charged to industrial but the interest rate per annum. 6, 6 Huffman said Council is submitting the rates but the commission has the authority to modify but not accept 171 Common Council Minutes Cont'd October 19, 1992 Page 1 and they will make the changes. He added that the Commission will not accept the rate schedule as Council 2 dictates it. Milligan called Huffman's attention to the statute I.C. 8-1.5-3-8, sub part F,which requires 3 that rates and charges established under this section are subject to the approval of the municipal legislative 4 body by ordinance which is this Council and the Commission, referring to the Indiana Regulatory 5 Commission. He said it is not a case of the Commission overruling this body but a case of taking this to the 6 Commission, adding that whatever action the Commission takes is an act of recommendation.This body sets 7 the rate under Indiana law which requires the approval of both bodies. Milligan said it will take an ordinance 8 to conform to those recommendations. 9 10 President Elstro declared Ordinance No. 76- 1992 on public hearing.There being no comments either for or 11 against, Councilmember Brookbank moved for engrossment,second by Councilmember Hutton, and carried 12 by unanimous voice vote. 13 14 Councilmember Brookbank moved to suspend the rules and advance Ordinance No. 76 - 1992 to third and 15 final reading and read by title only, second by Councilmember McBride and carried by a unanimous voice 16 vote. 17 18 The Clerk read Ordinance No.76-1992 on third reading. 19 20 Ordinance No.76-1992 was adopted by the following call of the roll: 21 22 Ayes: Lundy, Brookbank, Donat, McBride, Parker,Allen, Dickman, Hutton and Elstro(9) 23 Nays: None 24 25 ORDINANCE NO.77-1992 26 27 The Clerk read Ordinance No. 77 - 1992 - A GENERAL ORDINANCE ESTABLISHING AN ORDINANCE 28 VIOLATION FOR OWNERS OF BARKING DOGS 29 30 President Elstro announced that the ordinance would go into the Committee of the Whole. 31 32 ORDINANCE NO.78-1992 33 34 The Clerk read Ordinance No. 78 - 1992 - A SPECIAL ORDINANCE EXPRESSING SUPPORT FOR AN 35 ECONOMIC DEVELOPMENT PROGRAM FOR ALL OF WAYNE COUNTY, INDIANA 36 37 Councilmember Hutton asked if the ordinance is passed does it automatically include the by laws. Milligan 38 answered that it does not, explaining that it will be a not-for-profit corporation which will select its own board 39 of directors and adopt its own set of by laws. It will not come back to Council for any action. Councilmember 40 Hutton expressed her concern about ensuring that everyone will be well represented such as minorities and 41 women. Milligan said the group will be a privately organized corporation and not subject to Council approval. 42 President Elstro pointed out that Mayor Cornett has three appointments to make and asked the Mayor if any 43 of the 13 appointments will be those who have been elected to public office. Milligan noted that Council may 44 approve or disapprove the Mayor's appointments. 45 46 Mayor Cornett said he would hope that the Board would be selected by the end of November and if Council 47 approves his three selections things will go forward. Council will be asked to repeal the current ordinance that 48 sets up what is happening now, then pass an ordinance to fund the new organization next year with the 49 money it appropriated for the current structure when the current board is dissolved. He added that that can't 50 happen without Council repealing the current ordinance and the new organization cannot be funded with the 51 money Council appropriated for the current operation without Council passing another appropriation 52 ordinance. Mayor Cornett noted that the new Board will have 13 members -three appointed by the County 53 Commissioners with the approval of the County Council,three by the Mayor with approval of the City Council, 54 one each from Fountain City, Hagerstown, Cambridge City and Centerville appointed by the Town Boards 55 and three from the Richmond/Wayne County Chamber of Commerce. 56 57 Councilmember Donat commented that this ordinance supports an economic development program for 58 Wayne County and is a large part of Richmond and economic development. She added that it is about time 59 the two worked together and voiced her support of the ordinance. She also noted that she feels the 60 Richmond economic development program with Jim Kinnett as director, is in good hands. 61 62 Councilmember McBride moved to suspend the rules and advance Ordinance No. 78 - 1992 to second 63 reading and read by title only,second by Councilmember Parker and carried by a unanimous voice vote. 64 65 The Clerk read Ordinance No.78-1992 on second reading. i 72 Common Council Minutes Cont'd October 19, 1992 Page-4 1 President Elstro declared Ordinance No.78- 1992 on public hearing.There being no comments either for or against, Councilmember Hutton moved for engrossment, second by Councilmember Parker and carried by a 3 unanimous voice vote. Councilmember Lundy moved to suspend the rules and advance Ordinance No. 78 - 1992 to third and final reading and read by title only,second by Councilmember McBride and carried by a unanimous voice vote. The Clerk read Ordinance No.78-1992 on third reading. 1 Councilmember Brookbank commented that she has supported this all along, adding that she believes this 1 ordinance and the whole concept will enhance the ability to do more things in a bigger way. Councilmember 1 Allen called it a great move. 1 1 Ordinance No.78- 1992 was adopted by the following call of the roll: 1 1 Ayes:Lundy, Brookbank, Donat, McBride, Parker,Allen, Dickman,Hutton and Elstro. 17 Nays:None 1 1 ORDINANCE NO.79-1992 2 2 The Clerk read Ordinance No. 79 - 1992 -AN APPROPRIATION ORDINANCE AMENDING ORDINANCE 2 NO. 2 - 1992, AN AMENDMENT OF ORDINANCE NO. 36 - 1991, COMMONLY KNOWN AS THE 1992 SALARY ORDINANCE. 2 22 Milligan corrected 7.11 to read$25,171 which is the present salary level for PAT II engineering specialist. He 2 noted the ordinance eliminates the engineering aide at the PAT IV level and creates a second engineering 2 specialist on the PAT II level. The money is available to pay at that rate for the balance of the year. 2 Answering Councilmember Allen's question, Milligan said this is not a new position only an enhancement for 2' the engineering aide position moving the pay up to$25,171,eliminating the engineering aide position paying 3 $18,048.He added that the 1993 budget has this pattern of organization. 3 3 Councilmember Brookbank moved to suspend the rules and advance Ordinance No. 79 - 1992 to second 31 reading and read by title only,second by Councilmember McBride and carried by a unanimous voice vote. 3 The Clerk read Ordinance No.79-1992 on second reading. 31 President Elstro declared the ordinance on public hearing. There being no comments either for or against, Councilmember McBride moved for engrossment, second by Councilmember Hutton and carried by a unanimous voice vote. 4 Councilmember Brookbank moved to suspend the rules and advance Ordinance No. 79 - 1992 to third and 4 final reading and read by title only, second by Councilmember McBride and carried by a unanimous voice 4$ vote. 4 4. The Clerk read Ordinance No.79-1992 on third reading. 41 Ordinance No.79-1992 was adopted on the following call of the roll: 4 4 Ayes: Lundy, Brookbank, Donat, McBride, Parker,Allen, Dickman, Hutton and Elstro (9) 51 Nays: None 5 5 ORDINANCES ON SECOND READING 5 5, ORDINANCE NO.28-1992 55 5 The Clerk read Ordinance No. 28- 1992-A GENERAL ORDINANCE AMENDING CHAPTER 130 OF THE 5 RICHMOND CODE CONCERNING GENERAL OFFENSES IN REGARD TO FIREWORKS 5 5 President Elstro called the ordinance out of the Committee of the Whole, explaining that the state is working 6 on a new ordinance and he asked that this ordinance be stricken. 6 6 Councilmember Donat reported that she had talked with State Representative Phyllis Pond of New Haven, 16 sponsor of the bill, who said legislation was passed last year but it was killed in the Senate.Two weeks ago 6 the Appellate Court ruled that wholesalers cannot sell fireworks retail in Indiana. Pond's advice was to let the 65 ordinance drop and see where it goes in the court, keeping a very close eye on it. Donat said she felt that Common Council Minutes Cont'd October 19. 1992 Page 5 1 selling fireworks when it is illegal to set them off is a mockery of the law and she would like to make sure that 2 mockery ends. 3 4 Councilmember Parker moved to strike Ordinance No. 28 - 1992, second by Councilmember McBride and 5 carried by a unanimous voice vote. 6 7 MISCELLANEOUS BUSINESS 8 9 Councilmember McBride asked about the draft of the Historic Review Board ordinance Councilmembers had 10 received in their packets. Milligan noted that the draft is merely a proposal and he is preparing a workable 11 tool administratively and will have it ready for Council at its Nov. 2 meeting. He added that if any 12 Councilmember wished to work with him on it he will welcome it. 13 . 14 Councilmember Parker reported that several people had asked about the ruling made on the board of zoning 15 appeals and the determination the council made of the property located off of Salisbury Road where the 16 batting cages and golf course were going to be built. He asked if Council would be willing to bring that back 17 onto the floor and rezone it to its original state. He asked that Councilmembers make their wishes known. 18 19 ADJOURNMENT 20 21 There being no further business,on a motion duly made,seconded and passed,the meeting was adjourned. 22 23 24 25 26 27 Howard J. Elstro, President 28 29 30 31 111 32 ATTEST: 33 Norma Carnes,City Clerk 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 •174