HomeMy Public PortalAbout12-16-1991 69
PROCEEDINGS OF THE COMMON COUNCIL OF THE
CITY OF RICHMOND. INDIANA. DECEMBER 16. 1991
1 The Common Council of the City of Richmond, Indiana met in regular session on December 16, 1991 at the
2 hour of 7:30 P.M. in the Council Chambers in said City. President Hutton presided with the following
3 Councilmembers present: Elstro, Lundy, Brookbank, Hankinson, McBride, Parker, Morris and Paust.
4 Absent: None. Representatives of the following media were in attendance: WCTV CABLE 16,
5 WKBV/WFMG,WHON/WQLK and Palladium Item. The following business was had to-wit:
6
7 PLEDGE OF ALLEGIANCE
8
9 SILENT DEVOTIONS
10
11 APPROVAL OF MINUTES OF DECEMBER 2. 1991
12
13 Councilmember Lundy moved to approve the minutes of the previous meeting as prepared, seconded by
14 Councilmember Brookbank and on unanimous voice vote the motion was carried.
15
16 COMMUNICATIONS FROM THE MAYOR
17
18 Mayor Frank Waltermann addressed the Council for his final appearance. He gave a recap including
19 accomplishments that had been outlined in the 1983 Democrat Platform. A summary of the platform
20 accomplishments include:
21
22 Mayor Waltermann told Council that his administration had operated on a very code of ethics, the Human
23 Rights Commission had been reinstated, accessibility for the disabled had been a priority not only for the city
24 facilities, but also to insure accessibility all over the city.
25
26 Mayor Waltermann said he had assumed direct responsibility for the business of the City and attended
27 Council meetings. He noted that the Council had improved their relations and gained insight to the various
28 departments by having meetings with them individually.
29
30 Mayor Waltermann said the City had taken advantage of many state and federally funded programs for law
31 enforcement, had instituted E911, established a Special Investigations Unit, K-9 Unit and have taken
32 deterred crime and provided education and strong leadership in the Police Department.
33
34 Mayor Waltermann stated that the Fire Department now has great communication and and is one of the best
35 in state in professionally trained firefighters. He added that the equipment had been updated.
36
37 The Mayor indicated that the Street Department is in control of overtime, established a long term street
38 maintenance program and schedules for street sweeping, leaf collection and tree removal and have worked
39 in cooperation with the county and state on projects.
40
41 Mayor Waltermann told Council that Rose View Transit has been staffed with qualified personnel and
42 improved their service and efficiency through route restructuring, and discount passes for seniors, student
43 and the disabled.
44
45 Mayor Waltermann continued with the Park Department and the establishment of advisory boards and
46 cooperation with the Richmond Community Schools. He sated that Springwood Lake had been upgraded
47 and a new senior center established.
48
49 Mayor Waltermann spoke of the various accomplishments in other departments of the City including the
50 close supervision of the budget and day to day advise given to the various departments by the Controller.
51 He said the Engineer is highly qualified and updated city maps working with Planning, Sanitary District,
52 Street Department, the County and various utilities. The Mayor said the Planning Department has
53 encouraged planned and orderly growth through the development of the Master Plan using over 200 citizens
54 with their input. He said they are now updating the building and housing codes and involved in the GIS.
55
56 Mayor Waltermann said personnel of the City was very important and the employees were supported and
57 58
communication encouraged. He added the Oliver System for classification was used and all employees
involved in the development of their job descriptions,with wages and fringes being brought to a better level.
59
60 The Mayor told Council of the importance of centralized purchasing and the savings to the City along with
61 the improvements to the Sanitary District by having its supervisor qualified and trained, establishing proper
62 user fees, in house billing, improvements in solid waste collection, the encouragement of recycling and
63 maintenance of the storm sewers. -
64
65 Mayor Waltermann complimented the Council for their work as the Board of Directors of RP&L and the very
66 efficient operation of that utility and the benefit it provides the City.
70
Common Council
December 16, 1991
Page 2
1 Mayor Waltermann continued with his overview and noted the establishment of the Telecommunications
2 Council to address cable related issues, the Economic Development Office and all its work, the ILS at the
3 Airport, the cooperation between the City and the School, the importance of the environment through
4 programs such as energy conservation, recycling, SURE and ECFAP. He addressed the importance of
5 preserving the history of the City and working with Starr Neighborhood,Old Richmond and Mainstreet.
6
7 Mayor Waltermann spoke of the importance placed on housing through such programs as In-fill, Home
8 Equity Conversion, Rental Rehab and Homeowner Rehab. He said the importance of social services and
9 human services had been addressed through communication, Information and Referral, assisting with
10 funding and responding to the needs of the general public.
11
12 Mayor Waltermann told Council of the various awards the City had received over the past eight years
13 including All America City, Indiana Cities and Towns for Purchasing and Economic Development, Governor's
14 Award for Sister Cities relations with Serpukhov, EPA Award for the Sewer Treatment Plant, Tree City USA
15 Award, Governor's Award for Transit Management, Reader's Digest award for Sister's Cities Program and
16 being nationally ranked as 41st out of 219 micro-neapolitan cities.
17
18 Mayor Waltermann said he was leaving office happy with the successes and thanked the Council for their
19 assistance and also thanked all the volunteer members of the various Board and Commissions serving under
20 him.
21
22 Mayor Waltermann presented plaques to the members of Council who were also leaving office,
23 Councilmember Morris serving from 1984 through 1991, Councilmember Hankinson serving from 1980
24 through 1991 and Councilmember Paust serving from 1964 to 1971, 1976 to 1983 and 1988 to 1991.
25
26 Mayor Waltermann presented all the members of Council a print of the City Building and Council Courthouse
27 done by Jack Phelps.
28
29 President Hutton presented Mayor Waltermann a painting from the Council to show their appreciation for his
30 service to this community.
31
32 Councilmember Paust thanked all and noted he would be back.
33
34 PRESENTATION OF REMONSTRANCES. PETITIONS AND MEMORIALS
35
36 None were presented.
37
38 REPORTS FROM CITY DEPARTMENTS
39
40 None were presented.
41
42 REPORTS FROM OTHER OFFICES
43
44 None were presented.
45
46 REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY
47
48 Councilmember Elstro stated he was not happy with the bid award for the sheltering of animals and did not
49 understand the decision to award it to HELP the Animals, Inc.
50
51 President Hutton asked about the bid award for central garage and the ordinance to use local labor. Mr.
52 Metzger commented that state law set out the requirements for public work contracts and if the City's
53 ordinance was in conflict, state law would supersede. He said the law requires the bid be awarded to the
54 lowest bidder being responsible meaning capable and responsive meaning meeting all the bid requirements.
55 He said the bid specs can encourage the use of local contractors and vendors and the City does include this
56 in their bids.
57
58 Councilmember Elstro asked about prevailing wage and who checks to make certain it is paid and Mr.
59 Metzger said the City can enforce this by asking for payroll records and also through state agencies.
60 .
61 Mayor Waltermann added that Ms. McFarland actually goes out on job sites to interview employees for
62 payroll records when federal dollars are involved in a project.
63
64 REPORTS FROM SPECIAL COMMITTEES
65
66 Committee of the Whole
Common Council Minutes Con't
December 16, 1991
Page 3
1 Councilmember Lundy reported the Animal Control ordnance was still in Committee of the Whole and would
2 be set for hearing after the first of the year.
3
4 REPORTS FROM STANDING COMMITTEES
5
6 Reid Hospital
7
8 Councilmember Brookbank reported they the 1992 capital budget had passed.
9
10 REPORTS FROM SPECIAL COUNCIL COMMITTEES
11
12 None were presented.
13
14 MISCELLANEOUS BUSINESS
15
16 Appointment to Human Rights Commission
17
18 Councilmember Brookbank moved to reappoint Ms. Hope Farber to the Human Rights Commission,
19 seconded by Councilmember Hankinson and on unanimous voice vote the motion was carried.
20
21 RESOLUTIONS
22
23 None were presented.
24
25 ORDINANCES
26
27 Councilmember requested that Ordinances No. 73 and 74- 1991 on second reading be brought up for action
28 now, since persons in attendance wanting to speak for them were unable to stay due to another
29 commitment.
30
31 Councilmember Morris so moved, seconded by Councilmember Elstro and on unanimous voice vote the
32 motion was carried.
33
34 ORDINANCE NO.73-1991
35
36 The Clerk read on second reading by title only Ordinance No. 73-1991 - AN ORDINANCE FOR THE
37 RECOVERY OF COSTS FOR HAZARDOUS MATERIAL SPILLS.
38
39 The Proof of Publication was presented and found to be in order.
40
41 Councilmember Morris moved to accept and file the Proof of Publication, seconded by Councilmember
42 Brookbank and on unanimous voice vote the motion was carried.
43
44 President Hutton announced the ordinance was on public hearing.
45
46 Speaking in favor was Chief Jim Sticco. Chief Sticco explained to the Council the number of incidents of
47 hazardous material spills was on the increase and the IDEM requirements for clean up were very strict. He
48 said they need new material to handle the waste and are finding that 90% of the spills are carelessness.
49 Chief Sticco said the training to those involved was also very costly to the department.
50
51 Chief Sticco told Council that the department has cleaned up 47 spills costing over 7,000.00.
52
53 Councilmember Parker asked if the City was getting reimbursed now and Chief Sticco said no we were not.
54
55 Councilmember Parker asked if some of the spills were auto wrecks and the Chief stated they were, but they
56 could no longer flush and needed to use special materials to clean up.
57
58 Councilmember Parker felt that the 250.00 fee was a little steep for a fender bender accident and felt some
59 common sense needed to be used on fees for such accidents.
60
61 Councilmember Hankinson asked about repeats and Chief Sticco said there were very few and added that it
62 was also costly to clean up fender benders.
63
64 Mr. Fred Griffin, Director of Wayne County Emergency Management, told Council he was in favor of
65 establishing the fees. He said it was allowable to recover the cost of clean up for hazardous spills and the
City needed to recover the costs,since this was not the normal business of a Fire Department.
7-2
Common Council Minutes Cont'd
December 16, 1991
Page 4
1 Councilmember McBride commented that many of the spills looked like auto accidents and the Chief agreed
2 that many were accidents or leaking fuel tanks,but nevertheless they still had to be properly cleaned up. He
3 added that if this were to get into the sewers, it would cause major damage to the treatment plant.
4
5 Councilmember McBride asked who would be billed for the clean up and the Chief stated that a company or
6 insurance agency in most cases.
7
8 Councilmember Parker agreed with the cost recovery, but felt it should be in lesser amounts for smaller
9 incidents.
10
11 Mr. Metzger said the department could charge for whole or part hours and have a descrpition on the
12 charges.
13
14 Councilmember Paust felt the 250.00 rate was reasonable and that it would be broken into six minute
15 increments at 25.00 plus the cost of materials used.
16
17 There being no further discussion, Councilmember Hankinson moved for engrossment, seconded by
18 Councilmember Brookbank and on unanimous voice vote the motion was carried.
19
20 Councilmember Morris moved to suspend the rules and move Ordinance No. 73-1991 to third and final
21 reading and read by title only, seconded by Councilmember McBride and on unanimous voice vote the
22 motion was carried.
23
24 The Clerk read the ordinance on third and final reading by title only.
25
26 Ordinance No.73-1991 was adopted on the following call of the roll:
27
28 Ayes: Elstro, Lundy, Brookbank, Hankinson, McBride, Parker, Morris, Paust and Hutton (9)
29 Nays: None
30
31 ORDINANCE NO.74-1991
32
33 The Clerk read on second reading Ordinance No. 74-1991 - AN ORDINANCE AMENDING CHAPTER 120
34 OF THE RICHMOND CITY CODE, BURGLARY AND ROBBERY ALARM SYSTEMS TO INCLUDE NEW
35 SECTIONS ON FIRE ALARM SYSTEMS.
36
37 The Proof of Publication was presented and found to be in order. Councilmember Morris move to accept
38 and file the Proof of Publication, seconded by Councilmember McBride and on unanimous voice vote the
39 motion was carried.
40
41 President Hutton announced the Ordinance was on public hearing.
42
43 Speaking in favor was Chief Jim Sticco. Chief Sticco told Council that in 1990 and 1991 there were 200 false
44 alarms with many of them being repeats. He said by law they must respond and the false alarms are an
45 unnecessary expenditure of public funds and could cause serious energy during an emergency response
46 that would be unnecessary.
47
48 Councilmember Parker asked about the calls to Reid Hospital and also wondered if the calls to the 600
49 Building involved the License Branch and if they could be charged.
50
51 Mr. Metzger said they might have trouble with Reid and the State on collection of fees.
52
53 Mr. Mike Allen, Battalion Chief,told Council the 600 Building calls were the responsibility of the owner of the
54 building who maintained the alarm system. He said that Reid does try to help out with false alarms. Mr.
55 Allen noted that there are many problems with automatic sprinkler systems and the sensors involved, but
56 that many are resolvable and can be addressed. He felt that systems might be better maintained if people
57 were forced to do so.
58
59 Councilmember McBride asked about the nursing homes and why they should be punished for being
60 cautious and Chief Sticco said many try to repair their systems cheap and do not maintain well. He said they
61 would use discretion with the false alarms.
62 .
63 Councilmember Parker noted that 47 on the list of false alarms were government agencies.
64
65 There being no further discussion, Councilmember Hankinson moved for engrossment, seconded by
Councilmember Brookbank and on unanimous voice vote the motion was carried.
73
Common Council Minutes Cont'd
December 16, 1991
Page 5
1 Councilmember Brookbank moved to suspend the rules and move Ordinance No. 74-1991 to third and final
2 reading and read by title only, seconded by Councilmember Hankinson and on unanimous voice vote the
3 motion was carried.
4
5 The Clerk read the ordinance on third and final reading by title only.
6
7 Ordinance No.74-1991 was adopted on the following call of the roll:
8
9 Ayes: Elstro, Lundy, Brookbank, Hankinson, McBride, Parker, Morris, Paust and Hutton (9)
10 Nays: None
11
12 ORDINANCES ON FIRST READING
13
14 Councilmember Morris moved to suspend the rules and read on first reading by title only Ordinances No.
15 75, 76, 77, 78, 79, 80, 81, 82 and 83-1991, seconded by Councilmember Hankinson and on unanimous
16 voice vote the motion was carried.
17
18 ORDINANCE NO.75-1991
19
20 The Clerk read on first reading by title only Ordinance No. 75-1991 - AN ORDINANCE RATIFYING THE
21 PROFESSIONAL NEGOTIATION AGREEMENT BETWEEN THE FOP BARGAINING UNIT AND THE CITY
22 OF RICHMOND, INCLUDING SETTING SALARIES AND ESTABLISHING THE LONGEVITY PAY OF
23 RICHMOND POLICE OFFICERS.
24
25 Councilmember Morris moved to suspend the rules and move Ordinance No. 75-1991 to second reading,
26 seconded by Councilmember Hankinson and on unanimous voice vote the motion was carried.
27
28 The Clerk read Ordinance No.75-1991 on second reading.
111 29
30 President Hutton announced the Ordinance was on public hearing.
31
32 Mr. Mark Smith, Chairman of the FOP Bargaining Committee, asked the Council the adopt the ordinance
33 and thanked the City's negotiating team, Councilmember McBride, Mary Merchanthouse and Marge Sweet
34 for their time and dedication on the negotiations.
35
36 Councilmember Hankinson moved for engrossment, seconded by Councilmember Brookbank and on
37 unanimous voice vote the motion was carried.
38
39 Councilmember Brookbank moved to suspend the rules and move Ordinance No. 75-1991 to third and final
40 reading and read by title only, seconded by Councilmember Hankinson and on unanimous voice vote the
41 motion was carried.
42
43 The Clerk read the ordinance on third and final reading by title only.
44
45 Ordinance No.75-1991 was adopted on the following call of the roll:
46
47 Ayes: Elstro, Lundy, Brookbank, Hankinson, McBride, Parker, Morris, Paust and Hutton (9)
48 Nays: None
49
50 ORDINANCE NO.76-1991
51
52 The Clerk read on first reading by title only Ordinance No. 76-1991 - AN ORDINANCE APPROVING
53 COMPENSATION OF EMPLOYEES OF RICHMOND POWER AND LIGHT AND MATTERS RELATED
54 THERETO.
55
56 Councilmember Morris moved to suspend the rules and move Ordinance No. 76-1991 to second reading,
57 seconded by Councilmember McBride and on unanimous voice vote the motion was carried.
58
59 The Clerk read Ordinance No.76-1991 on second reading.
60
61 President Hutton announced the Ordinance was on public hearing.
62
63 There being no public comment, Councilmember Hankinson moved for engrossment, seconded by
64 Councilmember Parker and on unanimous voice vote the motion was carried.
65
7
Common Council Minutes Cont'd
December 16, 1991
Page 6
1 Councilmember Brookbank moved to suspend the rules and move Ordinance No. 76-1991 to third and final
111
2 reading and read by title only, seconded by Councilmember Hankinson and on unanimous voice vote the
3 motion was carried.
4
5 The Clerk read the ordinance on third and final reading by title only.
6
7 Ordinance No.76-1991 was adopted on the following call of the roll:
8
9 Ayes: Elstro, Lundy, Brookbank, Hankinson, McBride, Parker, Paust and Hutton (8)
10 Nays: Morris
11
12 TRANSFER ORDINANCE NO.77-1991
13
14 The Clerk read on first reading by title only Ordinance No. 77-1991 - AN ORDINANCE TO TRANSFER
15 WITHIN THE GENERAL FUND.
16
17 Councilmember Morris moved to suspend the rules and move Ordinance No. 77-1991 to second reading,
18 seconded by Councilmember Hankinson and on unanimous voice vote the motion was carried.
19
20 The Clerk read Ordinance No.77-1991 on second reading.
21
22 President Hutton announced the Ordinance was on public hearing.
23
24 Councilmember Parker noted it was a transfer to cover health insurance costs.
25
26 Councilmember Hankinson moved for engrossment, seconded by Councilmember Brookbank and on
27 unanimous voice vote the motion was carried.
28
29 Councilmember Lundy moved to suspend the rules and move Ordinance No. 77-1991 to third and final
30 reading and read by title only, seconded by Councilmember Hankinson and on unanimous voice vote the
31 motion was carried.
32
33 The Clerk read the ordinance on third and final reading by title only.
34
35 Ordinance No. 77-1991 was adopted on the following call of the roll:
36
37 Ayes: Elstro, Lundy, Brookbank, Hankinson, McBride, Parker, Morris, Paust and Hutton (9)
38 Nays: None
39
40 ORDINANCE NO.78-1991
41
42 The Clerk read on first reading by title only Ordinance No. 78-1991 - AN ORDINANCE TO TRANSFER
43 WITHIN THE MOTOR VEHICLE HIGHWAY FUND.
44
45 Councilmember Brookbank moved to suspend the rules and move Ordinance No. 78-1991 to second
46 reading,seconded by Councilmember Hankinson and on unanimous voice vote the motion was carried.
47
48 The Clerk read Ordinance No.78-1991 on second reading.
49
50 President Hutton announced the Ordinance was on public hearing.
51
52 It was noted the transfer was for the purchase of chain saws and jack hammers.
53
54 Councilmember Hankinson moved for engrossment, seconded by Councilmember Brookbank and on
55 unanimous voice vote the motion was carried.
56
57 Councilmember Brookbank moved to suspend the rules and move Ordinance No. 78-1991 to third and final
58 reading and read by title only, seconded by Councilmember Hankinson and on unanimous voice vote the
59 motion was carried.
60
61 The Clerk read the ordinance on third and final reading by title only.
62
63 Ordinance No.78-1991 was adopted on the following call of the roll:
64
65 Ayes: Elstro, Lundy, Brookbank, Hankinson, McBride, Parker, Morris, Paust and Hutton (9)
66 Nays: None
Common Council Minutes Cont'd
December 16, 1991
Page 7
1 ORDINANCE NO.79-1991
2
3 The Clerk read on first reading by title only Ordinance No. 79-1991 -AN ORDINANCE TO REDUCE WITHIN
4 THE AIRPORT FUND.
5
6 Councilmember Morris moved to suspend the rules and move Ordinance No. 79-1991 to second reading,
7 seconded by Councilmember Hankinson and on unanimous voice vote the motion was carried.
8
9 The Clerk read Ordinance No.79-1991 on second reading.
10
11 President Hutton announced the Ordinance was on public hearing.
12
13 It was noted the reduction was to balance the 1992 budget.
14
15 Councilmember Hankinson moved for engrossment, seconded by Councilmember Brookbank and on
16 unanimous voice vote the motion was carried.
17
18 Councilmember Brookbank moved to suspend the rules and move Ordinance No. 79-1991 to third and final
19 reading and read by title only, seconded by Councilmember Hankinson and on unanimous voice vote the
20 motion was carried.
21
22 The Clerk read the ordinance on third and final reading by title only.
23
24 Ordinance No. 79-1991 was adopted on the following call of the roll:
25
26 Ayes: Elstro, Lundy, Brookbank, Hankinson, McBride, Parker, Morris, Paust and Hutton (9)
27 Nays: None
28
29 ORDINANCE NO.80-1991
30
31 The Clerk read on first reading by title only Ordinance No. 80-1991 -AN ORDINANCE TO REDUCE WITHIN
32 THE LOCAL LAW ENFORCEMENT CONTINUING EDUCATION FUND.
33
34 Councilmember Morris moved to suspend the rules and move Ordinance No. 80-1991 to second reading,
35 seconded by Councilmember Hankinson and on unanimous voice vote the motion was carried.
36
37 The Clerk read Ordinance No.80-1991 on second reading.
38
39 President Hutton announced the Ordinance was on public hearing.
40
41 The reduction was to balance the 1992 budget.
42
43 Councilmember Morris moved for engrossment, seconded by Councilmember Brookbank and on unanimous
44 voice vote the motion was carried.
45
46 Councilmember Brookbank moved to suspend the rules and move Ordinance No. 80-1991 to third and final
47 reading and read by title only, seconded by Councilmember Hankinson and on unanimous voice vote the
48 motion was carried.
49
50 The Clerk read the ordinance on third and final reading by title only.
51
52 Ordinance No. 80-1991 was adopted on the following call of the roll:
53
54 Ayes: Elstro, Lundy, Brookbank, Hankinson, McBride, Parker, Morris, Paust and Hutton (9)
55 Nays: None
56
57 ORDINANCE NO.81-1991
58
59 The Clerk read on first reading by title only Ordinance No. 81-1991 -AN ORDINANCE TO REDUCE WITHIN
60 THE PARK SINKING BOND FUND.
61
62 Councilmember Morris moved to suspend the rules and move Ordinance No. 81-1991 to second reading,
63 seconded by Councilmember McBride and on unanimous voice vote the motion was carried.
64
65 The Clerk read Ordinance No.81-1991 on second reading. -
Common Council Minutes Con't
December 16, 1991 •
Page8
1 President Hutton announced the Ordinance was on public hearing.
2
3 The reduction was due to the bonds not costing as much as anticipated.
4
5 Councilmember Hankinson moved for engrossment, seconded by Councilmember Brookbank and on
6 unanimous voice vote the motion was carried.
7
8 Councilmember Lundy moved to suspend the rules and move Ordinance No. 81-1991 to third and final
9 reading and read by title only, seconded by Councilmember Hankinson and on unanimous voice vote the
10 motion was carried.
11
12 The Clerk read the ordinance on third and final reading by title only.
13
14 Ordinance No.81-1991 was adopted on the following call of the roll:
15
16 Ayes: Elstro, Lundy, Brookbank, Hankinson, McBride, Parker, Morris, Paust and Hutton (9)
17 Nays: None
18
19 ORDINANCE NO.82-1991
20
21 The Clerk read on first reading by title only Ordinance No. 82-1991 - AN ORDINANCE APPROVING AND
22 CONFIRMING A FRANCHISE AGREEMENT GRANTING A FRANCHISE TO TCI OF INDIANA, INC. TO
23 CONSTRUCT, OPERATE, AND MAINTAIN A CABLE SYSTEM IN THE CITY OF RICHMOND, INDIANA;
24 SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF THE FRANCHISE; PROVIDING FOR
25 REGULATION AND USE OF THE SYSTEM; AND PRESCRIBING PENALTIES FOR THE VIOLATION OF
26 THE PROVISIONS OF THE AGREEMENT.
27
28 Councilmember Morris moved to suspend the rules and move Ordinance No. 82-1991 to second reading,
29 seconded by Councilmember Hankinson and on unanimous voice vote the motion was carried.
30
31 The Clerk read Ordinance No. 82-1991 on second reading.
32
33 President Hutton announced the Ordinance was on public hearing.
34
35 Mr. Metzger told Council the process for the renewal of the Franchise Agreement began two years ago on a
36 request by TCI to renew in 1993. He said all factors had been examined through public hearing,surveys and
37 engineering studies. Mr. Metzger said after the process by the Telecommunications Council a Franchise
38 Agreement is not being presented for approval by the Council.
39
40 Mr. Metzger outlined the proposed agreement as being 15 years in length contingent upon a rebuild/upgrade
41 within five years to a minimum of 72 channels. He said the franchise fees will be 5%with 2% going to the
42 operations of access channels and default and penalty procedures are specifically outlined.
43
44 Mr. Metzger informed Council that the Telecommunications Council had determined that TCI had met the
45 specifications set out in the four factors for consideration and the Board of Works had held a hearing on
46 December 5, 1991 and recommended approval of the Council.
47
48 Mr. Metzger said the Telecommunications Council feels they have negotiated a good agreement and it is in
49 the best interest of the City.
50
51 Councilmember Morris thanked the Telecommunications Council and felt it was a wise decision of the
52 Common Council to have impaneled the Telecommunications.
53
54 Councilmember Morris asked Mr. Metzger about a conflict with the Council and any cable franchise
55 agreement with RP&L.
56
57 Mr. Metzger told Council that if another franchise agreement is granted, it has to be the same or similar to
58 the one granted to TCI. He said there might be an ethical conflict, but not a legal one and if the agreement
59 are comparable,there would less problem presented.
60
61 Mr. Rich Cody,Area Manager of TCI,thanked all for their dedication to this process specifically the members
62 of the Telecommunications Council; Paul Miller, Ann Hanes,Jack Cost,John Von Pein and Francis Daniels
63 and City Attorney Bruce Metzger and City Clerk Mary Merchanthouse. He said they spend many hours on
64 this agreement and he thanked all for the opportunity to continue to do business in this community.
65
77
Common-CouncilAin utes-GonVd
December-16, 991
Page 9
1 Mr. Paul Miller, Chairman of the Telecommunications Council, congratulated the members of the
2 Telecommunications Council for their long hours and hard work and told Council it was a very good
3 Franchise Agreement.
4
5 Councilmember Elstro thanked the Telecommunications Council and felt they had done a marvelous job.
6
7 Councilmember Brookbank moved for engrossment, seconded by Councilmember McBride and on
8 unanimous voice vote the motion was carried.
9
10 Councilmember Brookbank moved to suspend the rules and move Ordinance No. 82-1991 to third and final
11 reading and read by title only, seconded by Councilmember Morris and on unanimous voice vote the motion
12 was carried.
13
14 The Clerk read the ordinance on third and final reading by title only.
15
16 Ordinance No. 82-1991 was adopted on the following call of the roll:
17
18 Ayes: Elstro, Lundy, Brookbank, Hankinson, McBride, Parker, Morris, Paust and Hutton (9)
19 Nays: None
20
21 ORDINANCE NO.83-1991
22
23 The Clerk read on first reading by title only Ordinance No. 83-1991 - AN ORDINANCE REGULATNG THE
24 OFFICIAL ACTIVITIES OF EXTRAJURISDICTIONAL LAW ENFORCEMENT OFFICERS WITHIN THE
25 MUNICIPAL JURISDICTION.
26
27 President Hutton announced the Ordinance had to be advertised for public hearing.
28
29 ORDINANCES ON SECOND READING
30
31 ORDINANCE NO.71-1991
32
33 The Clerk read on second reading Ordinance No. 71-1991 -AN ORDINANCE AMENDING CHAPTER 154
34 OF THE MUNICIPAL CODE, BEING ORDINANCE NO. 2325-1968, COMMONLY KNOWN AS THE
35 ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA PROVIDING FOR THE REZONING OF
36 PROPERTY LOCATED AT 431 SOUTH 4TH STREET, FROM R-3 ONE TO EIGHT FAMILY RESIDENCE
37 DISTRICT TO R-3 SU ONE TO EIGHT FAMILY RESIDENCE SPECIAL USE DISTRICT AND
38 AUTHORIZING THE SPECIAL USE OF SAID PROPERTY FOR THE ESTABLISHMENT OF A BUSINESS
39 OFFICE.
40
41 President Hutton announced the Ordinance was on public hearing.
42
43 There being no discussion, Councilmember Hankinson moved for engrossment, seconded by
44 Councilmember Brookbank and on unanimous voice vote the motion was carried.
45
46 Councilmember Brookbank moved to suspend the rules and move Ordinance No. 71-1991 to third and final
47 reading and read by title only, seconded by Councilmember Hankinson and on unanimous voice vote the
48 motion was carried.
49
50 The Clerk read the ordinance on third and final reading by title only.
51
52 Ordinance No. 71-1991 was adopted on the following call of the roll:
53
54 Ayes: Elstro, Lundy, Brookbank, Hankinson, McBride, Parker, Morris, Paust and Hutton (9)
55 Nays: None
56
57 ORDINANCES ON THIRD READING
58
59 None were presented.
60
61 ADJOURNMENT
62
63 There being no further business, on a motion duly made, seconded and passed, the meeting was
64 adjourned.
65
Sarah Hutton, President
ATTEST:
Mary Merchanthouse, City Clerk