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HomeMy Public PortalAbout12-02-1991 63 PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF RICHMOND. INDIANA. DECEMBER 2. 1991 1 The Common Council of the City of Richmond, Indiana met in regular session on December 2, 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, Morris and Paust. Absent: 4 Parker. Representatives of the following media were in attendance: WCTV CABLE 16, WKBV/WFMG, 5 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 NOVEMBER 18. 1991 12 13 Councilmember Brookbank moved to approve the minutes of the previous meeting as prepared, seconded 14 by Councilmember Hankinson and on unanimous voice vote the motion was carried. 15 16 COMMUNICATIONS FROM THE MAYOR 17 18 Mayor Frank Waltermann announced that Veterans organizations have started working on the Freedom 19 Fountain and the area around. 20 21 Councilmember Hankinson asked about the isolated piles of leaves still remaining and what were 22 arrangements for pick up. 23 24 Mayor Waltermann said there is still one truck out to pick up leaves and the others have been readied for 25 winter. 26 27 PRESENTATION OF REMONSTRANCES.PETITIONS AND MEMORIALS 28 29 None were presented. 30 31 REPORTS FROM CITY DEPARTMENTS 32 33 None were presented. 34 35 REPORTS FROM OTHER OFFICES 36 37 None were presented. 38 39 REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY 40 41 Ms. Carrie Hauptstueck informed the Council that the State has misplaced the information they requested on 42 National Road West and 27 North and the City will be sending the information again. 43 44 Councilmember Morris asked about the hearing for the Franchise Agreement and Ms. Hauptstueck said it 45 was this coming Thursday and it was for public input. 46 47 REPORTS FROM SPECIAL COMMITTEES 48 49 None were presented. 50 51 REPORTS FROM STANDING COMMITTEES 52 53 Reid Hospital 54 55 Councilmember Brookbank reported they had approved the 1992 budget. 56 57 Urban Enterprise Association 58 59 President Hutton reminded the Council of the upcoming retreat and hoped as many as possible could come. 60 61 Park Board 62 63 President Hutton reported there was a public meeting set for January to start proceedings to upgrade the 64 Five Year Master Plan 65 66 64 Common Council December 2, 1991 Page 2 1 REPORTS FROM SPECIAL COUNCIL COMMITTEES 2 3 None were presented. 4 5 MISCELLANEOUS BUSINESS 6 7 Appointment to Police Merit Commission 8 9 Councilmember Brookbank moved to appoint Ms. Jane Silver to the Police Merit Commission representing 10 the professional field and being Democrat, seconded by Councilmember Hankinson and on unanimous voice 11 vote the motion was carried. 12 13 Appointments to the Tourism Bureau 14 15 Councilmember Brookbank moved to make the following appointments to the Wayne County Convention and 16 Tourism Board for two year terms ending December 31, 1993: Ms. Linda Von Pein representing the travel 17 industry, Mr. Dana Weigle representing the Board of Directors of the Chamber of Commerce and Mr. Maurie 18 Risser representing the lodging industry. The motion was seconded by Councilmember Hankinson and on 19 unanimous voice vote was carried. 20 21 Appointment to the Telecommunications Council 22 23 Councilmember Brookbank moved to appoint Mr. Larry Lunsford to replace Mr. Jack Cost on the 24 Telecommunications Council, seconded by Councilmember Hankinson and on unanimous voice vote the 25 motion was carried. 26 27 RESOLUTIONS 28 29 Councilmember Morris moved to suspend the rules and read Resolutions No. 28, 29 and 30-1991 by title 30 only, seconded by Councilmember Elstro and on unanimous voice vote the motion was carried. 31 32 RESOLUTION NO. 28-1991 33 34 The Clerk read by title only Resolution No. 28-1991 - A RESOLUTION ESTABLISHING A POLICY AND 35 APPROVING A WRITTEN FISCAL PLAN FOR THE ORGANIZATION AND EXTENSION OF SERVICES TO 36 BE FURNISHED TO THE NEWLY ANNEXED TERRITORY DESCRIBED IN ORDINANCE NO. 72-1991. 37 38 Mr. Dan Dooley explained to the Council that Ordinance No. 72-1991 is for the involuntary annexation of part 39 of the property rezoned by the Council at the last meeting in the north west area. He said a fiscal plan is 40 required to justify extension of city services to the annexed area and Resolution 28-1991 has to be adopted 41 per state law. He suggested the Resolution be set aside until after action on the ordinance. 42 43 President Hutton announced Resolution No. 28-1991 would be set aside and acted on after Ordinance No. 44 72-1991. 45 46 RESOLUTION NO. 29-1991 47 48 The Clerk read by title only Resolution No. 29-1991 - A RESOLUTION AUTHORIZING THE BOARD OF 49 PUBLIC WORKS AND SAFETY TO APPOINT APPRAISERS FOR THE ACQUISITION OF LAND AND 50 STRUCTURES AD TO PROCEED WITH THE ACQUISITION. 51 52 Mayor Waltermann explained this allowed the process of acquisition of land for parking for downtown and 53 Color Box to proceed. 54 55 Councilmember Elstro moved for adoption of Resolution No. 29-1991, seconded by Councilmember 56 Hankinson and on unanimous voice vote the motion was carried. 57 58 RESOLUTION NO. 30-1991 59 60 The Clerk read by title only Resolution No. 30-1991 - A RESOLUTION GRANTING THE UTILIZATION OF 61 CCDF FUNDS FOR TWO IMPROVEMENT PROJECTS. 62 63 Mayor Waltermann explained the Indiana Department of Commerce has verbally assured the City they were 64 eligible for dollars for the parking lot for Color Box and for the structures on North 10th to be demolished for 65 parking. He told Council due to the long delay in meeting state requirements for funding, this would be a 66 show of good faith to Color Box. Mayor Waltermann explained the dollars that had been committed to the 65 Common Council Minutes Con't December 2, 1991 Page 3 1 garage complex and what would be available to be used in this project to be paid back from state funds 2 when received. 3 4 Councilmember Paust moved for adoption of Resolution No. 30-1991, seconded by Councilmember 5 Brookbank and on unanimous voice vote the motion was carried. 6 7 ORDINANCES 8 9 ORDINANCES ON FIRST READING 10 11 Councilmember Elstro moved to suspend the rules and read on first reading by title only Ordinance No. 70, 12 71, 72, 73, and 74-1991, seconded by Councilmember Brookbank and on unanimous voice vote the motion 13 was carried. 14 15 ORDINANCE NO.70-1991 16 17 The Clerk read on first reading by title only Ordinance No. 70-1991 - AN ORDINANCE RATIFYING THE 18 PROFESSIONAL NEGOTIATION AGREEMENT BETWEEN THE RICHMOND PROFESSIONAL 19 FIREFIGHTERS, INC., LOCAL 1408 AND THE CITY OF RICHMOND, SETTING SALARIES AND 20 PROVIDING FOR LONGEVITY PAY FOR THE FIREFIGHTERS. 21 22 Councilmember Morris moved to suspend the rules and move Ordinance No. 70-1991 to second reading, 23 seconded by Councilmember McBride and on unanimous voice vote the motion was carried. 24 25 The Clerk read Ordinance No.70-1991 on second reading. 26 27 President Hutton announced the Ordinance was on public hearing. 28 29 Mr.Jerry Purcell,418 South 4th Street, President of Local 1408 told the Council he was in favor and it was a 30 strong agreement. Mr. Purcell commented they would like to have seen raises, but it was still a good 31 agreement. 32 33 Also speaking in favor was Chief Jim Sticco who commented on the good job all the negotiators did on this 34 agreement. 35 36 Councilmember Hankinson moved for engrossment, seconded by Councilmember Brookbank and on 37 unanimous voice vote the motion was carried. 38 39 Councilmember Morris moved to suspend the rules and move Ordinance No. 70-1991 to third and final 40 reading and read by title only, seconded by Councilmember McBride 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. 70-1991 was adopted on the following call of the roll: 46 47 Ayes: Elstro, Lundy, Brookbank, Hankinson, McBride, Morris, Paust and Hutton (8) 48 Nays: None 49 Absent: Parker 50 51 ORDINANCE NO.71-1991 52 53 The Clerk read on first reading by title only Ordinance No. 71-1991 - AN ORDINANCE AMENDING 54 CHAPTER 154 OF THE MUNICIPAL CODE, BEING ORDINANCE NO. 2325-1968, COMMONLY KNOWN 55 AS THE ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA PROVIDING FOR THE 56 REZONING OF PROPERTY LOCATED AT 431 SOUTH 4TH STREET, FROM R-3 ONE TO EIGHT FAMILY 57 RESIDENCE DISTRICT TO R-3 SU ONE TO EIGHT FAMILY RESIDENCE SPECIAL USE DISTRICT AND 58 AUTHORIZING THE SPECIAL USE OF SAID PROPERTY FOR THE ESTABLISHMENT OF A BUSINESS 59 OFFICE. 60 61 President Hutton assigned the Ordinance to Plan Commission for a public hearing. 62 63 - 64 65 • 6 Common Council Minutes Cont'd December 2, 1991 Page 4 1 ORDINANCE NO.72-1991 2 3 The Clerk read on first reading by title only Ordinance No. 72-1991 -AN ORDINANCE TO ANNEX TO THE 4 CITY OF RICHMOND, INDIANA, CERTAIN CONTIGUOUS TERRITORY, ADJACENT AND ABUTTING 5 THERETO, DESCRIBING THE SAME, PROVIDING FOR THE PUBLICATION THEREOF, AND FIXING 6 THE TIME WHEN THE SAME SHALL TAKE EFFECT. 7 8 Councilmember Elstro moved to suspend the rules and move Ordinance No. 72-1991 to second reading, 9 seconded by Councilmember Brookbank and on unanimous voice vote the motion was carried. 10 11 The Clerk read Ordinance No.72-1991 on second reading. 12 13 President Hutton announced the Ordinance was on public hearing. 14 15 Mr. Dooley informed Council the property proposed for annexation was owned by the State of Indiana and 16 Mr. Henry Doherty. He said this was 132 acres and was the largest tract of the rezoned land that could be 17 annexed at this time. He asked Mr.Jim Kinnett to address the economic development need for this property 18 to be annexed. 19 20 Mr. Kinnett told Council that future industrial and business growth will be taking place in this area and this will 21 prepare the way for future growth with the State giving a verbal commitment to deal with the property on a 22 project by project basis. Mr. Kinnett said an industrial park will be designed for this area. 23 24 Councilmember Morris commented on several environmental issues not being address on the use of this 25 property and Mr. Kinnett reported that aerial photographs have identified the wetlands and they are using 26 community expertise for an orderly development. 27 28 Mr. Kinnett said the environmental issues will be addressed and they will probably do a mock up to see how 29 the area would look and he assured Council it would be done correctly. 30 31 Councilmember Morris asked how much is usable land and Mr. Kinnett said ten acres were not usable 32 because of the wetlands and with configuration they would be able to determine more on drainage, etc. 33 34 There being no further comment, Councilmember Hankinson moved for engrossment, seconded by 35 Councilmember Brookbank and on unanimous voice vote the motion was carried. 36 37 Councilmember Brookbank moved to suspend the rules and move Ordinance No. 72-1991 to third and final 38 reading and read by title only, seconded by Councilmember Hankinson and on unanimous voice vote the 39 motion was carried. 40 41 The Clerk read the ordinance on third and final reading by title only. 42 43 Ordinance No.72-1991 was adopted on the following call of the roll: 44 45 Ayes: Elstro, Lundy, Brookbank, Hankinson, McBride, Morris, and Paust (7) 46 Nays: Hutton (1) 47 Absent:Parker 48 49 RESOLUTION NO.28-1991 50 51 President Hutton requested final action on Resolution No. 28-1991. 52 53 Mr. Dooley presented the Fiscal Plan for annexation of property in Ordinance No. 72-1991. He said there 54 are 132 acres of vacant property with no resident population and most costs can be absorbed in existing 55 budgets and revenue is also very little because most of the property is owned by the State. 56 57 President Hutton asked about the location of the property with reference to Salisbury Road and Mr. Dooley 58 explained there was 35/100 of a mile of Salisbury affected and one have of the roadway is already in the City 59 limits. 111 60 61 Councilmember Morris asked if costs had been projected with development and how was this anticipated. 62 63 Mr. Dooley stated that state law breaks services into capital and non capital and provides for non capital 64 within one year of annexation and capital within three years of annexation. Mr. Dooley said the north west 65 industrial base already has a lot of infrastructure in the near area and in some instances they would ask the developer to do infrastructure. He added it could also be financed with TIF, grants and other various means. 67 Common Council Minutes Cont'd December 2, 1991 Page 5 1 Councilmember Elstro moved for adoption of Resolution No. 28-1991, seconded by Councilmember 2 Brookbank and on unanimous voice vote the motion was carried. 3 4 ORDINANCE NO.73-1991 5 6 The Clerk read on first reading by title only Ordinance No. 73-1991 - AN ORDINANCE FOR THE 7 RECOVERY OF COSTS FOR HAZARDOUS MATERIAL SPILLS. 8 9 President Hutton announced the Ordinance would be advertised for public hearing. 10 11 ORDINANCE NO.74-1991 12 13 The Clerk read on first reading by title only Ordinance No. 74-1991 - AN ORDINANCE AMENDING 14 CHAPTER 120 OF THE RICHMOND CITY CODE, BURGLAR AND ROBBERY ALARM SYSTEMS, TO 15 INCLUDE NEW SECTIONS ON FIRE ALARM SYSTEMS. 16 17 President Hutton announced the Ordinance would be advertised for public hearing. 18 19 ORDINANCES ON SECOND READING 20 21 ORDINANCE NO.6-1990 22 23 The Clerk read on second reading by title only Ordinance No. 6-199 - AN ORDINANCE ENACTING A 24 REVISED CODE OF GENERAL ORDINANCES FOR THE CITY OF RICHMOND, INDIANA, 25 RE-CODIFYING, RENUMBERING, REVISING AND REARRANGING SECTIONS OF THE CODE OF 26 GENERAL ORDINANCES AND OTHER EXISTING ORDINANCES OF THE CITY, ADDING NEW MATTER 27 AND REPEALING VARIOUS ORDINANCES. 28 29 President Hutton announced the Ordinance was on public hearing. 30 31 Mr. Metzger stressed to the Council that it was very critical to have an up to date code and was a very useful 32 document. 33 34 City Clerk, Mary Merchanthouse outlined some of the various changes in the code from the 1983 version. 35 36 There being no additional comments, Councilmember Brookbank moved for engrossment, seconded by 37 Councilmember McBride and on unanimous voice vote the motion was carried. 38 39 Councilmember Brookbank moved to suspend the rules and move Ordinance No. 6-1990 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. 6-1990 was adopted on the following call of the roll: 46 47 Ayes: Elstro, Lundy, Brookbank, Hankinson, McBride, Morris, Faust and Hutton (8) 48 Nays: None 49 Absent:Parker 50 51 ORDINANCE NO.55-1991 52 53 The Clerk read on second reading Ordinance No. 55-1991 - AN ORDINANCE VACATING CERTAIN 54 UTILITY EASEMENT LOCATED ON PROPERTY IN THE 1800 BLOCK OF SOUTH I STREET AND 55 ALONG THE COMMON LOT LINES OF LOTS 43, 44, 45 AND 46 IN THE REPLAT OF THE FAIRFIELD 56 PARK FIRST ADDITION. 57 58 President Hutton announced the Ordinance was on public hearing. 59 60 There being no one addressing the ordinance, Councilmember Elstro announced that the property in 61 question on South 10th Street was sealed and Planning was keeping on top of it. 62 63 There being no additional comments, Councilmember Hankinson moved for engrossment, seconded by 64 Councilmember Brookbank and on unanimous voice vote the motion was carried. 65 68' Common Council Minutes Cont'd December 2, 1991 Page 6 1 Councilmember Brookbank moved to suspend the rules and move Ordinance No. 55-1991 to third and final 2 reading and read by title only, seconded by Councilmember Elstro and on unanimous voice vote the motion 3 was carried. 4 5 The Clerk read the ordinance on third and final reading by title only. 6 7 Ordinance No.55-1991 was adopted on the following call of the roll: 8 9 Ayes: Elstro, Lundy, Brookbank, Hankinson, McBride, Morris, Paust and Hutton (8) 10 Nays: None 11 Absent:Parker 12 13 ORDINANCE NO. 58-1991 14 15 The Clerk read on second reading Ordinance No.58-1991 -AN ORDINANCE AMENDING CHAPTER 96 OF 16 THE RICHMOND CITY CODE REGARDING STREET EXCAVATIONS. 17 18 Mr. Metzger presented the Council with proposed amendments and notified Council these amendments had 19 been developed after consulting with Mr. Wiwi, Street Department and Mr. Garrison of Indiana Gas 20 Company. 21 22 Mr. Metzger said in Section 2 the time for permanent sealing would be 30 days if weather not allow it 23 immediately. 24 25 Councilmember Elstro asked if cuts now open would be affected by this ordinance and Mr. Metzger said if 26 they were now being worked on. 27 28 Questions were asked regarding the penalty and Mr. Bob Wiwi told Council the penalty was figured based on 29 inflation factor from the time of the previous ordinance and utilities did agree with the amount. He said 30 persons in his office would inspect and follow up on the cuts. 31 32 Councilmember Morris asked if the 100.00 was per day and Mr. Metzger said per occurrence such as if they 33 made two cuts at one time it would be two offense at 100.00 each with the next time being 500.00. 34 35 Mr.Wiwi agreed it would be per occurrence with 100.00 fine the first time and 500.00 2nd time and each time 36 after that. 37 38 Councilmember Brookbank moved to amend Ordinance No. 58-1991 as recommended, seconded by 39 Councilmember Hankinson and on unanimous voice vote the motion was carried. 40 41 There being no further discussion, Councilmember Brookbank moved for engrossment, seconded by 42 Councilmember Hankinson and on unanimous voice vote the motion was carried. 43 44 Councilmember Brookbank moved to suspend the rules and move Amended Ordinance No. 58-1991 to third 45 and final reading and read by title only, seconded by Councilmember Hankinson and on unanimous voice 46 vote the motion was carried. 47 48 The Clerk read the ordinance on third and final reading by title only. 49 50 Amended Ordinance No.58-1991 was adopted on the following call of the roll: 51 52 Ayes: Elstro, Lundy, Brookbank, Hankinson, McBride, Morris, Paust and Hutton (8) 53 Nays: None 54 Absent:Parker 55 56 ORDINANCES ON THIRD READING 57 58 None were presented. 59 60 ADJOURNMENT 61 62 There being no further business, on a motion duly made, seconded and passed, the meeting was 63 adjourned. 64 65 66 Sarah Hutton, President ATTEST: Mary Merchanthouse, City Clerk