HomeMy Public PortalAbout10-07-1991 .439
PROCEEDINGS OF THE COMMON COUNCIL OF THE
CITY OF RICHMOND. INDIANA. OCTOBER 7, 1991
1 The Common Council of the City of Richmond, Indiana met in regular session on October 7, 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, McBride, Parker, Morris and Paust. Absent:
4 Hankinson. 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
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11 APPROVAL OF MINUTES OF SEPTEMBER 16, 1991
12
13 Councilmember Brookbank moved to approve the minutes of the previous meeting as prepared, seconded
14 by Councilmember McBride and on unanimous voice vote the motion was carried.
15
16 COMMUNICATIONS FROM THE MAYOR
17
18 Mayor Frank Waltermann reported there was one leaf loader in and the crews were awaiting training for leaf
19 pick up. He told Council that paving was still in full swing along with curb and sidewalk work. Mayor
20 Waltermann said the starting date for leaf pick up has not been determined, but they will be making that
21 decisions shortly.
22
23 President Hutton asked if they could encourage residents to move their vehicles and Mayor Waltermann said
24 they would get publicity out daily and ask for cooperation.
25
26 Councilmember Brookbank thanked Mayor Waltermann and Mr. Smith for sidewalk repair at South 15th and
27 G Streets.
28
29 Councilmember Elstro encouraged Mayor Waltermann to let the public know if the leaf pick up schedule
30 changed so they could cooperate by getting vehicles moved.
31
32 PRESENTATION OF REMONSTRANCES. PETITIONS AND MEMORIALS
33
34 None were presented.
35
36 REPORTS FROM CITY DEPARTMENTS
37
38 City Attorney-Proposed Changes to Noise Control Ordinance
39
40 Councilmember Morris asked about the changes Mr. Metzger proposed to the Noise Control Ordinance
41 especially in instances where there may be several offenders and not be specifically identifiable. She said
42 one problem she has been getting complaints on is a business and the people who patronize the business.
43
44 Mr. Metzger said some areas will be difficult to enforce especially without specific names and addresses.
45 Mr. Metzger suggested the person having this problem contact his office.
46
47 REPORTS FROM OTHER OFFICES
48
49 None were presented.
50
51 REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY
52
53 Councilmember Morris asked that the Board be notified that the lane marking at 16th and East Main need to
54 be repainted. She indicated there are no arrows in the different lanes to direct traffic.
55
56 Councilmember Elstro asked if any response had been received from the railroads about the conditions of
57 crossings and Mr. Metzger said he had not received any correspondence.
58
59 Councilmember Lundy reported utility cuts in newly paved streets at North 15th and J and North 15th and G.
60
61 Mr. Metzger told Council that he has asked that Mr. Smith make referrals to him about the utility cuts so he
62 could take legal action.
63
64 Mr. Metzger also reported that Councilmember McBride had asked him to draft a new ordinance to present
65 and make it enforceable.
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Common Council
October 7, 1991
Page 2
1 Councilmember Elstro asked if it were possible to get dollars from the utility companies to use for repaving
2 and Mr. Metzger said the main problem was they were not using the proper materials in the refill procedures.
3
4 Councilmember Morris suggested the ordinance also address making the utility companies notify the City of
5 long range plans so efforts could be coordinated.
6
7 Mr. Metzger said that was exactly what Councilmember McBride had suggested.
8
9 REPORTS FROM SPECIAL COMMITTEES
10
11 None were presented.
12
13 REPORTS FROM STANDING COMMITTEES
14
15 Reid Hospital
16
17 Councilmember Brookbank reported on the meeting of September 23, 1991 and the fall series of lectures
18 and announced two new doctors in the community.
19
20 REPORTS FROM SPECIAL COUNCIL COMMITTEES
21
22 None were presented.
23
24 MISCELLANEOUS BUSINESS
25
26 GIS System Report
27
28 Councilmember Brookbank reported on the pilot project area and that it is in place and they now have the
29 topography.
30
31 ,Affirm Mayor's Appointment to Wayne/Randolph/Union Solid Waste District
32
33 Councilmember McBride moved to affirm the appoint of Mayor Waltermann of President Hutton to the
34 Wayne/Randolph/Union Solid Waste District as an elected official representing the City, seconded by
35 Councilmember Brookbank and on unanimous voice vote the motion was carried.
36
37 RESOLUTIONS
38
39 Councilmember Brookbank moved to suspend the rules and read Resolutions No. 20 and 21-1991 by title
40 only, seconded by Councilmember Elstro and on unanimous voice vote the motion was carried.
41
42 RESOLUTION NO. 20-1991
43
44 The Clerk read by title only Resolution No. 20-1991 - A RESOLUTION APPROVING THE STATEMENT OF
45 BENEFITS APPLICATION OF CERTAIN FIRMS INSTALLING NEW MANUFACTURING EQUIPMENT
46 AND/OR CONSTRUCTION IMPROVEMENTS ON REAL ESTATE IN ECONOMIC REVITALIZATION
47 AREAS IN THE CITY OF RICHMOND, INDIANA.
48
49 Councilmember Parker reported that the committee had met and determined that Belden had met all
50 requirements for abatement on equipment.
51
52 There being no questions or comments, Councilmember Parker moved for adoption, seconded by
53 Councilmember Brookbank and on unanimous voice vote the motion was carried.
54
55 RESOLUTION NO. 21-1991
56
57 The Clerk read by title only Resolution No. 21-1991 - A RESOLUTION ENCOURAGING USE OF LOCAL
58 BUSINESSES FOR LOCAL GOVERNMENT CONTRACTS.
59
60 Councilmember Parker explained he had encouraged this Resolution and felt it was imperative that the City
61 do business when we can with local people. He pointed out paragraph 3 that also encouraged any vendors
62 we use to also use local labor and materials.
63
64 Councilmember Morris agreed and felt there was a significant advantage to use local businesses in some
65 cases when the cost might be higher, but the benefits would be more by dealing with someone local.
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Common Council Minutes Con't
October 7, 1991
Page 3
1 Councilmember Morris asked if this could be directed to the City's Purchasing Office and Councilmember
2 Parker requested that copies also be included in bid or quote packets.
3
4 There being no further questions or comments, Councilmember Brookbank moved for adoption, seconded
5 by Councilmember McBride and on unanimous voice vote the motion was carried.
6
7 ORDINANCES
8
9 ORDINANCES ON FIRST READING
10
11 Councilmember Morris moved to suspend the rules and read on first reading by title only Ordinances No.
12 56, 57,58, 60 and 61-1991, seconded by Councilmember McBride and on unanimous voice vote the motion
13 was carried.
14
15 TRANSFER ORDINANCE NO. 56-1991
16
17 The Clerk read on first reading by title only Ordinance No. 56-1991 - AN ORDINANCE AMENDING
18 ORDINANCE NO. 1-1988 AUTHORIZING THE RICHMOND SANITARY DISTRICT TO REVISE CERTAIN
19 LANDFILL FEE COLLECTION.
20
21 Councilmember Morris moved to suspend the rules and move the ordinance to second reading,seconded by
22 Councilmember Brookbank and on unanimous voice vote the motion was carried.
23
24 The Clerk read the ordinance on second reading.
25
26 President Hutton announced the ordinance was on public hearing.
27
28 Mr.Jerald Judge informed Council that the Sanitary Board unanimously adopted the Resolution to increase
29 the fees and felt it was necessary to establish competitive prices in order not to be the dumping grounds for
30 East Central Indiana.
31
32 Councilmember Parker asked why be competitive and Mr.Judge said it was not to compete for business, but
33 to prevent it from becoming a dumping area for other counties.
34
35 Councilmember Parker asked if it would be an advantage to consider increasing charges for other counties
36 and Mr.Judge explained that 91%of the trash was from Wayne County.
37
38 Councilmember McBride asked what was being done with tires and Mr.Judge said they were now burying
39 tires,but are looking at alternatives. He said they will not take tires from outside the Sanitary District.
40
41 There being no further comments, Councilmember Brookbank moved for engrossment, seconded by
42 Councilmember McBride and on unanimous voice vote the motion was carried.
43
44 Councilmember Morris moved to suspend the rules and move Ordinance No. 56-1991 to third and final
45 reading and read by title only, seconded by Councilmember McBride and on unanimous voice vote the
46 motion was carried.
47
48 The Clerk read Ordinance No.56-1991 on third and final reading by title only.
49
50 Ordinance No.56-1991 was adopted on the following call of the roll:
51
52 Ayes: Elstro, Lundy, Brookbank, McBride,Parker, Morris, Paust and Hutton (8)
53 Nays: None
54 Absent: Hankinson
55
56 ORDINANCE NO.57-1991
57
58 The Clerk read on first reading by title only Ordinance No. 57-1991 - AN ORDINANCE AMENDING
59 CHAPTER 154 OF THE MUNICIPAL CODE, BEING ORDINANCE NO. 2325-1968, COMMONLY KNOWN
60 AS THE ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA PROVIDING FOR THE
61 REZONING OF PROPERTY LOCATED AT 1751 SHERIDAN STREET, FROM M-2 GENERAL
62 INDUSTRIAL DISTRICT TO M-2SU GENERAL INDUSTRIAL SPECIAL USE DISTRICT AND
63 AUTHORIZING THE SPECIAL USE OF SAID PROPERTY FOR THE ESTABLISHMENT OF A PHYSICAL
64 FITNESS FACILITY.
65
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Common Council Minutes Cont'd
October 7, 1991
Page 4
1 President Hutton assigned the Ordinance to Plan Commission for public hearing and recommendation.
2
3 TRANSFER ORDINANCE NO.59-1991
4
5 The Clerk read on first reading by title only Ordinance No. 59-1991 - AN ORDINANCE TO TRANSFER
6 WITHIN THE PARK FUND.
7
8 Councilmember Morris moved to suspend the rules and move the ordinance to second reading, seconded by
9 Councilmember Brookbank and on unanimous voice vote the motion was carried.
10
11 The Clerk read the ordinance on second reading.
12
13 President Hutton announced the ordinance was on public hearing.
14
15 Park Superintendent Nanette Smejkal explained this was for purchase of minor equipment and tools that had
16 been paid from the supply account and needed to be paid from the equipment account.
17
18 There being no further comments, Councilmember Brookbank moved for engrossment, seconded by
19 Councilmember Parker and on unanimous voice vote the motion was carried.
20
21 Councilmember Morris moved to suspend the rules and move Ordinance No. 59-1991 to third and final
22 reading and read by title only, seconded by Councilmember McBride and on unanimous voice vote the
23 motion was carried.
24
25 The Clerk read Ordinance No.59-1991 on third and final reading by title only.
26
27 Ordinance No.59-1991 was adopted on the following call of the roll:
28
29 Ayes: Elstro, Lundy, Brookbank, McBride,Parker, Morris, Paust and Hutton (8)
30 Nays: None
31 Absent: Hankinson
32
33 APPROPRIATION ORDINANCE NO.60-1991
34
35 The Clerk read on first reading by title only Ordinance No. 60-1991 -AN ORDINANCE TO APPROPRIATE
36 WITHIN THE CUMULATIVE CAPITAL DEVELOPMENT FUND.
37
38 President Hutton announced the ordinance would be advertised for public hearing.
39
40 ORDINANCE NO.61-1991
41
42 The Clerk read on first reading by title only Ordinance No. 61-1991 - AN ORDINANCE OF THE CITY OF
43 RICHMOND, INDIANA FOR THE ADOPTION AND EXECUTION OF A SUPPLEMENTAL TRUST
44 INDENTURE IN CONNECTION WITH $1,435,000.00 CITY OF RICHMOND, INDIANA ECONOMIC
45 DEVELOPMENT REVENUE REFUNDING BONDS (BEVERLY ENTERPRISES-INDIANA, INC. PROJECT)
46 SERIES 1985; APPROVING AND AUTHORIZING THE EXECUTION AND DELIVERY OF A
47 SUPPLEMENTAL TRUST INDENTURE.
48
49 Councilmember Morris moved to suspend the rules and move Ordinance No. 61-1991 to second reading,
50 seconded by Councilmember Parker and on unanimous voice vote the motion was carried.
51
52 The Clerk read the ordinance on second reading.
53
54 President Hutton announced the ordinance was on public hearing.
55
56 Mr. Metzger explained the ordinance amended the definition of available monies to maintain a certain bond
57 rating.
58
59 There being no further comments, Councilmember Elstro moved for engrossment, seconded by
60 Councilmember Morris and on unanimous voice vote the motion was carried.
61
62 Councilmember Elstro moved to suspend the rules and move Ordinance No. 61-1991 to third and final
63 reading and read by title only, seconded by Councilmember Morris and on unanimous voice vote the motion
64 was carried.
65
43
Common Council Minutes Cont'd
October 7, 1991
Page 5
1 The Clerk read Ordinance No.61-1991 on third and final reading by title only.
2
3 Ordinance No. 61-1991 was adopted on the following call of the roll:
4
5 Ayes: Elstro, Lundy, Brookbank, McBride,Parker, Morris, Paust and Hutton (8)
6 Nays: None
7 Absent: Hankinson
8
9 ORDINANCES ON SECOND READING
10
11 ORDINANCE NO.47-1991
12
13 The Clerk read on second reading Ordinance No. 47-1991 - AN ORDINANCE AMENDING CHAPTER 30
14 OF THE RICHMOND CITY CODE.
15
16 The Proof of Publication was presented and found to be in order. Councilmember Morris moved to accept
17 and file the Proof of Publication, seconded by Councilmember McBride and on unanimous voice vote the
18 motion was carried.
19
20 President Hutton announced the ordinance was on public hearing.
21
22 Mr. Metzger explained the ordinance clarified procedures for Common Council to override vetoes and also
23 allowed the Council to accept comment on the veto or override.
24
25 There being no further comments, Councilmember Elstro moved for engrossment, seconded by
26 Councilmember Brookbank and on unanimous voice vote the motion was carried.
27
28 Councilmember Lundy moved to suspend the rules and move Ordinance No. 47-1991 to third and final
29 reading and read by title only, seconded by Councilmember Brookbank and on unanimous voice vote the
30 motion was carried.
31
32 The Clerk read Ordinance No.47-1991 on third and final reading by title only.
33
34 Ordinance No.47-1991 was adopted on the following call of the roll:
35
36 Ayes: Elstro, Lundy, Brookbank, McBride,Parker, Morris, Paust and Hutton (8)
37 Nays: None
38 Absent: Hankinson -
39
40 ORDINANCE NO.49-1991
41
42 The Clerk read on second reading Ordinance No. 49-1991 - AN ORDINANCE AMENDING CHAPTER 154
43 OF THE MUNICIPAL CODE, BEING ORDINANCE NO. 2325-1968, COMMONLY KNOWN AS THE
44 ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA PROVIDING FOR THE REZONING OF
45 PROPERTY LOCATED AT 229 SOUTH 4TH STREET, FROM R-3 ONE TO EIGHT FAMILY RESIDENCE
46 DISTRICT TO R-3SU ONE TO EIGHT FAMILY RESIDENCE SPECIAL USE DISTRICT AND
47 AUTHORIZING THE SPECIAL USE OF SAID PROPERTY FOR THE ESTABLISHMENT OF AN ANTIQUE
48 SHOP.
49
50 President Hutton announced the ordinance was on public hearing.
51
52 There being no comments, Councilmember Morris moved for engrossment, seconded by Councilmember
53 Elstro and on unanimous voice vote the motion was carried.
54
55 Councilmember Brookbank moved to suspend the rules and move Ordinance No. 49-1991 to third and final
56 reading and read by title only, seconded by Councilmember Elstro and on unanimous voice vote the motion
57 was carried.
58
59 The Clerk read Ordinance No.49-1991 on third and final reading by title only.
60
61 Ordinance No.49-1991 was adopted on the following call of the roll:
62
63 Ayes: Elstro, Lundy, Brookbank, McBride,Parker, Paust and Hutton (7)
64 Nays: Morris(1)
65 Absent: Hankinson
44
Common Council Minutes Cont'd
October 7, 1991
Page 6
1 ORDINANCE NO.51-1991
2
3 The Clerk read on second reading Ordinance No. 51-1991 - AN ORDINANCE AMENDING CHAPTER 154
4 OF THE MUNICIPAL CODE, BEING ORDINANCE NO.2325-1968, COMMONLY KNOWN AS THE ZONING
5 ORDINANCE OF THE CITY OF RICHMOND, INDIANA PROVIDING FOR THE REZONING OF
6 PROPERTY LOCATED IN THE 1300 AND 1400 BLOCK OF SOUTH 9TH STREET, ON THE EAST SIDE,
7 FROM C-2 COMMERCIAL DISTRICT TO C-4 GENERAL BUSINESS DISTRICT.
8
9 President Hutton announced Plan Commission requested the ordinance be stricken from the agenda.
10
11 Councilmember Brookbank moved to strike the ordinance from the agenda, seconded by Councilmember
12 McBride and on unanimous voice vote the motion was carried.
13
14 ORDINANCE NO.54-1991
15
16 The Clerk read on second reading Ordinance No.54-1991 -AN ORDINANCE AMENDING CHAPTER 97 OF
17 THE RICHMOND CITY CODE WITH REGARD TO THE STREET TREE COMMISSION.
18
19 The Proof of Publication was presented and found to be in order. Councilmember Morris moved to accept
20 and file the Proof of Publication, seconded by Councilmember Brookbank and on unanimous voice vote the
21 motion was carried.
22
23 President Hutton announced the ordinance was on public hearing.
24
25 Mr. Metzger explained the ordinance addressed a problem with attendance for the commission and they
26 needed language to remove and appoint new members.
27
28 Councilmember Lundy said she felt three absences in a row were too many and Councilmember Parker said
29 he had no problems making the ordinance more strict, but did not want to make it too stringent for volunteers
30 serving on committees and boards of the City.
31
32 Mr. Metzger felt the Council should not amend the ordinance without checking with the Street Tree
33 Commission first.
34
35 Mayor Waltermann told the Council he was in favor of the ordinance.
36
37 There being no further comments, Councilm ember Morris moved for engrossment, seconded by
38 Councilmember Parker and on unanimous voice vote the motion was carried.
39
40 Councilmember Elstro moved to suspend the rules and move Ordinance No. 54-1991 to third and final
41 reading and read by title only, seconded by Councilmember Brookbank and on unanimous voice vote the
42 motion was carried.
43
44 The Clerk read Ordinance No.54-1991 on third and final reading by title only.
45
46 Ordinance No.54-1991 was adopted on the following call of the roll:
47
48 Ayes: Elstro, Lundy, Brookbank, McBride,Parker, Morris, Paust and Hutton (8)
49 Nays: None
50 Absent: Hankinson
51
52 ORDINANCE NO.55-1991
53
54 The Clerk read on second reading by title only Ordinance No. 55-1991 - AN ORDINANCE VACATING
55 CERTAIN UTILITY EASEMENTS LOCATED ON PROPERTY IN THE 1800 BLOCK OF SOUTH I STREET
56 AND ALONG THE COMMON LOT LINES OF LOT 43, 44, 45, AND 46 IN THE REPLAT OF THE
57 FAIRFIELD PARK FIRST ADDITION.
58
59 The Proof of Publication was presented and found to be in order. Councilmember Morris moved to accept
60 and file the Proof of Publication, seconded by Councilmember McBride and on unanimous voice vote the
61 motion was carried.
62
63 President Hutton announced the Ordinance was still assigned to the Plan Commission and the Council
64 would take no action until Plan Commission made its recommendation, but was on the Council Agenda for
65 public hearing.
66
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Common Council Minutes Cont'd
October 7, 1991
Page 7
1 There being no public speaking,the ordinance will remain in Plan Commission.
II 2
3 ORDINANCES ON THIRD READING
4
5 None were presented.
6
7 ADJOURNMENT
8
9 There being no further business, on a motion duly made, seconded and passed, the meeting was
10 adjourned.
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16 Sarah Hutton, President
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21 ATTEST:
22 Mary Merchanthouse, City Clerk
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