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HomeMy Public PortalAbout06-24-1991 5\9 5 • PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA,JUNE 24, 1991 1 The Common Council of the City of Richmond, Indiana met in regular session on June 24, 1991 at the hour 2 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 JUNE 3. 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 informed Council the City was currently working on the 1992 budget now that the 19 State has finished its budget. He said they will be ready to present the salary ordinance at the next meeting, 20 but are still uncertain of some funds awaiting signature by the Governor. 21 22 Mayor Waltermann thanked the Rose Festival Director and Board for what they have done. He said that 23 both parades he participated in were well attended and it would now be time for them to evaluate the 24 changes made this year and see where it stands. 25 26 Councilmember Hankinson asked Mayor Waltermann to look into providing sidewalks for the residents of 27 Hodgin between Henley and Barrington. He said they have even offered to purchase the materials if we 28 would provide the labor. 29 30 Mayor Waltermann told Councilmember Hankinson he would relay the request to the Public Works 31 Department. 32 33 PRESENTATION OF REMONSTRANCES, PETITIONS AND MEMORIALS 34 35 None were presented. 36 37 REPORTS FROM CITY DEPARTMENTS 38 39 None were presented. 40 41 REPORTS FROM OTHER OFFICES 42 43 None were presented. 44 45 REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY 46 47 None was presented. 48 49 REPORTS FROM SPECIAL COMMITTEES 50 51 None were presented. 52 53 REPORTS FROM STANDING COMMITTEES 54 55 Reid Hospital 56 57 Councilmember Brookbank reported that Reid has a positive cash balance and that a new doctor had been 58 added to their staff. She said the Board had also addressed the issue of LPN assuming additional duties 59 once again due to the possibility of a different insurance carrier. 60 61 REPORTS FROM SPECIAL COUNCIL COMMITTEES 62 63 None were presented. 64 65 66 Common Council June 24, 1991 Page 2 1 MISCELLANEOUS BUSINESS 2 3 Council Comments or Complaints 4 5 Councilmember Brookbank reference an inquiry to Mr. Ralph Willis and that the residents on South 14th 6 between E and G had been told they would be removed and they are still there. 7 8 Mr. Willis stated that they took out dumpsters south of F Street and had to put them back in one block 9 because the residents requested they be returned. 10 11 Councilmember Brookbank requested that it be reported that there were limbs covering a stop sign at the 12 intersection of South 12th and D and also North E and 20th Streets. 13 14 Councilmember McBride asked about the NW L Railroad track being repaired since it is so heavily traveled. 115 He also pointed out that Locust Lane and Catalpa Drive have not been touched since the original streets 16 were installed. He said Catalpa has one area with standing water and chip and seal would at least allow the 17 water to run off. 18 19 Mayor Waltermann announced to Council that they would be running a little behind with the paving program 20 due to storm clean up. He thanked the Street Department for their efforts over the week end. 21 22 Councilmember McBride said he was not being critical of the City's efforts, but felt there had been poor 23 planning in the past regarding street paving. 124 25 Presentation by HELP The Animals. Inc. 26 27 Mr. Gary Lomaster, Member of the Board of Directors of HELP, presented the Council a written report on the 28 first six months of operation of the Animal Shelter. He said of the 719 animals being housed the City of 29 Richmond provides 81%of the total while the cost to the City is only 54%of the cost to provide the care. He 30 did give credit to Hills Pet Products for providing the cost of the food and stated that costs would have 31 doubled without their support. 32 33 Dr. Carolyn Blakey, President of the Board of Directors, told Council they are running a very good shelter 34 operation and they intent it to be excellent before they are done. She said the job they are doing is at a 35 minimum cost. 36 37 Dr. Blakey informed Council that she realized this was budget time and there were not a lot of dollars for 38 animal control or sheltering, but these jobs are the responsibility of the City government. She said this is part 39 of the quality of life for the citizens of the community. She said that HELP was subsidizing the City's costs 40 and doing their work to boot. 41 42 Dr. Blakey suggested the Council look at ways to raise additional dollars to provide the service. She said it is 43 allowable that all dog taxes be dedicated for animal control and sheltering and she did not feel the City was 44 charging as much as it should. She said there should be more collection sites designated than just the City 45 Building and that licensing cats would also be helpful. 46 47 Dr. Blakey also suggested a charge for services that are provided free such as picking up unwanted 48 animals. She said a lot of people abuse that privilege. Dr. Blakey informed Council that they have had to kill 49 perfectly healthy good animals because they do not have the room to house them and what a sad comment 50 this was for the community. 51 52 Dr. Blakey explained they bid the sheltering low last year just to have the opportunity to prove they could do 53 the service. She added they would not underbid the service this year. 54 55 Councilmember Brookbank said she had been to the shelter and commented that she would like Council to 56 see it as a group. She said it is an important part of the community. 57 58 Councilmember Lundy announced that if the Council wanted a visit as a Committee of the Whole the only 59 available date was July 8, 1991. 60 61 Councilmember Morris suggested with salary and budget time approaching they might make individual visits ' 62 rather than a group visit. She agreed the Council needed to gather information and make a decision on the 63 funding. 64 65 Councilmember Morris asked Mr. Metzger if it were allowable to collect fees at additional sites and Mr. 66 Metzger said that was allowable if the ordinance provides for it. 59.7 • Common Council Minutes Cont'd June 24, 1991 Page 3 1 Dr.Blakey said the City's ordinance did provide for off site collection through an approved designee. 2 3 Councilmember Morris agreed that fees needed to be charged for collection of unwanted animals. 4 5 Councilmember Lundy asked if Council wanted to set a date for a Committee of the Whole and President 6 Hutton indicated they should set the date and those able to attend do so. 7 8 Councilmember Lundy set July 8, 1991 at 6:30 PM at the HELP Shelter for a Committee of the Whole. 9 10 VETOED ORDINANCES 11 12 Councilmember Elstro moved to return Vetoed Ordinances No. 16-1991 and No. 24-1991 to the Agenda for 13 formal action, seconded by Councilmember Brookbank and on unanimous voice vote the motion was 14 carried. 15 16 AMENDED ORDINANCE NO.16-1999 17 18 The Clerk read by title only Amended Ordinance No. 16-1991 - AN ORDINANCE CONCERNING FACT 19 FINDING FOR THE CITY OF RICHMOND. 20 21 Councilmember Elstro moved to override the veto by Mayor Waltermann. The motion was seconded by 22 Councilmember Hankinson and adopted on the following call of the roll: 23 24 Ayes: Elstro, Lundy, Brookbank, Hankinson, McBride, Parker, Morris, Paust and Hutton (9) • 25 Nays: None 26 27 ORDINANCE NO.24-1991 28 29 The Clerk read by title only Ordinance No. 24-1991 - AN ORDINANCE GRANTING PRELIMINARY 30 APPROVAL TO A COMMERCIAL DEVELOPMENT UNIT PROJECT IN A R-2 SINGLE FAMILY 31 RESIDENCE DISTRICT ON PROPERTY LOCATED AT 912 AND 914 MENDLESON DRIVE, PURSUANT 32 TO ARTICLES 45 AND 48 OF CHAPTER 154 OF THE CODE OF ORDINANCES, COMMONLY KNOWN 33 AS THE ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA. 34 35 Councilmember Morris moved to sustain the veto of Mayor Waltermann and Councilmember Parker 36 seconded the motion. 37 38 City Attorney, Bruce Metzger, informed the Council that a motion to sustain was not appropriate and the 39 second and motion were withdrawn. 40 41 Councilmember Elstro moved to override the veto by Mayor Waltermann, seconded by Councilmember 42 Lundy and adopted on the following call of the roll: 43 44 Ayes: Elstro, Brookbank, Hankinson, McBride, Parker, and Paust (6) 45 Nays: Lundy, Morris and Hutton (3) 46 47 RESOLUTIONS 48 49 Councilmember Brookbank moved to suspend the rules and read Resolutions No.11 and 12-1991 by title 50 only,seconded by Councilmember McBride and on unanimous voice vote the motion was carried. 51 52 RESOLUTION NO.11-1991 53 54 The Clerk read by title only Resolution No. 11-1991 - A RESOLUTION AMENDING RESOLUTION NO. 55 10-1984 BY REWRITING THE LANGUAGE IN SECTION 2 OF SAID RESOLUTION TO CONFORM WITH 56 INDIANA LAW I.C. 6-1.1-12.1. 57 58 Mr. Dan Dooley explained that Resolution 10-1984 designated Economic Revitalization Areas and set out 59 criteria for tax abatement. He said the sections dealing with manufacturing equipment and tax abatement 60 are not out of date with state law changes and this will update the ordinance. 61 62 There being no further comments, Councilmember Brookbank moved for adoption, seconded by 63 Councilmember Elstro and on unanimous voice vote the motion was carried. 64 65 598 Common Council Minutes Cont'd June 24, 1991 Page 4 1 RESOLUTION NO. 12-1991 2 3 The Clerk read by title only Resolution No. 12-1991 -A RESOLUTION APPROVING THE STATEMENT OF 4 BENEFITS OF CERTAIN FIRMS INSTALLING NEW MANUFACTURING EQUIPMENT AND/OR 5 CONSTRUCTION IMPROVEMENTS ON REAL ESTATE IN ECONOMIC REVITALIZATION AREAS IN THE 6 CITY OF RICHMOND, INDIANA. 7 8 Councilmember Parker stated that the committee had met and reviewed the applications and all were 9 recommended for approval. 10 11 Councilmember Hankinson moved for adoption of Resolution No. 12-1991, seconded by Councilmember 12 Brookbank and on unanimous voice vote the motion was carried. 13 14 ORDINANCES 15 16 ORDINANCES ON FIRST READING 17 18 Councilmember Morris moved to suspend the rules and read on first reading by title only Ordinances No.30, 19 31 and 32-1991,seconded by Councilmember Parker and on unanimous voice vote the motion was carried. 20 21 APPROPRIATION ORDINANCE NO.30-1991 22 23 The Clerk read on first reading by title only Ordinance No. 30-1991 -AN ORDINANCE TO APPROPRIATE 24 WITHIN THE CUMULATIVE CAPITAL DEVELOPMENT FUND. 25 26 President Hutton announced the ordinance would be advertised for public hearing. 27 28 ORDINANCE NO.31-1991 29 30 The Clerk read on first reading by title only Ordinance No. 31-1991 - AN ORDINANCE AUTHORIZING THE 31 CITY OF RICHMOND TO ISSUE ITS "ECONOMIC DEVELOPMENT REVENUE BONDS, SERIES 1991 32 (EARLHAM COLLEGE PROJECT)"AND APPROVING OTHER ACTIONS IN RESPECT THERETO. 33 34 Councilmember Morris moved to suspend the rules and move ordinance No. 31-1991 to second reading, 35 seconded by Councilmember McBride and on unanimous voice vote the motion was carried. 36 37 The Clerk read the ordinance on second reading. 38 39 President Hutton announced the ordinance was on public hearing. 40 41 Speaking for the ordinance was Mr. Kent Klinge, Attorney at Law, representing the Economic Development 42 Commission. Mr. Klinge reminded the Council they had given prior approval to the Resolution authorizing 43 Earlham to proceed with the sale of bonds for the construction of two residence halls. Mr. Klinge stated that 44 this is the final approval and the bonds will be issued in the amount of 3.7 million. 45 46 Mr. Klinge informed Council that the Economic Development Commission had met and approved finding no 47 adverse economic impact. He asked that the Council approve the project. 48 49 There being no other comments, Councilmember Elstro moved for engrossment, seconded by 50 Councilmember Parker and on unanimous voice vote the motion was carried. 51 52 Councilmember Elstro moved to suspend the rules and and move Ordinance No. 31-1991 to third and final 53 reading and read by title only, seconded by Councilmember Brookbank and on unanimous voice vote the 54 motion was carried. 55 56 The Clerk read Ordinance No.31-1991 on third and final reading by title only. 57 58 Ordinance No.31-1991 was adopted on the following call of the roll: 111 59 60 Ayes: Elstro, Lundy, Brookbank, Hankinson, McBride, Parker, Morris, Paust and Hutton (9) 61 Nays: None 62 63 64 65 Common Council Minutes Cont'd June 24, 1991 Page 5 1 ORDINANCE NO.32-1991 2 3 The Clerk read on first reading by title only Ordinance No. 32-1991 - AN ORDINANCE SETTING THE 4 SALARIES, WAGES AND POSITIONS FOR APPOINTED OFFICERS AND EMPLOYEES OF THE 5 RICHMOND SANITARY DISTRICT FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1992 AND ENDING 6 DECEMBER 31, 1992,AS ADOPTED BY THE BOARD OF SANITARY COMMISSIONERS. 7 8 Councilmember Morris moved to suspend the rules and move ordinance No. 32-1991 to second reading, 9 seconded by Councilmember Lundy 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 Speaking for the ordinance was Mr. Ralph Willis, Manager, Chief Engineer of the Richmond Sanitary District. 16 Mr.Willis told the Council he was in favor of the salaries as presented and was available for questions. 17 18 Councilmember Elstro asked what the percentage of increase was and Mr.Willis said the Board decided the 19 increase would be 500.00 for all employees with the exception of one employee given an additional increase 20 with expanded duties. 21 22 President Hutton asked if the salaries allotted to other city officials were the same as past years and Mr. 23 Jerald Judge said that two were increased being payroll and personnel. 24 25 President Hutton asked if the salary was calculated on the time devoted to the Sanitary District and Mr. 26 Judge stated that was the intent and it was an educated guess. 27 28 There being no other comments, Councilmember Elstro moved for engrossment, seconded by 29 Councilmember Parker and on unanimous voice vote the motion was carried. 30 31 Councilmember Lundy moved to suspend the rules and and move Ordinance No. 32-1991 to third and final 32 reading and read by title only, seconded by Councilmember Brookbank and on unanimous voice vote the 33 motion was carried. 34 35 The Clerk read Ordinance No.32-1991 on third and final reading by title only. 36 37 Ordinance No.32-1991 was adopted on the following call of the roll: 38 39 Ayes: Elstro, Lundy, Brookbank, Hankinson, McBride, Parker, Morris, Paust and Hutton (9) 40 Nays: None 41 42 Following vote, Councilmember Parker commented that last year the Council had requested the salary 43 ordinances be presented showing present and proposed salaries and this ordinance was not presented in 44 that format. He stated that if this is what the Council wants then they should demand it be presented in 45 proper format. 46 47 Councilmember Elstro requested that the City's salary ordinance show the present and proposed salaries 48 and he suggested it be one lump sum of money allotted for the raises. 49 50 Mayor Waltermann informed the Council that he did not believe there would be funds available to give the 51 other city employees a raise for 1992. 52 53 ORDINANCES ON SECOND READING 54 55 ORDINANCE NO.12-1991 56 57 The Clerk read on second reading Ordinance No. 12-1991 - AN ORDINANCE AMENDING CHAPTER 154 111 58 OF THE MUNICIPAL CODE, BEING ORDINANCE NO. 2325-1968, COMMONLY KNOWN AS THE 59 ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA PROVIDING FOR THE REZONING OF 60 PROPERTY LOCATED IN THE 2800 BLOCK OF UNION PIKE, ON THE EAST SIDE, FROM R-2 SINGLE 61 FAMILY RESIDENCE AND 0-1 GREENBELT DISTRICT TO M-2 GENERAL INDUSTRIAL DISTRICT. 62 63 President Hutton announced the Ordinance was on public hearing and the Plan Commission had 64 recommended amendments to the Ordinance. 65 Coo Common Council Minutes Cont'd June 24, 1991 Page 6 1 Councilmember Brookbank moved to amend Ordinance No. 12-1991 per the recommendations of the Plan 2 Commission, seconded by Councilmember McBride and on unanimous voice vote the motion was carried. 3 4 Speaking in favor was Mr. Robert Bever, Attorney at Law, 400 Bank One Building. Mr. Bever informed 5 Council he was representing Mr. Nick DeLucio,owner of the property. He stated that a parcel of the property 6 owned by Mr. DeLucio was already zoned M-2 and a small portion R-2 with the balance being 0-1. He said 7 they were asking for all of the 31 acres to be zoned M-2 because it is adjoined by commercial on all sides. 8 Mr. Bevel said the 31 acres are all cleared and vacant and not tillable for farming. 9 10 Mr. Bever reminded Council it was part of the Master Plan reserved for future growth and the M-2 zoning 11 would make it attractive for investors while keeping the drop area zoned Greenbelt. 12 13 Mr. Bever said they would attempt later to add a tree line area to the M-2 zoning at a later date still leaving 14 the drop off area as Greenbelt. 15 16 Councilmember Paust asked if they had considered voluntary annexation to the City and Mr. Bever said he 17 felt his client was open for that and he would pass the suggestion on. 18 19 There being no further public discussion, Councilmember Brookbank moved for engrossment, seconded by 20 Councilmember Elstro and on unanimous voice the motion was carried. 21 22 Councilmember Morris moved to suspend the rules and move Amended Ordinance No. 12-1991 to third and 23 final reading and read by title only, seconded by Councilmember McBride and on unanimous voice vote the 24 motion was carried. 25 26 The Clerk read Amended Ordinance No. 12-1991 on third and final reading by title only. 27 28 Amended Ordinance No. 12-1991 was adopted on the following call of the roll: 29 30 Ayes: Elstro, Lundy, Brookbank, Hankinson, McBride, Parker, Morris, Paust and Hutton (9) 31 Nays: None 32 33 ORDINANCE NO.20-1991 34 35 The Clerk read on second reading Ordinance No. 20-1991 - AN ORDINANCE AMENDING CHAPTER 154 36 OF THE MUNICIPAL CODE, BEING ORDINANCE NO. 2325-1968, COMMONLY KNOWN AS THE ZONING 37 ORDINANCE OF THE CITY OF RICHMOND, INDIANA PROVIDING FOR THE REZONING OF PROPERTY 38 LOCATED AT 246 SOUTH 4TH STREET, FROM R-3 ONE TO EIGHT FAMILY RESIDENCE DISTRICT TO 39 F-3SU ONE TO EIGHT FAMILY RESIDENCE SPECIAL USE DISTRICT AND AUTHORIZING THE 40 SPECIAL USE OF SAID PROPERTY FOR THE ESTABLISHMENT OF A BUSINESS OFFICE. 41 42 President Hutton announced the Ordinance was on public hearing and the Plan Commission had 43 recommended amendments to the Ordinance. 44 45 Councilmember Brookbank moved to amend Ordinance No. 20-1991 per the recommendations of the Plan 46 Commission,seconded by Councilmember Lundy and on unanimous voice vote the motion was carried. 47 48 Speaking in favor was Ms. Sandy Emmons, 325 South 27th Street. Ms. Emmons requested the approval of 49 Council in the special use rezoning. 50 51 There being no further public discussion, Councilmember Morris moved for engrossment, seconded by 52 Councilmember Paust and on unanimous voice the motion was carried. 53 54 Councilmember Morris moved to suspend the rules and move Amended Ordinance No. 20-1991 to third and 55 final reading and read by title only, seconded by Councilmember Brookbank and on unanimous voice vote 56 the motion was carried. 57 58 The Clerk read Amended Ordinance No.20-1991 on third and final reading by title only. 59 60 Amended Ordinance No.20-1991 was adopted on the following call of the roll: 61 62 Ayes: Elstro, Lundy, Brookbank, Hankinson, McBride, Parker, Morris, Paust and Hutton (9) 63 Nays: None 64 65 66 oQ/ Common Council Minutes Cont'd June 24, 1991 Page 7 1 UNFINISHED BUSINESS 2 3 President Hutton requested Mr. Metzger to draft procedure for the Council to properly handle vetoed 4 ordinances in the future. 5 6 ORDINANCES ON THIRD READING 7 8 None were presented. 9 10 ADJOURNMENT 11 12 There being no further business, on a motion duly made, seconded and passed, the meeting was 13 adjourned. 14 15 16 17 18 19 Sarah Hutton, President 20 21 22 23 24 ATTEST: 25 Mary Merchanthouse, City Clerk 26 27 28 29 30 31 32 33 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