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HomeMy Public PortalAbout05-20-1991 533 PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA, MAY 20, 1991 1 The Common Council of the City of Richmond, Indiana met in regular session on May 20, 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 I PLEDGE OF ALLEGIANCE 8 I 9 SILENT DEVOTIONS 10 11 APPROVAL OF MINUTES OF MAY 6, 1991 12 13 Councilmember Brookbank moved to approve the minutes of the previous meeting as prepared, seconded 14 by Councilmember Lundy and on unanimous voice vote the motion was carried. 15 16 COMMUNICATIONS FROM THE MAYOR 17 - 18 Mayor Frank Waltermann told the Council he had attended the Opening Day events for the Optimist Little 19 League and thanked the Evening Optimist members, Park Department and parents of the children for their 20 time in serving over 900 youth in our community with baseball and volleyball programs. 21 22 Mayor Waltermann informed Council that he had attended a Mayor's Round Table with the Lt. Governor as 23 their guest. He said concerns were expressed that inaction with the State budget puts everybody in 24 jeopardy at the local level trying to figure their budgets. 25 26 I Mayor Waltermann reminded the Council of the Pig Out '91 and that it would be a great attraction. He 27 I thanked Ms. Sarah Braxton for her hard work toward this festival. 28 29 The Mayor also reminded Council of the Ramsey Lewis Trio to perform in the Gorge Meadow on May 31, 30 1991. He said this concert is a free community event and he appreciated the efforts of RP&L, Earlham and 31 IU East for providing this opportunity to the community. 32 33 Mayor Waltermann thanked Councilmember Hankinson and Councilmember Paust for their years of service 34 to the City as members of the Common Council and hoped their cooperation with him would continue for the 35 next seven months. 36 37 PRESENTATION OF REMONSTRANCES. PETITIONS AND MEMORIALS 38 39 None were presented. 40 41 REPORTS FROM CITY DEPARTMENTS 42 43 None were presented. 44 45 REPORTS FROM OTHER OFFICES 46 47 None were presented. 48 49 REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY 50 51 Councilmember Elstro asked about the railroad crossings and Mr. Metzger said he had not received any 52 response. 53 54 Councilmember Elstro also questioned weeds on South L and being over a bus bench and Mayor 55 Waltermann reported this problem was being addressed and said the Park did investigate all the lots that 56 i had been on the mowing list and many were not City responsibility. 57 58 President Hutton added that over 140 lots were on the list. 59 60 Councilmember Elstro asked about the HELP Shelter and if they were open 24 hours and was informed they 61 were supposed to be on emergency call 24 hours a day. Councilmember Elstro commented that he hoped 62 the City backs the Police Department in the recent vicious dog determination. 63 64 Councilmember Parker asked about weed lots and if people have been notified of the need to cut and Ms. 65 Sweet said the notifications had been sent out. 66 CI Common Council May 20, 1991 Page 2 1 Councilmember McBride asked again about the NW L Street crossing repairs and also medians that need 2 cut. 3 4 Mayor Waltermann said the City is catching up with mowing and are approximately two weeks behind in the 5 schedule. 6 7 REPORTS FROM SPECIAL COMMITTEES 8 9 None were presented. 10 11 REPORTS FROM STANDING COMMITTEES 12 13 Reid Hospital 14 15 Councilmember Brookbank reported that dollars had been approved for a new roof on B Wing and the Board 16 is working on a corporate identity that can be used throughout including such items as stationary. 17 18 REPORTS FROM SPECIAL COUNCIL COMMITTEES 19 20 Redevelopment Commission 21 22 Councilmember Elstro informed Council they had met to work on the TIF bonds for the extension of 23 Industries Road, but the dollars had been cut from the bonds for the demolition of the property on North 10th 24 Street. 25 '26 Mayor Waltermann said he had spoken for the dollars to be left in the bond issue. He said the property at 11, 27 13,1 5 North 10th had been appraised at 73,000.00 and the Redevelopment Commission felt they were not 28 worth 73,000.00. Mayor Waltermann said Councilmember Elstro's motion to include the dollars for purchase 29 and demolition died for lack of a second, but he would continue to look for dollars to removed the structure. 30 31 Councilmember Morris asked the status of the property and Mr. Metzger said it was properly secured and 32 had been through the Unsafe Building Hearing process, but not set for demolition because it is structurally 33 sound. 34 35 MISCELLANEOUS BUSINESS 36 37 Council Comments or Complaints 38 39 None were presented. 40 41 RESOLUTIONS 42 43 Councilmember Brookbank moved to suspend the rules and read Resolutions No. 8 and 9-1991 by title only, 44 seconded by Councilmember Elstro and on unanimous voice vote the motion was carried. 45 46 RESOLUTION NO.8-1991 47 48 The Clerk read by title only Resolution No. 6-1991 - A RESOLUTION APPROVING THE STATEMENT OF 49 BENEFITS OF CERTAIN FIRMS INSTALLING NEW MANUFACTURING EQUIPMENT AND/OR 50 CONSTRUCTION IMPROVEMENTS ON REAL ESTATE IN ECONOMIC REVITALIZATION AREAS IN THE 51 CITY OF RICHMOND, INDIANA. 52 53 Councilmember Parker stated that the committee had met and reviewed the applications and all were 54 recommended for approval. He said they represented new structures, new equipment and new jobs for the 55 community and tax abatement show existing businesses assistance. 56 57 Councilmember Morris moved for adoption of Resolution No. 8-1991, seconded by Councilmember McBride 58 and on unanimous voice vote the motion was carried. 59 60 RESOLUTION NO.9-1991 61 62 The Clerk read by title only Resolution No. 9-1991 - A RESOLUTION OF THE COMMON COUNCIL TO 63 APPROVE THE ISSUANCE OF REVENUE BONDS FOR THE FINANCING OF ECONOMIC 64 DEVELOPMENT FACILITIES. 65 66 585 Common Council Minutes Cont'd May 20, 1991 Page 3 1 Mr. Kent Klinge,Attorney at Law, representing Earlham College,told the Council Earlham is wanting to build 2 two dormatories He said the dormatories would each be 18,000 sq.ft. housing 50 students. Mr. Klinge said 3 the bond issue would be 4,000,000.00 and reminded the Council that Earlham would be responsible and not 4 the City. 5 6 Mr. Klinge stated the Economic Development Commission had met and approved their Inducement 7 Resolution and a local contractor has been lined up for the project with Raffenberger& Hughes purchasing 8 the bonds. 9 10 Mr. Klinge informed Council he hoped to return to Council at the June 17th meeting the final ordinance. 11 12 President Hutton told Mr. Klinge there would be no meeting of Council on the 17th due to no quorum 13 available and they would meet the 24th instead. 14 15 Councilmember Elstro moved for adoption of Resolution No. 9-1991, seconded by Councilmember McBride 16 and on unanimous voice vote the motion was carried. 17 18 ORDINANCES 19 20 ORDINANCES ON FIRST READING 21 22 Councilmember Elstro moved to suspend the rules and read on first reading by title only Ordinances No.23, 23 24, 25 and 26-1991, seconded by Councilmember Brookbank and on unanimous voice vote the motion was 24 carried. 25 26 ORDINANCE NO. 23-1991 27 28 The Clerk read on first reading by title only Ordinance No. 23-1991 - AN ORDINANCE AMENDING 29 ORDINANCE NO.73-1983,AS AMENDED. 30 31 Councilmember Morris moved to suspend the rules and move Ordinance No. 23-1991 to second reading, 32 seconded by Councilmember Parker and on unanimous voice vote the motion was carried. 33 34 The Clerk read Ordinance No.23-1991 on second reading. 35 36 President Hutton announced the ordinance was on second reading. 37 38 Speaking for the ordinance was Ms. Marge Sweet. Ms. Sweet explained that the amendment would delete 39 Section 3 of the 1983 ordinance because in 1983 COBRA was not in effect and with COBRA insurance 40 coverage is automatic up to 36 months after retirement. 41 42 Ms. Sweet said other amendments were made because it is the feeling that health insurance is an employee 43 benefit and should be for the benefit of employees only, not surviving spouses. 44 45 Ms. Sweet informed Council that in 1990 the City collected in retirees insurance premiums 1./3 of what was 46 paid out in claims. 47 48 Councilmember Parker asked how many of those insured as retirees are surviving spouses and Ms. Sweet 49 said she was not certain, but did not feel that many would be involved. She said with COBRA it protects 50 people who loose job through no fault of own and guarantees rights to insurance. 51 52 Councilmember McBride asked if this included police and fire and Ms. Sweet said it did. 53 54 Councilmember Morris asked about the changes in Section 4 and Ms. Sweet said it brings it in line with 55 PERF laws. 56 57 President Hutton asked if retirees were always charged 130% and Ms. Sweet said when COBRA was first 58 59 enacted they were charged 102%, but when it was clarified the City was allowed to charge the 130%the rate was increased. She said rates are figured by the number of dependents. 60 61 Councilmember Parker expressed concerns that it would be difficult for a surviving spouse to find health 62 insurance at a certain age if taken off the City's policy after 2 or 3 years. He said it would also be very costly 63 if they could get insurance. 64 65 Councilmember Lundy asked if everybody retiring would be taken off the insurance and Ms. Sweet said just thee surviving spouses. 5,0 Common Council Minutes Cont'd May 20, 1991 Page 4 1 Councilmember Lundy asked what the 130% would equate to in dollars ad Ms. Sweet said she would be 2 happy to get those figures for Council and asked they meet in a Committee of the Whole for discussion. 3 4 Councilmember Morris said the questions is how much the active city employees will have to make up in 5 increased premiums and asked if Ms. Sweet could also furnish those types of figures. 6 7 Ms.Sweet said she would get that information and also information on two tier coverage. 8 9 Councilmember Paust asked about major medical type coverage and Ms. Sweet said the City carried Stop 10 Loss for claims over 75,000.00 and only one insurance company will bid on this because of our claims. 11 12 Also speaking was Mr. Don Atkins, 1122 Glendale Road. Mr. Atkins, retired Firefighter, said he knows the 13 costs have gone up, but he did not feel retirees should be taken out of the group plan. He said this would 14 make it hard for retirees. Mr. Atkins said in December they were told there would be no increase in 15 premiums just the deductible would be raised and now there was an increase and this is happening. 16 17 Ordinance No. 23-1991 was assigned to Committee of the Whole and Councilmember Lundy said she would 18 schedule a meeting and notify Council. 19 20 ORDINANCE NO.24-1991 21 22 The Clerk read on first reading by title only Ordinance No. 24-1991 - AN ORDINANCE GRANTING 23 PRELIMINARY APPROVAL TO A COMMERCIAL DEVELOPMENT UNIT PROJECT IN A R-2 SINGLE 24 FAMILY RESIDENCE DISTRICT ON PROPERTY LOCATED AT 912 AND 914 MENDLESON DRIVE, 25 PURSUANT TO ARTICLES 45 AND 48 OF CHAPTER 154 OF THE CODE OF ORDINANCES, 26 COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA. 27 28 President Hutton assigned the Ordinance to Plan Commission for public hearing and recommendation. 29 30 ORDINANCE NO.25-1991 31 32 The Clerk read on first reading by title only Ordinance No. 25-1991 - AN ORDINANCE TO TRANSFER 33 WITHIN THE MOTOR VEHICLE HIGHWAY FUND. 34 35 Councilmember Morris moved to suspend the rules and move Ordinance No. 25-1991 to second reading, 36 seconded by Councilmember Parker and on unanimous voice vote the motion was carried. 37 38 The Clerk read the ordinance on second reading. 39 40 President Hutton announced the Ordinance was on public hearing. 41 42 Speaking for the transfer was Mr. William Smith, Street Division Manager. Mr. Smith told Council the 43 transfer was for the purchase of traffic markings to use in the repaving program. He said it is a thermal 44 plastic material with 3 to 5years wear and if for high traffic intersections. 45 46 There being no further comments, Councilmember Brookbank moved for engrossment, seconded by 47 Councilmember Parker and on unanimous voice vote the motion was carried. 48 49 Councilmember Morris moved to suspend the rules and move Ordinance No. 25-1991 to third and final 50 reading and read by title only, seconded by Councilmember McBride and on unanimous voice vote the 51 motion was carried. 52 53 The Clerk read Ordinance No 25-1991 on third and final reading by title only. 54 55 Transfer Ordinance No.25-1991 was adopted on the following call of the roll: 56 57 Ayes: Elstro, Lundy, Brookbank, Hankinson, McBride, Parker, Morris, Paust and Hutton (9) 58 Nays: None 59 60 ORDINANCE NO.26-1991 61 62 The Clerk read on first reading by title only Ordinance No. 26-1991 - AN ORDINANCE OF THE CITY OF 63 RICHMOND, INDIANA, APPROVING A LEASE FOR THE DANA PARKWAY/INDUSTRIES ROAD 64 PROJECT BETWEEN THE RICHMOND REDEVELOPMENT AUTHORITY AND THE RICHMOND 65 REDEVELOPMENT COMMISSION. 587 Common Council Minutes Cont'd May 20, 1991 Page 5 1 Councilmember Morris move to suspend the rules and move Ordinance No. 26-1991 to second reading, 2 seconded by Councilmember Elstro and on unanimous voice vote the motion was carried. 3 4 President Hutton announced the Ordinance was on public hearing. 5 6 Mr. Bruce Metzger explained this was the first step to start the TIF Bond process for Industries Road. He 7 said they have received a signed agreement with the developer and are expecting a letter of credit this week 8 for the factory outlet mall project. Mr. Metzger said if the letter of credit regarding the escrow account is not 9 received no further action will proceed on the bond issue. 10 11 Councilmember Parker asked if this assurance to stop proceedings could be made a part of the ordinance 12 and Mr. Metzger explained with that type of provision, they would have to go back to square one with each 13 start and stop of the project. 14 15 Councilmember Parker said he was not willing to spend one cent of money without the escrow payment. 16 17 Councilmember Paust suggested it be set on the table until they see the money and Mr. Metzger said he 18 had some concerns and had told the developer that they would not proceed without the escrow deposit. 19 20 Mr. Metzger said the bond process has to go to the State Tax Board on Wednesday for appeal, but they 21 would be able to stop any proceedings on the sale of the bonds or anything else dealing with the road until 22 the escrow is received. 23 24 Mayor Waltermann said this lease is no cost to the City,but if adopted will allow the project to keep on a time 25 table,but there is no obligation attached. 26 27 Councilmember Lundy noted that Ordinance 26-1991 also addressed the demolition costs and asked if it 28 needed to be amended since the Redevelopment Commission deleted them from the project. 29 30 Mr. Metzger recommended the Ordinance be amended by deleting any reference to the North 10th Street 31 project and Councilmember Morris so moved, seconded by Councilmember Parker and with Councilmember 32 Paust voting in opposition the motion was carried. 33 34 Councilmember Parker said he had no problem with the time table if there is no obligation to the City. He 35 said the developer should be notified that if the City does not receive the escrow by a certain date, the City 36 will stop their proceedings and they can start the proceedings over. He said the City has a fortune tied up in 37 time on this project. 38 39 Councilmember Elstro commented that Mr. Metzger will be the watch dog on this project. 40 41 Councilmember Paust stated that he has no problem with the road, but the City also had a problem with 42 buildings in the main core area of the City. He said the Redevelopment Commission is only looking at the 43 outlet mall and not the mainstay of the City which is the downtown area. 44 45 Councilmember moved for engrossment of Amended Ordinance No. 26-1991, seconded by Councilmember 46 Brookbank and on unanimous voice vote the motion was carried. 47 48 Councilmember Elstro moved to suspend the rules and move Amended Ordinance No. 26-1991 to third and 49 final reading and read by title only, seconded by Councilmember Brookbank and on unanimous voice vote 50 the motion was carried. 51 52 The Clerk read Amended Ordinance No.26-1991 on third and final reading by title only. 53 54 Councilmember Parker requested that no funds be spent on this project until the escrow is received. 55 56 Councilmember Morris stated that she agreed with Councilmember Paust regarding the downtown and felt 57 that Council should bent that message to the Redevelopment Commission. 58 59 Amended Ordinance No.26-1991 was adopted on the following call of the roll: 60 61 Ayes: Elstro, Lundy, Brookbank, Hankinson, McBride, Parker, Morris, Paust and Hutton (9) 62 Nays: None 63 64 65 538 Common Council Minutes Cont'd May 20, 1991 Page 6 1 ORDINANCES ON SECOND READING 2 3 ORDINANCE NO.16-1991 4 5 The Clerk read on second reading Ordinance No. 16-1991 - AN ORDINANCE CONCERNING FACT 6 FINDING FOR THE CITY OF RICHMOND. 7 8 President Hutton announced the Ordinance had proposed amendments and was on continued public 9 hearing. 10 11 Mr. Metzger presented an ordinance incorporating the language in Section A naming the bargaining units to 12 be recognized as requested by Mayor Waltermann. He also reminded Council that they had previously 13 received the ordinance with the other proposed amendments He said both ordinance were legally fine and 14 the it would be a policy decision for Council to decide which versions they preferred. 15 16 Councilmember Parker asked Mayor Waltermann which he preferred and Mayor Waltermann recommended 17 the Ordinance with the language specifying the recognized bargaining units. He said he still has questions 18 that the fact finding ordinance would be construed as a collective bargaining ordinance and felt it would be 19 best to specify the recognized units within the ordinance. He reminded Council he had made this request at 20 both a Committee of the Whole and a regular meeting of the Council. 21 22 Mr.Walt Chidester, Attorney at Law, representing Common Council, reviewed the changes with the Council. 23 He said the original amendments included changes in Section B for all of the Fact Finders to be residents, 24 Section D to make it the obligation of both parties, Section F to be 15 days, Section E to delete the term 25 "other terms and conditions of employment", Section H (1) by adding A,B,and C, Section I by making the 26 Council responsible for the final decision and Section K to repeal earlier ordinances in conflict. 27 28 Mr. Chidester agreed that Section A was a policy and also a political consideration and he was not prepared 29 to say if there could be problems with the language at this point in time. He said the original language in A 30 was taken from the existing ordinance. 31 32 Councilmember Morris asked Mr. Metzger whose discretion it would be to determine if the City would bargain 33 with a new labor unit and Mr. Metzger said that currently cities do not have to recognize organized labor,but 34 may. He felt it was the decision of the Mayor to make that determination. 35 36 President Hutton asked where that opinion might be found and Mr. Metzger said he doubted if there was a 37 direct statute, but with separation of powers he felt it was an executive decision. Mr. Metzger said he would 38 do research,but felt it would cloud tonight. 39 40 Councilmember Parker moved to amend Ordinance 16-1991 with all the proposals including Section A to 41 name specific recognized units. The motion was seconded by Councilmember Morris. 42 43 Councilmember Elstro asked that prior to voting on anything, he would like to see a copy of the amended 44 ordinance in total. 45 46 Councilmember Hankinson shared the confusion over the proposed amendments. 47 48 Councilmember Elstro said he would like to see both proposed ordinances in total and vote on it at the next 49 meeting. 50 51 Councilmembers Morris and Parker withdrew their motion and second to amend the ordinance. 52 53 Mr. Metzger requested a short recess of Council to make copies of the proposed ordinance with the 54 amendments to Section A. 55 56 RECESS AND RECONVENE OF COUNCIL 57 58 After looking over the proposed amended ordinances, Councilmember Lundy moved to amend Ordinance 59 16, 1991 with the original proposed amendments excluding Section A being amended. Councilmember 60 Elstro seconded the motion and the motion was carried on a voice vote. 61 62 Councilmember Parker moved to amend Amended Ordinance 16-1991 by changing Section A to include 63 specific bargaining units to be included. Councilmember Morris seconded the motion. 64 65 66 Common Council Minutes Cont'd May 20, 1991 Page 7 1 The motion was defeated on the following call of the roll: 2 3 Ayes: Hankinson, Parker, Morris, and Paust (4) 4 Nays: Elstro, Lundy, Brookbank, McBride and Hutton (5) 5 6 There being no further discussion, Councilmember Elstro moved for engrossment, seconded by 7 Councilmember Parker and on unanimous voice vote the motion was carried. 8 9 Councilmember Morris moved to suspend the rules and read Amended Ordinance No. 16-1991 on third and 10 final reading by title only, seconded by Councilmember Lundy and on unanimous voice vote the motion was 11 carried. 12 13 The Clerk read Amended Ordinance No. 16-1991 on third and final reading by title only. 14 15 Amended Ordinance No. 16-1991 was adopted on the following call of the roll: 16 17 Ayes: Elstro, Lundy, Brookbank, Hankinson, McBride, Parker, Morris, Paust and Hutton (9) 18 Nays: None 19 20 ORDINANCE NO.22-1991 21 22 The Clerk read on second reading Ordinance No. 22-1991 -AN ORDINANCE TO APPROPRIATE WITHIN 23 THE LOCAL ROAD AND STREET FUND. 24 25 The Proof of Publication was presented and found to be in order. Councilmember Morris moved to accept 26 and file the Proof of Publication, seconded by Councilmember McBride and on unanimous voice vote the 27 motion was carried. 28 29 President Hutton announced Ordinance No.22-1991 was on public hearing. 30 31 There being no discussion, Councilmember Parker moved for engrossment, seconded by Councilmember 32 Brookbank and on unanimous voice vote the motion was carried. 33 34 Councilmember Brookbank moved to suspend the rules and read Amended Ordinance No. 22-1991 on third 35 and final reading by title only, seconded by Councilmember McBride and on unanimous voice vote the 36 motion was carried. 37 38 The Clerk read Ordinance No.22-1991 on third and final reading by title only. 39 40 Ordinance No. 22-1991 was adopted on the following call of the roll: 41 42 Ayes: Elstro, Lundy, Brookbank, Hankinson, McBride, Parker, Morris, Paust and Hutton (9) 43 Nays: None 44 45 ORDINANCES ON THIRD READING 46 47 None were presented. 48 49 ADJOURNMENT 50 51 There being no further business, on a motion duly made, seconded and passed, the meeting was 52 i adjourned. 53 54 55 56 57 58 Sarah Hutton, President 59 60 61 62 63 I ATTEST: 64 Mary Merchanthouse, City Clerk 65 '590