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
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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
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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
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