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HomeMy Public PortalAbout05-06-1991 3 , 577 PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA. MAY 6. 1991 1 The Common Council of the City of Richmond, Indiana met in regular session on May 6, 1991 at the hour of 2 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 APRIL 15, 1991 12 13 Councilmember Morris moved to approve the minutes of the previous meeting as prepared, seconded by 14 Councilmember McBride and on unanimous voice vote the motion was carried. 15 16 COMMUNICATIONS FROM THE MAYOR 17 18 Mayor Frank Waltermann updated the Council on the In-Fill Housing project and that the City was beginning 19 to work on specifications for the homes and had site selection pretty well in hand. 20 21 PRESENTATION OF REMONSTRANCES. PETITIONS AND MEMORIALS 22 23 None were presented. 24 25 REPORTS FROM CITY DEPARTMENTS 26 27 Purchasing Department 28 29 Ms. Annie Planck, Purchasing Director, referenced the report she had forwarded to members of Council and 30 indicated she would be glad to answer any questions. 31 32 Members of Council had no questions, but Councilmember Hankinson told Ms. Planck the report was well 33 done and she was to be complimented. 34 35 REPORTS FROM OTHER OFFICES 36 37 None were presented. 38 39 REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY 40 41 Ms. Hauptstueck reported the City still had not received any written report from the State regarding National 42 Road West, but they would continue to try to get the report. 43 44 Councilmember Elstro asked about the railroad crossings and Mr. Metzger said he had not received any 45 response. He said the next question is whether the City should do the work. Mr. Metzger said the cost for 46 the repairs would be high and he was also concerned with the City's liability if anything was wrong with the 47 work. 48 49 Councilmember McBride asked about the NW L Street crossing repairs and Ms. Hauptstueck said that had 50 been referred to Mr. Smith. 51 52 Councilmember McBride asked about several right of way areas and who was responsible for mowing the 53 grass. 54 55 Mayor Waltermann said it was the responsibility of the Park Department who is now playing catch up on 56 mowing. He said there are 140 plus lots the City had maintained in the past and a meeting will be held this 57 week to look at the lots and determine who is responsible since some of the areas are not the responsibility 58 of the City. 59 60 REPORTS FROM SPECIAL COMMITTEES 61 62 None were presented. 63 64 REPORTS FROM STANDING COMMITTEES 65 66 Reid Hospital 518 Common Council May 6, 1991 Page 2 1 Councilmember Brookbank reported on the retreat held recently in Oxford. She said a Doctor of Religion and 2 a Doctor specializing in medical ethics made a presentation at the retreat. She added that Reid now has an 3 orthopaedic surgeon on staff. 4 5 REPORTS FROM SPECIAL COUNCIL COMMITTEES 6 7 None were presented. 8 9 MISCELLANEOUS BUSINESS 10 11 Council Comments or Complaints 12 13 Councilmember Elstro asked about a property at South 8th and J and that for the past two to three years it 14 has been a total mess. He requested this problem be addressed. 15 16 Mr. Dooley said they had contacted the property owners who live in California and the loan company holding 17 the mortgage. He said they have were given an April 30th deadline to comply and since that deadline has 18 passed the case has been turned over to the City Attorney for action in Court. 19 20 Councilmember Elstro presented Mr. David Van Zant to the Council regarding sidewalks on SW G Street. 21 22 Mr. Van Zant reminded the Council that the residents of the area had presented a petition to Council for 23 sidewalks and curbs. He said because of children walking in the area these improvements are needed for 24 their safety. He said it would also keep people from pulling into their yards when parking around the High 25 School. 26 27 Mr. Smith suggested since they would be overlaying SW G Street that he could elevate 3 and 1/2 ft. of the 28 asphalt to do a false curb area. He said to undertake new sidewalks would be too costly at this time, but he 29 would meet with Mr. Van Zant to address the problem. 30 31 Councilmember Brookbank reported that COMPASS has the preliminary report out and the first Partnership 32 meeting will be May 14, 1991 in the Council Chambers with a community wide meeting on May 21, 1991 and 33 the last partnership meeting on June 4, 1991. 34 35 Councilmember Brookbank also reported on Habitat for Humanity and a special meeting with the Starr 36 Neighborhood Association. 37 38 Councilmember Brookbank informed the Council that the GIS was beginning with a pilot project on a layering 39 process on the west edge of the City. 40 41 RESOLUTIONS 42 43 Councilmember Hankinson moved to suspend the rules and add Resolution No. 7-1991 to the agenda, 44 seconded by Councilmember Brookbank and on unanimous voice vote the motion was carried. 45 46 Councilmember Morris moved to suspend the rules and read Resolutions No. 6 and 7-1991 by title only, 47 seconded by Councilmember Brookbank and on unanimous voice vote the motion was carried. 48 49 RESOLUTION NO.6-1991 50 51 The Clerk read by title only Resolution No. 6-1991 - A RESOLUTION APPROVING THE STATEMENT OF 52 BENEFITS OF CERTAIN FIRMS INSTALLING NEW MANUFACTURING EQUIPMENT AND/OR 53 CONSTRUCTION IMPROVEMENTS ON REAL ESTATE IN ECONOMIC REVITALIZATION AREAS IN THE 54 CITY OF RICHMOND, INDIANA. 55 56 Mr. Dooley informed the Council the committee did meet and recommended all applicationsbe approved. 57 58 Councilmember Hankinson moved for adoption of Resolution No. 6-1991, seconded by Councilmember 59 Brookbank and on unanimous voice vote the motion was carried. 60 61 RESOLUTION NO.7-1991 62 63 The Clerk read by title only Resolution No. 7-1991 - A RESOLUTION AUTHORIZING THE MAYOR TO 64 APPOINT TWO APPRAISERS. 65 66 Mr. Metzger explained the resolution was required by State Statute to acquire property and the property in question was the Town and Country Motel in the area of Elks Road. 5-7 Common Council Minutes Cont'd May 6, 1991 Page 3 1 Councilmember Hankinson moved for adoption of Resolution No. 7-1991, seconded by Councilmember 2 Paust and on unanimous voice vote the motion was carried. 3 4 ORDINANCES 5 6 ORDINANCES ON FIRST READING 7 8 Councilmember Morris moved to suspend the rules and read on first reading by title only Ordinances No. 9 20, 21 and 22-1991, seconded by Councilmember Lundy and on unanimous voice vote the motion was 10 carried. 11 12 ORDINANCE NO.20-1991 13 14 The Clerk read on first reading by title only Ordinance No. 20-1991 - AN ORDINANCE AMENDING 15 CHAPTER 154 OF THE MUNICIPAL CODE, BEING ORDINANCE NO. 2325-1968, COMMONLY KNOWN 16 AS THE ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA, PROVIDING FOR THE 17 REZONING OF PROPERTY LOCATED AT 246 SOUTH 4TH STREET, FROM R-3 ONE TO EIGHT FAMILY 18 RESIDENCE DISTRICT TO R-3SU ONE TO EIGHT FAMILY RESIDENCE SPECIAL USE DISTRICT AND 19 AUTHORIZING THE SPECIAL USE OF SAID PROPERTY FOR THE ESTABLISHMENT OF A BUSINESS 20 OFFICE. 21 22 President Hutton assigned the Ordinance to Plan Commission for public hearing and recommendation. 23 24 ORDINANCE NO.21-1991 25 26 The Clerk read on first reading by title only Ordinance No. 21-1991 - AN ORDINANCE AMENDING 27 CHAPTER 154 OF THE MUNICIPAL CODE, BEING ORDINANCE NO. 2325-1968, COMMONLY KNOWN 28 AS THE ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA, PROVIDING FOR THE 29 REZONING OF PROPERTY LOCATED ON THE SOUTH SIDE OF EAST MAIN STREET, IN THE 3400 30 AND 3500 BLOCK, FROM R-2 SINGLE FAMILY RESIDENCE DISTRICT AND C-2 COMMERCIAL 31 DISTRICT TO C-2SU COMMERCIAL SPECIAL USE DISTRICT;AND ALSO AUTHORIZING THE SPECIAL 32 USE OF SAID PROPERTY AS A COMMERCIAL DEVELOPMENT UNIT PROJECT. 33 34 President Hutton assigned the Ordinance to Plan Commission for public hearing and recommendation. 35 36 ORDINANCE NO.22-1991 37 38 The Clerk read on first reading by title only Ordinance No. 22-1991 -AN ORDINANCE TO APPROPRIATE 39 WITHIN THE LOCAL ROAD AND STREET FUND. 40 41 President Hutton announced the Ordinance would be advertised for public hearing. 42 43 ORDINANCES ON SECOND READING 44 45 ORDINANCE NO.11-1991 46 47 The Clerk read on second reading Ordinance No. 11-1991 - AN ORDINANCE AMENDING CHAPTER 154 48 OF THE MUNICIPAL CODE, BEING ORDINANCE NO. 2325-1968, COMMONLY KNOWN AS THE 49 ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA, PROVIDING FOR THE REZONING OF 50 PROPERTY LOCATED AT 1405 ABINGTON PIKE, FROM R-1 SINGLE FAMILY RESIDENCE DISTRICT 51 TO F-1SU SINGLE FAMILY RESIDENCE SPECIAL USE DISTRICT AND AUTHORIZING THE SPECIAL 52 USE OF SAID PROPERTY FOR THE INSTALLATION OF A RADIO BROADCAST TOWER. 53 54 President Hutton noted the Ordinance needed to be amended per recommendation of the Plan Commission. 55 56 Councilmember Morris moved to amend Ordinance No. 11-1991 to reflect the recommendations of the Plan 57 Commission,seconded by Councilmember McBride and on unanimous voice vote the motion was carried. 111 58 59 President Hutton announced the Ordinance was on public hearing. 60 61 Speaking in favor was Mr. Dick Smith, Vice President of Earlham College. Mr. Smith explained they were 62 relocating an existing tower on the Campus to this location. He said it was 199 ft. tall and it had been 63 approved by the State since it was in the run way district of the Municipal Airport. 64 65 580 Common Council Minutes Cont'd May 6, 1991 Page 4 1 There being no further comments, Councilmember McBride moved for engrossment, seconded by 2 Councilmember Morris and on unanimous voice vote the motion was carried. 3 4 Councilmember Morris moved to suspend the rules and move Amended Ordinance No. 11-1991 to third and 5 final reading and read by title only, seconded by Councilmember Hankinson and on unanimous voice vote 6 the motion was carried. 7 8 The Clerk read Amended Ordinance No. 11-1991 on third and final reading by title only. 9 10 Amended Ordinance No. 11-1991 was adopted on the following call of the roll: 11 12 Ayes: Elstro, Lundy, Brookbank, Hankinson, McBride, Parker, Morris, Paust and Hutton (9) 13 Nays: None 14 15 ORDINANCE NO.16-1991 16 17 The Clerk read on second reading Ordinance No. 16-1991 - AN ORDINANCE CONCERNING FACT 18 FINDING FOR THE CITY OF RICHMOND. 19 20 President Hutton announced the Ordinance had proposed amendments and was on public hearing. 21 22 Mr. Metzger explained he had changed D to include both parties to meet and bargain in good faith and had 23 included revisions in Section A suggested by Mayor Waltermann to insure that the ordinance not be 24 construed as a collective bargaining ordinance. 25 26 Mr. Metzger noted that in Section F the time needed to be 15 days not 5 days and in Section I the reference 27 to H needed to be I. 28 29 Councilmember Lundy asked for an explanation of the revisions in Section A. 30 31 Mr. Metzger said they were drafted at the request of Mayor Waltermann to clear up any questions with 32 regards to this ordinance being for fact finding and not collective bargaining. He said the language will limit 33 the ordinance to the departments that currently have rights to collective bargaining with Police and Fire being 34 by choice and transit by terms of the grant agreement. 35 36 Councilmember Brookbank moved to amend Section A to recognize Police, Fire and Department of 37 Transportation. Councilmember Hankinson seconded the motion., 38 39 Prior to a vote, Mr. Walt Chidester, Attorney for Council, said he had spoken with Mr. Metzger regarding the 40 changes in the other sections, but did not discuss this change until this evening. He said he has not had a 41 change to review the amendment and was not comfortable with it until he had further discussion on the 42 matter. 43 44 •Councilmember Lundy said she was also not comfortable with the revision and Councilmember Elstro 45 requested it remain on second reading until the next meeting. 46 47 Councilmember McBride asked if this was discrimination against other departments and Mr. Metzger said not 48 in a legal sense and cities were allowed to discriminate for reasons other than race,color, religion, age,etc. 49 50 The motion was to amend Section A was withdrawn and the ordinance remains on second reading. 51 52 ORDINANCE NO.17-1991 53 54 The Clerk read on second reading Ordinance No. 17-1991 - AN ORDINANCE AMENDING CHAPTER 154 55 OF THE MUNICIPAL CODE, BEING ORDINANCE NO.2325-1968, COMMONLY KNOWN AS THE ZONING 56 ORDINANCE OF THE CITY OF RICHMOND, INDIANA, PROVIDING FOR THE REZONING OF 57 PROPERTY LOCATED AT 13105, 3135 AND 3138 UNION PIKE FROM R-1 SINGLE FAMILY RESIDENCE 58 DISTRICT TO M-2 GENERAL INDUSTRIAL DISTRICT. 59 60 President Hutton announced Ordinance No. 17-1991 was on public hearing. 61 62 Speaking in favor was Mr. Robert Delaney,Attorney at Law, representing the petitioners. 63 64 65 5't3 i. Common Council Minutes Cont'd May 6, 1991 Page 5 1 Mr. Delaney referenced the materials previously provided the Council and explained the character of this 2 portion of the 1-70 corridor as being part of the North West Industrial Area for the City. He said the 33 acres 3 in question is now zoned R-1 which is not suitable zoning since part of it was an old city landfill and cold not 4 be used for residences or farming, but is suitable for a commercial use. He said the Stevensons propose to 5 do a truck operation,warehousing and signage. 6 7 Mr. Delaney said they were willing to place a use restriction on themselves in order to insure the property not 8 be used as a wrecking yard. He said that 34 landowners in the area signed a petition in favor of the 9 rezoning and he requested the Council to approve the rezoning. 10 11 Councilmember Morris thanked Mr. Delaney for his thorough information. 12 13 Councilmember Elstro asked about the use restriction and it not being enforceable by the City and Mr. 14 Delaney explained that was correct and the use restriction could only be enforced by residents within 300 ft. 15 16 Councilmember McBride addressed the traffic flow and that Mr. Wiwi assured the Plan Commission that 17 Union Pike could handle the the traffic. 18 19 Councilmember Hankinson told Mr. Delaney that he would like to add to Councilmember Morris'comments 20 regarding this presentation. He said in his twelve year he had never seen a better request presented to the 21 Council. 22 23 There being no further discussion, Councilmember Hankinson moved for engrossment, seconded by 24 Councilmember Brookbank and on unanimous voice vote the motion was carried. 25 26 Councilmember Morris moved to suspend the rules and move Ordinance No. 17-1991 to third and final 27 reading and read by title only, seconded by Councilmember Hankinson and on unanimous voice vote the 28 motion was carried. 29 30 The Clerk read the ordinance on third and final reading by title only. 31 32 Councilmember Elstro stated that he would support the ordinance, but did not want to see a junk yard there 33 and was concerned about billboards being located on the property. 34 35 Ordinance No. 17-1991 was adopted on the following call of the roll: 36 37 Ayes: Elstro, Lundy, Brookbank, Hankinson, McBride, Parker, Morris, Paust and Hutton (9) 38 Nays: None 39 40 ORDINANCE NO.18-1991 41 42 The Clerk read on second reading Ordinance No. 18-1991 - 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 911 SOUTH L STREET AND 1227 SOUTH 9TH STREET FROM R-3 ONE TO 46 EIGHT FAMILY RESIDENCE DISTRICT TO C-2 COMMERCIAL DISTRICT. 47 48 President Hutton announced Ordinance No. 18-1991 was on public hearing and Plan Commission had 49 recommended denial of the petition. 50 51 It was explained the basis for denial was neighbors speaking in opposition because of the encroachment of 52 business in the residential neighborhood, not enough off street parking available being located across from 53 Hibbard. The Plan Commission felt there was enough compelling reasons to do the project and it could be a 54 hardship on the neighborhood. 55 56 Councilmember McBride did not agree with the reasons for denial and did not feel there was congestion in 57 the area or that it would create an interference with Hibbard. 58 59 Councilmember Elstro agreed with the Plan Commission and that parking would have to be on Parry Street 60 and he did not feel it should go in this area. 61 62 There was no public speaking on the matter. 63 64 There being no further discussion, Councilmember Elstro moved for engrossment, seconded by 65 Councilmember Parker and on unanimous voice vote the motion was carried. 58 Common Council Minutes Cont'd May 6, 1991 Page 6 1 Councilmember Morris moved to suspend the rules and move Ordinance No. 18-1991 to third and final 111 2 reading and read by title only, seconded by Councilmember Parker 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. 18-1991 was defeated on the following call of the roll: 8 9 Ayes: McBride (1) 10 Nays: Elstro, Lundy, Brookbank, Hankinson, Parker, Morris, Paust and Hutton (8) 11 12 ORDINANCES ON THIRD READING 13 14 None were presented. 15 16 ADJOURNMENT 17 18 There being no further business, on a motion duly made, seconded and passed, the meeting was 19 adjourned. 20 21 22 23 24 25 Sarah Hutton, President 26 27 28 29 30 31 ATTEST: 32 Mary Merchanthouse, City Clerk 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 66