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HomeMy Public PortalAbout4-15-1991 57.E PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF RICHMOND. INDIANA. APRIL 15. 1991 1 The Common Council of the City of Richmond, Indiana met in regular session on April 15, 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 APRIL 1. 1991 12 13 Councilmember Brookbank moved to approve the minutes of the previous meeting as prepared, seconded 14 by Councilmember Hankinson and on unanimous voice vote the motion was carried. 15 16 COMMUNICATIONS FROM THE MAYOR 17 18 Mayor Frank Waltermann announced to the Council that representatives from the Federal Emergency 19 Management Agency (FEMA) had been in the City assessing storm damage from the ice storm in March. 20 He said the City is considered part of a disaster area and between the Park, Sanitary, Police, Street and Fire 21 they have filed 75,000.00 claim in wages and use of equipment. Mayor Waltermann said that up to 75%of 22 this could be funded by the federal agency with 12 1/2%from the state and 12 1/2%local funds. 23 24 ' Mayor Waltermann shared a publication from the Indiana Department of Transportation regarding their 25 Multimodal Strategy. He informed Council that if they would read the information they would find it was the 26 same proposal he had made with the proposed Department of Transportation for the City of Richmond and 27 when he was trying to establish it within the City it was to keep richmond one step ahead of the others. 28 29 Mayor Waltermann gave Council a chart comparing tax information for second class cities in Indiana. He 30 pointed out that the City of Richmond had the lowest normal maximum levy, yet looked better that the other 31 communities He said the comparison was interesting and we have done with les while other communities 32 have more. 33 34 Mayor Waltermann updated the Council on the Redevelopment Commission meeting and the proposed TIF 35 financing for Industries Road for the FOCUS project. He said that FOCUS had not exercised their option on 36 the property and until the City hears from the developer the project is on hold. Mayor Waltermann said the 37 City if ready to proceed, but they have given above and beyond the call of duty with this development and 38 will not proceed until we find out what th developer is doing. 39 40 Mayor Waltermann said it is not a dead issue at this time, but we do not know exactly where it stands. He 41 told Council this was not a failure of the City, but of the private sector. 42 43 Councilmember McBride asked if tree replacement was a part of the FEMA reimbursement and Mayor 44 Waltermann said it was. 45 46 Councilmember Paust asked about the supposed 50,000.00 to be escrowed by the developer for the 47 engineering fees and Mr. Metzger said the new developer had not signed the agreement, but the previous 48 developer had agreed to reimburse 50%of the engineering fees if the mall was not located where proposed. 49 50 PRESENTATION OF REMONSTRANCES. PETITIONS AND MEMORIALS 51 52 None were presented. 53 54 REPORTS FROM CITY DEPARTMENTS 55 56 First Quarter Financial Report 57 58 City Controller Marge Sweet gave the Council an update on the percentage of spending by department at 59 the end of the first quarter. Ms. Sweet said that the spending in the General Fund was at 26.2% with the 60 revenue being at 23.5% with a positive cash balance. The MVH spending is at 24.1% with the revenue at 61 14% and a positive cash balance. The Park Fund spending was at 22.3% with the revenue at 5.3 and a 62 negative cash balance. The Airport Fund was at 24.7% spending with 19% revenue and a positive cash 63 balance. The Off Street Parking Fund was at 22.7% spending with a positive cash balance and 32% 64 revenue and Public Transit was at 22.6%spending with revenue at 25%and a negative cash balance. 65 66 572 Common Council April 15, 1991 Page 2 1 Ms. Sweet informed the Council that the County Treasurer was now advancing funds sooner and the City 2 did receive an advance on March 21, 1991 and will receive another one this Thursday. 3 4 Ms. Sweet reported on the County's Excess Levy Fund and that the fund has a balance of 452,000.00 being 5 the first time since 1980 that the fund has a balance. 6 7 Ms. Merchanthouse presented the Council a written report on the activities and financial status of the Human 8 Services Office for the first quarter. She also furnished the members of Council with the 1991 Information 9 and Referral Directory. 10 11 REPORTS FROM OTHER OFFICES 12 13 None were presented. 14 15 REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY 16 17 Councilmember Elstro asked if response had been received from the railroad and Mr. Metzger said he had 18 not received anything. 19 20 Councilmember Paust brought up the stationary stop sign at 16th and E and that he disagreed with the 21 Traffic Division regarding the height. He said it might be regulation, but it is still at a very high angle and 22 wanted it looked at and corrected. 23 24 Councilmember McBride asked that the NW L Street crossing be blacktopped and Mr. Smith will address that 25 request. 26 27 Councilmember Parker asked about the intersection of Toschlog and National Road and Mr. Wiwi said he 28 had called the State as late as today with no response. He said he was informed earlier that they had 29 completed a review and would make a written recommendation, but he has not received it. 30 31 REPORTS FROM SPECIAL COMMITTEES 32 33 None were presented. 34 35 REPORTS FROM STANDING COMMITTEES 36 37 Reid Hospital 38 39 Councilmember Brookbank reported on the Service Recognition dinner for Reid Hospital and that the 40 Ambassador of the Year was Kelly Balthis, age 19. 41 42 REPORTS FROM SPECIAL COUNCIL COMMITTEES 43 44 Telecommunications Council 45 46 Councilmember Elstro reported that he had attended a meeting of the Telecommunications Council for 47 negotiations with TCI for a Franchise Agreement. He said the members of this Council are really dedicated 48 people and he was proud of the job they were doing. 49 50 MISCELLANEOUS BUSINESS 51 52 Council Comments or Complaints 53 54 Councilmember Parker presented photographs of sidewalks needing repair to Mayor Waltermann to forward 55 to the Street Division. 56 57 Councilmember Brookbank reported she had been to a meeting regarding the food festival (Pig Out '91) to 58 be held at the South lath Street Park on May 24th and 25th. She said several vendors have been secured 59 to participate and entertainment will be available. 60 61 Councilmember Elstro said he was under the impression that residents of the SW G Street area would be in 62 attendance tonight regarding work in that area, but since they were not in attendance he would get back with 63 them. 64 65 Councilmember Lundy asked about the water standing at North 10th and F Streets. 66 573 Common Council Minutes Cont'd April 15, 1991 Page 3 1 Mr. Smith addressed Council regarding their questions and informed Councilmember Elstro that they would 2 be widening both sides of SW G Street for parking and will pave it. He told Councilmember Lundy that the 3 water problem at North 10th and F is difficult to resolve, but they are working on it. 4 5 Mr. Wiwi added that the problem is no storm sewer is close. He said he would speak with Rumpke again 6 regarding run off water, but felt the solution was the placement of a storm sewer. 7 8 Councilmember Lundy said the water is causing a hole in the newly paved street and Mr. Wiwi said they 9 would look at the situation and maybe could raise it temporarily to help with the problem. 10 11 RESOLUTIONS 12 13 None were presented. 14 15 1 ORDINANCES 16 17 ORDINANCES ON FIRST READING 18 19 Councilmember Morris moved to suspend the rules and read on first reading by title only Ordinances No. 20 17, 18, 19-1991, seconded by Councilmember McBride and on unanimous voice vote the motion was 21 carried. 22 23 ORDINANCE NO.17-1991 • 24 25 The Clerk read on first reading by title only Ordinance No. 17-1991 - AN ORDINANCE AMENDING 26 CHAPTER 154 OF THE MUNICIPAL CODE, BEING ORDINANCE NO. 2325-1968, COMMONLY KNOWN 27 AS THE ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA, PROVIDING FOR THE 28 REZONING OF PROPERTY LOCATED AT 13105, 3135 AND 3138 UNION PIKE FROM R-1 SINGLE 29 FAMILY RESIDENCE DISTRICT TO M-2 GENERAL INDUSTRIAL DISTRICT. 30 31 President Hutton assigned Ordinance No. 17-1991 to the Plan Commission for public hearing and 32 recommendation. 33 34 ORDINANCE NO.18-1991 35 36 The Clerk read on first reading by title only Ordinance No. 18-1991 - AN ORDINANCE AMENDING 37 CHAPTER 154 OF THE MUNICIPAL CODE, BEING ORDINANCE NO. 2325-1968, COMMONLY KNOWN 38 AS THE ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA PROVIDING FOR THE 39 I REZONING OF PROPERTY LOCATED AT 911 SOUTH L STREET AND 1227 SOUTH 9TH STREET 40 FROM R-3 ONE TO EIGHT FAMILY RESIDENCE DISTRICT TO C-2 COMMERCIAL DISTRICT. 41 42 President Hutton assigned Ordinance No. 18-1991 to the Plan Commission for public hearing and 43 recommendation. 44 45 TRANSFER ORDINANCE NO.19-1991 46 47 The Clerk read on first reading by title only Transfer Ordinance No. 19-1991 - AN ORDINANCE TO 48 TRANSFER WITHIN THE LOCAL ROAD AND STREET FUND. 49 50 Councilmember Morris moved to suspend the rules and move Ordinance No. 19-1991 to second reading, 51 seconded by Councilmember McBride and on unanimous voice vote the motion was carried. 52 53 The Clerk read Ordinance No. 19-1991 on second reading. 54 55 President Hutton announced the ordinance was on public hearing. 56 57 President Hutton inquired of Mr. Wiwi what projects were finished that had excess funds to be transferred 58 and Mr.Wiwi said the TIF project were the main ones finished. 59 60 Councilmember Parker asked what would be accomplished by the engineering study on the bridge and Mr. 61 Wiwi said they need an analysis to know what needs to be done to the deck of the Twentieth Century Bridge. 62 He said they would remove the asphalt on the approaches and repair. Mr. Wiwi said the County had 63 repaired the bridge in 1980. 64 65 Councilmember Morris asked Mr. Wiwi to elaborate on the responsibilities of the City and County regarding bridges. 574 April 15, 1991 Page 4 1 Mr. Wiwi said the agreement is for the City to do the approaches and the County to take care of the part of 2 the bridge over the water. 3 4 Councilmember Morris said it sounds like the City is paying for a portion of the County's responsibility. 5 6 Mr. Paust commented on the South G Street Bridge and asked that consideration be given to the automatic 7 turn signal from Hub Etchison onto the Bridge be set on flasher except when needed to control traffic. 8 9 Mr.Wiwi said he would discuss this matter with the Traffic Division. 10 11 Mayor Waltermann commented to the Council that he felt the entire structure of the Twentieth Street Bridge 12 should be considered a bridge. He said the County only wants the responsibility of the portion over the river, 13 but he felt the bridge began and ended with solid ground. Mayor Waltermann said in 1951 the railroad 14 participated in the construction of the bridge, but since the City had no Cumulative Bridge Fund,the County 15 should be responsible for any of the structure after it leaves solid ground. 16 17 Councilmember McBride asked about a rail on the south side of the bridge that had not been replaced and 18 Mr. Wiwi said there was not enough area to hold it in place. He further explained that the Sheridan Street 19 approach was considered a separate bridge. He said the east side of the bridge would be a major expense, 20 but he did not want an unsafe bridge and the State has indicated it should be worked on in 1991. 21 22 There being no further comments, Councilmember Elstro moved for engrossment, seconded by 23 Councilmember Brookbank and on unanimous voice vote the motion was carried. 24 25 Councilmember Elstro moved to suspend the rules and move Ordinance No. 19-1991 to third and final 26 reading and read by title only, seconded by Councilmember McBride and on unanimous voice vote the 27 motion was carried. '28 29 The Clerk read Ordinance No. 19-1991 on third and final reading by title only. 30 31 Ordinance No. 19-1991 was adopted on the following call of the roll: 32 33 Ayes: Elstro, Lundy, Brookbank, Hankinson, McBride, Parker, Morris, Paust and Hutton (9) 34 Nays: None 35 36 ORDINANCES ON SECOND READING 37 38 ORDINANCE NO.6-1991 39 40 The Clerk read on second reading Ordinance No. 6-1991 -AN ORDINANCE AMENDING CHAPTER 154 OF 41 THE MUNICIPAL CODE BEING ORDINANCE NO. 2325-1968, COMMONLY KNOWN AS THE ZONING 42 ORDINANCE OF THE CITY OF RICHMOND, INDIANA PROVIDING FOR THE REZONING OF PROPERTY 43 LOCATED AT 906 NORTH I STREET FROM R-3 ONE TO EIGHT FAMILY RESIDENCE DISTRICT TO C-1 44 COMMERCIAL DISTRICT. 45 46 President Hutton announced the Ordinance was on continued public hearing for a decision by Mr. Lukacek 47 as to whether he needed the property to build his store. 48 49 Mr. Tony Lukacek informed the Council he would be needed the property to build his store and requested 50 the Council approve the rezoning. He said construction would start within the next month or two. 51 52 There being no further comments, Councilmember Elstro moved for engrossment, seconded by 53 Councilmember Brookbank and on unanimous voice vote the motion was carried. 54 55 Councilmember Morris moved to suspend the rules and move Ordinance No. 6-1991 to third and final 56 reading and read by title only, seconded by Councilmember McBride and on unanimous voice vote the 57 motion was carried. 58 59 The Clerk read Ordinance No. 6-1991 on third and final reading by title only. 60 61 Ordinance No.6-1991 was adopted on the following call of the roll: 62 63 Ayes: Elstro, Lundy, Brookbank, Hankinson, McBride, Parker, Morris, Paust and Hutton (9) 64 Nays: None 65 575 Common Council Minutes Cont'd April 15, 1991 Page 5 1 APPROPRIATION ORDINANCE NO.15-1991 2 3 The Clerk read on second reading Appropriation Ordinance No. 15-1991 - AN ORDINANCE TO 4 APPROPRIATION WITHIN THE CUMULATIVE CAPITAL DEVELOPMENT FUND. 5 6 The Proof of Publication was presented and found to be in order. Councilmember Brookbank moved to 7 accept and file the Proof of Publication, seconded by Councilmember Hankinson and on unanimous voice 8 vote the motion was carried. 9 10 President Hutton announced the ordinance was on public hearing. 11 12 There being no comments, Councilmember Brookbank moved for engrossment, seconded by 13 Councilmember Paust and on unanimous voice vote the motion was carried. 14 15 Councilmember Elstro moved to suspend the rules and move Ordinance No. 15-1991 to third and final 16 reading and read by title only, seconded by Councilmember Brookbank and on unanimous voice vote the 17 motion was carried. 18 19 The Clerk read Ordinance No. 15-1991 on third and final reading by title only. 20 21 Ordinance No. 15-1991 was adopted on the following call of the roll: 22 23 Ayes: Elstro, Lundy, Brookbank, Hankinson, McBride, Parker, Morris, Paust and Hutton (9) 24 Nays: None 25 26 ORDINANCE NO.16-1991 27 28 The Clerk read on second reading Ordinance No. 16-1991 - AN ORDINANCE CONCERNING FACT 29 FINDING FOR THE CITY OF RICHMOND. 30 31 The Proof of Publication was presented and found to be in order. Councilmember Morris moved to accept 32 and file the Proof of Publication, seconded by Councilmember McBride and on unanimous voice vote the 33 motion was carried. 34 35 President Hutton announced the ordinance was on public hearing. 36 37 Mr. Walt Chidester, Attorney at Law, representing the Common Council, stated he was present to answer 38 questions regarding the ordinance. 39 40 President Hutton said that Mr. Chidester and Mr. Metzger had prepared the ordinance. 41 42 Councilmember Morris asked Mr. Chidester for a summary of the ordinance and Mr. Chidester reminded 43 Council that the previous fact finding ordinance required a 2/3 vote of Council to overturn the decision of the 44 fact finders and the present ordinance now calls for approval of the fact finders decision by a majority vote. 45 46 Speaking in opposition was Mr. Mark Smith representing the Fraternal Order of Police. Mr.Smith stated that 47 after meeting with Mr. Metzger and reviewing both ordinances he proposed that previous ordinance be kept 48 and the final paragraph changed to include the language regarding the majority vote of Council. 49 50 Mr. Smith said the ordinance as proposed throws the final decision back and forth between Council and the 51 fact finders without final resolve and he did not feel this was necessary. 52 53 Mr. Smith commented that there probably would never be a need for this ordinance, but he felt it would be 54 nice to have one in place. Mr. Smith said he did not feel there was a need for a new ordinance, but rather 55 the amendment to the previous ordinance and that Mr. Metzger agreed this change would address the legal 56 concerns with the previous ordinance. 57 58 59 Mr. Smith said he felt if Council turned down the opinions of the fact finders, then it should be the responsibility of Council to settle the contract issues, not for the unresolved issues to go back to the fact 60 finders. 61 62 Mr. Smith recommended the ordinance be rejected and the proper changes be made in the prior ordinance. 63 64 Mr. Chidester admitted this was a ping pong provision, but he felt with responsible officials it would not go 65 back and forth. He said this does allow Council a process to reject the recommendations of the fact finders. 9 57B Common Council Minutes Cont'd April 15, 1991 Page 6 1 Mayor Waltermann expressed his concerns regarding the ordinance. He stated that all members of the fact 2 finding panel should be residents of the City of Richmond, not just one of them. He also commented on 3 Section A and that the language alluded to this being a collective bargaining ordinance and he wanted it 4 clear this was only fact finding for existing organized groups. 5 6 Mayor Waltermann stated that the Council can only set wages and salaries for Police and Fire with the 7 working conditions being the responsibility of the executive and he felt this ordinance infringed on the rights 8 of the executive. Mayor Waltermann said that City budgets are so structured it would take immense time to 9 train fact finders in the tax structures of the City and he would foresee that other departments of the City . 10 would have to give up to fund what the fact finders could recommend. 11 12 Councilmember Paust said that two of the current bargaining units have been represented and there does 13 not seem to be agreement between the two units. He asked the Council take the time to work with all parties 14 involved on this ordinance. 15 16 Councilmember Morris asked that Mr.Smith prepare something for the Council to state his concerns. 17 18 President Hutton asked if Council would like to hold the ordinance on second reading and Councilmember 19 Paust said he would like it to go to Committee of the Whole for discussion and involvement of all parties. 20 21 Councilmember McBride asked Mayor Waltermann what would happen to the City if other departments 22 would organize for collective bargaining and Mayor Waltermann said the City would spend twelve months 23 trying to work on budgets to finance the outcome. 24 25 Councilmember Parker requested that Mr. Metzger also be involved in the Committee of the Whole. 26 27 President Hutton announced the Committee of the Whole to discuss fact finding would be on April 22, 1991 28 at 7 PM and she wanted the ordinance back for vote at the first meeting in May. 29 30 ORDINANCES ON THIRD READING 31 32 None were presented. 33 34 ADJOURNMENT 35 36 There being no further business, on a motion duly made, seconded and passed, the meeting was 37 adjourned. 38 39 40 41 42 43 Sarah Hutton, President 44 45 46 47 48 49 ATTEST: 50 Mary Merchanthouse, City Clerk 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66