HomeMy Public PortalAbout03-18-1991 55 5
PROCEEDINGS OF THE COMMON COUNCIL OF THE
CITY OF RICHMOND. INDIANA, MARCH 18 . 1991
1 The Common Council of the City of Richmond, Indiana met in regular session on March 18, 1991 at the
2 hour 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: WKBV/WFMG, WHON/WQLK •
5 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 MARCH 4, 1991
12
13 Councilmember Brookbank moved to approve the minutes of the previous meeting as prepared, seconded
14 by Councilmember Paust and on unanimous voice vote the motion was carried.
15
16 COMMUNICATIONS FROM THE MAYOR
17
18 Mayor Frank Waltermann commented on the brochures included in the Council packets from the National
19 League of Cities Congressional Conference. He said that 5000 local elected officials were in attendance
20 and all concerned with cities and the lack of federal funds being returned to states and cities. Mayor
21 Waltermann told the Council that the newly elected Mayor of Washington, D.C. was a speaker at the
22 conference and was a wonderful speaker.
23
24 PRESENTATION OF REMONSTRANCES.PETITIONS AND MEMORIALS
25
26 None were presented.
27
28 REPORTS FROM CITY DEPARTMENTS
29
30 Councilmember Brookbank requested a report be given at the next Council meeting by the Human Services
31 Coordinator on the functions and finances of the office.
32
33 President Hutton requested this report be held until the first meeting in April and be included with a quarterly
34 report from all offices and departments specifically financial.
35
36 REPORTS FROM OTHER OFFICES
37
38 None were presented.
39
40 REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY
41
42 Ms. Hauptstueck reported that they were staying in touch with the State regarding Toschlog Road and
43 National Road and traffic problems on National and US 27, but have received no definite answers.
44
45 Councilmember Elstro asked about the South L Street railroad and Mr. Wiwi said he had spoken with the
46 Roadmaster, but they had taken no action. Mr. Wiwi said he had asked for a commitment to repair the
47 tracks, but they were only willing to put cold mix on the tracks. He informed the Council that CSX is selling
48 out and that is part of the problem.
49
50 Councilmember McBride asked if Mr. Wiwi could arrange for some asphalt to be placed on the NW L Street
51 spur and Mr.Wiwi said he would follow this up.
52
53 Councilmember Brookbank asked about the draft copy of a lease between the City and the UEA and if the
54 proposed office space was only for the UEA.
55
56 Ms. Hauptstueck said that it was for only UEA use for the term of the lease.
57
58 Councilmember Brookbank asked what if there was a change of administration and they did not want UEA to
59 be located in the City Building what would happen and Ms. Hauptstueck said the UEA had legal remedies
60 according to the lease.
61
62 President Hutton explained the City was obligated to provide space as an in kind match for a grant to the
63 UEA from the State and Ms. Hauptstueck said the Board was aware of that, but only recently learned the
64 match was 7,200.00 per year for two years. Ms. Hauptstueck said the Board had offered other alternatives
65 to the UEA rather than the Board of Works Room.
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Common Council
March 18, 1991
Page 2
1 Councilmember Brookbank said if the Council has differing opinions, they should notify the Board prior to
2 their Thursday meeting.
3
4 Councilmember Elstro commented that the grant from the State was not that big and Ms. Hauptstueck said it
5 was a 40,000.00 grant.
6
7 Councilmember Parker asked about Section 11 of the lease and the termination only being allowed by the
8 UEA with the City having to pay damages if they terminate the lease. He commented it did not seem like a
9 good lease.
10
11 Ms. Hauptstueck said if the City terminated the lease, they would be obligated to reimburse the UEA the
12 remodeling cost.
13
14 Councilmember Parker asked Mr. Metzger to comment on the lease and Mr. Metzger said he had prepared
15 the draft copy for Mr. Foley and Mayor Waltermann and had allowed compensation to the UEA if they were
16 forced out of the remodeled space before the lease terminates.
17
18 Councilmember McBride said he did not understand why the City would commit the next administration to
19 this arrangement.
20
21 Ms. Hauptstueck said the Board's concern was the City could not afford to pay for any of the remodeling
22 costs and they would not be able to afford the reimbursement for any of the remodeling in the future.
23
24 Councilmember Parker commented that this is the type of lease that not both sides were represented and Mr.
25 Metzger said the lease was between two governing entities and was unusual circumstances.
26.
27 Councilmember Parker asked when this decision had to be made and President Hutton said very quickly
28 since they had already received 20,000.00 of the grant money.
29
30 REPORTS FROM SPECIAL COMMITTEES
31
32 Councilmember Lundy reminded the Council of the Executive Session to be held on March 19, 1991 at 7:00
33 PM regarding lease or purchase of real property.
34
35 REPORTS FROM STANDING COMMITTEES
36
37 None were presented.
38
39 REPORTS FROM SPECIAL COUNCIL COMMITTEES
40
41 None were presented.
42
43 MISCELLANEOUS BUSINESS
44
45 Council Comments or Complaints
46
47 Roadway Adoption by Council
48
49 Councilmember Elstro spoke with Council regarding their adopting a portion of roadway to be responsible for
50 cleaning through the Chamber program.
51
52 Councilmember Brookbank moved for the Council to adopt a two mile portion of roadway to be responsible
53 for its cleaning,seconded by Councilmember Elstro and on unanimous voice vote the motion was carried.
54
55 Councilmember Elstro also expressed his concerns about getting the roadway from the City to the Municipal
56 Airport cleaned up and he asked that the City Planning and County Planning get together and get the area
57 cleaned up.
58
59 Hearing to Receive Public Input on Proposed Leaf and Grass Clipping Pick Up System
60
61 Street Division Manager,William Smith, addressed the Council, regarding modification of the current leaf pick
62 up program. He said with the City growing leaf pick up is a big job and during leaf season all other project
63 close down for leaf pick up. Mr. Smith said the length of time involved in the pick up of leaves also causes
64 problems getting ready for snow removal.
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5Po7.
Common Council Minutes Cont'd
March 18, 1991
Page 3
1 Mr. Smith further explained the current system was slow and costly averaging over 33,000.00 annually in
2 manpower and equipment use. Mr. Smith said they have been researching new and modern equipment and
3 will look at replacement of existing equipment as it wears out.
4
5 Mr. Smith proposed that leaves be placed in the gutter for pick up by the leaf vacs from October 1st through
6 November 15th of each year and that before and after those dates the leaves be bagged for curb side pick
7 up on Mondays and Tuesdays. He said if Monday was a holiday,then they would pick up on Tuesday and
8 Wednesday.
9
10 Mr. Smith explained this schedule would allow time for other projects to continue and to prepare the
11 equipment for snow removal. He said he leaf pick up service was not being taken away, only modified and
12 made more efficient and cost effective. Mr. Smith told Council he was open for any other suggestions, but
13 felt this program combination was very workable.
14
15 President Hutton said most of the calls she has received have been regarding being able to adjust the times
16 for gutter pick up dependent on when the leaves fall and Mr. Smith said the program can be adjusted to
17 when the leaves fall and he will get the word out to the citizens in a better fashion than in the past. Mr. Smith
18 said even if they adjust the dates,they would still like to stay with 45 days for gutter pick up.
19
20 Councilmember McBride asked if the pick up would be by zones and Mr. Smith said it would be and the
21 public would be notified properly.
22
23 Councilmember Morris clarified that before and after the 45 day gutter pick up the bagged leaves would be
24 picked up all over the city on Mondays and Tuesdays and Mr.Smith indicated that was correct.
25
26 Councilmember Morris asked if it were possible to cover the whole city in two days and Mr. Smith said they
27 would be able to with ten zones and ten trucks.
28
29 30
Councilmember Morris asked where the leaves would be taken and Mr. Smith said they would be delivered
to the City's compost site at the Richmond State Hospital.
31
32 Councilmember Lundy expressed concerns for senior citizens and the cost of bags and labor to get bags
33 filled and to the curb side and Mr. Smith said they would be able to secure the bags for.05 cents each and
34 he would hope family,friends etc.could assist with bagging if there was any difficulty.
35
36 Councilmember Brookbank spoke of one of her precincts mature and having lots of trees and would it be
37 possible to extend the pick up time in areas like that.
38
39 Mr. Smith said they could adjust to the season, but do need time for preparation for snow removal.
40
41 Councilmember Brookbank said this area needs more frequent pick ups and Mr. Smith reminded
42 Councilmember Brookbank the entire City had lots of trees and the leaf pick up is the biggest program he
43 operates. Mr. Smith said other things also need attention during the leaf season and this system will
44 address this need.
45
46 Councilmember Hankinson said that most of his calls were with regard to the time between November 15th
47 and December 1st and he felt during this time period, the Lord would take care of any snow that might fall,
48 but would not dispose of the leaves falling. He said he felt those fifteen days were crucial to continued gutter
49 pick up and he would like to see the time extended to December 1st.
50
51 Mr.Smith said the program would be flexible and the vacs would be used in the heaviest season.
52
53 Councilmember Parker asked if there would be an early fall and people rake their leaves into the gutter and
54 leave until October 1st would they be ticketed and if they rake late and leave them in the gutter will they just
55 be left there for them to bag and Mr.Smith said all would be notified of the last date for pick up in each zone.
56
57 Councilmember Parker said he had no problem having this system for those who want to bag their leaves,
58 but some people can't bag leaves due to age or amount of leaves and would they be able to rake them out
59 early and leave them.
60
61 Mr.Smith informed Council that causes major problems with storm sewers.
62
63 Councilmember Elstro said he would like to see cars removed from streets so the leaves could be picked up
64 without having to go around the cars.
65
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Common Council Minutes Cont'd
March 18, 1991
Page4
1 Mr. Smith said he hoped that better communications with the public would help that problem.
2
3 , Councilmember Lundy asked why the City could not burn leaves and if it were possible to get a waiver to do
4 so.
5
6 Mr. Metzger said that was not allowable because of EPA regulations.
7
8 Mr. Ralph Willis, Sanitary District Manager, told the Council that Wayne County was a non-attainable air
9 quality county and it is forbidden to burn anywhere in this county. He said even the Fire Marshall must get a
10 permit from the state for training and if we burned federal funds coming into the county would be cut out.
11
12 Mr. William Jeffries, 523 Northwood Drive, said he felt the city should wait until later to start leaf pick up and
13 that it was started too soon last year. He said he felt the system we currently use is working good if they
14 adjust the pick up times to the leaf season.
15
16 Ms. Elizabeth Woolmeyer, 5 South 27th Street, told Council she was in support of bagging leaves and felt
17 the other system was a mess and did cause sewer problems. She asked how people who could not bag
18 leaves would even be able to rake them to the gutter.
19
20 Mr. Lee Kellner, 2245 South B Street, told the Council he now pays more in taxes than it cost him, to
21 purchase his lots. He commented on not being allowed to mix leaves and brush and spoke of the wasted of
22 manpower and equipment when after the recent ice storm he witnessed four pieces of equipment with men
23 cleaning up what should have taken one truck and two men to do. Mr. Kellner also commented on the
24 containers placed at 21st Street by the Sanitary District for clean up from the ice storm and how costly it was
25 to place and haul away these containers. Mr. Kellner said he agreed the timing of the pick up is all wrong
26 and if leaves are not falling, equipment should not be sent out.
27
28 Mr. Kellner continued having to tie limbs and brush in four foot bundles and that it was not possible to bag
29 wet leaves. Mr. Kellner also asked why the regular trash crews could not notify the city when there was a
30 brush or leaf pile to be picked up.
31
32 Ms. Esther Kellner, 2245 South B Street, said she was concerned for people that cannot manage for
33 themselves. She many cannot afford bags and cannot bag leaves or bundle brush. Ms. Kellner also
34 addressed the advantages of having trees such as their purification of the air versus the cost of picking up
35 the leaves and how much it would cost us to not have trees.
36
37 Mr. Ben Kovach, 900 Mendleson Drive, said that leaves not picked up last winter became frozen in January
38 and it was a real mess. Mr. Kovach agrees that Sanitary crews should be able to notify of the need for a
39 special pick up. Mr. Kovach also suggested that the city consider converting 1/2 of its equipment for snow
40 removal during the end of the pick up season.
41
42 Mr. Edwin Hauk, 702 SW 15th Street, told Council it would take a lot of bags to bag the leaves in his yard.
43 He said the City used 80,000. in equipment and 1 and 1/2 hours to pick up his 80 ft.of leaves. Mr. Hauk said
44 he could have done it himself in one hour.
45
46 Mr. Willis addressed the Council regarding grass and brush pick up. He said that yard waste will not be
47 allowed to be put in the landfill this year and this will be mandated by the State of Indiana.
48
49 President Hutton asked if it would be accepted this spring and Mr.Willis said the Sanitary District will begin a
50 campaign to educate the public that grass should be left on the ground. He said they will have special
51 containers at the landfill for grass and brush,but more importantly will begin to educate on proper disposal.
52
53 Mr. Willis said this community does not provide any respect or cooperation and without cooperation and
54 public support recycling and other programs will not work. Mr. Willis said the Sanitary District will also
55 continue with the large containers until April and they are also assisting in pick up of brush and limbs. Mr.
56 Willis said they will publicize the proper disposal of grass clippings.
57
58 Councilmember Brookbank asked about such items as dead flowers and Mr. Willis said smaller containers
59 can be made available for neighborhoods for such items. .
60 .
61 Mrs.Amos Ballinger,3200 Avon Lane,said that last year she saw lots of insulation in the landfill and found it
62 offensive that the citizens could not put grass clipping in the landfill.
63 .
64 Mr. Emil Jeffries, 523 Northwood Drive, asked if the Sanitary District had a time study engineer and felt the
65 one man trucks were inefficient and the system was better with the old trucks.
rt
59
Common Council Minutes Cont'd
March 18, 1991
Page 5
1 Mr.Jerry Geier, President of the Board of Sanitary Commissioners,told Council the new trucks last as long
2 and cost the same as the old equipment and manpower was reduced from 120 to 80 employees allowing for
3 a savings in dollars.
4
5 Mr.Jeffries asked if Rumpke brought out of state trash to the landfill and President Hutton said they did, but
6 were charged a fee. She told the audience that the State was placing the mandates on the landfills
7 regarding no yard waste and the Sanitary District is now in the process of working out the details.
8
9 Mr. Robert Wiwi, Director of Public Works,spoke to clarify a point brought up earlier regarding the number of
10 Street Department employees and stated that there are fewer employees now than there ever were.
11
12 RECESS AND RECONVENE OF THE COUNCIL
13
14 RESOLUTIONS
15
16 Councilmember Morris moved to suspend the rules and read Resolutions No. 3 and 4-1991 by title only,
17 seconded by Councilmember Brookbank and on unanimous voice vote the motion was carried.
18
19 RESOLUTION NO.3-1991
20
21 The Clerk read by title only Resolution No. 3-1991 - A RESOLUTION AUTHORIZING THE CITY OF
22 RICHMOND TO MAKE FULL APPLICATION FOR AN INDUSTRIAL DEVELOPMENT INFRASTRUCTURE
23 PROGRAM GRANT, AND AUTHORIZING THE MAYOR TO SIGN AND SUBMIT SUCH APPLICATION TO
24 THE INDIANA DEPARTMENT OF COMMERCE, EXECUTE THE GRANT AGREEMENT AND TO EXPEND
25 THE GRANT FUNDS, IN ACCORDANCE WITH THE PROVISIONS OF THE GRANT AGREEMENT.
26
27 There being no discussion, Councilmember Hankinson moved for adoption of Resolution No. 3-1991,
28 seconded by Councilmember Brookbank and on unanimous voice vote the motion was carried.
29
30 RESOLUTION NO.4-1991
31
32 The Clerk read by title only Resolution No. 4-1991 - A RESOLUTION APPROVING THE STATEMENT OF
33 BENEFITS APPLICATION OF CERTAIN FIRMS INSTALLING NEW MANUFACTURING EQUIPMENT
34 AND/OR CONSTRUCTION IMPROVEMENTS ON REAL ESTATE IN ECONOMIC REVITALIZATION
35 AREAS IN THE CITY OF RICHMOND, INDIANA.
36
37 Councilmember Parker stated that the Tax Abatement Committee had met and the applications meet all
38 legal criteria.
39
40 Councilmember Brookbank asked where the real estate was located and Councilmember Parker said it was
41 the old PRC building.
42
43 There being no further discussion, Councilmember Morris moved for adoption of Resolution No. 4-1991,
44 seconded by Councilmember Hankinson and on unanimous voice vote the motion was carried.
45
46 ORDINANCES
47
48 ORDINANCES ON FIRST READING
49
50 Councilmember Morris moved to suspend the rules and read on first reading by title only Ordinance No.
51 10-1991,seconded by Councilmember Hankinson and on unanimous voice vote the motion was carried.
52
53 ORDINANCE NO.10-1991
54
55 The Clerk read on first reading by title only Ordinance No. 10-1991 - AN ORDINANCE GRANTING
56 PRELIMINARY APPROVAL TO A COMMERCIAL DEVELOPMENT UNIT PROJECT IN AN R-2 SINGLE
57 FAMILY RESIDENCE DISTRICT AND A C-2 COMMERCIAL DISTRICT ON PROPERTY LOCATED IN THE
58 3400 AND 3600 BLOCKS OF EAST MAIN STREET ON THE SOUTH SIDE, PURSUANT TO ARTICLES 45
59 AND 48 OF CHAPTER 154 OF THE CODE OF ORDINANCES, COMMONLY KNOWN AS THE ZONING
60 ORDINANCE OF THE CITY OF RICHMOND, INDIANA.
61
62 President Hutton assigned Ordinance No. 10-1991 to the Plan Commission for public hearing and
63 recommendation.
64
65 ORDINANCES ON SECOND READING
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Common Council Minutes Cont'd
March 18, 1991
Page 6
1 ORDINANCE NO.4-1991
2
3 The Clerk read on second reading Ordinance No.4-1991 -AN ORDINANCE AMENDING CHAPTER 154 OF
4 THE MUNICIPAL CODE, BEING ORDINANCE NO. 2325-1968, COMMONLY KNOWN AS THE ZONING
5 ORDINANCE OF THE CITY OF RICHMOND, INDIANA PROVIDING FOR THE REZONING OF PROPERTY
6 LOCATED AT 910, 912, AND 914 MENDLESON DRIVE FROM R-2 SINGLE FAMILY RESIDENCE
7 DISTRICT TO C-2 COMMERCIAL DISTRICT.
8
9 President Hutton announced a continued public hearing would be held this evening.
10
11 Councilmember McBride explained he had asked the Ordinance be held for public hearing because of a lack
12 of input from Green acres. He told Council he had requested Mr. Terry Jenkins of Green Acres to address
13 the issue.
14
15 Councilmember Brookbank asked those in the audience in opposition to please stand and Mr. Ben Kovach,
16 900 Mendleson Drive informed the Council that the persons represented nine homes.
17
18 President Hutton called for those speaking in favor and asked that only new evidence be presented at this
19 continued hearing.
20
21 Mr. Robert Burton, Attorney at Law, told Council that Thorson had made a commitment to add sidewalks
22 and the Indiana Department of Highways has approved their drainage plan.
23
24 Speaking against was Mr. Terry Jenkins, President of Wayne County Council on Retarded Citizens. Mr.
25 Jenkins told Council he was concerned for his clients at Green Acres and their Board was in opposition as a
26 whole.
27
28 Councilmember Elstro said he did not understand their point of view since they did manufacturing and had
29 truck in and out of Green Acres.
30
31 Mr.Jenkins told Council they have one truck leaving and coming once a day and receive drops from Disney
32 every couple of weeks.
33
34 Councilmember Morris asked if their driver was trained to watch for their clients on the road and Mr.Jenkins
35 said the person was trained and aware.
36
37 Councilmember McBride asked if there were complaints from the neighbors regarding the Green Acres truck
38 and Mr.Jenkins said there were none.
39
40 Mr. Forbes Dodge, manager,of Quality Inn and member of the Convention and Tourism Board, spoke
41 representing hoteliers. He said in the 2 and 1/2 he has been here, they are now only now able to sustain
42 themselves on a cash basis. He said the hotel business in the City of Richmond has been loosing over the
43 years and there needs to planned development in the hotel business. Mr. Dodge said that in 1991 over 1500
44 bankruptcies happened in the hotel industry. He said with this in mind, he did not feel there was a
45 demonstrated hardship to qualify them for rezoning.
46
47 Mr. Larry Madson, Thorson Development,told Council in defense of the hotel industry, that the Fairfield Inns
48 had an 80% occupancy rate and there were 63 rooms being planned for Richmond. He said the location is
49 ideal and they will put in a sidewalk and make a safer street. He said they did not feel it would create a traffic
50 problem.
51
52 There being no further discussion offered, Councilmember Elstro moved for engrossment, seconded by
53 Councilmember Brookbank and on unanimous voice vote the motion was carried.
54
55 Councilmember Elstro moved to suspend the rules and move.Ordinance No.4-1991 to third and final reading
56 and read by title only, seconded by Councilmember Hankinson and on unanimous voice vote the motion was
57 carried.
58
59 The Clerk read Ordinance No.4-1991 on third and final reading by title only.
60
61 Prior to vote, Councilmember Brookbank said she had been swaying back and forth for several weeks, but
62 believes the motel will improve the neighborhood.
63
64 Councilmember Elstro said he agreed with that and since they can't do a Planned Unit Development, the
65 area is growing and will go commercial.
66
Councilmember McBride questioned why Council would not take the recommendations of Plan Commission
to deny the rezoning as valid.
Common Council Minutes Cont'd
March 18, 1991
Page 7
1 Councilmember Hankinson informed Councilmember McBride that Plan Commission acts in an advisory
2 capacity to Council and Council has the right to disagree.
3
4 Ordinance No.4-1991 was defeated on the following call of the roll:
5
6 Ayes: Elstro, Brookbank,Hankinson and Paust (4)
7 Nays: Lundy, McBride, Parker, Morris, and Hutton (5)
8
9 ORDINANCE NO.6-1991
10
11 The Clerk read on second reading Ordinance No. 6-1991 - AN ORDINANCE AMENDING CHAPTER 154
12 OF THE MUNICIPAL CODE, BEING ORDINANCE NO. 2325-1968, COMMONLY KNOWN AS THE
13 ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA PROVIDING FOR THE REZONING OF
14 PROPERTY LOCATED AT 906 NORTH I STREET FROM R-3 ONE TO EIGHT FAMILY RESIDENCE
15 DISTRICT TO C-1 LIMITED COMMERCIAL DISTRICT.
16
17 President Hutton announced the ordinance had been held on public hearing for further input on the use of
18 the property.
19
20 Councilmember Lundy said she wanted to see the use for the property and had asked Mr. Lukacek,owner of
21 Tony's Pharmacy,to clarify his intended use of the property.
22
23 Mr. Lukacek told Council that he had been trying to purchase the property where he currently has his
24 business located for six or seven years and he now had a thirty day window for this purchase. He said if this
25 does not happen then he would build on the site where he is requesting the rezoning. Mr. Lukacek said he
26 is in a situation where he needs to ask Council if they would be able to table this issue for thirty days to allow
27 him to see what will develop.
28
29 30
Councilmember McBride moved to place Ordinance No. 6-1991 on the table until April 15, 1991, seconded
by Councilmember Morris and on unanimous voice vote the motion was carried.
31
32 ORDINANCES ON THIRD READING
33
34 None were presented.
35
36 ADJOURNMENT
37
38 There being no further business, on a motion duly made, seconded and passed, the meeting was
39 adjourned.
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45 Sarah Hutton, President
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51 ATTEST:
52 Mary Merchanthouse, City Clerk
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