HomeMy Public PortalAbout12-04-1989 PROCEEDINGS OF THE COMMON COUNCIL OF THE
CITY OF RICHMOND. INDIANA. DECEMBER 4. 1989
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1 The Common Council of the City of Richmond, Indiana met in regular session December 4, 1989 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 I 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:
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7 ( PLEDGE OF ALLEGIANCE
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9 SILENT DEVOTIONS
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11 APPROVAL OF MINUTES OF NOVEMBER 21.1989
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13 Councilmember Brookbank moved to approve the minutes of the previous meeting as prepared, seconded
14 by Councilmember McBride and on unanimous voice vote the motion was carried.
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16 COMMUNICATIONS FROM THE MAYOR
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18 Mayor Frank H.Waltermann introduced Mr. Bruce Metzger, City Attorney,to the Council. He added that Mr.
19 Metzger was now full time as City Attorney and was relocating to Richmond from Marion, Indiana.
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21 j Mayor Waltermann told the Council of the retirement of JoAnne Killion after 33 years of employment with the
22 City. He complimented her for her commendable service and stressed that she would be missed.
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24 Mayor Waltermann also announced a pilot program now being operated in the City with the recycling of
25 leaves. He said the program was being operated on ten acres of land at the Richmond State Hospital and
26 the end product would be composting material.
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28 Mayor Waltermann shared information with the Council regarding the property at 13/15 North 10th Street
29 that he was requested to investigate for possible purchase for additional parking in that area.
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31 Mayor Waltermann announced that he had met with the State regarding the Main Street Bridge and that Mr.
32 ' Dooley was setting up a public meeting to explain the intentions of the State Highway for either rehabilitation
33 !of the bridge or new construction.
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35 PRESENTATION OF REMONSTRANCES.PETITIONS AND MEMORIALS
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37 I Presentation of Portrait of Marion Williams
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39 President Hutton requested Councilmember Elstro to unveil a portrait in memory of Councilmember Marion
40 Williams. ' Councilmember Williams was the first black member of Council, the first black to serve as
41 President of Council and Chairman of the Richmond Power & Light Board of Directors. He was a twenty
42 year member of the Common Council.
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44 A member-of Councilmember Williams family thanked the Council for this great honor to her father.
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46 ; Councilmember Elstro commented that he was happy to see Councilmember Williams get permanent
47 recognition for his achievements and dedication to his district and this community.
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49 President Hutton stated that even when Councilmember Williams was not well, he never gave up helping
50 others.
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52 REPORTS FROM CITY DEPARTMENTS
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54 Finance Department
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56 ! City Controller Marge Sweet informed the Council that she had been to the final budget hearing on the 1990
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budget and the General Fund had been reduced by 327,672.00 and the Park Fund by 29,709. She said the
' reduction to the General Fund was from the Mayor's Capital Equipment Budget.
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60 Ms. Sweet said she would appeal for the property tax replacement credit and also appeal for excess levy
61 j based on an increase in the cost of fire hydrant rentals of over 10%.
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63 ! Councilmember Parker asked what the final total budget was and Ms. Sweet said she could only give the
64 i final figure on the tax levy and that was 6,272,654.00 and it would be late January before they have a final
65 I rate due to reassessment.
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Common Council Minutes Cont'd
December 4, 1989
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1 REPORTS FROM OTHER OFFICES
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3 None were presented.
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5 REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY
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7 Ms. Carrie Hauptstueck, President of the Board of Public Works and Safety, informed the Council that the
8 property at 430 South 14th was to be sold to Mr. Scott Gibson with a closing on December 5, 1989 and that
9 Ms. Clara Hall would then have two weeks to get her belongings out with repairs to be completed by April 1,
10 1990.
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12 Ms. Hauptstueck also reported that the Traffic Division had investigated the complaint of buses parked
13 around Southview Apartments and that one ticket had been issued and Richmond Schools contacted to get
14 them removed.
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16 Councilmember Elstro said he had spoken with Mr. Dooley about placing time restrictions on building
17 permits and if the work is not completed in the times lines,then the permit would have to be renewed.
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19 Councilmember Elstro also presented a memo he had received regarding the ballistic vests recently
20 purchased by the City for the Police Department and that the brand purchased was a fire hazard because of
21 the fibre content.
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23 Ms. Hauptstueck requested to see the memo and stated she would investigate the complaint
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25 REPORTS FROM SPECIAL COMMITTEES
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27 None were presented.
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29 REPORTS FROM STANDING COMMITTEES
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31 Reid Hospital
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33 Councilmember Brookbank reported that the Hospital Board had heard a presentation on Med-Loss a weight
34 loss program for high risk individuals. They had also had a demonstration on the Mobile MRI Unit.
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36 Plan Commission
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38 Councilmember Morris announced the Plan Commission would meet on December 19, 1989 due to the
39 Christmas Holidays. She reported that the Master Plan would be referred to the City Attorney for evaluation
40 on the two mile fringe jurisdiction and would be presented to the Council in January of 1990.
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42 REPORTS FROM SPECIAL COUNCIL COMMITTEES
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44 None were presented.
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46 MISCELLANEOUS BUSINESS
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48 Appointment to Board of Zoning Appeals
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50 Councilmember Elstro moved to appoint Mr. Jim Bonnie of 105 S.W. 3rd Street to fill the unexpired term of
51 Ms. Toby Werner on the Board of Zoning Appeals, seconded by Councilmember Parker and on unanimous
52 voice vote the motion was carried.
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54 Appointments to Wayne County Tourism Board
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56 Upon recommendation of the Wayne County Tourism Board, Councilmember Brookbank moved to appoint
57 Ms. Linda Von Pein representing the Travel Industry, Mr. David Runyon representing the Board of Directors
58 of the Richmond Area Chamber of Commerce and Mr. Mitchell Kaplan representing the Lodging Industry for
59 a two year term effective January 1,1990, seconded by Councilmember Morris and on unanimous voice vote
60 the motion was carried.
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62 Boston Pike Problems
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64 Mr. Dan Dooley reported to the Council that the Planning Department had sent a letter to Mr. Don Clark,
65 property owner where the junk is located and requested the property be cleaned up by the week after
66 Thanksgiving. Mr. Dooley said that very little has been done and he has spoken with the City Attorney
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Common Council
December 4, 1989
Page 3
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1 about prosecution to remedy this situation.
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3 He said he also contacted Mr. Hossman about a similar situation an that will also need to be pursued legally.
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5 Councilmember Elstro asked about the old garage across from St. Mary's Cemetery and Mr. Dooley said
6 they are located there on a non-conforming use and the only procedures the Planning Department can utilize
7 is to look at the time cars are allowed to remain parked on the property prior to repair. He added that this
8 property is not in the City limits and they would need to request the assistance of the County.
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10 RESOLUTIONS
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12 Councilmember Morris moved suspend the rules and read Resolution No.23-1989 by title only, seconded by
13 Councilmember Parker and on unanimous voice vote the motion was carried.
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15 RESOLUTION NO.29-1989
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17 The Clerk read by title only Resolution No. 23-1989 - A RESOLUTION OF THE COMMON COUNCIL OF
18 THE CITY OF RICHMOND, INDIANA, APPROVING AN ORDER OF THE RICHMOND CITY PLAN
19 COMMISSION APPROVING A CERTAIN DECLARATORY RESOLUTION AND REDEVELOPMENT PLAN
20 ADOPTED.BY THE RICHMOND REDEVELOPMENT COMMISSION.
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22 f Mr.James Kinnett, Economic Development Director, represented Resolution No. 23 and the amendments as
23 adopted by the Plan Commission. Mr. Kinnett explained that the amendments give Council total review of
24 I any project to be financed through Tax Increment Financing with first approval by Council and then to the
25 Redevelopment Commission for final approval. He said the amendments also attached a thirty (30) year
26 ` maximum time on TIF with a review at the end of five years for possible extension of the deadlines.
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28 ; Mr. Walt Chidester, Attorney at Law, representing the Common Council, told the Council he would
29 recommend approval of the Amended Resolution as presented. He confirmed the amendments did give
30 Common Council the approval prior to any bonding for TIF. He said there still needs to be some work,
31 j possibly with an additional ordinance,to insure that Council will have this control in the future as members of
32 I the Council and Redevelopment Commission change.
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34 Councilmember Parker asked if Council had approval of the bonds and projects both and the amendment
35 = reads, "....each project requiring tax increment proceeds will be scrutinized on a project by project basis and
36 must be approved by the Richmond Common Council prior to final commitment by the Commission."
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38 Mr. Chidester told the Council that for purposes of expediting the Resolution and not jeopardizing an
39 economic development project, he recommended adoption.
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41 I Mr. Kinnett told the Council that the five year renewal gives enough time to allow a history on a project and
42 I be able to base a decision on that history. He said that way between the project could be extended if it was
43 felt to be a good program.
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45 'Councilmember Morris stressed that to get security to sell bonds, it would be necessary to guarantee they
46 would be sold for twenty years.
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48 Councilmember Hankinson questioned the five year review and if that language was intended to be a review
49 I each and every five years.
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51 Mr. Kinnett said the amendment insures a review on the fifth anniversary.
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53 Mr. Chidester stated that the amendment does state a review on the fifth anniversary and prior conversation
54 I had been about a review every five years.
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56 f President Hutton announced she felt there were sufficient questions to hold the Resolution for two weeks.
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58 Mr. Chidester reminded the Council that in terms of what is best for commitments made to an economic
59 development project it might be advisable to pass the Resolution by December 18, 1989.
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61 i President Hutton requested specific questions from the Council be directed to Mr. Kinnett and Mr. Chidester
62 in order that the language can be worked out timely.
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64 Councilmember Hankinson requested to refer the Resolution to a Committee of the Whole meeting for further
65 'discussion and that he would like to see language regarding a review every five years.
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Common Council Minutes Cont'd
December 4, 1989
Page 4
1 President Hutton asked that the Committee of the Whole meet within the next week.
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3 Councilmember Elstro asked if the amendments were changed did it have to go back to Plan Commission
4 for approval and Councilmember Morris stated that the Plan Commission recommendation just states the
5 review on the fifth anniversary, but there might be room for different interpretation
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7 Councilmember Hankinson stated that he did not see the objective of rushing this through when the Council
8 was making a decision affecting such a long time period.
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10 Mr. Chidester expressed his concerns about delaying and the necessity to meet the commitments for Hills
11 Pet Food and Mr. Hankinson stated that he shared that regard, but the Council was still looking at a thirty
12 year commitment and he did net find two weeks unreasonable.
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14 Councilmember Brookbank set December 14, 1989 at 7 PM for the Committee of the Whole for further
15 discussion of Resolution No.23-1989.
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17 Councilmember Paust asked the Council to carefully read the proposed amendments and to remember that
18 bonds are sold for a twenty year period, not a thirty year. He stated that the Council should have specific
19 issues to discuss at the meetif:g since it would do no good to meet without knowing the concerns. He said
20 he concurred that the language needs to be corrected and suggested that Council pass on questions tonight
21 so the proper verbiage can be prepared.
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23 ORDINANCES
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25 ORDINANCES ON FIRST READING
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27 Councilmember Morris moved to suspend the rules and read Ordinances No. 81 and 82-1989 on first
28 reading by title only, seconded by Councilmember Brookbank and on unanimous voice vote the motion was
29 carried.
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31 ORDINANCE NO.81-1989
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33 The Clerk read on first reading by title only Ordinance No. 81-1989-AN ORDINANCE AUTHORIZING THE
34 CITY OF RICHMOND TO ISSUE ITS "ECONOMIC DEVELOPMENT REVENUE BONDS, SERIES 1989
35 (J.E. PARKER&CO. PROJECT)"AND APPROVING OTHER ACTIONS IN RESPECT THERETO.
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37 Mr. Kent Klinge, Attorney at Law, representing the Richmond Economic Development Commission, informed
38 the Council that this ordinance gives final approval to proceed with the sale of the bonds for Phase I of the
39 J.E. Parker Project with the final amount of the bonds for Phase I being $1,350,000.00
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41 Mr. Klinge explained to the Council that Congress had set limitations to the states on allocations of revenue
42 bonds and the approval for the bond sale will expire by December 18, 1989 therefore it is necessary to act
43 on this ordinance expeditiously.
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45 Mr. Klinge stated that Phase II of the project was set for 1990, but any bonds will be dependent on the
46 President signing a bill to extend the tax exempt status to the bond purchasers through September of 1990.
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48 Mr. Klinge told the Council that Phase I of the J. E. Parker Project will employ 60 persons and Phase II will
49 employ an additional 240 persons.
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51 The.Council was informed that the Economic Development Commission had adopted a Resolution in
52 support of the bond sale and found no adverse competitive impact for the community.
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54 Having heard the explanation of the project, Councilmember Elstro moved to suspend the rules and move
55 Ordinance No. 81-1989 to second reading, seconded by Councilmember Brookbank and on unanimous
56 voice vote the motion was carried.
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58 The Clerk read Ordinance No. 31-1989 on second reading.
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60 President Hutton announced Ordinance No. 81-1989 was on public hearing.
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62 There being no comment in support of or in opposition to Ordinance No. 81-1989, Councilmember Elstro
63 moved for engrossment, seconded by Councilmember Brookbank and on unanimous voice vote the motion
64 was carried.
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Common Council Minutes Cont'd •
December 4, 1989
Page 5
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1 f Councilmember Morris moved to suspend the rules and move Ordinance No. 81-1989 to third and final
2 I reading and read by title only, seconded by Councilmember Brookbank and on unanimous voice vote the
3 i motion was carried.
4
5 ;The Clerk read Ordinance No. 81-1989 on third and final reading by title only.
6
7 Ordinance No.81-1989 was adopted on the following call of the roll:
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9 Ayes:- Elstro, Lundy, Brookbank, Hankinson, McBride, Parker, Morris, Paust and Hutton (9)
10 Nays: None
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12 ORDINANCE NO. 82-1989
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14 !he Clerk read on first reading by title only Ordinance No. 82 -1989 - AN AMENDING ORDINANCE NO.
15 44-1989 (1990 SALARY ORDINANCE FOR THE CITY OF RICHMOND, INDIANA FOR THE FISCAL YEAR
16 BEGINNING JANUARY 1, 1990 AND ENDING DECEMBER 31, 1990.)
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18 Representing Ordinance No. 82-1989 was Mr. Robert Wiwi, Director of Public Works. Mr.Wiwi informed the
19 Council that he was requesting the change in the salary ordinance for the position of Designer. He said that
20 he would like the classification changed from a PAT III to a PAT II and the duties and responsibilities of the
21 position warrant the classification change.
22
23 Councilmember Elstro asked how many employees were in the Engineer Department and Mr. Wiwi said
24 there were two full time and one part time. He said the funds were also in place for the classification change
25 'for 1990.
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27 Ms. Sweet told the Council that the changes should have been made in the 1990 ordinance and it was
28 j merely an oversight that it was not upgraded.
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30 Mr. Dan Dooley, Planning Director, also spoke for the Ordinance. He explained that the ordinance also
31 involved two inspectors in his department whose duties have changed and they need to be reclassified from
32 i PAT III to PAT II. He said the two inspectors are now acting as building inspectors and have taken schooling
33 and training and continuing their education. Mr. Dooley added that this was to have been done in the original
34 salary ordinance and that the funds are in place for 1990.
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36 I Councilmember Elstro clarified that the inspectors in questions were originally for blight and nuisances and
37 ;Mr. Dooley said that was correct, but with the amount of new construction in the community they have a
38 need for additional building inspectors. Mr. Dooley said that the two inspectors for blight and nuisance have
39 I now had to add most furnace and water heater inspections. Mr. Dooley told the Council he could use
40 I additional staff to meet the demands for various inspections including blight and nuisances.
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42 Councilmember Elstro asked if the Planning Department considered blight and junk cars as a secondary
43 I importance and Mr. Dooley said that in terms of liability, new construction is the priority.
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45 Councilmember Hankinson asked how a 3,000.00 mistake could have been made in these salaries and Ms.
46 I Sweet said there was no dollar mistake that the funds had been budgeted, but the classifications had not
47 ;been updated to allow the budgeted salary to be paid.
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49 f'Councilmember Paust asked for additional information on the schooling of the inspectors and if it was
50 I sufficient to protect the City from liability.
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52 j Mr. Dooley said he has been phasing the inspectors into additional responsibility only when they were ready.
53 ! He said they have logged over 200 inspections with the senior inspectors, have completed a 40 hour course
54 through the University of Wisconsin for commercial electrical inspections and have 19 credit hours at IVY
55 ,TECH. He said they are certified for electrical inspections and are now working on being certified for
56 I plumbing inspections.
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58 ;Mr. Dooley said they have also taken 90 classroom hours that have been offered by the State Building Office
59 'and will be attending classes at the University of Wisconsin in January. Mr. Dooley reminded the Council
60 that the building codes now change every three years and the state is now hitting hard on training.
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62 Councilmember Morris moved to suspend the rules and move Ordinance No. 82-1989 to second reading,
63 I seconded by Councilmember Paust and on unanimous voice vote the motion was carried.
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65 1 The Clerk read Ordinance No. 82-1989 on second reading.
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Common Council Minutes Cont'd
December 4, 1989
Page 6
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1 President Hutton announced the ordinance was on public hearing.
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3 There was no one additional speaking for or against the ordinance.
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5 There being no further public comment, Councilmember Hankinson moved for engrossment of Ordinance
6 No. 82 -1989, seconded by Councilmember Brookbank and on unanimous voice vote the motion was
7 carried.
8
9 Councilmember Morris moved to suspend the rules and move Ordinance No. 82-1989 to third and final
10 reading and read by title only, seconded by Councilmember Parker and on unanimous voice vote the motion
11 was carried.
12
13 The Clerk read Ordinance No.82-1989 on third and final reading by title only.
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15 Ordinance No. 82-1989 was adopted on the following call of the roll:
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17 Ayes: Lundy, Brookbank, McBride,Parker, Morris, Paust and Hutton (7)
18 Nays: Elstro and Hankinson (2)
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20 ORDINANCES ON SECOND READING
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22 None were presented.
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24 ORDINANCE ON THIRD READING
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26 None were presented.
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28 ADJOURNMENT
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30 There being no further business, on a motion duly made, seconded and passed, the meeting was
31 adjourned.
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37 Sarah L. Hutton, President
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43 ATTEST:
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45 Mary Merchanthouse, City Clerk
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