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HomeMy Public PortalAbout08-07-1989 PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF RICHMOND. INDIANA, AUGUST 7, 1989 1 The Common Council of the City of Richmond, Indiana met in regular session August 7, 1989 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: WKBViWFMG, 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 JULY 17,1989 12 13 Councilmember Morris moved to approve the minutes of the previous meeting as prepared, seconded by 14 Councilmember Brookbank and on unanimous voice vote the motion was carried. 15 16 COMMUNICATIONS FROM THE MAYOR 17 18 Mayor Waltermann spoke of the State Board of Accounts Exit Conference for the 1988 audit of the City. He 19 said it was an excellent audit report and the auditors were so impressed with the City's new Fixed Assets 20 System that they would like to see it used as a prototype for other second class cities. 21 22 Mayor Waltermann told the Council that concrete and asphalt work was being done in several areas of the 23 City including the Downtown area, SW 15th and D, Barryfield, South E Street, Clear Creek Park and alleys in 24 the downtown. He also encouraged the Council to look at the new boat docks recently installed at the 25 Middlefork Reservoir. 26 27 Councilmember Brookbank commented on the Exit Conference and the glowing reports on RP&L, and the 28 turn around in the Airport and the Sanitary District. She said she was glad to have been a part of the 29 conference. 30 31 Councilmember Hankinson said he had also attended the conference and found it a most refreshing report. 32 33 Councilmember Elstro asked about the weeds along railroad right of way in the south end of town. He also 34 commented about the condition of the crossing on South L Street. 35 36 Ms. Janet McFarland, Vice President of the Board of Works, told Mr. Elstro his concerns would be 37 addressed at the next Board of Works meeting. 38 39 Councilmember McBride asked about the property on NW L Street with debris and junk and Ms. McFarland 40 said she was not familiar with the problem, but would investigate and discuss at the next Board meeting. 41 42 PRESENTATION OF REMONSTRANCES, PETITIONS AND MEMORIALS 43 44 None 45 46 REPORTS FROM CITY DEPARTMENTS 47 48 None were presented. 49 50 REPORTS FROM OTHER OFFICES 51 52 None were presented. 53 54 REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY 55 56 None was presented. 57 58 REPORTS FROM SPECIAL COMMITTEES 59 -- 60 Committee of the Whole 61 62 Councilmember Brookbank announced the Committee of the Whole would be meeting on August 15, and 63 August 16, 1989 at 6:45 PM to discuss the 1990 Budget. She added that if a third night was needed they 64 could meet again on August 17th. 65 970 Common Council Minutes Cont'd August 7, 1989 Page 2 1 Councilmember Elstro asked if other information would be available on the budgets and Ms. Sweet said she 2 would have a workbook prepared with prior year and year to date figures. 3 4 REPORTS FROM STANDING COMMITTEES 5 6 None were presented. 7 8 REPORTS FROM SPECIAL COUNCIL COMMITTEES 9 10 None were presented. 11 12 MISCELLANEOUS BUSINESS 13 14 KEN HENDRICKS-WHITEWATER VALLEY TREE SERVICE 15 16 Mr. Ken Hendricks addressed the Council regarding accusations made at the last Council meeting regarding 17 a property at 144 NW H Street being used as a firewood operation. Mr. Hendricks said his supervisor 18 resided at the property and the wood at the property was his. He said the wood will be removed except for 19 personal needs. Mr. Hendricks also said that a comment on Whitewater Valley Tree Service trucks having 20 Ohio plates was incorrect and there are no trucks in that neighborhood except the one driven home to lunch 21 by the supervisor. 22 23 TELECOMMUNICATIONS COUNCIL APPOINTMENT 24 25 The Council received a request from the Telecommunications Council to make a appointment to replace Mr. 26 Pat Carney,who had resigned since he was leaving the City. 27 28 President Hutton stated that it was necessary to make an appointment in a timely fashion and requested 29 consideration be given for an appointment at the next meeting of the Council. 30 31 BENCH BILLBOARD COMPANY_ 32 33 A representative from the Bench Billboard Company addressed the Council about their concerns over bus 34 benches throughout the community. He invited any complaints the Council might have on the benches. 35 36 Councilmember Elstro stated that he did not like the benches and felt they were not in accordance with the 37 sign ordinance. He said there are still some located on easements. 38 39 The company representative t_ild Council he had profile pictures of each bench to indicate they were on 40 private property. He said the company has been in business since 1961 and any are encroaching the right 41 of way they will be moved. He added that none are in residential areas. 42 43 Councilmember Elstro stated again that the benches were in violation of the sign ordinance and the 44 representative stated if they were not placed in residential areas and off city property, they are legal. He 45 also invited any complaints of the Council to be directed to him and he would assist. 46 47 RESOLUTIONS 48 49 Councilmember Morris moved to suspend the rules and read Resolutions No. 20,21,22 and 23-1989 by title 50 only,seconded by Councilmember Parker and on unanimous voice vote the motion was carried. 51 52 RESOLUTION NO.20-1989 53 54 The Clerk read by title only Resolution No. 20-1989 - A RESOLUTION TAKING FINAL ACTION TO 55 CONFIRM RESOLUTION NO. 11-1989. 56 57 The Proof of Publication was er,amined and found it to be in order. Councilmember Morris moved to accept 58 and file the Proof of Publicatior, seconded by Councilmember Brookbank and on unanimous voice vote the 59 motion was carried. 60 61 President Hutton announced th a Resolution was open for public hearing. 62 63 Speaking for the Resolution was Mr. Richard Freeman, Freeman Planning and Design at 33 South 9th 64 Street. Mr. Freeman explained to the Council that he was representing MP Realty Group and Wernle 65 Children's Home regarding the property on South L Street to be used for the construction of low to moderate 271 Common Council Minutes Cont'd July 17, 1989 Page 3 1 income housing. He stated that this resolution confirmed the prior resolution designating the area as an 2 Economic Revitalization Area. 3 4 There being no comment, Councilmember Elstro moved for adoption of Resolution No. 20-1989, seconded 5 by Councilmember Brookbank and d on unanimous voice vote the motion was carried. 6 7 Mr. Greg Merchanthouse, MP Realty Group, thanked the Council for their support of this project and invited 8 them to a ground breaking ceremony. 9 10 RESOLUTION NO.21-1989 11 12 The Clerk read by title only Resolution No. 21-1989 -A RESOLUTION APPROVING THE STATEMENT OF 13 BENEFITS APPLICATION OF CERTAIN FIRMS INSTALLING NEW MANUFACTURING EQUIPMENT 14 AND/OR CONSTRUCTION IMPROVEMENTS ON REAL ESTATE IN ECONOMIC REVITALIZATION 15 AREAS IN THE CITY OF RICHMOND, INDIANA. 16 17 Councilmember Parker informed the Council the applications did meet criteria and recommended adoption. 18 19 There being no further comment, Councilmember Elstro moved for adoption of Resolution No. 21-1989, 20 seconded by Councilmember Brookbank and on unanimous voice vote the motion was carried. 21 22 Councilmember Parker expressed some concerns for the Council in regards to tax abatement. He said the 23 criteria for abatement is based on job retention or creation, but he felt they should exercise caution about 24 how many abatements they approve. He explained that under the frozen levy, even if the City looses 25 population, the full amount of property taxes are still collected which means collecting more dollars from 26 fewer people. 27 28 Councilmember Parker suggested that tighter regulations might need to be investigated and if the 29 applications do not meet criteria by creating or retaining jobs in the truest sense they be denied. 30 31 RESOLUTION NO.22-1989 32 33 The Clerk read by title only Resolution No. 22-1989 -A RESOLUTION APPROVING THE SUBMISSION OF 34 AN APPLICATION TO THE STATE ENTERPRISE ZONE BOARD REQUESTING THAT A VACANT 35 INDUSTRIAL BUILDING BE DESIGNATED AS AN INDUSTRIAL RECOVERY SITE. 36 37 Mr. Dooley explained this would allow the filing of the application to the State Enterprise Zone Board for 38 Inventory Tax Credit to be allowed only on the building involved. 39 40 Councilmember Elstro asked if it affected the City and Councilmember Parker explained it does affect the 41 City, but it would help provide jobs where there is a lack of jobs. He stressed that his prior concerns were 42 only to make certain that the Council pay attention to tax abatement and make certain new jobs were being 43 created or jobs were retained. 44 45 Mr. Dooley further commented that all did agree with Councilmember Parker about needing specific criteria 46 and he will have this before Council shortly. 47. 48 Councilmember Hankinson asked if they felt the standards needed to be tightened and Councilmember 49 Parker indicated he did. 50 51 Councilmember Morris asked if the State developed standards and Mr. Dooley explained they only set 52 minimum standards and there is some local latitude available. 53 54 There being no further comment, Councilmember Morris moved for adoption of Resolution No. 22-1989, 55 seconded by Councilmember Parker and on unanimous voice vote the motion was carried. 56 57 RESOLUTION NO. 23-1989 58 59 The Clerk read by title only Resolution No. 23-1989 - A RESOLUTION OF THE COMMON COUNCIL OF 60 THE CITY OF RICHMOND, INDIANA, APPROVING AN ORDER OF THE RICHMOND CITY PLAN 61 COMMISSION APPROVING A CERTAIN DECLARATORY RESOLUTION AND REDEVELOPMENT PLAN 62 ADOPTED BY THE RICHMOND PLAN COMMISSION. 63 64 President Hutton explained the Resolution would be referred to the Plan Commission for hearing and 65 returned to the Council for final adoption. 972 Common Council Minutes Cont'd August 7, 1989 Page 4 1 Councilmember Morris announced the Plan Commission hearing would be on August 22, 1989. 2 3 ORDINANCES 4 5 ORDINANCES ON FIRST READING 6 7 Councilmember Elstro moved to suspend the rules and read Ordinances No.53,54,55,56,57, and 58-1989 8 on first reading by title only, seconded by Councilmember Morris and on unanimous voice vote the motion 9 was carried. 10 11 TRANSFER ORDINANCE NO.53-1989 12 13 The Clerk read on first reading by title only Ordinance No. 53-1989 - AN ORDINANCE TO TRANSFER 14 WITHIN THE GENERAL FUND (FINANCE DEPARTMENT). 15 16 Councilmember Morris moved to suspend the rules and move Ordinance No. 53-1989 to second reading, 17 seconded by Councilmember Parker and on unanimous voice vote the motion was carried. 18 19 The Clerk read Ordinance No.53-1989 on second reading. 20 21 President Hutton announced Ordinance No.53-1989 was on public hearing. 22 23 Speaking for Ordinance No. 53-1989 was City Controller, Marge Sweet. Ms. Sweet explained the transfer 24 was necessary for supplies for the rest of the year such as computer paper,quietus forms and checks. 25 26 There being no further ques,ions or comments, Councilmember Brookbank moved for engrossment, 27 seconded by Councilmember Morris and on unanimous voice vote the motion was carried. 28 29 Councilmember Morris moved to suspend the rules and move Ordinance No. 53-1989 to third and final 30 reading and read by title only, seconded by Councilmember Parker and on unanimous voice vote the motion 31 was carried. 32 33 The Clerk read Ordinance No.:_3-1989 on third and final reading by title only. 34 35 Ordinance No.53-1989 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.54-1989 41 42 The Clerk read on first reading by title only Ordinance No. 54-1989 - AN ORDINANCE AMENDING 43 CHAPTER 154 OF THE MUNICIPAL CODE BEING ORDINANCE NO. 2325-1968, COMMONLY KNOWN 44 AS THE ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA PROVIDING FOR THE 45 REZONING OF PROPERTY LOCATED IN THE 3400 BLOCK OF HODGIN ROAD, ON THE NORTH SIDE, 46 FROM R-1 SINGLE FAMILY RESIDENCE DISTRICT TO R-2 SINGLE FAMILY DISTRICT. 47 48 President Hutton announced the Ordinance was to be assigned to the Plan Commission for public hearing. 49 50 ORDINANCE NO.54-1989 51 52 The Clerk read on first reading by title only Ordinance No. 55-1989 - AN ORDINANCE AMENDING 53 CHAPTER 154 OF THE MUNICIPAL CODE BEING ORDINANCE NO. 2325-1968, COMMONLY KNOWN 54 AS THE ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA PROVIDING FOR THE 55 REZONING OF PROPERTY LOCATED IN THE 1700 BLOCK OF SOUTH G STREET, ON THE NORTH 56 SIDE, FROM R-2 SINGLE FAMILY RESIDENCE DISTRICT TO R-2 SU SINGLE FAMILY RESIDENCE 57 SPECIAL USE DISTRICT;AND ALSO AUTHORIZING THE SPECIAL USE OF SAID PROPERTY FOR THE 58 PLACEMENT OF A MANUFACTURED HOME. 59 60 President Hutton announced the Ordinance was to be assigned to the Plan Commission for public hearing. 61 62 Councilmember Morris asked why work was going on at this location prior to the rezoning and Mr. Dooley 63 said there would also be a modular home placed on an adjacent lot, but he would check it out. 64 65 Councilmember Elstro added tiat a footer had been poured and Mr. Dooley said they had issued a permit for a modular home. Common Council Minutes Cont'd August 7, 1989 !Page5 1 Councilmember Brookbank asked if the modular home fit the area and Mr. Dooley said it would. 2 3 TRANSFER ORDINANCE NO.56-1989 4 5 The Clerk read on first reading by title only Ordinance No. 56-1989 - AN ORDINANCE TO TRANSFER 6 WITHIN THE PUBLIC TRANSIT FUND (ROSE VIEW TRANSIT). 7 8 Councilmember Elstro moved to suspend the rules and move Ordinance No. 56-1989 to second reading, 9 seconded by Councilmember Hankinson and on unanimous voice vote the motion was carried. 10 11 The Clerk read Ordinance No.56-1989 on second reading. 12 13 President Hutton announced Ordinance No.56-1989 was on public hearing. 14 15 Speaking for Ordinance No. 56-1989 was Grants Administrator, Janet McFarland. Ms. McFarland told the 16 Council the transfer was to cover liability insurance and gasoline and was possible since there was additional 17 money in the salary line item. 18 19 There being no further questions or comments, Councilmember Hankinson moved for engrossment, 20 seconded by Councilmember Brookbank and on unanimous voice vote the motion was carried. 21 22 Councilmember Morris moved to suspend the rules and move Ordinance No. 56-1989 to third and final 23 reading and read by title only, seconded by Councilmember Brookbank and on unanimous voice vote the 24 motion was carried. 25 26 The Clerk read Ordinance No.56-1989 on third and final reading by title only. 27 28 Ordinance No.56-1989 was adopted on the following call of the roll: 29 30 Ayes: Elstro, Lundy, Brookbank, Hankinson, McBride, Parker, Morris, Paust and Hutton (9) 31 Nays: None 32 33 ORDINANCE NO.57-1989 34 35 The Clerk read on first reading by title only Ordinance No. 57-1989 - AN ORDINANCE FOR 36 APPROPRIATIONS AND TAX RATES(1990 BUDGET) 37 - 38 President Hutton announced the ordinance would be assigned to Committee of the Whole and be advertised 39 for public hearing. 40 41 ORDINANCE NO.58-1989 42 43 The Clerk read on first reading by title only Ordinance No. 58 -1989 - AN ORDINANCE VACATING A 44 CERTAIN PUBLIC WAY WITHIN THE CITY OF RICHMOND, INDIANA, BEING THAT PORTION OF AN 45 ALLEY RUNNING SOUTH OFF OF NORTH A STREET BETWEEN NORTH 15TH AND NORTH 16TH 46 STREETS. 47 48 President Hutton announced the ordinance would be assigned to the Plan Commission and be advertised for 49 public hearing. 50 51 ORDINANCES ON SECOND READING 52 53 ORDINANCE NO.49-1989 54 55 The Clerk read on second reading Ordinance No. 49-1989 - AN ORDINANCE AMENDING CHAPTER 154 56 OF THE MUNICIPAL CODE BEING ORDINANCE NO.2325-1968, COMMONLY KNOWN AS THE ZONING 57 ORDINANCE OF THE CITY OF RICHMOND, INDIANA PROVIDING FOR THE REZONING OF PROPERTY 58 LOCATED AT 102 SOUTH 18TH STREET FROM R-2 SINGLE FAMILY RESIDENCE DISTRICT TO R-2 SU 59 SINGLE FAMILY RESIDENCE SPECIAL USE DISTRICT; AND ALSO AUTHORIZING THE SPECIAL USE 60 OF SAID PROPERTY AS A MEDICAL OFFICE. 61 62 President Hutton announced the Ordinance was on public hearing. 63 64 Councilmember Morris informed the Council that the Plan Commission had recommended denial of the 65 rezoning. She explained that the special use is very specific and only allows for one doctor and they were told there would be two located there. She said that traffic in the area was also a major concern Common Council Minutes Cont'd August 7, 1989 Page 6 1 Councilmember Brookbank agreed that the corner was very dangerous and it was not a good location for 2 this type of business. 3 4 Councilmember Morris moved for engrossment of Ordinance No. 49-1989, seconded by Councilmember 5 Brookbank and on unanimous voice vote the motion was carried. 6 7 Councilmember Morris moved to suspend the rules and move Ordinance No. 49-1989 to third and final 8 reading by title only, seconded by Councilmember Brookbank and on unanimous voice vote the motion was 9 carried. 10 11 The Clerk read the ordinance on third and final reading by title only. 12 13 Ordinance No.49-1989 was deeated on the following call of the roll: 14 15 Ayes: None 16 Nays: Elstro, Lundy, Brookbank, Hankinson, McBride, Parker, Morris, Paust and Hutton (9) 17 18 APPOPRIATION ORDINANCE NO.51-1989 19 20 The Clerk read on second reading Appropriation Ordinance No. 51-1989 - AN ORDINANCE TO 21 APPROPRIATE WITHIN THE GENERAL FUND(LAW DEPARTMENT). 22 23 The Proof of Publication was examined and found to be in order. Councilmember Morris moved to accept 24 and file the Proof of Publication, seconded by Councilmember Brookbank and on unanimous voice vote the 25 motion was carried. 26 27 President Hutton announced the Ordinance was on public hearing. 28 29 Councilmember Parker asked Ms.Susan Silberstein if the attorneys had been hired and Ms. Silberstein said 30 some have been retained to work on individual cases. 31 32 Councilmember Elstro said he would like to know who is retained and settlements paid out and Ms. 33 Silberstein noted that all bills c:re public record and after they are approved they could be shared with the 34 _ Council. 35 36 I Councilmember Elstro said he would like to know where the money is going since there had been other 37 appropriations. 38 39 Mr. Kenneth Barden,former City Attorney,told the Council that the Law Department needed the contractural 40 services funds, and it had been the position of the Department not to make settlements public in order not to 41 encourage additional law suits. 42 43 Councilmember Elstro moved for engrossment of Ordinance No. 51-1989, seconded by Councilmember Hankinson and on unanimous voice vote the motion was carried. 44541 461 Councilmember Elstro moved to suspend the rules and move Ordinance No. 51-1989 to third and final 471 reading by title only, seconded by Councilmember Brookbank and on unanimous voice vote the motion was 48 carried. 49 50 The Clerk read the ordinance on third and final reading by title only. 51 52 Ordinance No.51-1989 was adopted on the following call of the roll: 53 54 Ayes: Elstro, Lundy, Brookban`., Hankinson, McBride, Parker, Morris, Paust and Hutton (9) 55 i Nays: None 56 57 1 ORDINANCE ON THIRD READING 58 59 None were presented. 60 61 ADJOURNMENT 62 63 There being no further busirr ass, on a motion duly made, seconded and passed, the meeting was 64 adjourned. 65 Sarah L. Hutton, President ATTEST: Mary Merchanthouse, City Clerk I R 1 I