HomeMy Public PortalAbout07-17-1989 26
PROCEEDINGS OF THE COMMON COUNCIL OF THE
CITY OF RICHMOND. INDIANA.JULY 17. 1989
1 The Common Council of the City of Richmond, Indiana met in regular session July 17, 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: 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 JULY 3,1989
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 Waltermann announced that there would be an alley clean up held on July 22, 1989 from South 8th to
19 10th Street South B to South E Street. He said this area had been identified by the Inspectors as needing
20 special clean up attention.
21
22 Mayor Waltermann encouraged the Councilmembers to attend the Indiana Cities and Towns Conference to
23 be held September 10th through the 14th and told them their attendance at conferences such as this were
24 imperative to know the governmental system.
25 E i
26 Mayor Waltermann said that he and City Controller Marge Sweet were working on the 1990 budget, but the
27 State of Indiana has not yet set the formulas to work within for the maximum levy.
28 y I
29 ¢ Councilmember Hankinson asked Mayor Waltermann for an explanation of the City's participation in the
30 Townsend Center Project and Mayor Waltermann said this was a five year grant through the State of Indiana
31 for a Neighborhood Assistance Project to raise 50,000.00 annually and the City providing some match for
32 the project in the form of asphalting the parking area at a cost of approximately$15,000. He also explained
33 that Townsend Center was utilized by one of the City's housing projects as their community center. He said
34 the over 250,000. in funds to be invested in that area will come from City match, local donations and tax
35 incentives from the State.
36
37 Councilmember Hankinson questioned the expenditure with other streets in the area being bad.
38
39 It was also asked what was the plan for limb and brush pick up and Mayor Waltermann said there was a
40 truck out daily.
41
42 Councilmember Hutton commented that there was also a problem with contractors leaving messes and
43 expecting the City to pick up their messes.
44
45 Councilmember Elstro said he would like to go back to the old way and see everything tied in bundles,or be
46 responsible for your own disposal.
47
48 Mayor Waltermann said that bundles are being picked up and there are also the large 15 cubic yard
49 containers placed at the Sanitary District gates for week end dumping.
50
51 Councilmember Elstro said he still did not understand why the City was giving money to Townsend for that
52 project and Mayor Waltermann responded that the City wrote the grant for the project.
53
54 Councilmember Brookbank stated that the brush it totally out of control and people should be made to
55 understand that it will not be hauled if it is not bundled properly and maybe the Media could assist.
56
111 57 Mayor Waltermann said the City does try to assist the public with the week end alley clean ups, but it is not
58 th responsibility of the City to do private hauling.
59
60 Councilmember Elstro asked about the Star brick on South 6th and 7th Streets and since the City was going
61 to leave it in place,was there not intent to repair it.
62
63 Mayor Waltermann said the brick would not be removed, but he was not certain about being able to repair it.
64 •
65 Mr. Richard Sheets,730 South 6th,said the original project to remove the brick included curb repair and if
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Common Council Minutes Cont'd
July 17, 1989
Page 2
1 the bricks are not removed did that mean the curbs would not be repaired.
2
3 Mayor Waltermann said if this area is a priority project for curb repair as set by the Engineer and Street
4 Commissioner,then repairs will be done. He said no money was appropriated for the removal of the bricks
5 and curb repair since all bids received were more than the available funds.
6
7 Councilmember McBride asked how many chippers the City had in operation and Mayor Waltermann said
8 there were two available.
9
10 Councilmember McBride asked if some of the brush in the alley could be solved if the chippers were out in
11 the alleys and Mayor Waltermann said there was no manpower available for operation of the chippers on a
12 full time basis.
13
14 Mr. Ralph Willis, Manager of the Sanitary District, told the Council that the Sanitary District had ordered 12
15 additional large containers and stated that if the brush was placed in the containers they would be able to
16 chip it at the landfill. He added that people can be placed on the special container list by calling the District.
17
18 Mr. Willis said the Sanitary District is trying to get all the productivity they can from the manpower and
19 equipment they have available,but would like to see the citizens assume some responsibility.
20
21 Councilmember Morris asked if a press release could be prepared to notify the public of rules and where
22 containers are located.
23
24 Mr. Willis said they are working on a door to door handout with rules to be included. He said some of the
25 rules are outdated and arbitrary and they are trying to redo those.
26
27 Councilmember Morris added that most communities pay to have trash hauled.
28
29 Councilmember McBride commented that he had been past the Sanitary District and the bins out front were
30 full today.
31
32 Councilmember Lundy asked if she called today about special pick up of large items how long would the
33 wait be and Mr.Willis said it wt.3 normally two weeks.
34
35 Councilmember Paust commented on the large containers being left at the Civic Theater and how unsightly
36 they were in the downtown area.
37
38 Mr. Willis said they would normally be picked up within 24 hours, but there is no back up for the hook truck
39 that handles the containers and it is a problem.
40
41 Councilmember McBride asked about enforcement of the litter ordinance and Mr. Barden said his office filed
42 between 60 and 70 a month in court, but feels the 25.00 fine is not much of an incentive.
43
44 PRESENTATION OF REMONSTRANCES.PETITIONS AND MEMORIALS
45
46 None
47
48 REPORTS FROM CITY DEPARTMENTS
49
50 None were presented.
51
52 REPORTS FROM OTHER OFFICES
53
54 Law Office
55
56 Mr. Barden announced to the Council this would be his last meeting as City Attorney. He explained he had
57 accepted a job as Chief General Counsel for the City of Dayton,Ohio.
58
59 REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY
60
61 Mr. Barden reported that the Board had reset dates on two unsafe building hearings due to a problem with
62 the notice of hearing. They had approve a Battalion Chief appointment and requested a formal report on
63 clicking of Police Department radios.
64
65 Councilmember Elstro asked about news stands popping up in the south end and Mr. Barden said they
26
Common Council Minutes Cont'd
July 17, 1989
Page 3
1 cannot be denied, but can be reasonably restricted and they should file a list of locations and a certificate of
2 insurance.
3
4 Mr. Barden also reported that the problem of private bus benches had been referred to the committee
5 working on a new sign ordinance and that also there was a problem with the benches owned by the City
6 being located on private property making a distinction very difficult.
7
8 REPORTS FROM SPECIAL COMMITTEES
9
10 None were presented.
11
12 REPORTS FROM STANDING COMMITTEES
13
14 Reid Hospital
15
16 Councilmember Brookbank reported that the Hospital's financial statement showed a positive cash flow. She
17 said they viewed the new linear accelerator and the Hospital was now looking for two doctors.
18
19 REPORTS FROM SPECIAL COUNCIL COMMITTEES
20
21 None were presented.
22
23 MISCELLANEOUS BUSINESS
24
25 APPOINTMENT TO POLICE MERIT COMMISSION
26
27 Councilmember Lundy moved to appoint Rev. Larue Griffin as a member of the Police Merit Commission,
28 representing Clergy to fill an unexpired term, seconded by Councilmember Morris and on unanimous voice
29 vote the motion was carried
30
31 ZONING COMPLAINT ON NW H STREET-VIOLET NELSON
32
33 Ms. Violet Nelson, 116 NW H Street, told the Council of a suspected zoning violation on NW H Street
34 regarding Whitewater Valley Tree Service splicing wood in a residential area. She said the stacks of wood
35 were 7 ft. high and went from the house to the garage. -
36
37 Mr. Dan Dooley, Planning Director, commented that there was a problem and the people living there have
38 informed the Planning Department they will be installing a wood stove and the wood is for their use. Mr.
39 Dooley said the ordinance allows ample wood to be stored for one heating season and they will get the rest
40 moved.
41 TELECOMMUNICATIONS COUNCIL RESOLUTION NO.1-1989
42
43 The Council was presented Resolution No. 1-1989 of the Richmond Telecommunications Council asking for
44 funds to be placed under their control in the 1990 budget. Ms. Ann Hanes, President of Telecommunications
45 Council told the Councilmembers that it was important they have a basic operating budget since negotiations
46 for the Cable TV Franchise Agreement would be starting in 1990.
47
48 Councilmember Elstro asked what their budget was currently and Ms. Hanes said they have no budget, but
49 supplies, printing, etc. are furnished through the Board of Works budget and the Clerk's Office and many
50 times funds are not available.
51
52 Councilmember Parker asked about the Franchise Fees and City-Controller Marge Sweet said the City
53 received 23,000. more than anticipated in 1989 and the fees go into the General Fund.
54
55 Ms. Sweet said part of the unanticipated revenue is set aside for WCTV Public Access channel and if the
56 Council desires a line item can to into Board of Works for Telecommunications Council.
57
58 Councilmember Elstro moved to put a budget line item into the Board of Works budget for
59 Telecommunications Council, seconded by Councilmember Morris and on unanimous voice vote the motion
60 was carried.
61
62 ADOLESCENT PREGNANCY TASK FORCE REPORT
63
64 Ms. Carol Hinshaw and Dr. Paul Rider reported to the Council on the final report of the Greater Richmond
65 Progress Committee on adolescent pregnancy in the Richmond area.
Common Council Minutes Cont'd
July 17, 1989
Page 4
1 Ms. Hinshaw told the Council the report was a three year compilation of efforts by a Task Force consisting of
2 83 persons representing all areas of the community. She said their purpose was to investigate, analyze and
3 suggest how to reduce the rate and instances of unattended pregnancies in adolescents. Ms. Hinshaw said
4 that 24 agencies were interviewed along with four school systems.
5
6 Ms. Hinshaw shared information regarding the sexual practices in the United States not being different than
7 other countries, but there was a wide difference in the pregnancy rate. She said Wayne County is above the
8 national, state and Marion County level with teen age pregnancies.
9
10 Ms. Hinshaw told of some of the problems of babies born to teen age mothers including premature birth.
11 She said the projections for Wayne County show that in the future we can expect 200 teens to get pregnant
12 annually and our failure to address the problem will reflect in additional cost to welfare and will hamper
13 economic development attempts for the community.
14
15 Ms. Hinshaw pointed out to the Council some graphics included in the final report presented to the Council
16 and expressed the concerns of the Task Force about needing a Teen Age Advocate position. She added
17 that Ms. Sandy Suman felt the City's Human Service Office might be a good place for that type of position
18 and the Task Force was not currently requesting funding from the Council, just asking them to study the
19 report and see what roll they can play in addressing the situation.
20
21 COMPLAINT ON HEALTH HAZARD-1428 Hunt Street
22
23 Mr. Kevin Kegley of 1436 Hunt Street expressed his concerns to the Council regarding the property at 1428
24 Hunt having, chickens, ducks, dogs, etc. and fleas getting in his home from these conditions. He said he
25 had reported these conditions to different agencies and had no response.
26
27 Mr. Dooley commented that zoning prohibits chickens and ducks in the city unless they were in existence
28 prior to 1968. He said the Planning Department would notify the owner they would have fourteen days to get
29 rid of the nuisance.
30
31 RESOLUTIONS
32
33 Councilmember Morris moved to suspend the rules and read Resolutions No. 17, 18 and 19-1989 by title
34 only,seconded by Councilmember Parker and on unanimous voice vote the motion was carried.
35
36 RESOLUTION NO. 17-1989
37
38 The Clerk read by title only Resolution No. 17-1989 - A RESOLUTION CONFIRMING RESOLUTION NO.
39 16-1989 DETERMINING THAT THE QUALIFICATIONS FOR AN ECONOMIC REVITALIZATION AREA
40 HAVE BEEN MET.
41
42 Mr. Barden examined the Proof of Publication and found it to be in order. Councilmember Morris moved to
43 accept and file the Proof of Publication, seconded by Councilmember Brookbank and on unanimous voice
44 vote the motion was carried.
45
46 There being no comment, Councilmember Hankinson moved for adoption of Resolution No. 17-1989,
47 seconded by Councilmember Brookbank and on unanimous voice vote the motion was carried.
48
49 RESOLUTION NO. 18-1989
50
51 The Clerk read by title only Resolution No. 18-1989 -A RESOLUTION APPROVING THE STATEMENT OF
52 BENEFITS APPLICATION OF CERTAIN FIRMS INSTALLING NEW MANUFACTURING EQUIPMENT
53 AND/OR CONSTRUCTION IMPROVEMENTS ON REAL ESTATE IN ECONOMIC REVITALIZATION
54 AREAS IN THE CITY OF RICHMOND, INDIANA.
55
56 Mr. Dooley reported that he, Mr. Barden, and Mr. Kinnett had met and determined that the State of Benefits
57 submitted do meet the guidelines and the recommended they be approved.
58
59 There being no further commert, Councilmember Hankinson moved for adoption of Resolution No. 18-1989,
60 seconded by Councilmember Brookbank and on unanimous voice vote the motion was carried.
61
62 RESOLUTION NO.19-1989
63
64 The Clerk read by title only Resolution No. 19-1989 - A RESOLUTION OF THE COMMON COUNCIL OF
65 THE CITY OF RICHMOND, INDIANA APPROVING THE APPLICATION SUBMITTED BY THE MAYOR OF
Common Council Minutes Cont'd
July 17, 1989
Page 5
1 RICHMOND REQUESTING INVENTORY TAX CREDIT UNDER I.C. 6-1.1-20.7 BE AVAILABLE TO THE
2 DEUTZ FACILITY SITE IN RICHMOND, INDIANA.
3
4 Mr. Dooley explained this would allow the Council to designate the building as an industrial recovery area
5 and approve a property tax credit as inventory tax making tenants eligible only on the increase of assessed
6 valuation for the one building.
7
8 There being no further comment, Councilmember Elstro moved for adoption of Resolution No. 19-1989,
9 seconded by Councilmember McBride and on unanimous voice vote the motion was carried.
10
11 ORDINANCES
12
13 ORDINANCES ON FIRST READING
14
15 Councilmember Elstro moved to suspend the rules and read Ordinances No. 50, 51 and 52-1989 on first
16 reading by title only, seconded by Councilmember Morris and on unanimous voice vote the motion was
17 carried.
18
19 TRANSFER ORDINANCE NO.50-1989
20
21 The Clerk read on first reading by title only Ordinance No. 50-1989 - AN ORDINANCE TO TRANSFER
22 WITHIN THE GENERAL FUND (LAW DEPARTMENT).
23
24 Councilmember Morris moved to suspend the rules and move Ordinance No. 50-1989 to second reading,
25 seconded by Councilmember Brookbank and on unanimous voice vote the motion was carried.
26
27 The Clerk read Ordinance No.50-1989 on second reading.
28
29 President Hutton announced Ordinance No.50-1989 was on public hearing.
30
31 Speaking for Ordinance No. 50-1989 was City Attorney, Ken Barden. Mr. Barden said the transfer was
32 necessary to cover additional expenses for ordinance violations.
33
34 There being no further questions or comments, Councilmember Hankinson moved for engrossment,
35 seconded by Councilmember Brookbank and on unanimous voice vote the motion was carried.
36
37 Councilmember Morris moved to suspend the rules and move Ordinance No. 50-1989 to third and final
38 reading and read by title only, seconded by Councilmember McBride and on unanimous voice vote the
39 motion was carried.
40
41 The Clerk read Ordinance No. 50-1989 on third and final reading by title only.
42 -2
43 Ordinance No.50-1989 was adopted on the following call of the roll:
44
45 Ayes: Elstro, Lundy, Brookbank, Hankinson, McBride, Parker, Morris, Paust and Hutton (9)
46 Nays: None
47
48 APPROPRIATION ORDINANCE NO.51-1989
49
50 The Clerk read on first reading by title only Ordinance No. 51-1989 -AN ORDINANCE TO APPROPRIATE
51 WITHIN THE GENERAL FUND (LAW DEPARTMENT).
52
53 President Hutton announced the Ordinance was to be advertised for public hearing.
54
55 Mr. Barden noted to the Council the appropriation was to cover legal fees on cases filed against the City
56 when there was no liability insurance available to the City.
57
58 Councilmember Parker asked if the amount was specific or anticipated and Mr. Barden said it was
59 anticipated for the balance of this year and would probably amount to 300,000.00 in the 1990 budget.
60
61 Councilmember Brookbank felt it was important to explain why there was no insurance coverage and Mr.
62 Barden stated it had been cancelled and not issued for certain classes of cities, not that the City had done
63 anything wrong,but rather many cities were forced to be without insurance.
64
65 Councilmember Parker asked what the premium would have cost the city if it had been available and Mr.
Barden said up to 45,000.00 annually,which was cheaper than doing-without insurance.
2.6
Common Council Minutes Cont'd
July 17, 1989
Page 6
1 ORDINANCE NO.52-1989
2
3 The Clerk read on first reading by title only Ordinance No. 52-1989 - AN ORDINANCE SETTING THE
4 SALARIES, WAGES AND POSITIONS FOR APPOINTED OFFICERS AND EMPLOYEES OF THE
5 RICHMOND SANITARY DISTRICT FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1990 AND ENDING
6 DECEMBER 31, 1990,AS ADOPTED BY THE BOARD OF SANITARY COMMISSIONERS.
7
8 Councilmember Morris moved to suspend the rules and move Ordinance No. 52-1989 to second reading,
9 seconded by Councilmember Brookbank and on unanimous voice vote the motion was carried.
10
11 The Clerk read Ordinance No.52-1989 on second reading.
12
13 President Hutton announced Ordinance No.52-1989 was on public hearing.
14
15 Speaking for Ordinance No. 52-1989 was Mr. Jerry Geier, President of the Board of Sanitary
16 Commissioners. Mr. Geier told the Council that the salaries had been reviewed by the Board and they feel
17 the increases are fair to the employees. He said the average increase was 5%.
18
19 Councilmember Morris asked if the positions in the Sanitary District had been evaluation in comparison to
20 city personnel and Mayor Waltermann said he had not had the time to make that evaluation, but was looking
21 into it.
22
23 Councilmember Morris commented that she would like to see the Sanitary Salary Ordinance in the same
24 format as the City's ordinance.
25
26 There being no further questions or comments, Councilmember Hankinson moved for engrossment,
27 seconded by Councilmember Brookbank and on unanimous voice vote the motion was carried.
28
29 Councilmember Morris moved to suspend the rules and move Ordinance No. 52-1989 to third and final
30 reading and read by title only, seconded by Councilmember Hankinson and on unanimous voice vote the
31 motion was carried.
32
33 The Clerk read Ordinance No.52-1989 on third and final reading by title only.
34
35 Ordinance No.52-1989 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 ORDINANCES ON SECOND READING
41
42 ORDINANCE NO.42-1989
43
44 The Clerk read on second reading Ordinance No. 42-1989 - AN ORDINANCE AMENDING CHAPTER 154
45 OF THE MUNICIPAL CODE BEING ORDINANCE NO.2325-1968, COMMONLY KNOWN AS THE ZONING
46 ORDINANCE OF THE CITY OF RICHMOND, INDIANA PROVIDING FOR THE REZONING OF PROPERTY
47 LOCATED ON THE NORTH SIDE OF DANA PARKWAY, IN THE 200 BLOCK, FROM M-2 GENERAL
48 INDUSTRIAL DISTRICT TO M-2 SU GENERAL INDUSTRIAL SPECIAL USE DISTRICT; AND ALSO
49 AUTHORIZING THE SPECIAL. USE OF SAID PROPERTY AS A MANUFACTURER'S OUTLET MALL
50 DEVELOPMENT UNIT PROJECT.
51
52 President Hutton announced the Ordinance was on public hearing, having been held at request of the
53 petitioner.
54
55 Mr. Robert Bever, Attorney at Law, representing the Petitioner, reminded the Council they had granted
56 preliminary approval last year and the Plan Commission recommended unanimous approval for the final
57 petition. Mr. Bever commenter that the Council was aware of the project and much support had been given
58 the project.
59
60 Councilmember Elstro asked men the project would start and a representative from the Engineering firm
61 indicated they would break ground in September.
62
63 Councilmember Morris moved for engrossment of Ordinance No. 42-1989, seconded by Councilmember
64 Brookbank and on unanimous voice vote the motion was carried.
65
Common Council Minutes Cont'd
July 17, 1989
Page 7
1 Councilmember Elstro moved to suspend the rules and move Ordinance No. 42-1989 to third and final
2 reading by title only, seconded by Councilmember Brookbank and on unanimous voice vote the motion was .
3 carried.
4
5 The Clerk read the ordinance on third and final reading by title only.
6
7 Ordinance No.42-1989 was defeated on the following call of the roll:
8
9 Ayes: Elstro, Lundy, Brookbank, Hankinson, McBride, Parker, Morris, Paust and Hutton (9)
10 Nays: None
11
12 ORDINANCE ON THIRD READING
13
14 None were presented.
15
16 ORDINANCES VETOED
17
18 ORDINANCE NO.45-1989
19
20 AN ORDINANCE ADOPTING A PROFESSIONAL NEGOTIATION AGREEMENT BETWEEN THE CITY OF
21 RICHMOND AND RICHMOND PROFESSIONAL FIREFIGHTERS, INC., LOCAL #1408 OF THE
22 INTERNATIONAL ASSOCIATION OF FIREFIGHTERS AFL-CIO, AND PROFESSIONAL FIREFIGHTERS
23 UNION OF INDIANA WHICH AGREEMENT WAS EFFECTIVE THE FIRST DAY OF JANUARY, 1988 AND
24 REMAINED IN FULL FORCE AND EFFECT UNTIL THE LAST DAY OF DECEMBER, 1989.
25
26 Councilmember Elstro moved to override the veto of Mayor Frank H. Waltermann on Ordinance No.
27 45-1989. Councilmember Hankinson seconded by motion to override the veto.
28
29 The veto was over ridden on the following call of the roll:
30
31 Ayes: Elstro, Lundy, Hankinsor, McBride, Parker and Hutton (6)
32 Nays: Brookbank, Morris and Faust (3)
33
34 Councilmember Brookbank expressed her concerns with Firefighters and retirees having to refund money to
35 the City for overpayment of wages and pensions with the override of the veto.
36
37 Councilmember Paust stated that there has been a lot of misunderstanding by the membership of Local
38 1408 and they have lost their 500.00 increase and will have to pay it back. He said negotiations for 1990 can
39 take place and he feels the Cite and Fire Department needs to sit down and solve the problems prior to 1990
40 negotiations or we will be in the same spot.
41
42 ADJOURNMENT
43
44 There being no further business, on a motion duly made, seconded and passed, the meeting was
45 adjourned.
46
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48
49
50 Sarah L. Hutton, President
51
52
53
54 ATTEST:
55
56 Mary Merchantho se, City Clerk
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