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HomeMy Public PortalAbout07-03-1989 251 • PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA, JULY 3, 1989 1 The Common Council of the City of Richmond, Indiana met in regular session July 3, 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, Morris and Paust. Absent: 4 Parker. Representatives of the following media were in attendance: WKBV/WFMG, WHON/WQLK and 5 Palladium Item. The following business was had to-wit: 6 7 PLEDGE OF ALLEGIANCE 8 9 SILENT DEVOTIONS 10 11 APPROVAL OF MINUTES OF JUNE 19, 1989 12 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. 15 16 COMMUNICATIONS FROM THE MAYOR 17 18 Mayor Waltermann announced that the Department of Transportation had nominated Rose View Transit for 19 a State Governor's Award and also for a national award. 20 21 Mayor Waltermann commented on the Richmond Area Rose Festival and thanked the Park Department for 22 their special assistance along with other City Departments assisting. 23 24 Mayor Waltermann said the list of curb and sidewalk repairs as requested the past several years was 25 included in the Council packets. He said for every one not completed,ten had been completed since 1985. 26 27 Mayor Waltermann shared a letter from Lt. Governor Frank O'Bannon explaining some of the problems the 28 Indiana Department of Commerce has had giving assistance to local communities, such as the recent 29 problem the City of Richmond had trying to secure state assistance for the Hills Pet Food Products to locate 30 in Richmond. The Mayor added that in securing Hills for the community, all utilities worked diligently to help 31 in acquiring that project. 32 33 Mayor Waltermann stated that Hill's will be a tremendous addition to the community and he really 34 appreciated the private sector assistance and felt a lot of the decision to located in Richmond was the quality 35 of life available. 36 37 38 39 PRESENTATION OF REMONSTRANCES. PETITIONS AND MEMORIALS 40 41 None 42 43 REPORTS FROM CITY DEPARTMENTS 44 45 None were presented. 46 47 REPORTS FROM OTHER OFFICES 48 49 None were presented. 50 51 REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY 52 53 Mr. Barden announced that due to the length of the agenda, he would refer the Council to the minutes of the 54 meetings and be open for questions. 55 56 Councilmember Elstro asked about the bus benches that were being placed along sidewalks in the City and 57 Mr. Barden said this was a private company and the benches should be on private property with the owners --/ 58 permission. He said he has corresponded with the company regarding moving those on public right of way 59 and he is not aware of any on public property at this time. He asked the Council to report any of them on 60 public property to him. 61 62 Councilmember Elstro also commented on the unsafe property in the 400 block of South 14th and that he 63 was informed the owner had paid the back taxes and secured a loan for repairs, but nothing has been done. 64 He asked how long these items are allowed to drag on before action is taken. Councilmember Elstro said he 65 would also like to see feed back when he turns in a complaint. Common Council Minutes Cont'd July 3, 1989 - Page 2 1 Councilmember McBride returned to the bus benches and asked about the contract with the Football Hall of 2 Fame for advertising on the city owned benches. 3 4 Mr. Barden said the contract with the Hall of Fame was not exclusive and was only for City owned benches 5 in the public right of way. 6 7 Councilmember Paust asked why the benches did not fall under the sign ordinance and Mr. Barden said 8 they can make the determination they are billboards and treat as such, but reminded the Council the City 9 also has advertising on their benches. 10 11 Councilmember Paust stated that the Hall of Fame contract is a specific contract in the right of ways and the 12 other company is putting the benches any place they want and they do not always have permission to place 13 the benches. He said the number of benches has tripled recently and it is time to address the issue. He 14 said if they are not removed now, there could be a large number sitting in one area, similar to news racks. 15 Councilmember Paust said he wanted it stopped now by whatever means were necessary. 16 17 Mr. Barden commented that the City did remove some on public property when they first were locating in 18 Richmond, but now they represent to the City that they are on private property with the owners permission. 19 20 Councilmember Paust asked if the City needed an ordinance to address benches on private property and 21 Mr. Barden said he was not certain there could be a distinction made between the private benches and the 22 cities. He explained there was a committee of the Chamber working on an ordinance dealing with signage 23 and suggested this be incorporated into their suggestions, rather than doing something stop gap. 24 25 Councilmember Elstro said that he agreed with Councilmember Paust about not waiting on another 26 committee. He said the problem is the cities and we should handle it now. 27 28 Councilmember Hutton asked about car repairs going on at 120 SW G Street. 29 30 Mr. Barden said he has personally inspected the area and the City is unable to witness any illegal business 31 operations in the area, but he would request Planning to investigate the complaint and report at the next 32 Board of Works meeting. 33 34 Councilmember Elstro said he ;iad also received a call about this and it was reported to him there were two 35 trucks full of parts sitting at that address at 12:00 midnight. 36 37 Councilmember McBride askec,that the Board investigate property in the 1300 Block of N.W. L Street that is 38 full of abandoned vehicles and weeds. 39 40 Mr. Barden informed the Council that he does forward all complaints received from the Council to the 41 appropriate department requesting written responses and then includes any responses in the Council 42 packets. 43 44 Councilmember Morris, speaking from the Plan Commission's point of view, told the Council that the sign 45 ordinance was outdated and needed to be addressed in total. 46 47 48 REPORTS FROM SPECIAL COMMITTEES 49 50 None were presented. 51 52 REPORTS FROM STANDING COMMITTEES 53 54 Reid Hospital 55 56 Councilmember Brookbank reported that the Hospital's financial statement showed a positive cash flow. 57 She said they view the new linear excelerator and the Hospital was now looking for two doctors. 58 59 REPORTS FROM SPECIAL C:)UNCIL COMMITTEES 60 61 None were presented. 62 63 MISCELLANEOUS BUSINESS 64 65 hQ Common Council Minutes Cont'd July 3, 1989 Page 3 1 INDIANA CITIES AND TOWNS PRESENTATION 2 3 Mr. Tom Bredaway, Membership Services Director with Indiana Cities and Towns, spoke to the Council 4 about their participation in IACT activities and that the City has been a long time member of Cities and 5 Towns. He said TACT is governed by local officials and they provide technical assistance to communities, 6 round table discussion, a legislative program. Mr. Bredaway told the Council that governing a city now is 7 very complicated especially with federal guidelines which are coordinated through National League of Cities. 8 . 9 Mr. Bredaway announced the Annual Conference for Cities and Towns to be held September 10, 1989 10 through September 14, 1989 in Indianapolis. He said the main speak will be Housing and Urban 11 Development Secretary Jack Kemp. Mr. Bredaway shared a tentative schedule of events with the Council 12 and invited them to participate in the conference. 13 14 Councilmember Morris asked Mr. Bredaway to clarify for the Council, through his experiences with Cities 15 and Towns the impact that local fact finding has on cities. She also questioned the division of powers 16 between the legislative and executive branches. 17 18 Mr. Bredaway told the Council it was his job was to represent cities and to help them achieve what they 19 wanted to achieve. He said the collective bargaining issue was a hot issue that has sort of calmed down. 20 Mr. Bredaway said the issue was debated in the governor's election and TACT had met with the Governor 21 and the issue had been deferred for future action since the State was not properly prepared to enact 22 collective bargaining legislation. He said a Task Force has been set up in TACT to study the issue and to 23 help prepare members for such time as collective bargaining legislation is enacted by the State. 24 25 Mr. Bredaway said he was unaware of any local ordinances in the state regarding collective bargaining with 26 binding arbitration to be used in contract negotiations. He said within the last twelve months Muncie has tried 27 to enact local legislation, but was not successful. He added that no cities are dealing with collective 28 bargaining, but rather waiting for the next General Assembly session. 29 30 Councilmember Morris asked what impact collective bargaining with binding arbitration has on cities and Mr. 31 Bredaway did way he was not an impartial person, but felt the legislative branch was trying to tie their own 32 hands. He said binding arbitration does not encourage parties to come to agreement, but gives a reward for 33 staying apart in negotiations. He also said that bringing in an out of town arbitrator,that does not care about 34 the community, but can make decisions affecting the community is not a wise idea. 35 36 Councilmember Lundy commented that Mr. Bredaway had given a good presentation, but she would like to 37 hear the other side of the story. 38 39 Councilmember Elstro asked who invited Mr. Bredaway to address the Council. 40 41 Mr. Bredaway stated that he had spoken with Councilmember Morris on the telephone about the Annual 42 Conference and some labor issues and she had suggested he might address the Council. 43 44 RESOLUTIONS 45 46 ,Councilmember Brookbank moved to strike the existing Resolution No. 16-1989 from the agenda, seconded 47 i by Councilmember Morris and on unanimous voice vote the motion was carried. 48 49 Councilmember Brookbank moved to add a new Resolution No. 16-1989 to the agenda, seconded by 50 Councilmember Morris and on unanimous voice vote the motion was carried. 51 52 Councilmember Elstro moved to suspend the rules and read Resolutions No. 15 and 16-1989 by title only, 53 seconded by Councilmember Morris and on unanimous voice vote the motion was carried. 54 55 RESOLUTION NO.15-1989 56 57 The Clerk read by title only Resolution No. 13-1989 -A RESOLUTION AUTHORIZING THE FILING OF AN 58 OPERATING ASSISTANCE GRANT AND A CAPITAL ASSISTANCE GRANT UNDER SECTION 18 OF 59 THE URBAN MASS TRANSPORTATION ACT OF 1964,AS AMENDED. 60 61 It was explained th Resolution allowed for the filing of grants for the operating funds and capital assistance 62 funds for Rose View Transit. 63 64 There being no further comment, Councilmember McBride moved for adoption of Resolution No. 15-1989, 65 seconded by Councilmember Paust and on unanimous voice vote the motion was carried. ‘„)4‘ Common Council Minutes Cont'd July 3, 1989 Page 4 1 RESOLUTION NO. 16-1989 2 3 The Clerk read by title only Resolution No. 16-1989-A RESOLUTION DECLARING THE QUALIFICATIONS 4 FOR AN ECONOMIC REVITALIZATION AREA HAVE BEEN MET. 5 6 Mr. Barden explained this reclarifies the tax abatement resolution passed by the Council in 1984 and brings 7 it to current standards. 8 9 There being no further comment, Councilmember Brookbank moved for adoption of Resolution No. 16-1989, 10 seconded by Councilmember McBride and on unanimous voice vote the motion was carried. 11 12 ORDINANCES 13 14 ORDINANCES ON FIRST READING 15 16 Councilmember Elstro moved to suspend the rules and read Ordinances No. 48, and 49-1989 on first 17 reading by title only, seconded by Councilmember Morris and on unanimous voice vote the motion was 18 carried. 19 20 ORDINANCE NO.48-1989 21 22 The Clerk read on first reading by title only Ordinance No. 48-1989 - AN ORDINANCE AMENDING 23 CHAPTER 154 OF THE MUNICIPAL CODE BEING ORDINANCE NO. 2325-1968, COMMONLY KNOWN 24 AS THE ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA PROVIDING FOR THE 25 REZONING OF PROPERTY LOCATED IN THE 3400 BLOCK OF HODGIN ROAD ON THE NORTH SIDE, 26 FROM R-1 SINGLE FAMILY RESIDENCE DISTRICT TO R-3 ONE TO EIGHT FAMILY RESIDENCE 27 DISTRICT. 28 29 President Hutton assigned the Ordinance to the Plan Commission for public hearing. 30 31 ORDINANCE NO.49-1989 32 33 The Clerk read on first readi,ig by title only Ordinance No. 49-1989 - AN ORDINANCE AMENDING 34 CHAPTER 154 OF THE MUNICIPAL CODE BEING ORDINANCE NO. 2325-1968, COMMONLY KNOWN 35 AS THE ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA PROVIDING FOR THE 36 REZONING OF PROPERTY LOCATED AT102 SOUTH 18TH STREET FROM R-2 SINGLE FAMILY 37 RESIDENCE DISTRICT TO R-2 SU SINGLE FAMILY RESIDENCE SPECIAL USE DISTRICT; AND ALSO 38 AUTHORIZING THE SPECIAL USE OF SAID PROPERTY AS A MEDICAL OFFICE. 39 40 President Hutton assigned the Ordinance to the Plan Commission for public hearing. 41 42 43 ORDINANCES ON SECOND READING 44 45 ORDINANCE NO. 26-1989 46 47 The Clerk read on second reading Ordinance No. 26-1989 - AN ORDINANCE AMENDING CHAPTER 154 48 OF THE MUNICIPAL CODE BEING ORDINANCE NO.2325-1968, COMMONLY KNOWN AS THE ZONING 49 ORDINANCE OF THE CITY OF RICHMOND, INDIANA PROVIDING FOR THE REZONING OF PROPERTY 50 LOCATED IN THE 900 BLOCK OF NORTH G STREET ON THE NORTH SIDE FROM R-3 ONE TO EIGHT 51 FAMILY RESIDENCE DISTRICT TO C-4 GENERAL BUSINESS DISTRICT. 52 53 Councilmember Morris inform( d the Council that the Plan Commission recommended denial because the 54 C-4 was a more permissive use and would allow outdoor usage and display with residential area to the rear, 55 this was unacceptable. 56 57 Councilmember Hankinson moved for engrossment of Ordinance No. 26-1989,seconded by Councilmember 58 Brookbank and on unanimous voice vote the motion was carried. 59 60 Councilmember Morris moved to suspend the rules and move Ordinance No. 26-1989 to third and final 61 reading by title only, seconded by Councilmember McBride and on unanimous voice vote the motion was 62 carried. 63 64 The Clerk read the ordinance on third and final reading by title only. 65 9 c. Common Council Minutes Cont'd July 3, 1989 Page 5 1 2 Ordinance No.26-1989 was defeated on the following call of the roll: 3 4 Ayes: None 5 Nays: Elstro, Lundy, Brookbank, Hankinson, McBride, Morris, Paust and Hutton (8) 6 Absent: Parker 7 8 PROOF OF PUBLICATION FOR APPROPRIATION ORDINANCES 9 10 Mr. Barden examined the Proof of Publication for Ordinances 33,34, and 35-1989 and found it to be in order. 11 Councilmember Morris moved to accept and file the Proof of Publication, seconded by Councilmember 12 McBride and on unanimous voice vote the motion was carried. 13 14 APPROPRIATION ORDINANCE NO.33-1989 15 16 The Clerk read on second reading Ordinance no. 33-1989 - AN ORDINANCE TO APPROPRIATE WITHIN 17 THE CUMULATIVE CAPITAL DEVELOPMENT FUND. (ROOF FOR CITY BUILDING) 18 19 President Hutton announced the Ordinance was on public hearing. 20 21 Ms. Rita Stout, Purchasing Director, explained that the roof on the City Building was the third roof and 22 although it was still under warranty the company had gone bankrupt. She said there are leaks going all the 23 way to the first and second floors. She also spoke to the appropriation for the Airport roof and that it was 40 24 years old and had never been replaced. 25 26 Councilmember Brookbank questioned the cement blocks on the City Building roof and Ms. Stout stated they 27 were to keep the roof from blowing off. 28 29 There being no further comment, Councilmember Brookbank moved for engrossment, seconded by 30 Councilmember McBride and on unanimous voice vote the motion was carried. 31 32 Councilmember Morris moved to suspend the rules and move the ordinance to third and final reading by title 33 only,seconded by Councilmember McBride and on unanimous voice vote the motion was carried. 34 35 The Clerk read Ordinance No.33-1989 on third and final reading by title only. 36 37 Ordinance No.33-1989 was adopted on the following call of the roll: 38 39 Ayes: Elstro, Lundy, Brookbank, Hankinson, McBride, Morris, Paust and Hutton (8) 40 Nays: None 41 Absent: Parker 42 43 APPROPRIATION ORDINANCE NO.34-1989 44 45 The Clerk read on second reading Ordinance no. 34-1989 - AN ORDINANCE TO APPROPRIATE WITHIN 46 THE CUMULATIVE CAPITAL DEVELOPMENT FUND. (ROOF FOR AIRPORT BUILDING) 47 48 President Hutton announced the Ordinance was on public hearing. 49 50 Councilmember Elstro asked if the Airport did not have the funds to replace their own roof and Mayor 51 Waltermann said they did not. ' 52 53 There being no comment, Councilmember Morris moved for engrossment, seconded by Councilmember 54 McBride and on unanimous voice vote the motion was carried. 55 56 Councilmember Morris moved to suspend the rules and move the ordinance to third and final reading by title 57 only,seconded by Councilmember McBride and on unanimous voice vote the motion was carried. 58 59 The Clerk read Ordinance No.34-1989 on third and final reading by title only. 60 61 Ordinance No.34-1989 was adopted on the following call of the roll: 62 63 Ayes: Elstro, Lundy, Brookbank, Hankinson, McBride, Morris, Paust and Hutton (8) 64 Nays: None 65 Absent: Parker 6r6 Common Council Minutes Cont'd July 3, 1989 Page 6 1 2 APPROPRIATION ORDINANCE NO.35-1989 3 4 The Clerk read on second reading Ordinance no. 35-1989 - AN ORDINANCE TO APPROPRIATE WITHIN 5 THE OFF STREET PARKING FUND FUND. (NEW EQUIPMENT FOR PARKING LOT) 6 7 President Hutton announced the Ordinance was on public hearing. 8 9 Off Street Parking Manager, Mary Merchanthouse explained the funds would be used to replace all the 10 equipment on the North 7th Street lot. 11 12 There being no comment, Councilmember Hankinson moved for engrossment, seconded by 13 Councilmember Brookbank and on unanimous voice vote the motion was carried. 14 15 Councilmember Morris moved to suspend the rules and move the ordinance to third and final reading by title 16 only,seconded by Councilmember McBride and on unanimous voice vote the motion was carried. 17 18 The Clerk read Ordinance No.35-1989 on third and final reading by title only. 19 20 Ordinance No.35-1989 was adopted on the following call of the roll: 21 22 Ayes: Elstro, Lundy, Brookbank, Hankinson, McBride, Morris, Paust and Hutton (8) 23 Nays: None 24 Absent: Parker 25 26 ORDINANCE NO.37-1989 27 28 The Clerk read on second reading Ordinance No. 37-1989 - AN ORDINANCE AMENDING CHAPTER 154 29 OF THE MUNICIPAL CODE, BEING ORDINANCE NO. 2325-1968, COMMONLY KNOWN AS THE 30 ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA PROVIDING FOR THE REZONING OF 31 PROPERTY LOCATED ON THE EAST DICE OF GREENBRIER DRIVE, IN THE 300 BLOCK, FROM R-4 32 MULTI -FAMILY RESIDENCE DISTRICT TO R-4 SU MULTI-FAMILY RESIDENCE SPECIAL USE 33 DISTRICT; AND ALSO AUTHORIZING THE SPECIAL USE OF SAID PROPERTY AS A RESIDENTIAL 34 DEVELOPMENT UNIT PROJECT. 35 36 Councilmember Morris explained that the Plan Commission vote was 6 to 2 in favor. She said the drainage 37 problem has been solved and they have given an additional 6 ft.sitback from the line of development. 38 39 President Hutton announced the ordinance was on public hearing. 40 41 Speaking for the ordinance was Mr. Robert Burton, Attorney at Law, representing the petitioner. Mr. Burton 42 reminded the Council they had given preliminary approval of the concepts and they were now presenting the 43 final plan. Mr. Burton stated that the zoning being requested was a less dense use of the property than now 44 allowed and the project will comply with all state and local laws including the Horizontal Housing Act. 45 46 Mr. Burton said that tonight they asking final approval and addressing issues such as location of drives, 47 landscaping, etc. He said the request has met all the requirement of the various city departments. 48 49 Mr. Burton said they have picked up several feet between the project and the neighbors to the north and also 50 the last unit will be 16 ft. instead of 10 ft.from the line and will also be the smallest unit in the project. 51 52 Also speaking was Mr. Jim Brower, Landscape Architect for the project. Mr. Brower explained the north 53 property line will be screened ' ith evergreens and open air fence. The south side will be the pool and will 54 be screened with an open view 20 the Arboretum. 55 56 Councilmember McBride asked the height of the evergreens at the exit and Mr. Brower said they would be 57 less that 24 inches. 58 59 Councilmember Paust asked about the fencing and Mr. Brower said the evergreens would be 40 ft. at 60 maturity, but should be controlled at 20 ft. with a fence of 6 ft. or wrought iron or chain link covered with dark 61 plastic. He said the trees will b 10 ft.when installed and reach 20 ft.within six years. 62 63 Also speaking was Mr. Thomas Winemiller, Engineer for the project. Mr. Winemiller spoke of creating a 64 drainage area to go into the storm sewer at Delwood and Greenbrier to accommodate any drainage problem 65 and all other run off going into the Arboretum, which is the choice of the Arboretum. He said this will help solve other water problems in that area. 257 Common Council Minutes Cont'd my 3, 1989 Page 7 1 2 Councilmember Paust asked if the height of Unit A was the same as other units and Mr. Gary Weaver, 3 Project Architect, explained they would stay with a walk out basement and the eve line would at a 8 ft. at the 4 front of the garage. 5 6 Councilmember Paust commented with the trees at full height,the unit would not be visible. 7 8 ;President Hutton asked about underground springs in the area and Mr.Winemiller said he had not seen any, 9 but that one which goes out of the back at Greenbrier. He said if any are noted they will be tiled into the 10 sewer system. 11 12 Speaking in opposition was Mr. Mike Foley, resident of the area. Mr. Foley said the neighbors did appreciate 13 the changes, but were still concerned about zoning regulations and quality can only happen if the rules are 14 followed by the book. He asked asked if the north east unit will be an A unit and not a C unit and they were 15 still concerned with the water run off. He said he understood that the final plans were still subject to the City 16 Engineer's approval with regard to drainage. He said they were concerned with Country Club Lane and its 17 use during construction since they hate to see it deteriorate further. He said they do support the intent of the 18 project,but want to make certain all regulations are followed. 19 20 Councilmember Morris stated that Mr. Wiwi, Public Works Director, was aware of the problem and she felt it 21 appropriate that he discuss the designs with the neighbors. She explained the Ordinance will be amended to 22 make the site plan subject to final approval of the City Engineer. 23 24 Councilmember McBride commented that it looked as if the run off was to the south and east and he did not 25 see how it would affect the existing housing. 26 27 Mr. Foley stated that Greenbrier and Delwood were like a skating rink in the winter. 28 29 Mr. David Lehman, 3811 Delwood Lane, told the Council he appreciated the fencing and set back, but did 30 share Mr. Foley's concerns about the housing unit so near his property. 31 32 Councilmember Morris moved to Amend Ordinance No. 37-1989 by adding C and D to Section 3 of the 33 Ordinance,seconded by Councilmember Brookbank and on unanimous voice vote the motion was carried. 34 35 There being no further comment, Councilmember Morris moved for engrossment, seconded by 36 Councilmember Brookbank and on unanimous voice vote the motion was carried. 37 38 Councilmember Morris moved to suspend the rules and move Ordinance No. 37-1989 to third and final 39 reading and read by title only, seconded by Councilmember McBride and on unanimous voice vote the 40 motion was carried. 41 42 The Clerk read Amended Ordinance No.37-1989 on third and final reading by title only. 43 44 Amended Ordinance No.37-1989 was adopted on the following call of the roll: 45 46 Ayes: Elstro, Lundy, Brookbank, Hankinson, McBride, Morris, Paust and Hutton (8) 47 Nays: None 48 Absent: Parker 49 50 {ORDINANCE NO.38-1989 51 52 The Clerk read on second reading Ordinance No. 38-1989 - AN ORDINANCE VACATING THE 53 DEDICATED RIGHT OF WAY OF SOUTH 18TH PARKWAY, AN UNDEVELOPED STREET WITHIN THE 54 CITY OF RICHMOND. 55 56 Mr. Barden examined the Proof of Publication and found it to be in order. Councilmember Morris moved to 57 accept and file the Proof of Publication , seconded by Councilmember Paust and on unanimous voice vote 58 the motion was carried. 59 60 Councilmember Morris informed the Council the Plan Commission had recommended approval. 61 62 President Hutton announced the ordinance was on public hearing. 63 64 Speaking for the ordinance was Mr. Richard Freeman, representing the petitioners. Mr. Freeman explained 65 the vacation was necessary for the development of the 100 unit low and moderate income apartments. He said a new dedication of right of way will be done and the old right of way was never used and would not be. 1 6)58 Common Council Minutes Cont'd July 3, 1989 Page 8 1 2 There being no further comment, Councilmember Brookbank moved for engrossment, seconded by 3 Councilmember McBride and on unanimous voice vote the motion was carried. 4 5 Councilmember Morris moved to suspend the rules and move Ordinance No. 38-1989 to third and final 6 reading and read by title only, seconded by Councilmember Brookbank and on unanimous voice vote the 7 motion was carried. 8 9 The Clerk read Ordinance No.38-1989 on third and final reading by title only. 10 11 Ordinance No.38-1989 was adopted on the following call of the roll: 12 13 Ayes: Elstro, Lundy, Brookbank, Hankinson, McBride, Morris, Paust and Hutton (8) 14 Nays: None 15 Absent: Parker 16 17 ORDINANCE NO.39-1989 18 19 The Clerk read on second reading Ordinance No. 39-1989 - AN ORDINANCE AMENDING CHAPTER 154 20 OF THE MUNICIPAL CODE, BEING ORDINANCE NO. 2325-1968, COMMONLY KNOWN AS THE 21 ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA, PROVIDING FOR THE REZONING OF 22 PROPERTY LOCATED ON THE SOUTH SIDE OF SOUTH L STREET, IN THE 1800 BLOCK, FROM R-2 23 SINGLE FAMILY RESIDENCE DISTRICT TO R-4 SU MULTI FAMILY RESIDENCE SPECIAL USE 24 DISTRICT; AND ALSO THE SPECIAL USE OF SAID PROPERTY AS A RESIDENTIAL DEVELOPMENT 25 UNIT PROJECT. 26 27 President Hutton announced the ordinance was on public hearing. 28 29 Speaking was Mr. Richard Freeman, representing the Petitioners. Mr. Freeman explained this was the final 30 approval for the construction to commence on the 100 unit apartment complex for low to moderate income 31 persons. 32 33 There being no further comment, Councilmember Morris moved for engrossment, seconded by 34 Councilmember Brookbank and on unanimous voice vote the motion was carried. 35 36 Councilmember Morris moved to suspend the rules and move Ordinance No. 39-1989 to third and final 37 reading and read by title only, seconded by Councilmember McBride and on unanimous voice vote the 38 motion was carried. 39 40 The Clerk read Ordinance No.59-1989 on third and final reading by title only. 41 42 Ordinance No.39-1989 was adopted on the following call of the roll: 43 44 Ayes: Elstro, Lundy, Brookbank, Hankinson, McBride, Morris, Paust and Hutton (8) 45 Nays: None 46 Absent: Parker 47 48 RECESS AND RECONVENE OF THE COMMON COUNCIL 49 50 ORDINANCE NO.40-1989 51 52 The Clerk read on second reading Ordinance No. 40-1989 - AN ORDINANCE AMENDING CHAPTER 154 53 OF THE MUNICIPAL CODE, BEING ORDINANCE NO. 2325-1968, COMMONLY KNOWN AS THE 54 ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA PROVIDING FOR THE REZONING OF 55 PROPERTY LOCATED THE EAST SIDE OF SOUTH 52ND PLACE, IN THE 100 BLOCK, FROM R-4 56 MULTI FAMILY RESIDENCE DISTRICT TO R-4 SU MULTI FAMILY RESIDENCE SPECIAL USE 57 DISTRICT; AND ALSO AUTHORIZING THE SPECIAL USE OF SAID PROPERTY AS A RESIDENTIAL 58 DEVELOPMENT UNIT PROJECT. 59 60 Councilmember Morris stated that the Plan Commission recommended the Ordinance be amended in 61 Section 3 and so moved, seco ded by Councilmember Brookbank and on unanimous voice vote the motion 62 was carried. 63 64 President Hutton announced the Ordinance was on public hearing. 65 Mr. Ronald Morton, representinlg Dunn Center,told the Council he was available for questions. Common Council Minutes Cont'd July 3, 1989 Page 9 1 2 I There being no questions, Councilmember Brookbank moved for engrossment, seconded by Councilmember 3 Elstro and on unanimous voice vote the motion was carried. 4 5 Councilmember Elstro moved to suspend the rules and move Ordinance No. 40-1989 to third and final 6 reading and read by title only, seconded by Councilmember Brookbank and on unanimous voice vote the 7 s motion was carried. 8 9 'The Clerk read Amended Ordinance No.40-1989 on third and final reading by title only. 10 11 Amended Ordinance No.40-1989 was adopted on the following call of the roll: 12 13 i Ayes: Elstro, Lundy, Brookbank, Hankinson, McBride, Morris, Paust and Hutton (8) 14 I Nays: None 15 i Absent: Parker 16 17 ORDINANCE NO.42-1989 18 19 !The Clerk read on second reading Ordinance No. 42-1989 - AN ORDINANCE AMENDING CHAPTER 154 20 OF THE MUNICIPAL CODE, BEING ORDINANCE NO.2325-1968, COMMONLY KNOWN AS THE ZONING 21 ORDINANCE OF THE CITY OF RICHMOND, INDIANA PROVIDING FOR THE REZONING OF PROPERTY 22 LOCATED ON THE NORTH SIDE OF DANA PARKWAY, IN THE 200 BLOCK, FROM M-2 GENERAL 23 INDUSTRIAL DISTRICT TO M-2 SU GENERAL INDUSTRIAL SPECIAL USE DISTRICT; AND 24 AUTHORIZING THE SPECIAL USE OF SAID PROPERTY AS A MANUFACTURER'S OUTLET MALL 25 DEVELOPMENT UNIT PROJECT. 26 27 President Hutton announced the petitioner requested it be held to July 17, 1989, but she would take 28 'comments on public hearing. 29 30 There being no comments,the Ordinance will return on second reading on July 17, 1989. 31 32 ORDINANCE NO.44-1989 33 34 The Clerk read on second reading Ordinance No. 44-1989 -AN ORDINANCE SETTING TOTAL REGULAR 35 I WAGES AND POSITIONS FOR APPOINTED OFFICERS AND EMPLOYEES OF THE CITY OF 36 'RICHMOND, INDIANA EXCEPT FOR MEMBERS OF THE POLICE AND FIRE COLLECTIVE BARGAINING 37 UNITS, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1990 AND ENDING DECEMBER 31, 1990, 38 APPROVING THE ADDITIONAL COMPENSATION TO CERTAIN APPOINTED OFFICIALS OF THE CITY, 39 i OTHER THAN GOVERNMENTAL WHO PERFORM SERVICES FOR THE CITY, WHICH SERVICES ARE 40 !CONNECTED WITH THE OPERATION OF THE MUNICIPALLY OWNED UTILITY OR FUNCTIONS. 41 42 President Hutton announced the ordinance was on public hearing and it had been requested to make some 43 technical amendments. 44 45 l Councilmember Morris moved to amend Ordinance No. 44-1989 by changing the LTC IV classification from 46 37 to 26 and adding an LTC IVLC(denotes bargaining contract)with 11 at 16,949, adding under Special one 47 S B/W at 24,588. and adding Temporary Help at 299,200., seconded by Councilmember Brookbank and on 48 j unanimous voice vote the motion was carried. 49 50 Speaking for the salary ordinance was Mr. Tim Uhte, Park employee. Mr. Uhte told the Council the salary 51 increases were well deserved and greatly appreciated. 52 53 i Also speaking was Park Superintendent Dean Bostrom. Mr. Bostrom stated that this ordinance provides 54 I equity for similar work being paid similar wages, specifically with the LTC's and recently the elected officials 55 voted a well deserved increase for themselves because of their responsibilities and commitment and 56 comparability to other cities and this also allows the same increase for the other city employees. 57 58 Mayor Frank Waltermann told the Council that all 343 employees are well deserving. He added that salaries 59 must be competitive and this bring salaries in line with other organizations to help prevent the city from losing 60 its well trained employees. 61 62 There being no further public comment, Councilmember Morris moved for engrossment, seconded by 63 Councilmember Paust and on unanimous voice vote the motion was carried. 64 65 Councilmember Morris moved to suspend the rules and move Amended Ordinance No. 44-1989 to third and final reading and read by title only, seconded by Councilmember McBride and on unanimous voice vote the motion was carried. k ? i � 260' Common-Council-Minutes-Gont'd - - _— July_3,_1989__ - _ - ---- Page 10 1 2 The Clerk read amended Ordinance No.44-1989 on third and final reading by title only. 3 4 Prior to vote, Councilmember Elstro explained he would not support the salary ordinance even though he 5 agrees with salaries being brought in line for all Departments. He said since he was unable to pick and 6 choose among the various job descriptions, he would not support the ordinance in total. 7 8 Councilmember McBride assured the Park employees, that the Council support the adjustments to bring 9 them up. 10 11 Councilmember Morris thanked the Mayor and Controller for this ordinance. She said she had supported 12 equity among the employees for several years and was grateful to see it accomplished in this ordinance. 13 14 Councilmember Brookbank commented that she felt the salaries were up where all are making are making 15 decent wages. 16 17 Amended Ordinance No.44-1989 was adopted on the following call of the roll: 18 19 Ayes: Lundy, Brookbank, McBride, Morris, Paust, Hutton (6) 20 Nays: Elstro and Hankinson (2) 21 Absent: Parker 22 23 ORDINANCE ON THIRD READING 24 25 Councilmember McBride moved to suspend the rules and read Ordinance No. 45-1989 by title only, 26 seconded by Councilmember Hankinson and on unanimous voice vote the motion was carried. 27 28 ORDINANCE NO.45-1989 29 30 The Clerk read on third reading by title only Ordinance No. 45-1989 - AN ORDINANCE ADOPTING A 31 PROFESSIONAL NEGOTIATION AGREEMENT BETWEEN THE CITY OF RICHMOND AND RICHMOND 32 PROFESSIONAL FIREFIGHTERS, INC., LOCAL #1408 OF THE INTERNATIONAL ASSOCIATION OF 33 FIREFIGHTERS AFL-CIO, AND PROFESSIONAL FIREFIGHTERS UNION OF INDIANA WHICH 34 AGREEMENT WAS EFFECTIVE THE FIRST DAY OF JANUARY, 1988 AND REMAINED IN FULL FORCE 35 AND EFFECT UNTIL THE LA:'T DAY OF DECEMBER, 1989. 36 37 City Attorney, Kenneth Barden told the Council that in his opinion, they would be freezing the Fire Fighters 38 salaries at the 1988 level and felt that would mandate any over payment in wages to be reimbursed to the 39 City. He indicated he would not tolerate any instances of ghost employment. 40 41 Mr. Barden also explained that with passage of this ordinance the negotiations for 1989 will effectively end 42 since this ordinance is saying that the 1989 contract will be the same as the 1988 and by their own rules 43 Council cannot bring up this subject again for one year. 44 45 Ordinance No. 45-1989 was adopted on the following call of the roll: 46 47 Ayes: Elstro, Lundy, Hankinson, McBride, and Hutton (5) 48 Nays: Brookbank, Morris and Faust (3) 49 Absent: Parker 50 51 ORDINANCES VETOED 52 53 ORDINANCE NO.31-1989 54 55 No action was taken by the Council on vetoed Amended Ordinance No.31-1989. 56 57 ADJOURNMENT 58 59 There being no further busii:ess, on a motion duly made, seconded and passed, the meeting was 60 adjourned. 61 62 63 64 65 Sarah L. Hutton, President ATTEST: Mary Merchanthouse, City Clerk