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HomeMy Public PortalAbout06-12-1989 31 PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF RICHMOND. INDIANA.JUNE 12. 1989 1 The Common Council of the City of Richmond, Indiana met in regular session June 12, 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 ADDITION OF AGENDA ITEM 8 9 Councilmember Paust moved to suspend the rules and add Resolution No. 12-1989 to the Agenda, 10 seconded by Councilmember Brookbank and on unanimous voice vote the motion was carried. 11 12 PLEDGE OF ALLEGIANCE 13 14 SILENT DEVOTIONS 15 16 APPROVAL OF MINUTES OF MAY 15.1989 17 18 Councilmember Morris moved to approve the minutes of the previous meeting as prepared, seconded by 19 Councilmember Parker and on unanimous voice vote the motion was carried. 20 21 COMMUNICATIONS FROM THE MAYOR 22 23 Mayor Waltermann was unavailable for comments. 24 25 PRESENTATION OF REMONSTRANCES, PETITIONS AND MEMORIALS 26 27 None 28 29 REPORTS FROM CITY DEPARTMENTS 30 31 None were presented. 32 33 REPORTS FROM OTHER OFFICES 34 35 None were presented. 36 37 REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY 38 39 Mr. Barden requested that due to the length of the agenda,the Council refer to the minutes, but he would be 40 available for any questions. 41 42 Councilmember Elstro asked about an unsafe house a South H and 5th Streets and asked Ms. Doris 43 Alexander to address the Council regarding the matter. 44 45 Ms. Alexander, 743 South 5th Street, told the Council that she has been fighting about the unsafe house 46 next door for the past four to five years. She said it is defaming her property and she had been told the 47 owner,a Mr. King, has been searching for the title to the property and that has delayed repairs. 48 49 Councilmember Elstro reminded Mr. Barden that the house north of the one in question was wrecked and 50 removed by order of the Board of Works and this one has been held up for repairs or demolition for several 51 months because of a problem with the title. 52 53 Mr. Barden said he would check into the matter. 54 55 Councilmember Elstro said that even without the title to the property, the owner was told to clean up and he 56 had not done anything until last week,when he started a little clean up. 57 58 REPORTS FROM SPECIAL COMMITTEES 59 60 None. 61 62 REPORTS FROM STANDING COMMITTEES 63 64 Park Board 65 President Hutton reported that the pool would be open on June 13th,weather cooperating. 9632 Common Council Minutes Cont'd June 12, 1989 Page 2 1 REPORTS FROM SPECIAL COUNCIL COMMITTEES 2 3 None 4 5 MISCELLANEOUS BUSINESS 6 7 Basement Flooding Problems-South 11th Street Residents 8 9 Mr. Jim Howell, 326 Richmond Avenue, representing his brother on South 11th Street, spoke with the 10 Council regarding the continuing problem of sewage in basements in the South 11th Street area. He said 11 there was 13" of sewage water in his brother's basement with the recent rains and he asked help with 12 finding a new solution to a very old problem. He said he felt there could be a more dynamic approach to the 13 problem solving. 14 15 Mr. Howell said since the 1986 flooding, efforts had been made to alleviate the problem, but it returned 16 again in 1989 and there needs to be some help. 17 18 Councilmember Elstro commented about the area south of South E Street still being on combination sewers 19 and that the gripe should be taken to the Sanitary Board which would be meeting on June 13, 1989 at 10:00 20 AM. He said that would be the proper authority since they are their own taxing unit. 21 22 Mr. Howell said he felt it was in the best interest of all affected to find a solution. He said that after all the 23 planning for the sewer separation project, it is still not known where the storm water and sewage runs and 24 the workmanship of the project was bad. He said he had been to the Sanitary District in the past, but would 25 go back again. 26 27 President Hutton said the Sanitary District felt it had solved the problem and Mr. Howell commented that the 28 solution was at the expense of the river. 29 30 Mr. Mark Howell, property owner on South 11th Street, told the Council that the flooding has caused his 31 foundation to start crumbling. 32 33 Mr. Jim Howell said he was proud of the City, but he felt like a dog chasing its tail. He said he has talked 34 with all, but there has been no solution. 35 36 Councilmember Elstro asked that the Board of Works might get involved and Mr. Barden reminded the 37 Council there was pending litigation from the prior flooding and he was not prepared to comment. 38 39 Mr. Jim Howell said the whole system was poorly designed and did not work and it should be addressed 40 properly which would save dollars in the long run. 41 42 Mr. Gordon Phelps, 57 South 24th Street, also spoke to the Council about basement flooding. He said he 43 had 16"of sewage in his basement and this was the first time it had happened. He said he understood there 44 was a problem in the Charles School area and there is no storm sewer on South 24th, but an open sewer on 45 South 23rd creating major prcb'ems with rains we have been having. 46 47 Councilmember Hankinson asked Mr. Phelps if his problem was from the open sewer and Mr. Phelps 48 indicated his backup was a sanitary sewer problem. 49 50 Councilmember Morris asked that Mr.Willis, Manager of the Sanitary District, be present at the next meeting 51 of the Council. She suggested that he might also address some route changes that have taken place in 52 solid waste collection. 53 54 Presentation by Earlham College School of Religion 55 56 Ms. Claudia Ettel presented the Council a Certificate of Appreciation to the Human Services Office for the 57 participation in the ministry project of Mr. John Guffey. She also thanked Mayor Waltermann and Ms. 58 Sandra Suman for their support. 59 60 President Hutton commented that Mr.Guffey did a lot for the City of Richmond during his project. 61 62 Report of Housing and Homeless Task Force 63 64 Ms. Sandra Suman, convener of the Council appointed Task Force to study the problems of inadequate 65 housing and homelessness in t'le City presented the final recommendations to the Council. Ms. Suman told the Council the make up of th fask Force and the dedication to the issue. Common Council Minutes Cont'd June 12, 1989 Page 3 1 Ms. Suman defined the three types of in Richmond homlessness including (1)50 to 60 persons living on the 2 streets, which was not the focus of the Task Force (2) Those needing emergency shelter, which the Task 3 Force felt was being fairly well addressed and (3)Those marginally housed or at risk of becoming homeless. 4 She said the Task Force determined that there was a need for an additional 350 to 500 low to moderate 5 income housing units in the City of Richmond. 6 7 Ms. Suman told of other recommendations such as City sponsored Housing Office, making the Homestead 8 Program workable, revolving loan for assistance to low to moderate income, neighborhood organizations, 9 public awareness of reporting unsafe conditions, establishment of social program in Housing Authority, strict 10 enforcement of existing ordinances and ordinances establishing quality of maintenance for rental units and 11 landlord registry, Fire Department inspections of rental facilities and inspection of housing. 12 13 Ms. Suman told the Council of the Habitat for Humanity Program and the Campus Chapter at Earlham along 14 with the efforts to establish a community chapter by the Second Presbyterian Church. She said the 15 Community Chapter would be called the Marion Williams Habitat for Humanity Chapter. 16 17 Ms. Suman asked the Council to please care about housing and encouraged them to work with the Habitat 18 for Humanity and reminded the Council again of the need for 250 to 500 additional housing units in the City. 19 20 A video was shared with the Council regarding Habitat for Humanity. 21 22 Also speaking was Mr. Darrell Woods of the Earlham Chapter of Habitat for Humanity. Mr. Woods gave the 23 Council some background information on the Campus Chapter and the national goals for Habitat for 24 Humanity. He explained it was a non profit organization with new or rehabilitated homes sold on a non 25 interest basis. He said seed funds are gathered to be used for the purchase of homes, property and other 26 resources and that donations of these are also accepted. The volunteers and home owners work together 27 with the home owner being required to give 500 hours of sweat equity in the building of the home. 28 29 Councilmember Paust asked what the campus chapter was doing about the establishment of the local 30 chapter and Mr.Wood said that he was encouraged with the announcement of the Marion Williams Fund and 31 he would work with the Second Presbyterian Church. 32 33 Councilmember Paust asked how so many volunteers got involved as shown in the video and Mr. Woods 34 said the National Chapter has work camps and if the City were successful in the local chapter, they could 35 qualify for that here. 36 37 Councilmember Morris asked about the need for seed money and Mr. Woods said that the project is grass 38 roots and based on a local model with some matching funds being provided by the National Chapter. 39 40 'Councilmember Lundy, a member of the Task Force, thanked Ms. Suman for all her work on the Task Force 41 and on the Marion Willams Fund, which will raise the seed money to start the Habitat program locally. She 42 announced that Rev. Martell Winburn will be serving as the fund raising chairman. 43 44 Rev. Paul Bousquette, 218 South 20th, Pastor of the Second Presbyterian Church, spoke of his support for 45 the Habitat program and that housing rehabilitation was something they had long wanted to do at the Mission 46 Center. He said the poor and needy live in homes not fit for dogs to live in and the Habitat for Humanity will 47 get the community involved. He announced that his Church Board would be formally voting on sponsoring 48 the local chapter of Habitat for Humanity this week and he hoped all would support it to make it a community 49 wide effort. Rev. Bousquette said the poor and needy need to feel cared for and about and believe they can 50 do for themselves. 51 52 Rev. Bousquette also thanked the Council for hiring someone the calibre of Ms. Suman. 53 54 Ms. Suman completed the report of the Task Force by reminding the Council that Councilmember Williams 55 cared a lot about the poor and needy and housing for them and asked this be maintained in his memory. 56 57 Human Rights Commission Resolution 58 59 Ms. Suman informed the Council that the Human Rights Commission has passed a Resolution requesting 60 Council to make the commission a permanent entity. She reminded the Council that the Commission will 61 expire at the end of this year unless so empowered by Council to continue. She said the Commission has 62 been successful and has heard more cases in three months that was believed to be heard in two years. She 63 said there need to be some changes in the enabling ordinance to make the Commission eligible for some 64 outside funding. 65 Common Council Minutes Cont'd June 12, 1989 Page 4 1 Councilmember Morris asked if Ms. Suman would make a recommendation to Council regarding the 2 changes and the budget and Ms. Suman said the Director and Commission members would be making 3 those recommendations. 4 5 Councilmember Hankinson asked for some supporting figures to justify making the Commission permanent 6 and Ms. Suman said the Council had been mailed an annual report, but she would ask that Mr. Mathewson, 7 Director, be available to meet with the Council to answer their questions. 8 9 RESOLUTIONS 10 11 Councilmember Elstro moved to suspend the rules and read Resolutions No. 11 and 12-1989 by title only, 12 seconded by Councilmember Hankinson and on unanimous voice vote the motion was carried. 13 14 RESOLUTION NO.11-1989 15 16 The Clerk read by title only Resolution No. 11-1989 -A RESOLUTION DESIGNATING A CERTAIN AREA 17 AS AN ECONOMIC REVITALIZATION AREA IN THE CITY OF RICHMOND, INDIANA. 18 19 Mr. Dan Dooley explained to the Council that this was property owned by Wernle being used for 20 development of housing units. He said if 20 percent of the units are made available to low and moderate 21 income families the area would qualify under the tax abatement provision. 22 23 There being no further discussion, Councilmember Brookbank moved for adoption of Resolution No. 24 11-1989,seconded by Councilmember Morris and on unanimous voice vote the motion was carried. 25 26 RESOLUTION NO. 12-1989 27 28 The Clerk read by title only Resolution No. 12-1989 -A RESOLUTION APPROVING THE STATEMENT OF 29 BENEFITS APPLICATION OF CERTAIN FIRMS INSTALLING NEW MANUFACTURING EQUIPMENT 30 AND/OR CONSTRUCTION IMPROVEMENTS ON REAL ESTATE IN ECONOMIC REVITALIZATION 31 AREAS IN THE CITY OF RICHMOND, INDIANA. 32 33 Mr. Dooley explained there were several firms listed in the Resolution since the extended deadline for filing 34 was June 15, 1989. He said all were evaluated and the committee recommended they be approved. 35 36 Councilmember Elstro moved for adoption of Resolution No. 12-1989, seconded by Councilmember Paust 37 and on unanimous voice vote the motion was carried. 38 39 RECESS AND RECONVENE OF COUNCIL 40 41 Prior to the discussion of Ordinances, President Hutton allowed a short recess of the Council. 42 43 ORDINANCES 44 45 ORDINANCES ON FIRST READING 46 47 Councilmember Elstro moved to suspend the rules and read Ordinances No. 32, 33, 34, 35, 36, 37, 38, 39, 48 40 and 41-1989 on first reading by title only, seconded by Councilmember Morris and on unanimous voice 49 vote the motion was carried. 50 51 ORDINANCE NO.32-1989 52 53 The Clerk read on first reading by title only Ordinance No. 32-1989 - AN ORDINANCE AMENDING 54 PROVISIONS OF THE POLICE MERIT COMMISSION OF THE CITY OF RICHMOND. 55 56 President Hutton announced Ordinance No.32-1989 had to be advertised for public hearing. 57 58 APPROPRIATION ORDINANCE NO.33-1989 59 60 The Clerk read on first reading by title only Ordinance No. 33-1989 - AN ORDINANCE TO APPROPRIATE 61 WITHIN THE CUMULATIVE CAPITAL DEVELOPMENT FUND. (ROOF FOR CITY BUILDING) 62 63 President Hutton announced Ordinance No.33-1989 had to be advertised for public hearing. - 64 65 G 6) 5 Common Council Minutes Cont'd June 12, 1989 Page 5 1 j APPROPRIATION ORDINANCE NO.34-1989 2 3 The Clerk read on first reading by title only Ordinance No. 34-1989 -AN ORDINANCE TO APPROPRIATE 4 WITHIN THE CUMULATIVE CAPITAL DEVELOPMENT FUND. (ROOF FOR AIRPORT BUILDING) 5 6 President Hutton announced Ordinance No.34-1989 had to be advertised for public hearing. 7 8 i APPROPRIATION ORDINANCE NO.35-1989 9 10 The Clerk read on first reading by title only Ordinance No. 35-1989 -AN ORDINANCE TO APPROPRIATE 11 WITHIN THE OFF STREET PARKING FUND. (NEW EQUIPMENT FOR PARKING LOT) 12 13 President Hutton announced Ordinance No.35-1989 had to be advertised for public hearing. 14 15 ORDINANCE NO.36-1989 16 17 The Clerk read on first reading by title only Ordinance No. 36-1989 - AN ORDINANCE AMENDING 18 CHAPTER 154 OF THE MUNICIPAL CODE, BEING ORDINANCE NO. 2325-1968, COMMONLY KNOWN 19 AS THE ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA PROVIDING FOR THE 20 REZONING OF PROPERTY LOCATED IN THE 1900 BLOCK OF STRAIGHTLINE PIKE ON THE WEST 21 SIDE, FROM R-2 SINGLE FAMILY RESIDENCE DISTRICT TO C-2 COMMERCIAL DISTRICT. 22 23 President Hutton assigned Ordinance No.36-1989 to the Plan Commission for public hearing. 24 25 ORDINANCE NO.37-1989 26 27 The Clerk read on first reading by title only Ordinance No. 37-1989 - AN ORDINANCE AMENDING 28 CHAPTER 154 OF THE MUNICIPAL CODE, BEING ORDINANCE NO. 2325-1968, COMMONLY KNOWN 29 AS THE ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA PROVIDING FOR THE 30 REZONING OF PROPERTY LOCATED ON THE EAST SIDE OF GREENBRIER DRIVE, IN THE 300 31 BLOCK, FROM R-4 MULTI-FAMILY RESIDENCE DISTRICT TO R-4 SU MULTI-FAMILY RESIDENCE 32 SPECIAL USE DISTRICT; AND ALSO AUTHORIZING THE SPECIAL USE OF SAID PROPERTY AS A 33 RESIDENTIAL DEVELOPMENT UNIT PROJECT. 34 35 President Hutton assigned Ordinance No.37-1989 to the Plan Commission for public hearing. 36 37 ORDINANCE NO.38-1989 38 39 The Clerk read on first reading by title only Ordinance No. 38-1989 - AN ORDINANCE VACATING THE 40 1 DEDICATED RIGHT OF WAY OF SOUTH 18TH PARKWAY, AN UNDEVELOPED STREET WITHIN THE 41 CITY OF RICHMOND. 42 43 President Hutton assigned Ordinance No.38-1989 to the Plan Commission for public hearing. 44 45 ORDINANCE NO.39-1989 46 47 The Clerk read on first reading by title only Ordinance No. 39-1989 - AN ORDINANCE AMENDING 48 CHAPTER 154 OF THE MUNICIPAL CODE, BEING ORDINANCE NO. 2325-1968, COMMONLY KNOWN 49 AS THE ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA PROVIDING FOR THE 50 REZONING OF PROPERTY LOCATED ON THE SOUTH SIDE OF SOUTH L STREET, IN THE 1800 51 BLOCK, FROM R-2 SINGLE FAMILY RESIDENCE DISTRICT TO R-4 SU MULTI-FAMILY RESIDENCE 52 SPECIAL USE DISTRICT; AND ALSO AUTHORIZING THE SPECIAL USE OF SAID PROPERTY AS A 53 RESIDENTIAL DEVELOPMENT UNIT PROJECT. 54 55 President Hutton assigned Ordinance No.39-1989 to the Plan Commission for public hearing. 56 57 ORDINANCE NO.40-1989 58 59 The Clerk read on first reading by title only Ordinance No. 40-1989 - AN ORDINANCE AMENDING 60 CHAPTER 154 OF THE MUNICIPAL CODE, BEING ORDINANCE NO. 2325-1968, COMMONLY KNOWN 61 AS THE ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA PROVIDING FOR THE 62 REZONING OF PROPERTY LOCATED ON THE EAST SIDE OF SOUTH 52ND PLACE, IN THE 100 63 BLOCK, FROM R-4 MULTI- FAMILY RESIDENCE DISTRICT TO.R-4 SU MULTI-FAMILY RESIDENCE 64 SPECIAL USE DISTRICT; AND ALSO AUTHORIZING THE SPECIAL USE OF SAID PROPERTY AS A 65 RESIDENTIAL DEVELOPMENT UNIT PROJECT. • Q� Common Council Minutes Cont'd June 12, 1989 Page 6 1 President Hutton assigned Ordinance No.40-1989 to the Plan Commission for public hearing. 2 3 TRANSFER ORDINANCE NO.41-1989 4 5 The Clerk read on first reading by title only Ordinance No. 41-1989 - AN ORDINANCE TO TRANSFER 6 WITHIN THE MOTOR VEHICLE HIGHWAY FUND. 7 8 Councilmember Morris moved to suspend the rules and move Ordinance No. 41-1989 to second reading, 9 seconded by Councilmember Brookbank and on unanimous voice vote the motion was carried. 10 11 The Clerk read Ordinance No.41-1989 on second reading. 12 13 President Hutton announced Ordinance No.41-1989 was on public hearing. 14 15 Speaking for the ordinance was Bob Wiwi, Public Works Director. Mr. Wiwi explained the transfer was to 16 help pay for Manpower help used to increase the number of crews doing curb and sidewalk work. He said 17 as a result of the additional help they have laid about twice as much concrete as they did last year. 18 19 Councilmember McBride asked if the funds were available and Ms. Sweet said they were. 20 21 Councilmember Elstro asked for clarification on which funds were used for Manpower since the memo refers 22 to lease on a sweeper. 23 24 Ms. Sweet explained that the contractual funds were used for the sweeper lease and now they are 25 replenishing the account for the contracted labor. 26 27 Councilmember Parker said the memo also referred to tree removal and asked for a breakdown. 28 29 Mr. Wiwi said the tree removal would be 5,000. to 6,000 with the sweeper being 48,000. and the balance 30 being used to carry the manpower through the end of the summer. 31 32 Ms. Sweet indicated that the 25,000.figure in the Memo was incorrect. 33 34 Councilmember McBride asked if Manpower was being used to avoid using college kids and Mr. Wiwi that 35 was not the reason, but they were put on prior to the college kids being available. 36 37 Councilmember Paust said he appreciated the positive approach and response by the Mayor to the 38 concerns of the Council regarding curb and sidewalk repair. 39 40 There being no further discussion, Councilmember Elstro moved for engrossment, seconded by 41 Councilmember McBride and on unanimous voice vote the motion was carried. 42 43 Councilmember Morris moved to suspend the rules and move Ordinance No. 41-1989 to third and final 44 reading and read by title only, seconded by Councilmember Paust and on unanimous voice vote the motion 45 was carried. 46 47 The Clerk read Ordinance No.41-1989 on third and final reading by title only. 48 49 Transfer Ordinance No.41-1989 was adopted on the following call of the roll: 50 51 Ayes: Elstro, Lundy, Brookbank, Hankinson, McBride, Parker, Morris, Paust and Hutton (9) 52 Nays: None 53 54 ORDINANCES ON SECOND READING 55 56 ORDINANCE NO. 28-1989 57 58 The Clerk read on second reading Ordinance No. 28-1989 - AN ORDINANCE GRANTING PRELIMINARY 59 APPROVAL TO A RESIDENTIAL DEVELOPMENT UNIT PROJECT IN A R-4 MULTI-FAMILY RESIDENCE 60 DISTRICT ON PROPERTY LOCATED ON THE EAST SIDE OF THE DRIVE KNOWN AS SOUTH 52ND 61 PLACE, PURSUANT TO AR".ICLES 45 AND 48 CHAPTER 154 OF THE CODE OF ORDINANCES, 62 COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA. 63 64 President Hutton assigned Ordinance No. 28-1989 was on public hearing and requested Ms. Morris to 65 update the Council on Plan Commission action. 6 ) Common Council Minutes Cont'd June 12, 1989 Page 7 1 Councilmember Morris said there were no remonstrances presented in the Plan Commission and the only 2 issue asked to be addressed was the number of parking spaces to be provided. It was adopted 3 unanimously. 4 5 Speaking for Ordinance No. 28-1989 was Mr. Ronald Morton representing Dunn Center. Mr. Morton said 6 the Dunn Center Board has approved additional funds to bring the parking into compliance and proposed to 7 put in twenty-five spaces. 8 9 There being no further discussion, Councilmember Morris moved for engrossment, seconded by 10 Councilmember Parker and on unanimous voice vote the motion was carried. 11 12 Councilmember Morris moved to suspend the rules and move Ordinance No. 28-1989 to third and final 13 'reading and read by title only, seconded by Councilmember Parker and on unanimous voice vote the motion 14 irwas carried. 15 16 The Clerk read Ordinance No.28-1989 on third and final reading by title only. 17 18 Ordinance No.28-1989 was adopted on the following call of the roll: 19 20 Ayes: Elstro, Lundy, Brookbank, Hankinson, McBride, Parker, Morris, Paust and Hutton (9) 21 Nays: None 22 23 24 ORDINANCE NO.29-1989 25 26 The Clerk read on first reading by title only Ordinance No. 29-1989 - AN ORDINANCE GRANTING 27 PRELIMINARY APPROVAL TO A RESIDENTIAL DEVELOPMENT UNIT PROJECT IN A R-4 28 MULTI-FAMILY RESIDENCE DISTRICT ON PROPERTY LOCATED ON THE SOUTH SIDE OF SOUTH L 29 STREET IN THE 1800 BLOCK, PURSUANT TO ARTICLES 45 AND 48 CHAPTER 154 OF THE CODE OF 30 ORDINANCES, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF RICHMOND, 31 IND IANA. 32 33 President Hutton announced Ordinance No. 29-1989 was on public hearing and requested Councilmember 34 Morris update the Council on Plan Commission action. 35 36 Councilmember Morris stated there were no remonstrances presented, it was a very thorough presentation 37 and was unanimously approved. 38 39 Speaking for the ordinance was Mr. Richard Freeman, 33 South 9th Street. Mr. Freeman represented 40 iWernle's Children's Home who is selling the property to MP Realty Group. Mr. Freeman presented the 41 'Council the designs for Prestwick Square Apartments to include 100 units located on 13 acres for low to 42 'moderate income families and rents being subsidized by HUD. 43 44 Mr. Freeman said the project had been approved by the Indiana Housing Finance Authority for tax credits for 45 'housing and was a 3,000,000. project. He said the MP Realty Group owns and manages over 2,000 46 'housing units and are professionals in the field. He added they hope to be under construction in July and 47 assist to meet the housing needs of the community. 48 49 Councilmember McBride asked about the exit onto South L Street from the development and Mr. Freeman 50 said that South L was where the existing exit was now located and there is also right of way dedicated to 51 20th Street. 52 53 In response to the Council, Public Works Director, Bob Wiwi said he had reviewed the plans and approved 54 them. 55 56 Councilmember Elstro asked what the plans were for 20th Street and Mr. Freeman said that would be at the 57 discretion of the City and probably when development dictates expansion of the road. He said this project 58 was not affected by 20th Street. 59 60 Also speaking was Mr. Greg Merchanthouse, 1010 South A Street with MP Realty Group. Mr. 61 Merchanthouse told the Council that MP Realty Group was pleased to do this project in the City of 62 Richmond. He said the Council can be assured if approval is given that it will be done in a first class 63 manner. 64 65 Speaking in opposition to Ordinance No.29-1989 was Mr. Dave Perkins,416 South 7th Street. Mr. Perkins 8. j Common Council Minutes Cont'd June 12, 1989 Page 8 1 informed the Council he was representing the residents of the 400 block of South 7th Street. He said they 2 have been involved in upgrading the area and the one problem house they have on the block is owned by 3 MP. Mr. Perkins asked that prior to letting new projects be developed,they make people upgrade what they 4 currently own. Mr. Perkins said he understood that Mr. Merchanthouse had evicted the tenants at 416 South 5 7th and intended to board up the structure and fix it up. He said the residents have been told before that it 6 would be repaired and it has not been. Mr. Perkins asked that the Council hold off action on the ordinance 7 until there are some assurance this property will be upgraded. 8 9 President Hutton said she would like to clarify that MP Reality did not own the property on South 7th Street, 10 but that Mr. Merchanthouse did. 11 12 Councilmember Elstro said he had spoken with Mr. Merchanthouse and he had given his assurances that he 13 will do something with the property. 14 15 Mr. Merchanthouse addressed the issue and told the Council that MP Realty did not own nor manage the 16 property on South 7th Street, but that he was a limited partner and the other partner was the person mostly 17 responsible for the property. Mr. Merchanthouse said that he was unaware of the problems and when he 18 received some complaints this past weekend he instructed the managers of the property to evict the tenants, 19 get repair estimates and get the structure repaired. He said he is also looking into participating in the City's 20 rental rehab program and is publicly giving assurances that the property will be repaired or removed. 21 22 Councilmember Morris asked if there was a timetable established for the repairs and Mr. Merchanthouse 23 said that within thirty days he would have firm bids for the repairs and to see if it fits into the rental rehab 24 program. 25 26 Mr. Perkins said the residents were only looking for assurances that the property be upgraded and properly 27 maintained. 28 29 Mr. Gilbert Woolworth, 425 South 7th Street, told the Council he was shocked by the statements of Mr. 30 Merchanthouse since he knew Mr. Merchanthouse had been contacted about the property and it remained a 31 threat and an eyesore. 32 33 Mr. Woolworth said that Mr. Merchanthouse has been contacted over a long period regarding the property. 34 He said he was all for low cost housing for the needy and the poor, but that ten to fifteen years ago South 35 7th Street did not look very good and now it being upgraded. Mr. Woolworth informed the Council that he 36 had high skepticism about the ethics and goals of Mr. Merchanthouse and he urged the Council to have 37 something done with the eyesore property on South 7th and to delve into the credibility of Mr. Greg 38 Merchanthouse. 39 40 There being no further discussion, Councilmember Morris moved for engrossment, seconded by 41 Councilmember Brookbank and on unanimous voice vote the motion was carried. 42 43 Councilmember Morris moved to suspend the rules and move Ordinance No. 29-1989 to third and final 44 reading and read by title only, seconded by Councilmember Elstro and on unanimous voice vote the motion 45 was carried. 46 47 The Clerk read Ordinance No.29-1989 on third and final reading by title only. 48 49 Ordinance No.29-1989 was adopted on the following call of the roll: 50 51 Ayes: Elstro, Lundy, Brookbank, Hankinson, McBride, Parker, Morris, Paust and Hutton (9) 52 Nays: None 53 54 ORDINANCE NO.31-1989 55 56 The Clerk read on second reading Ordinance No. 31-1989 - AN ORDINANCE REPLACING AMENDED 57 SECTION 33.05 OF THE MUNICIPAL CODE FOR THE CITY OF RICHMOND. 58 59 Mr. Barden examined the Proof of Publication and found it to be in order. Councilmember Morris moved to 60 accept and file the Proof of Publication, seconded by Councilmember Parker and on unanimous voice vote 61 the motion was carried. 62 • 63 President Hutton announced the ordinance was on public hearing. 64 65 Speaking for the Ordinance was Mr.Tom Seal,234 South 4th,Attorney at Law representing Local 1408. Mr. 239 Common Council Minutes Cont'd June 12, 1989 Page 9 1 'Seal explained to the Council that there was need for another vehicle to achieve beyond impasse in contract 2 I negotiations. He said the ordinance presented takes out any legally objectionable parts of the old fact finding 3 ordinance. He said they are also prepared to recommend some amendments to the proposed ordinance 4 including utilizing the American Arbitration Association as part of the fact finding panel. 5 6 Councilmember Paust said he did not have anything on an arbitrator and did not recall any discussion of that 7 issue. 8 9 Councilmember Elstro said he did have the amendments and was prepared to present them formally. 10 11 Councilmember Paust said he would like to look at the amendments and felt the addition of an arbitrator to 12 the ordinance was a major change. 13 14 Councilmember Morris asked why Mr. Seal made the reference to an arbitrator being from Cincinnati and Mr. 15 Seal said that was their local office and the four local members of the fact finding panel would chose from a 16 list of arbitrators to be supplied by the American Arbitration Association and that person would also act as 17 chairman of the panel. 18 19 Councilmember Paust questioned the chairman being from out of town and Councilmember Lundy said it 20 would provide professional arbitration. 21 22 Councilmember Elstro said he would like to make the amendments and go to public hearing. 23 24 Councilmember Elstro moved to amend Section (B) Corporate Authority to read " shall consist of at 25 least three members appointed by the Mayor of said City.", seconded by Councilmember Hankinson and on 26 a voice vote was adopted. 27 28 Councilmember Elstro moved to amend Section (B) Fact-Finding Panel to read " The fifth member shall 29 be a professional arbitrator provided by the American Arbitration Association, and shall be selected by 30 majority vote of the other four members.", seconded by Councilmember Hankinson and on a voice vote with 31 one no vote the motion was carried. 32 33 j Councilmember Elstro moved to amend Section (D)to read " beginning the first day of May.", seconded 34 by Councilmember Hankinson and on unanimous voice vote the motion was carried. 35 36 Councilmember Elstro moved to amend Section (F) to read " and name a fifth fact-finder from a list 37 supplied by the American Arbitration Association." This person shall serve as Chairman of the Fact-finding 38 Panel. Reasonable fees and necessary expenses of the arbitration shall be borne equally by the bargaining 39 I agent and the city.", seconded by Councilmember Hankinson and on unanimous voice vote the motion was 40 I carried. 41 42 Councilmember Elstro moved to amend Section (G) to correct an omission error and to read " shall be 43 concluded within ten days of the time of commencement, and within ", seconded by Councilmember 44 Hankinson and on unanimous voice vote the motion was carried. 45 46 Councilmember Parker said he had also questioned the City Attorney regarding Section H regarding the 47 I binding upon the parties and the vote being a simple majority and Mr. Barden tried to explain that in his 48 'opinion the Council cannot pass an ordinance guaranteeing another ordinance in the future will be passed. 49 50 Councilmember Paust said he felt Section H needed cleaned up and Mr. Barden felt better language would 51 I be to bind the executive branch to present an ordinance to the council for action. 52 53 f Mr. Seal recommended it reflect the Fact-Finding Panel's recommendations be binding and form a part of the 54 salary ordinance and if the Council agrees with the salary ordinance and passes it they are automatically a 55 part of the ordinance. 56 57 Councilmember Lundy moved to amend Section H to read: The Corporate authorities shall within five days 58 after the receipt of the formal report of the Fact-finding Panel, established final negotiation meetings with the 59 bargaining agent for a final effort to resolve issues. Fact, evidence, and recommendations of the Fact-finding 60 Panel shall then be binding and shall form a part of the salary ordinance passed by a majority vote of the 61 Common Council, seconded by Councilmember Elstro and on a voice vote the motion was carried. 62 63 Councilmember Elstro moved for engrossment of Amended Ordinance No.31-1989. 64 65 Prior to a second, Councilmember Parker commented that if the Ordinance was engrossed and they find 4 �, 240 Common-Council-Minutes-Cont'd - June 12,1.988 Page 10 ------_-- — 1 more changes are needed, it would take a unanimous vote of the Council to make any amendments and he 2 felt it should be left on public hearing. 3 4 President Hutton announced Ordinance NO.31-1989 would remain on public hearing. 5 6 OTHER BUSINESS 7 8 Councilmember Elstro'asked about South L Street and Mr. Barden said they are letting the bids now for 9 construction to be completed this fall. 10 11 Councilmember Paust spoke to Mayor Waltermann regarding the investigation by Mr. Furnas and he felt the 12 situation was getting more and more out of hand. He asked about the $900.00 bill by Mr. Furnas for his 13 presentation to Council and that he had real problems with that. He also questioned some library charges 14 and that it was costing lots of dollars that could not be justified. 15 16 Mr. Barden told the Council that Mr. Furnas has agreed to deduct some of those charges from the bill. 17 18 ADJOURNMENT 19 20 There being no further business, on a motion duly made, seconded and passed, the meeting was 21 adjourned. 22 23 24 25 26 Sarah L. Hutton, President 27 28 29 30 31 32 ATTEST: 33 34 Mary Merchanthcuse, City Clerk 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65