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HomeMy Public PortalAbout04-17-1989 211 PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF RICHMOND. INDIANA. APRIL 17. 1989 1 The Common Council of the City of Richmond, Indiana met in regular session April 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 APRIL 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 PRESENTATION OF REMONSTRANCES. PETITIONS AND MEMORIALS 17 18 Councilmember Morris presented the Council with petitions from the residents of Straightline Pike in 19 opposition to Jim's Body Shop being an eyesore with the storage of wrecked cars and trucks. 20 Councilmember Morris requested a response from the Board of Public Works and Safety. 21 22 REPORTS FROM CITY DEPARTMENTS 23 24 , None'mere presented. 25 26 REPORTS FROM OTHER OFFICES 27 28 None were presented. 29 30 ; REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY 31 32 Mr. Barden reported that the Board had received a formal response on the alleged Police job action and that 33 Acting Chief Ponder felt confident that the officers in question were ill. He said the Board adopted a 34 Resolution in Compliance with the Drug Free Work Place Act. 35 36 Mr. Barden reported on the complaints on 627 Indiana Ave and the storage of junk vehicles in an improperly 37 zoned ares and that the owner indicated to the Plan Department that they would be relocating to a properly 38 zoned area within thirty days and he would request a follow up on the activities in two weeks. 39 40 Mr. Barden stated that the request from the Council for a traffic control device at South 16th and E Streets 41 had been referred to the Traffic and the report from the Traffic Division had indicated the request be denied 42 since it did not meet traffic warrants and would not help with the situation, but could possibly cause 43 additional accidents. A copy of the recommendation will be forwarded to the Council. 44 45 Mr. Barden also informed the Council that the Annual Report of the Telecommunications Council had been 46 submitted to them and he asked for due consideration by the Council. 47 ';, 48 Councilmember Morris questioned for clarification of the decision not to put traffic control devices at South 49 16th and E and Mr. Barden said the report detailed the warrants needing to be met and the situation was not 50 in compliance. 51 52 Councilmember Elstro asked about Stampers Wrecker Service at 627 Indiana Ave being allowed to still pull 53 in vehicles for storage after the zoning was denied and Mr. Barden said he would requests the situation be 54 monitored and if they are towing to an improperly zoned area, he would make the recommendation to 55 remove them from the wrecker rotation list for the City. 56 i 57 Councilmember Lundy asked about a turn light being installed at K-Mart East and Mr. Barden suggested that 58 no action be taken on that until after the East Main Street construction project is completed since there will 59 be a turn lane in place upon completion of the project. 60 61 Councilmember McBride asked why the City has not enforced the Zoning Ordinance on the Indiana Avenue 62 problem and Mr. Barden explained that the City does not have the manpower or equipment to go in there 63 and remove the vehicles that are stored and he felt removal from the wrecker rotation list would be a more 64 effective means of getting the point across. 65 919' Common Council Minutes Cont'd April 17, 1989 Page 2 1 Councilmember Parker asked the Board to look into a burned out trailer off NW 5th Street and Mr. Barden 2 said that the Planning Department had been working on that problem, but there is a problem with tracking 3 down the ownership of the trailer. 4 5 President Hutton asked when the removal of the trailers on South Q Street would be completed and Mr. 6 Barden said that some had been purchased and removed for scrap and he would check into the removal of 7 the others. 8 9 Councilmember Elstro suggested that the Council meet with the Plan Department under their Committee of 10 i the Whole meetings. 11 12 COMMUNICATIONS FROM THE MAYOR 13 14 Mayor Frank H. Waltermann reported on the Urban Horizons Conference being held in Indianapolis this 15 week. He said it is an excellent conference and that Richmond had 28 persons in attendance. Mayor 16 Waltermann shared his experiences in the Cultural Planning Workshop he attended and how culture is the 17 most ancient of resources and make public life rich. He said the workshop pointed out there is more to art 18 that just looking at it. He said the community is full of artists and mentioned Rita Morris and Frank DeVito as 19 local musicians, the church gospel groups and choirs are an art form. Mayor Waltermann said everyone 20 knows somebody as an artist and commented how nice it would be to have a cultural center to share our 21 local artists since our culture and our art touches all of the people in the City. 22 23 REPORTS FROM SPECIAL COMMITTEES 24 25 Councilmember Brookbank announced the Committee of the Whole set for the Police Department on April 26 20, 1989 was cancelled and would be set for a future date. 27 28 REPORTS FROM STANDING COMMITTEES 29I 30 None were presented. 31 32 REPORTS FROM SPECIAL COUNCIL COMMITTEES 331 34 None were presented. 35 36 MISCELLANEOUS BUSINESS 37 381 None was presented. 391 401 RESOLUTIONS 41 421 Councilmember Morris moved to suspend the rules and read Resolutions No. 7-1989 by title only, seconded 43 I by Councilmember Elstro and cn unanimous voice vote the motion was carried. 44 451 RESOLUTION NO. 7-1989 46 471 The Clerk read by title only Resolution No. 7-1989 -A RESOLUTION APPROVING THE STATEMENT OF 48 I BENEFITS APPLICATION OF CERTAIN FIRMS INSTALLING NEW MANUFACTURING EQUIPMENT 491 AND/OR CONSTRUCTION IMPROVEMENTS ON REAL ESTATE IN ECONOMIC REVITALIZATION 50 AREAS IN THE CITY OF RICHMOND, INDIANA. 51 52 The Resolution approved Stat.:ment of Benefits submitted by Bev's Threads, Inc, Johnson Metal Products, 531 Mid-Continent Paper Conver:crs, Inc., Mosey Mfg. Company, Recycling Center, Star Cutter Company and 54 I H. E.Woodruff and denied the application for Imperial Products. 551 56 Councilmember Parker said the committee had properly met and all application recommended for approval 57 met the criteria as established. 58I 591 There being no further discussion, Councilmember Brookbank moved for adoption of Resolution No. 7-1898, 601 seconded by Councilmember Faust and on unanimous voice vote the motion was carried. 61 1 I 62 ORDINANCES 63 64 ORDINANCES ON FIRST REti DING 65 � 1 6 _3 ' Common Council Minutes Cont'd 'April 17, 1989 Page 3 1 Councilmember Elstro moved to suspend the rules and read Ordinances No. 19 and 25-1989 on first reading 2 'by title only,seconded by Councilmember McBride and on unanimous voice vote the motion was carried. 3 4 ORDINANCE NO.19-1989 5 6 The Clerk read on first reading by title only Ordinance No. 19-1989 - AN ORDINANCE GRANTING 7 PRELIMINARY APPROVAL TO A RESIDENTIAL DEVELOPMENT UNIT PROJECT IN A R-4 8 MULTI-FAMILY RESIDENCE DISTRICT ON PROPERTY LOCATED ON THE EAST SIDE OF 9 ,GREENBRIER DRIVE IN THE 300 BLOCK, PURSUANT TO ARTICLES 45 AND 48 OF CHAPTER 154 OF 10 THE CODE OF ORDINANCES, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF 11 RICHMOND, INDIANA. 12 13 President Hutton announced Ordinance No. 19-1989 would be assigned to the Plan Commission for public 14 hearing. 15 16 'ORDINANCE NO. 25-1989 17 18 The Clerk read on first reading by title only Ordinance No.25-1989 -AN ORDINANCE VACATING TWO(2) 19 PUBLIC ALLEYS WITHIN WITH CITY OF RICHMOND, INDIANA BEING A TWELVE (12) FOOT WIDE 20 ALLEY AND AN EIGHT(8) FOOT WIDE ALLEY,SAID CONTIGUOUS ALLEYS RUNNING SOUTH OFF OF 21 SOUTH G STREET BETWEEN SOUTH 6TH AND SOUTH 7TH STREETS. 22 23 President Hutton announced Ordinance No. 25-1989 would be assigned to the Plan Commission for public 24 hearing. 25 26 ORDINANCES ON SECOND READING 27 28 ACCEPTANCE OF PROOF OF PUBLICATION 29 30 ,Mr. Barden examined the Proof of Publication for Appropriation Ordinances No. 20, 21, 22, 23 and 24-1989 31 and found it to be in order. 32 33 Councilmember Morris moved to accept and file the Proof of Publication,seconded by Councilmember Elstro 34 and on unanimous voice vote the motion was carried. 35 36 APPROPRIATION ORDINANCE NO.20-1989 37 38 The Clerk read by title only Appropriation Ordinance No. 20-1989 -AN ORDINANCE TO APPROPRIATE 39 WITHIN THE CUMULATIVE CAPITAL IMPROVEMENT FUND. 40 41 President Hutton announced Ordinance No.20-1989 was on public hearing. 42 43 Marge Sweet, City Controller, informed the Council that the appropriation was to reimburse state and federal 44 funds used for engineering fees on the proposed extension of a roadway to the Chrysler property in 1981. 45 She explained the project was abandoned and now the City must reimburse the funds. 46 47 Councilmember Parker asked if the City could bill Chrysler Corporation and Mr. Barden said the City had no 48 written contract with Chrysler and due to the lapse in time he felt there was no legal authority. 49 50 Councilmember Parker suggested that the City go ahead and bill Chrysler and let them tell us they will not 51 pay. 52 - 53 There being no further discussion, Councilmember Hankinson moved for engrossment of Ordinance No. 54 20-1989,seconded by Councilmember Brookbank and on unanimous voice vote the motion was carried. 55 56 Councilmember Morris moved to suspend the rules and move Ordinance No. 20-1989 to third and final 57 ,reading and read by title only, seconded by Councilmember Brookbank and on unanimous voice vote the 58 motion was carried. 59 60 The Clerk read Ordinance No.20-1989 on third and final reading by title only. 61 62 Appropriation Ordinance No.20-1989 was adopted on the following call of the roll: 63 64 Ayes: Elstro, Lundy, Brookbank, Hankinson, McBride, Parker, Morris Paust and Hutton (9) 65 Nays: None 6)14 Common Council Minutes Cont`d April 3, 1989 Page 4 1 APPROPRIATION ORDINANCE NO.21-1989 2 3 The Clerk read on second reading Appropriation Ordinance No. 21-1989 - AN ORDINANCE TO 4 APPROPRIATE WITHIN THE LOCAL ROAD AND STREET FUND. 5 6 President Hutton announced Ordinance No. 21-1989 was on public hearing. 7 8 Bill Hillard, Street Commissioner, informed the Council that the appropriation was an annual appropriation of 9 the Local Road and Street Funds and would be used for paving, street and sidewalk work,etc. 10 11 Councilmember Elstro asked if it could be used for doing slurry seal and Mr. Hillard said it can be used for all 12 materials. 13 14 Councilmember Elstro asked if he could see the black top list and Mr. Hillard said he would forward it. 15 16 There being no further discussion, Councilmember Elstro moved for engrossment of Ordinance No.21-1989, 17 seconded by Councilmember Brookbank and on unanimous voice vote the motion was carried. 18 19 Councilmember Elstro moved to suspend the rules and move Ordinance No. 21-1989 to third and final 20 reading and read by title only, seconded by Councilmember Brookbank and on unanimous voice vote the 21 motion was carried. 22 23 The Clerk read Ordinance No.21-1989 on third and final reading by title only. 24 25 Appropriation Ordinance No.21-1989 was adopted on the following call of the roll: 26 27 Ayes: Elstro, Lundy, Brookbank, Hankinson, McBride, Parker, Morris Paust and Hutton (9) 28 Nays: None 29 30 APPROPRIATION ORDINANCE NO.22-1989 31 32 The Clerk read on second reading Appropriation Ordinance No. 22-1989 - AN ORDINANCE TO 33 APPROPRIATE WITHIN THE GENERAL FUND. 34 35 President Hutton announced Ordinance No.22-1989 was on public hearing. 36 37 Speaking for Ordinance No.22-1989 was Kenneth Barden, City Attorney. Mr. Barden said the appropriation 38 was for attorney fees for cases filed regarding Police matters when the City was unable to secure liability 39 insurance for the Police Department. 40 41 Councilmember Elstro asked why there was no insurance during this time and Mr. Barden said he preferred 42 not to discuss the matter in a public forum,since it could have a bearing on the cases filed. 43 44 There being no further discussion, Councilmember Hankinson moved for engrossment of Ordinance No. 45 22-1989,seconded by Councilmember Parker and on unanimous voice vote the motion was carried. 46 47 Councilmember Morris moved to suspend the rules and move Ordinance No. 22-1989 to third and final 48 reading and read by title only, seconded by Councilmember Parker and on unanimous voice vote the motion 49 was carried. 50 51 The Clerk read Ordinance No.22-1989 on third and final reading by title only. 52 53 Appropriation Ordinance No.2r-1989 was adopted on the following call of the roll: 54 55 Ayes: Elstro, Lundy, Brookbank, Hankinson, McBride, Parker, Morris Paust and Hutton (9) 56 Nays: None 57 58 APPROPRIATION ORDINANCE NO.23-1989 59 60 The Clerk read on second :eading Appropriation Ordinance No. 23-1989 - AN ORDINANCE TO 61 APPROPRIATE WITHIN THE VEHICLE IDENTIFICATION NUMBER FUND. 62 63 President Hutton announced Ordinance No.23-1989 was on public hearing. 64' 65 Speaking for Ordinance No.23-1989 was Donald Ponder, Acting Chief. Acting Chief Ponder said the Common Council Minutes Cont'd April 17, 1989 Page 5 1 appropriation was 10,000.00 in the VIN Fund. He explained the Vehicle Identification Fund was established 2 I by State Law and a local ordinance was adopted by the Council. The funds can be used for law enforcement 3 !programs. 4 5 j Councilmember Elstro asked if they were additional funds and what they could be used for and Acting Chief 6 ,Ponder said the funds could be used for any Police purposes and the funds are from the $5.00 collected for 7 Vehicle Identification checks. He said there have already been over 3,000.00 in fees collected through the 8 l end of March. 9 10 €Councilmember Brookbank moved to suspend the rules and move Ordinance No. 23-1989 to third and final 11 I reading and read by title only, seconded by Councilmember Elstro and on unanimous voice vote the motion 12 'was carried. 13 14 'The Clerk read Ordinance No.23-1989 on third and final reading by title only. 15 16 i Appropriation Ordinance No.23-1989 was adopted on the following call of the roll: 17 18 Ayes: Elstro, Lundy, Brookbank, Hankinson, McBride, Parker, Morris Paust and Hutton (9) 19 'Nays: None 20 21 22 :APPROPRIATION ORDINANCE NO. 24-1989 ' 23 $ i 24 The Clerk read on second reading Appropriation Ordinance No. 24-1989 - AN ORDINANCE TO 25 APPROPRIATE WITHIN THE LAW ENFORCEMENT CONTINUING EDUCATION/TRAINING FUND. 26 27 ; President Hutton announced Ordinance No.24-1989 was on public hearing. 28 29 I Speaking for Ordinance No. 24-1989 was Acting Chief, Donald Ponder. Acting Chief Ponder said the fees 30 i were a 2.75 court fee returned to the City to be used for training and education purposes and needing to be 31 appropriated by the Common Council for expenditure. He said if the funds are not appropriated they will be 32 !returned to the State. 33 34 ,There being no further discussion, Councilmember Brookbank moved for engrossment of Ordinance No. 35 24-1989,seconded by Councilmember Parker and on unanimous voice vote the motion was carried. 36. 37 'Councilmember Morris moved to suspend the rules and move Ordinance No. 24-1989 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.24-1989 on third and final reading by title only. 42 43 i Appropriation Ordinance No.24-1989 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 ;ORDINANCES ON THIRD READING 49 ' 50 I Councilmember Brookbank moved to suspend the rules and read Amended Ordinance No. 7-1989 on third 51 ;and final reading by title only, seconded by Councilmember Hankinson and on unanimous voice vote the 52 motion was carried. 53 . 54 !AMENDED ORDINANCE NO.7-1989 55 56 iThe Clerk read on second reading Amended Ordinance No. 7-1989 - AN ORDINANCE AMENDING 57 'CHAPTER 154 OF THE MUNICIPAL CODE, BEING ORDINANCE NO. 2325-1968, COMMONLY KNOWN 58 AS THE ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA, PROVIDING FOR THE 59 1 REZONING OF'-PROPERTY LOCATED AT THE RICHMOND MUNICIPAL AIRPORT FROM AZ AIRPORT 60 ;ZONE DISTRICT TO AZ SU AIRPORT ZONE SPECIAL USE DISTRICT AND AUTHORIZING THE 61 ;SPECIAL USE OF SAID PROPERTY FOR THE LAND APPLICATION OF DIGESTED SLUDGE. 62 63 i President Hutton invited comments from the Council regarding Amended Ordinance No. 7-1989. - 64 65 'Councilmember Paust thanked all who had forwarded materials to him about sludge application. He said the 2 - Common Council Minutes Cont'd April 17, 1989 Page 6 1 materials were reviewed and he had received both positive and negative information, including information 2 regarding the program being good, but not good in a certain area. 3 4 Councilmember Paust said the Sanitary District had provided a lot of information and has more to furnish on 5 the subject. He said he requested additional information from Mr. Willis and Ms. Makela. He said he does 6 not feel the program is going to go away and he needs all the data to make a decision. 7 8 Councilmember Paust moved to strike Amended Ordinance No. 7-1989. Councilmember McBride seconded 9 the motion. 10 11 Councilmember Elstro asked if the ordinance should be tabled for two or three months rather than stricken 12 since it could not be returned to the agenda for one year if stricken 13 14 Mr. Barden reminded the Council they can return a like ordinance to the Agenda with a 2/3 vote of the 15 Council. He said if stricken it will also have to go back to the Plan Commission. 16 17 Councilmember Paust said he had no objection to tabling the ordinance, but he feels the need for time to 18 receive additional data. He said the also needs to be an educational program for the public by the Sanitary 19 District on the issue. Councilmember Paust added that all the answers can't be gotten in a few days and he 20 would like to see expert witnesses in person, not just hearsay information. 21 22 Councilmember Elstro commented that no one really knows how sludge compares with commercial fertilizer 23 and Councilmember Hankinson stated that commercial fertilizer was all labeled and tested and he was not in 24 favor of tabling the ordinance. 25 26 The motion to strike Amended Ordinance No. 7-1989 was carried on a voice vote. 27 28 ORDINANCES ASSIGNED TO PLAN COMMISSION 29 30 ORDINANCE NO.17-1989 -REQUEST TO STRIKE 31 32 Upon request of the petitioners, the Wayne County Commissioners and the Board of Public Works and 33 Safety, Councilmember Parker moved to strike Ordinance No. 17-1989, seconded by Councilmember 34 McBride and on unanimous voice vote the motion was carried. 35 36 ADJOURNMENT 37 38 There being no further business, on a motion duly made, seconded and passed, the meeting was 39 adjourned. 40 41 42 43 44 Sarah L. Hutton, President 45 46 47 48 49 50 ATTEST: 51 52 Mary Merchanthouse, City Clerk 53 54 55 56 57 58 59 60 61 62 63 64 65