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HomeMy Public PortalAbout04-03-1989 201 0 PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF RICHMOND. INDIANA. APRIL 3. 1989 1 The Common Council of the City of Richmond, Indiana met in regular session April 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, Parker, Morris and Paust. 4 Absent: None. Representatives of the following media were in attendance: WKBV/WFMG, WHON/WQLK 5 i 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 MARCH 20,1989 12 13 Councilmember Brookbank moved to approve the minutes of the previous meeting as prepared, seconded 14 by Councilmember Morris and on unanimous voice vote the motion was carried. 15 16 COMMUNICATIONS FROM THE MAYOR 17 18 Mayor Frank H. Waltermann reported on the upcoming Urban Horizons Conference to be held in 19 Indianapolis on April 16th through the 19th. He said there will be 36 persons attending from Richmond with 20 most attending paying there own way. Mayor Waltermann said we were very fortunate that the conference 21 was being held in Indianapolis. 22 23 ; Mayor Waltermann told the Council that Mr. Kinnett sent his apologies for the cancellation of his meeting, but 24 I he was with prospective investors in the community and in the past two weeks has spoken with two local 25 firms that are expanding. 26 27 Mayor Waltermann stated that at the recent Staff meeting, he had spoke of budgets and they would be 28 I putting in program and performance standards to assist in preparation of budgets. He also reported that 29 30 concrete crews from the Street Department had been out for the first time today and they were working on I NW L Street, Berry Field, S.W. 15th and South E Street. 31 32 ; Mayor Waltermann reminded the Council that he had included a copy of the Performing Arts Study with their 33 i Council packets and now different forms of financing were being investigated. He said he has met with a 34 development group that wants to look at financing performing arts centers. 35 36 Mayor Waltermann reported that Mr.Andy Houston, architect with the Housing and Urban Development, has 37 received permission from Secretary Kemp to come to the City of Richmond and attend the Urban Horizons 38 Conference and stay on in the City for planning on a RUDAG conference to hopefully be held in Richmond. 39 40 REPORTS FROM CITY DEPARTMENTS 41 42 I None were presented. 43 44 ! REPORTS FROM OTHER OFFICES 45 46 None were presented. 47 48 4 REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY 49 50 l Mr. Barden stated that in view of the lengthy agenda, he would not make a formal report, but would respond 51 Ito questions from the Council. 52 I 53 ! Councilmember Brookbank commented on a letter she received about the intersection at South 16th and E 54 being very dangerous. The letter asked that a signal be investigated. 55 56 President Hutton said she had also received the inquiry and wondered about a flashing light like the 57 I intersection of 16th and South A. 58 59 Mr. Barden said he would refer the matter to Traffic, since the Board of Works was cancelled this week due 60 Ito no quorum. 61 62 I Councilmember Morris said she had inquired about the intersection and there had been six accidents there 63 i between March of 1988 and March of 1989 and that with the East Main Street Project, the traffic will 64 probably increase. 65 , 1 i ' 20 ..: Common Council Minutes Cont'd April 3,1989 Page 2 1 REPORTS FROM SPECIAL COMMITTEES 2 3 None were presented. 4 5 REPORTS FROM STANDING COMMITTEES 6 7 None were presented. 8 9 REPORTS FROM SPECIAL COUNCIL COMMITTEES 10 11 None were presented. 12 13 MISCELLANEOUS BUSINESS 14 15 Housing Vouchers-Keith McGathey 16 17 Mr. Keith McGathey, Director of the Richmond Housing Authority, made a presentation to the Council on an 18 invitation by HUD to apply for up to thirty housing vouchers. Mr. McGathey said the housing voucher 19 program was similar to Section 8 except in the manner the funds were paid to the participants and the 20 allowable payments. He said the waiting list for Section 8 was extensive and the local Authority would apply 21 for 24 vouchers to help alleviate the waiting list. 22 23 Councilmember Morris asked how the program worked and Mr. McGathey explained that Section 8 sets a 24 Fair Market Rent to be paid and no other allowances are made, but with the housing vouchers additional 25 funds could be paid out of pocket to make up rent payments. 26 27 Councilmember Morris asked if local landlords were willing to participate in the program and Mr. McGathey 28 said he did not foresee any problems. 29 30 Councilmember Parker asked why they would be applying for 24 when they could apply for 30 and Mr. 31 McGathey explained the thirty is based on a dollar allotment and with the bedroom requirements they will 32 only be able to apply for 24 vouchers. 33 34 Councilmember Elstro asked how long it will take to implement the program and Mr. McGathey said within 35 two to three months. 36 37 Animal Control Functions-Dr.Carolyn Blakey 38 39 Dr. Carolyn Blakey presented the Council with a presentation from the Humane Existence for Lost Pets, Inc. 40 for Animal Control for the City of Richmond and Wayne County area. She said this was the first 41 presentation and hoped that after the presentation a study group would be formed. The proposal included 42 providing the Richmond and Wayne County area with: 1. Response to all animal control calls on the 24 43 hour, 7 day basis. 2. Providing a larger and better shelter facility, 3. Establishing a detailed record keeping 44 system for all animals brought to the shelter, 4. Educating the public about animal care and laws and 5. 45 Establishing a spay/neuter protocol for all adopted animals. 46 47 Ms. Blakey directed the attention of the Council to the sample budgets included and the proposed revenue 48 which would include City and County funding amounting to 75%of the budget and the additional from fund 49 raising activities. 50 51 Ms. Blakey said total animal control within one group would be a major step for the City and the proposal 52 needs study time and time to work out details. 53 54 Greater Richmond Progress committee Update-Mary Jo Clark 55 56 Ms. Mary Jo Clark, Chairman cf the Greater Richmond Progress Committee, gave the Council an update on 57 the Committee. Ms. Clark expressed her excitement about happenings in the community and finds that 58 while traveling around the State as Co-director of Leadership Wayne County she is approached by others 59 asking about Richmond and such activities as the Master Plan, Performing Arts/Conference Center, Gorge, 60 Arts and Historic Preservation which are all public/private undertakings. 61 62 Ms. Clark explained the GRPC is a vital committee for use of expertise of the private sector and involves all 63 levels of society allowing for community conversation and education. 64 65 Ms. Clark stated that there are issues brought to the GRPC and they identify the major issues that need 203 Common Council Minutes Cont'd April 3, 1989 Page 3 1 study, using a task force system to analyze and make recommendations. She said the time for study by a • 2 task force is one and one/half to two years and there have been some successful recommendations in the 3 past. Ms. Clark added that the Zero Base Drop Out Program was part of a task force study along with the 4 Park Bond, Richmond Community School referendum, child care, and the Literacy Coalition. A GRPC Task 5 Force is now working with the Master Plan and Performing Arts/Conference Center studies. 6 7 Ms. Clark said other issues being studies include substance abuse, with Wayne County having one of the 8 highest in the state, adolescent pregnancy with Wayne County being the second highest rate in the state. 9 Welfare reform was also studies with a recent recommendation by the Task Force to allow local input into the 10 State Welfare Reform plan. An Education Task Force was formed in January with Jon Ford and Ann Runyon 11 co-chairing and the school administration and Board of Trustees working with the task force. Ms. Clark said 12 the GRPC has requested the work of the Education Task Force to be completed in six to nine months. 13 14 Ms. Clark invited the participation by the members of Council and to ask them to serve on a task force. She 15 said the next meeting of the Board of Directors will be on April 20th with a report from the Adolescent 16 Pregnancy Task Force and the May 18th meeting will include a recommendation on the Performing 17 Arts/Conference Center study. 18 19 ADDITION OF ORDINANCE NO. 24-1989 TO AGENDA 20 21 Councilmember Lundy moved to allow Ordinance No.24-1989 to be added to the Agenda for reconsideration 22 of an appropriation within the Continuing Education/Training Fund, seconded by Councilmember Morris and 23 on unanimous voice vote the motion was carried. 24 25 RESOLUTIONS 26 27 Councilmember Morris moved to suspend the rules and read Resolutions No. 5 and 6-1989 by title only, 28 seconded by Councilmember Parker and on unanimous voice vote the motion was carried. 29 30 RESOLUTION NO. 5-1989 31 32 The Clerk read by title only Resolution No. 5-1989 - A RESOLUTION AUTHORIZING THE CITY OF 33 RICHMOND, INDIANA TO MAKE FULL APPLICATION FOR AN INDUSTRIAL DEVELOPMENT 34 INFRASTRUCTURE PROGRAM GRANT, AND AUTHORIZING FRANK H. WALTERMANN, MAYOR, TO 35 SIGN AND SUBMIT SUCH APPLICATION TO THE INDIANA DEPARTMENT OF COMMERCE, EXECUTE 36 THE GRANT AGREEMENT AND TO EXPEND THE GRANT FUNDS, IN ACCORDANCE WITH THE 37 PROVISIONS OF THE GRANT AGREEMENT. 38 39 Ms.Janet McFarland,Grants Administrator, explained that both Resolution No.5 and 6 authorizes the City to 40 submit applications to the Department of Commerce to assist two businesses in the City. 41 42 Councilmember Morris asked about the amount of funds involved and Ms. McFarland said that the 43 application for J E Parker was for 66,000. and for Cabinet Tops was 50,000. 44 45 There being no further discussion, Councilmember Morris moved for adoption of Resolution No. 5-1898, 46 seconded by Councilmember Brookbank and on unanimous voice vote the motion was carried. 47 48 RESOLUTION NO.6-1989 49 50 The Clerk read by title only Resolution No. 6-1989 - A RESOLUTION AUTHORIZING THE CITY OF 51 RICHMOND, INDIANA TO MAKE FULL APPLICATION FOR AN INVESTMENT INCENTIVE PROGRAM 52 GRANT, AND AUTHORIZING FRANK H. WALTERMANN, MAYOR, TO SIGN AND SUBMIT SUCH 53 APPLICATION TO THE INDIANA DEPARTMENT OF COMMERCE, EXECUTE THE GRANT AGREEMENT 54 AND TO EXPEND THE GRANT FUNDS, IN ACCORDANCE WITH THE PROVISIONS OF THE GRANT 55 AGREEMENT. 56 57 There being no discussion, Councilmember Elstro moved for adoption of Resolution No. 6-1898, seconded 58 by Councilmember Brookbank and on unanimous voice vote the motion was carried. 59 60 ORDINANCES 61 62 ORDINANCES ON FIRST READING 63 . 64 Councilmember Elstro moved to suspend the rules and read Ordinances No. 17, 18, 20, 21, 22, 23 and 65 24-1989 on first reading by title only, seconded by Councilmember Morris and on unanimous voice vote the motion was carried. 904 Common Council Minutes Cont'd April 3, 1989 Page4 1 ORDINANCE NO. 17-1989 2 3 The Clerk read on first reading by title only Ordinance No. 17-1989 - AN ORDINANCE TO VACATE A 4 CERTAIN PUBLIC WAY WITHIN WITH CITY OF RICHMOND, INDIANA BEING THAT PORTION OF EAST 5 MAIN STREET RUNNING BETWEEN SOUTH 3RD AND SOUTH 5TH STREETS. 6 7 President Hutton announced Ordinance No. 17-1989 would be assigned to the Plan Commission for public 8 hearing. 9 10 ORDINANCE NO.18-1989 11 12 The Clerk read on first reading by title only Ordinance No. 18-1989 - AN ORDINANCE AMENDING 13 CHAPTER 154 OF THE MUNICIPAL CODE BEING ORDINANCE NO. 2325-1968 COMMONLY KNOWN 14 AS THE ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA PROVIDING FOR THE 15 REZONING OF PROPERTY LOCATED AT 115 NORTH 9TH STREET FROM R-4 MULTI-FAMILY 16 RESIDENCE DISTRICT TO C-3 CENTRAL BUSINESS DISTRICT. 17 18 President Hutton announced Ordinance No. 18-1989 would be assigned to the Plan Commission for public 19 hearing. 20 21 APPROPRIATION ORDINANCE NO.20-1989 22 23 The Clerk read on first reading by title only Appropriation Ordinance No. 20-1989 - AN ORDINANCE TO 24 APPROPRIATE WITHIN THE CUMULATIVE CAPITAL IMPROVEMENT FUND. 25 26 President Hutton announced Ordinance No.20-1989 would be advertised for public hearing. 27 28 APPROPRIATION ORDINANCE NO.21-1989 29 30 The Clerk read on first reading by title only Appropriation Ordinance No. 21-1989 - AN ORDINANCE TO 31 APPROPRIATE WITHIN THE LOCAL ROAD AND STREET FUND. 32 33 President Hutton announced Ordinance No.21-1989 would be advertised for public hearing. 34 35 APPROPRIATION ORDINANCE NO.22-1989 36 37 The Clerk read on first reading by title only Appropriation Ordinance No. 22-1989 - AN ORDINANCE TO 38 APPROPRIATE WITHIN THE GENERAL FUND. 39 40 President Hutton announced Ordinance No.22-1989 would be advertised for public hearing. 41 42 APPROPRIATION ORDINANCE NO.23-1989 43 44 The Clerk read on first reading by title only Appropriation Ordinance No. 23-1989 -AN ORDINANCE TO 45 APPROPRIATE WITHIN THE VEHICLE IDENTIFICATION NUMBER FUND. 46 47 President Hutton announced Ordinance No.23-1989 would be advertised for public hearing. 48 49 APPROPRIATION ORDINANCE NO.24-1989 50 51 The Clerk read on first reading; by title only Appropriation Ordinance No. 24-1989 - AN ORDINANCE TO 52 APPROPRIATE WITHIN THE :ONTINUING EDUCATION/TRAINING FUND. 53 54 President Hutton announced Ordinance No.24-1989 would be advertised for public hearing. 55 56 ORDINANCES ON SECOND READING 57 58 Councilmember Elstro moved to allow Ordinance No. 13-1989 to be read as the first ordinance on second 59 reading to accommodate the representative speaking for the Ordinance, seconded by Councilmember 60 Morris and on unanimous voice vote the motion was carried. 61 62 ORDINANCE NO.13-1989 63 64 The Clerk read on first readi A by title only Ordinance No. 13-1989 - AN ORDINANCE AMENDING 65 CHAPTER 154 OF THE MUI? :.IPAL CODE BEING ORDINANCE NO.2325-1968 COMMONLY KNOWN o20S Common Council Minutes Cont'd April 3, 1989 Page 5 • 1 AS THE ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA PROVIDING FOR THE 2 REZONING OF PROPERTY LOCATED AT 215 INDUSTRIAL PARKWAY FROM M-1 GENERAL 3 INDUSTRIAL DISTRICT TO M-1 SU GENERAL INDUSTRIAL SPECIAL USE DISTRICT AND 4 AUTHORIZING THE SPECIAL USE OF SAID PROPERTY FOR AN ADVERTISING AGENCY. 5 6 President Hutton announced Ordinance No. 13-1989 was on public hearing. 7 8 Councilmember Morris, Plan Commission representative, informed the Council the Ordinance was for 9 Marketing and Creative Services to use a former residence as a business. The location is in an Industrial 10 District and the Plan Commission felt it was a good location for the business and a good usage. 11 12 Speaking in favor of Ordinance No. 13-1989 was Mr. Robert Burton, 25 North 7th Street, Attorney at Law 13 representing the petitioner. Mr. Burton explained the location was on Industrial Parkway and is currently a 14 residential property. The zoning change allows Marketing and Creative Service to be located where they 1'5 will be servicing industrial clientele in that direct area. 16 17 There being no further discussion, Councilmember Hankinson moved for engrossment of Ordinance No. 18 13-1989,seconded by Councilmember Parker and on unanimous voice vote the motion was carried. 19 20 Councilmember Morris moved to suspend the rules and move Ordinance No. 13-1989 to third and final 21 reading and read by title only, seconded by Councilmember McBride and on unanimous voice vote the 22 motion was carried. 23 24 The Clerk read Ordinance No. 13-1989 on third and final reading by title only. 25 26 Ordinance No. 13-1989 was adopted on the following call of the roll:, 27 28 Ayes: Elstro, Lundy, Brookbank, Hankinson, McBride, Parker, Morris Paust and Hutton (9) 29 Nays: None 30 31 AMENDED ORDINANCE NO.7-1989 32 33 The Clerk read on second reading Amended Ordinance No. 7-1989 - 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 AT THE RICHMOND MUNICIPAL AIRPORT FROM AZ AIRPORT 37 ZONE DISTRICT TO AZ SU AIRPORT ZONE SPECIAL USE DISTRICT AND AUTHORIZING THE 38 SPECIAL USE OF SAID PROPERTY FOR THE LAND APPLICATION OF DIGESTED SLUDGE. 39 40 President Hutton announced Amended Ordinance No. 7-1989 had been held on public hearing for additional 41 input by the public. She requested no repeat speakers from the last two public hearings and that comments 42 be limited and not repetitive. 43 44 Speaking in favor of Amended Ordinance No. 7-1989 was Ms. Jackie Makela, 17 Bon Aire Lane, with the 45 Richmond Sanitary District. Ms. Makela explained that sludge was the resultant solids of treatment of 46 wastewater and the treatment allows determination of problems and correction to be made prior to usage. 47 Ms. Makela said the sludge was held in the plant 30 to 60 days and if a problem were to be detected it would 48 then be removed by a special company. 49 50 Ms. Makela told the Council that in 1982 the Industrial Pre-Treatment Ordinance was written and all 51 industries are checked and they do adhere to regulations. Ms. Makela explained that in 1984 the digestors 52 were cleaned of any contaminated sludge and in 1985 the sludge application program was started statewide. 53 In 1987 the State granted approval to participate and in 1988 Wayne County approved zoning for the 54 application of sludge. 55 56 Ms. Makela stated that the City of Richmond applied sludge in the 40's and 50's with no regulations and now 57 there are strict regulations. She added that other cities use sludge as commercial fertilizer on public 58 facilities. 59 60 Ms. Makela said the Sanitary District has not developed the application process for their own use, but follow 61 the mandates of the State and it is monitored prior to application for PCB's and heavy metals in order that it 62 be used in a wise agricultural manner. She said the new EPA regulations include septic tank waste as 63 sludge making all waste in the County affected. 64 65 Ms. Makela explained she could reference studies showing no significant health risk with low rate application and the new EPA regulations support the application of sludge as a beneficial use of sewage sludge. Common Council Minutes Cont'd April 3, 1989 Page 6 1 Ms. Makela addressed the well at Garrison School and explained it was 112 ft. deep and covered with clay 2 soil and gravel soil. She said the clay soil will tie up any heavy metals retained in the sludge and the EPA 3 indicates the well is well protected. Ms. Makela said the Airport land meets a lot of technical criteria with 111 4 deep drainage tiles and good soil properties. 5 6 Ms. Makela warned the Council that the fate of the application program may rest with their decision on this 7 ordinance. 8 9 Councilmember Morris asked Ms. Makela to identify her credentials and Ms. Makela stated she was the 10 Environmental Manager of the Sanitary District with eight years of experience in the treatment plant. 11 12 Councilmember Morris stated that Mr. Ralph Willis had indicated there was no crises if they were not able to 13 use the Airport land and did Ms. Makela feel the concern and apprehension was worth using the land for the 14 application. 15 16 j Ms. Makela said the land was a technically superior field and area and they preferred to do the application 17 there rather than less suited land because it was in the"boonies". 18 19 Councilmember asked what procedures the farmers went through to receive the sludge applications and Ms. 20 Makela explained soil samples are taken, surrounding water, soil and bedrock is evaluated and the legal 21 descriptions are submitted to the State for permission and then the County for proper zoning with the 22 process taking 1 to 11/2 years. 23 24 Councilmember Paust asked about record keeping on the trucks that haul the sludge and how many fields in 25 the Airport would be used for the application. 26 j 27 Ms. Makela reported that they know the volume of each truck and evaluate the sludge for PCB's in the plant 28 I and also take samplings from each truck. The gallonage for each field and the concentration is known. She 29 '' said there are maximums that can be applied based on life time accumulations. 30 31 Councilmember Paust commented his fears were problems developing 10 to 15 years from now and Ms. 32 Makela informed the Council that monthly reports were submitted to the County Extension Office and Health 33 Departments and annual reports to the EPA and if 80% of the accumulated total is applied it will be be so 34 noted on the deed of the property. 35 36 Ms. Makela said with the low application rates, they could exceed 20 years of applications and the major 37 concerns of the farmers are the nitrogen and phosphorus being added to the soil. Ms. Makela explained the 38 application process and that the Airport property would be limited to only soil injection. She added that if it is 39 properly digested, there is only a musty smell connected with application and the smell will disappear as 40 soon as the ground is turned over. 41 42 Ms. Makela informed the Council that sludge applications were made in December directly across 43 Niewoehner Road from Garrison School without complaints. 44 45 Speaking in opposition to Am•:nded Ordinance No. 7-1989 was Ms. Jeannie Magaw, 5774 St. Rd. 227 46 South. Ms. Magaw presented the Council petitions and letters from Garrison School parents and expressed 47 her concerns with the long range effects on water in the area. She also shared some articles regarding 48 sludge application in Gratis and spoke of other articles regarding the build up of PCB's and the fact that they 49 can never be removed. 50 51 Councilmember Elstro asked Ms. Magaw if she was aware of any smell with application made in December 52 and Ms. Magaw said she was not. 53 54 Also speaking in opposition was Dr. Paul Bergfelder, Breckenridge Dr., Richmond, IN. Dr. Bergfelder said 55 as a parent he was concerned that any risk was too great for children. He said 450 children and digested 56 sewage sludge do not go together. Dr. Bergfelder added the track record for the Environmental 57 Management was not very good and he was concerned with toxins that we might not even be aware of yet. 58 He said he did not want the sludge in the school yard. 59 60 Ms.Jean Stoner, 432 South 16th St., told the Council she had family and friends in the Boston, In area and 111 61 wondered if the application of sludge was absolutely safe would the Sanitary District guarantee it and pay for 62 testing and replacement of the water supply if necessary. 63 64 Ms. Nancy Cox, 4407 St. Rd. 227 South, expressed her concern for the children at Garrison School. She 65 spoke of two newspaper article.,.showing asbestos found in treated sewage and that Baer Field in Ft. Wayne �I Common Council Minutes Cont'd !April 3, 1989 Page 7 1 did not want the sludge application. She said that in 1985 the EPA had stopped the use as a fertilizer. Ms. 2 Cox said she has also seen many accidents on Boston Pike and she did not feel the convenience could 3 outweigh the concerns. She recommended it be placed somewhere else. 4 5 Ms. Tracy Ramsey of 217 North Salem, Boston, In. said she had spoken with a water specialist at Ball State 6 and had been informed that after awhile the clay cannot absorb and they do have real concerns with the 7 water in the area with 25 ft.wells. 8 9 Ms. Levara Specht, 240 South 14th Street, told the Council she had family in the area of the Airport. She 10 said that 30 gals of sludge per acre per year was a lot of sludge and there is still a problem with run off into a 11 creek at the rear of her family's property. She said she did not understand how they could take out the 12 PCB's, lead and mercury once it was in water and there was a real concern with the asbestos since 13 Richmond had an asbestos industry. 14 15 Ms. Specht said it was scary to think that ground could not be used for root crop for one year after sludge 16 applications. 17 Mr. Mike Rice, 4144 St. Rd. 122 East told the Council that golf courses thrived on fertilizer and the City 18 should show good faith and apply the sludge to the City owned gold courses before applying it to land in the 19 County. 20 21 Hearing no further comment, Councilmember Hankinson moved for engrossment of Amended Ordinance No. 22 7-1898,seconded by Councilmember Brookbank and on voice vote the motion was carried. 23 24 Councilmember Paust asked members of the audience with articles regarding the application of sludge to 25 please forward copies to him. 26 27 Councilmember Elstro moved to suspend the rules and move Amended Ordinance No. 7-1989 to third and 28 final reading and read by title only. The motion was seconded by Councilmember Brookbank and defeated 29 on a voice vote with Councilmember Paust voting no. 30 31 Councilmember Morris suggested that Ms. Makela allow persons in the community with questions to view the 32 treatment facility and the process of application to the fields. 33 34 Ms. Makela said there would be no problem with the cooperation of the weather. 35 36 Amended Ordinance No. 7-1989 will return on third and final reading on April 17, 1989. 37 38 ORDINANCE NO.12-1989 39 40 The Clerk read on second reading Ordinance No. 12-1989 -AN ORDINANCE AMENDING CHAPTER 154 41 OF THE MUNICIPAL CODE BEING ORDINANCE NO. 2325-1968 COMMONLY KNOWN AS THE ZONING 42 ORDINANCE OF THE CITY OF RICHMOND, INDIANA PROVIDING FOR THE REZONING OF PROPERTY 43 LOCATED AT 647 INDIANA AVENUE FROM C-4 GENERAL BUSINESS DISTRICT TO M-1 LIGHT 44 INDUSTRIAL SPECIAL USE DISTRICT AND AUTHORIZING THE SPECIAL USE OF SAID PROPERTY 45 FOR A VEHICLE IMPOUND STORAGE AREA. 46 47 President Hutton announced Ordinance No. 12-1989 was on public hearing. 48 49 Councilmember Morris informed the Council that the Plan Commission unanimously defeated the petition for 50 rezoning since it would permit an offensive use in a residential neighborhood with an impound area and 51 could cause further decline of property values. 52 53 Speaking against Ordinance No. 12-1989 was Mr. Rodney McCully of 14 Worley Court. He said he was 54 representing the neighbors in the area and they were against the impound area. He said that Mr. Stamper 55 had been in the area one year and had moved in automobiles and semi-trailers. Mr. McCully said they have 56 complained but there have been no changes and they would like to see the area cleaned up. He said since 57 the zoning was denied by the Plan Commission, Mr. Stamper has continued to move in vehicles. 58 59 Mr. Barden said the complaint has not been forwarded to the City Attorney for action and depending on the 60 decision of the Council tonight, he will pursue the proper legal remedies. 61 __ 62 Councilmember McBride asked why it would go to the City Attorney if it were a violation of the zoning 63 ordinance and Mr. Dan Dooley explained that the Plan Department had conversation with Mr. Stamper and 64 had no cooperation, but they had filed the petition to rezone. He said if the Common Council defeats the 65 ordinance he will request the City Attorney to file suit. 208 Common Council Minutes Cont'd April 3, 1989 Page 8 1 There being no further discussion, Councilmember Brookbank moved for engrossment, seconded by 2 Councilmember Parker and on unanimous voice vote the motion was carried. 3 4 Councilmember Brookbank moved to suspend the rules and move Ordinance No. 12-1989 to third and final 5 reading and read by title only, seconded by Councilmember Morris and on unanimous voice vote the motion 6 was carried. 7 8 The Clerk read Ordinance No. 12-1989 on third and final reading by title only. 9 10 Ordinance No. 12-1989 was defeated on the following call of the roll: 11 12 Ayes: None 13 Nays: Elstro, Lundy, Brookbank, Hankinson, McBride, Parker, Morris, Paust and Hutton (9) 14 15 ORDINANCE NO.14-1989 16 17 The Clerk read on second reading Ordinance No. 14-1989 -AN ORDINANCE AMENDING CHAPTER 154 18 OF THE MUNICIPAL CODE BEING ORDINANCE NO. 2325-1968 COMMONLY KNOWN AS THE ZONING 19 ORDINANCE OF THE CITY OF RICHMOND, INDIANA PROVIDING FOR THE REZONING OF PROPERTY 20 LOCATED AT 300 AND 314 NORTH 10TH STREET FROM R-4 MULTI-FAMILY RESIDENCE DISTRICT 21 TO R-4 SU MULTI-FAMILY RESIDENCE SPECIAL USE DISTRICT AND AUTHORIZING THE SPECIAL 22 USE OF SAID PROPERTY FOR A DAY CARE NURSERY AND ACCESSORY OFF-STREET PARKING 23 FACILITY. 24 25 President Hutton announced Ordinance No. 14-1989 was on public hearing. 26 27 Councilmember Morris informed the Council that the Plan Commission had voted unanimously in support of 28 the petition to rezone. She said they had wrestled with the residence being in an historic district, but it 29 would take 80,000. to restore the residence and the property had been for sale the past two years with no 30 interest. Councilmember Morris said the safety of the children at the day care nursery was also considered 31 with no accessible parking being available. The Plan Commission felt the parking facility would enhance the 32 neighborhood and it would be attractively screened. 33 34 Also speaking was Mr. Russell Schussler, Attorney at Law, representing the Richmond Day Nursery. Mr. 35 Schussler presented the Council a list of the Board of Directors of the nursery and a letter of support from an 36 adjoining property owner. He informed the Council that there were 67 children registered with the nursery 37 with around 50 in attendance daily. Mr. Schussler said the plans call for screening of the parking facility 38 with shrubs and trees and a separation from the playground. 39 40 Mr. Schussler said the Day Nursery provides a public service to working parents and the only interest in the 41 property at 314 North 10th Street is the Day Nursery and there could only be further decline of that property. 42 43 Mr. Schussler went over the guidelines to determine rezoning and expressed the fact that this petition met all 44 qualifications. 45 46 Also speaking was Mr. Todd Thompson, 9 Sedgwick Place, owner of the property at 314 North 10th Street, 47 told the Council that he had owned the property for seven years and it is an older home with the upkeep 48 being very costly. He said an estimate for restoration was 80,000. to 100,000. and there is not enough 49 income from the property to improve it. Mr. Thompson said the idea of the Day Nursery using the property 50 will benefit the area and the only interest he has had from the Historic Society was in any fixtures available 51 when the structure is removed. 52 53 Also speaking was Ms. Dorothy Coveny, 3535 Niewoehner Road. She said the children at the Day Nursery 54 range in age from three years to ten years and there is a great safety factor involved. She said when the 55 nursery was first located in that area sixty years ago, there were single family dwellings there, now they are 56 multi-family causing parking problems and safety problems for the children. She added their number one 57 priority was young people not historic preservation. 58 59 Ms. Cindy Hartman, 12 SW 15th Street, Director of the Richmond Day Nursery, told the Council she would 60 like to see the parking facility added for the safety of the children and staff. She said upkeep has always 61 been a priority of the nursery and the parking lot will be kept in the same manner. 62 63 There being no further discussion, Councilmember Brookbank moved for engrossment, seconded by 64 Councilmember Parker and on unanimous voice vote the motion was carried. 65 ---- Common-Council Minutes Cont'd - - - - _ April-3-1989 -- -- -- - -- - -------- - - - Page 9 1 Councilmember Morris moved to suspend the rules and move Ordinance No. 14-1989 to third and final 2 reading and read by title only, seconded by Councilmember McBride and on unanimous voice vote the 3 motion was carried. 4 5 Ordinance No. 14-1989 was adopted on the following call of the roll: 6 7 Ayes: Elstro, Lundy, Brookbank, Hankinson, McBride, Parker, Morris, Paust and Hutton (9) 8 Nays: None 9 10 ORDINANCE NO. 15-1989 11 12 The Clerk read on second reading Ordinance No. 15-1989 - AN ORDINANCE VACATING A CERTAIN 13 PUBLIC WAY WITHIN THE CITY OF RICHMOND, INDIANA BEING A FIFTEEN FOOT (15') ALLEY 14 RUNNING WEST OFF OF NORTH 6TH STREET BETWEEN BRIDGE AVENUE AND NORTH D STREET. 15 16 Mr. Barden examined the Proof of Publication and found it to be in order. Councilmember Morris moved to 17 accept and file the Proof of Publication, seconded by Councilmember Parker and on unanimous voice vote 18 the motion was carried. 19 20 I Ms. Morris informed the Council the Plan Commission approved the petition unanimously, with no 21 Iremonstrances being filed. 22 23 t There being no further discussion, Councilmember Hankinson moved for engrossment, seconded by 24 Councilmember Paust and on unanimous voice vote the motion was carried. 25 26 7 Councilmember Morris moved to suspend the rules and move Ordinance No. 15-1989 to third and final 27 i reading and read by title only, seconded by Councilmember Hankinson and on unanimous voice vote the 28 motion was carried. 29 30 Ordinance No. 15-1989 was adopted on the following call of the roll: 31 32 'Ayes: Elstro, Lundy, Brookbank, Hankinson, McBride, Parker, Morris, Paust and Hutton (9) 33 Nays: None 34 35 E ADJOURNMENT 36 37 There being no further business, on a motion duly made, seconded and passed, the meeting was 38 adjourned. 39 i 40 41 42 43 Sarah L. Hutton, President 44 45 46 47 48 49 ATTEST: - 50 51 Mary Merchanthouse,City Clerk 52 53 54 55 56 57 58 59 60 61 62 63 64 65 1 y I 210