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HomeMy Public PortalAbout11-07-1988 143 PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF RICHMOND. INDIANA. NOVEMBER 7. 1988 1 The Common Council of the City of Richmond, Indiana met in regular session November 7,1988 at the hour 2 of 7:30 P.M. in the Council Chambers in said City. President Morris presided with the following 3 Councilmembers present: Elstro, Brookbank, Hankinson, McBride, Parker, Hutton. Absent: Paust The 4 following business was had to-wit: 5 6 PLEDGE OF ALLEGIANCE 7 8 APPROVAL OF MINUTES OF OCTOBER 17 1988 9 10 Councilmember Brookbank noted she was in attendance at the previous meeting and had been shown 11 absent in the minutes. Councilmember Hankinson moved to approve the minutes of the previous meeting as 12 corrected,seconded by Councilmember Hutton and on unanimous voice vote the motion was carried. 13 14 COMMUNICATIONS FROM THE MAYOR 15 16 Mayor Waltermann reported to the Council on the progress of the parking lot south of the Elder Beerman 17 Store. He said the entire area will be improved with the completion of the lot and the beautification will 18 include landscaping the entire 6th Street side. 19 20 Mayor Waltermann said the Street Department was on schedule on leaf pick up and spoke of the exit 21 conference by the Indiana State Board of Accounts and the City of Richmond getting another excellent audit 22 review regarding the efficient operations with City funds. 23 24 REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY 25 26 Mr. Barden reported that the Board had awarded the bid for the roofing of Number 4 Firehouse, and set dates 27 to receive bids for Park Bond Projects. He said the Board had allowed GTE the use of public right of way for 28 conduits, had a report on the cable construction in Reeveston and approved the sale of the Depot to the 29 Urban Enterprise Association. 30 31 Councilmember Elstro asked about the traffic at the High School and the G Street Bridge project and Mr. 32 Barden said he had received an Interlocal Agreement from the County and that Mr. Willis and the County 33 Engineer were working on the project. He said this would be on the Board of Works Agenda on November 17, 34 1988. 35 36 Councilmember Elstro requested a copy of the Agreement with the County and Mr. Barden said he would 37 need the approval of both the Board of Works and the Council on the Agreement. 38 39 Councilmember Elstro asked about the renaming of a portion of North E Street to Grand Boulevard and the 40 authority of the Plan Commission in this matter. Mr. Barden read a portion of the Indiana Code allowing the 41 Plan Commission this right and said he felt the matter had been properly handled and the residents of the 42 area that are in disagreement have the right to take the matter to court. He said the renaming does not alter 43 the sequence of numbers on the street and the Plan Commission felt this area was distinguishable from the 44 rest of the Street. 45 46 Councilmember McBride thanked the Board of Works and the Street Department for getting the railroad 47 crossing on NW L repaired. 48 49 APPOINTMENT TO PUBLIC SAFETY COMMITTEE 50 51 President Morris appointed Councilmember Hutton to the Public Safety Committee to replace Marion 52 Williams. 53 54 REPORTS FROM SPECIAL COMMITTEES 55 56 None 57 58 REPORTS FROM STANDING COMMITTEES 59 60 Reid Hospital 61 62 Councilmember Brookbank reported that the Board had agreed to the purchase of a new CAT Scan at a cost 63 of 1,000,046.00 and that it has the capabilities for a high light fixture to do more detailed head scans. She 64 p also stated that Dr.John Mader had received the Humanities in Medicine award. 65 I I 144' Common Council Minutes Cont'd November 7,1988 Page 2 1 Urban Enterprise Association 2 3 Councilmember Parker reported the Urban Enterprise Association met on.November 1, 1988 and voted to 4 purchase and stabalize the Depot for possible future sale. He reported, as Council Liaison, he voted no. 5 6 Tax Abatement 7 8 President Morris announced there would be a report from the Tax Abatement Committee at the next meeting. 9 10 MISCELLANEOUS BUSINESS 11 12 Conditions of Temporary Storage of Impounded Animals- Violet Nelson 13 14 Ms. Violet Nelson, 116 North West H Street,told the Council of the temporary arrangements for impounded 15 animals being in a shack by the Police Garage and the unsanitary condiitons of the shack. She said that 16 animals picked up at night or on weekends were taken to this shack and not to the Animal Shelter. Ms. 17 Nelson reminded the Council that they supported the Animal Shelter and they might look into making proper 18 arrangements to enter the shelter on nights and weekends to put the animals in a more sanitary condition. 19 20 Ms. Nelson asked the members of Council to inspect the temporary facility and see if something could be 21 done to improve this situation. 22 23 Councilmember Elstro said he had checked with the Animal Control Officer and was informed the animals 24 were properly fed and were housed in the temporary shelter only until they could be moved to the Animal 25 Shelter on Monday. 26 27 Memorial for Councilmember Williams 28 29 Councilmember Elstro requested that a picture of Councilmember Williams be hung at the rear of the Council 30 Chambers in remembrance of Councilmember Williams and his twenty year service as the first black member 31 of Common Council. 32 33 President Morris requested Councilmember Elstro to organize and chair a committee to accomplish this. 34 35 RESOLUTIONS 36 37 RESOLUTION NO. 19-1988 38 39 Councilmember Elstro moved to suspend the rules and read Resolution No. 19-1988 by title only,seconded 40 by Councilmember Hankinson and on unanimous voice vote the motion was carried. 41 • 42 The Clerk read by title only Resolution No. 19-1988 - A RESOLUTION AUTHORIZING THE CITY OF 43 RICHMOND TO MAKE APPLICATION FOR THE PURPOSE OF BORROWING NINETY THOUSAND AND 44 00/100 DOLLARS($90,000.00)FROM THE STATE OF INDIANA INDUSTRIAL DEVELOPMENT LOAN FUND; 45 AND AUTHORIZES THE MAYOR OF THE CITY OF RICHMOND,FRANK H.WALTERMANN,TO ACT AS THE 46 AUTHORIZED REPRESENTATIVE OF THE CITY OF RICHMOND, INDIANA FOR THE PURPOSE OF 47 SECURING SAID LOAN. 48 49 Mr. Barden explained this Resolution replaces Resolution No. 16-1988 and addresses his concerns over the 50 unconstitutional assumption of the debt of a private party by the City. He said he has checked with the 51 Department of Commerce and the Attorney General and they recommended the change in language. 52 53 Councilmember Elstro moved for adoption of Resolution No. 19-1988,seconded by Councilmember Hutton 54 and on unanimous voice vote the motion was carried. 55 56 ORDINANCES 57 58 ORDINANCES ON FIRST READING 59 60 Councilmember Brookbank moved to suspend the rules and read Ordinances No.74, 75, 76,77,78, 78,80, 61 81 and 82-1988 on first reading by title only, seconded by Councilmember Parker and on unanimous voice 62 vote the motion was carried. 63 64 TRANSFER ORDINANCE NO. 74-1988 65 145 Common Council Minutes Cont'd November 7, 1988 Page 3 1 The Clerk read on first reading by title only Ordinance No. 74-1988-AN ORDINANCE TO TRANSFER WITHIN 2 THE GENERAL FUND-LAW DEPARTMENT 3 4 Councilmember Elstro moved to suspend the rules and move Ordinance No. 74-1988 to second reading, 5 seconded by Councilmember Hankinson and on unanimous voice vote the motion was carried. 6 The Clerk read Ordinance No.74-1988 on second reading. 7 8 President Morris announced Ordinance No.74-1988 was on public hearing. 9 10 Speaking for Ordinance No. 74-1988 was City Attorney, Ken Barden. Mr. Barden said the transfer was 11 needed to establish a ticker filing system and extra office supplies. 12 13 There being no further comment, Councilmember Elstro moved for engrossment, seconded by 14 Councilmember Parker and on unanimous voice vote the motion was carried. 15 16 Councilmember Elstro moved to suspend the rules and move Ordinance No.74-1988 to third and final reading 17 and read by title only,seconded by Councilmember Hankinson and on unanimous voice vote the motion was 18 carried. 19 20 The Clerk read Ordinance No. 74-1988 on third and final reading by title only. 21 22 'Ordinance No.74-1988 was adopted on the following call of the roll: 23 24 Ayes: Elstro, Brookbank, Hankinson, McBride, Parker, Hutton and Morris (7) 25 Nays: None 26 Absent: Paust 27 28 TRANSFER ORDINANCE NO. 75-1988 29 30 The Clerk read on first reading by title only Ordinance No.75-1988-AN ORDINANCE TO TRANSFER WITHIN 31 THE GENERAL FUND-FIRE DEPARTMENT 32 33 Councilmember Elstro moved to suspend the rules and move Ordinance No. 75-1988 to second reading, 34 I seconded by Councilmember McBride and on unanimous voice vote the motion was carried. 35 36 The Clerk read Ordinance No. 75-1988 on second reading. 37 38 President Morris announced Ordinance No.75-1988 was on public hearing. 39 40 'Speaking for Ordinance No. 75-1988 was Fire Chief, Don Trotter. Chief Trotter said the transfer was needed 41 {to pay for repairs for a gear box and pump and funds were available due to vacancies on the department and 42 the hiring procedures. He added the repairs would be made in house and the transfer would pay for the parts. 43 44 There being no further comment, Councilmember Hankinson moved for engrossment, seconded by 45 Councilmember Brookbank and on unanimous voice vote the motion was carried. 46 47 Councilmember Brookbank moved to suspend the rules and move Ordinance No. 75-1988 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.75-1988 on third and final reading by title only. 52 53 Ordinance No.75-1988 was adopted on the following call of the roll: 54 55 Ayes: Elstro, Brookbank, Hankinson, McBride, Parker, Hutton and Morris (7) 56 Nays: None 57 Absent: Paust 58 59 TRANSFER ORDINANCE NO. 76-1988 60 61 The Clerk read on first reading by title only Ordinance No.76-1988-AN ORDINANCE TO TRANSFER WITHIN 62 THE PARK FUND. 63 64 Councilmember Brookbank moved to suspend the rules and move Ordinance No. 75-1988 to second reading, 65 seconded by Councilmember Parker and on unanimous voice vote the motion was carried. 1 4 Common Council Minutes Cont'd November 7, 1988 Page 4 1 The Clerk read Ordinance No.76-1988 on second reading. 2 3 President Morris announced Ordinance No.76-1988 was on public hearing. 4 5 Speaking for Ordinance No. 76-1988 was Park Superintendent, Dean Bostrom. Mr. Bostrom said the 6 transfer was needed to pay for repairs on the old restroom building and it was not anticipated and included in 7 the budget because he was not aware of the immediacy of the need, but that it would have to be done before 8 winter. He added that the 7,000.00 is being transferred not because it is not needed in other areas, but this 9 is priority that needs to be addressed. 10 11 There being no further comment, Councilmember Brookbank moved for engrossment, seconded by 12 Councilmember Hankinson and on unanimous voice vote the motion was carried. 13 14 Councilmember Brookbank moved to suspend the rules and move Ordinance No.76-1988 to third and final 15 reading and read by title only, seconded by Councilmember Elstro and on unanimous voice vote the motion 16 was carried. 17 18 The Clerk read Ordinance No.76-1988 on third and final reading by title only. 19 20 Ordinance No.76-1988 was adopted on the following call of the roll: 21 22 Ayes: Elstro, Brookbank, Hankinson, McBride, Parker, Hutton and Morris (7) 23 Nays: None 24 Absent: Paust 25 26 TRANSFER ORDINANCE NO. 77-1988 27 28 The Clerk read on first reading by title only Ordinance No.77-1988-AN ORDINANCE TO TRANSFER WITHIN 29 THE PUBLIC TRANSIT FUND. 30 31 Councilmember Brookbank moved to suspend the rules and move Ordinance No. 77-1988 to second 32 reading,seconded by Councilmember Elstro and on unanimous voice vote the motion was carried. 33 34 The Clerk read Ordinance No.77-1988 on second reading. 35 36 President Morris announced Ordinance No.77-1988 was on public hearing. 37 38 Speaking for Ordinance No. 77-1988 was City Controller, Marge Sweet. Ms. Sweet said the transfer was 39 needed for gasoline for the balance of the year. She explained she had paid the insurance from the City 40 budget and this would constitute the City match and the funds were free to be transferred. She added the 41 need for gasoline was due in part to the County expansion. 42 43 President Morris asked for an update on the County expansion. 44 45 Councilmember Hankinson requested a mileage report on the expansion and it was suggested that the 46 transfer remain on second reading for the additional information. 47 48 Councilmember Elstro commented that the Council had passed the 1989 operating budget in tact and that he 49 would be scrutinizing any transfer requests next year. 50 51 ORDINANCE NO. 78-1988 52 53 The Clerk read on first reading by title only Ordinance No. 78-1988 - AN ORDINANCE AMENDING THE 54 RICHMOND CITY CODE, BY ENACTING AN ARTICLE TO BE ENTITLED "ADULT MOTION PICTURE 55 ARCADES"; PROVIDING A STATEMENT OF PURPOSE; PROVIDING DEFINITIONS; REGULATING THE 56 MANNER OF OPERATION OF"ADULT MOTION PICTURE ARCADES". 57 58 President Morris referred Ordinance No. 78-1988 to the Public Safety Committee and for it to be advertised 59 for public hearing of the Common Council on November 21, 1988. She requested a Committee report for that 60 meeting. 61 62 Councilmember Brookbank set a meeting of the Public Safety Committee for November 14, 1988 at 7:30 PM 63 in the Board of Works Room. 64 65 1 4 7 `Common Council Minutes Cont'd November 7, 1988 Page 5 1 ORDINANCE NO. 79-1988 2 3 The Clerk read on first reading by title only Ordinance No. 79-1988 - AN ORDINANCE AMENDING 4 ORDINANCE 29-1987 PROVIDING FOR A TECHNICAL CORRECTION OF THE LEGAL DESCRIPTION 5 CONTAINED IN SECTION ONE OF SAID ORDINANCE. 6 7 President Morris assigned the Ordinance to the Plan Commission. 8 9 Mr. Barden commented that this does not reopen the zoning issue, but only corrects the legal description to 10 reflect the Greenbelt area. 11 12 ORDINANCE NO. 80-1988 13 14 The Clerk read on first reading by title only,Ordinance No.80-1988-AN ORDINANCE AMENDING CHAPTER 15 154 OF THE MUNICIPAL CODE, BEING ORDINANCE NO. 2325-1968, COMMONLY KNOWN AS THE 16 ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA PROVIDING FOR THE REZONING OF 17 PROPERTY LOCATED ON THE WEST SIDE OF STRAIGHTLINE PIKE IN THE 1900 BLOCK, FROM R-2 18 SINGLE FAMILY RESIDENCE DISTRICT TO C-4 GENERAL BUSINESS DISTRICT. 19 20 President Morris assigned Ordinance No. 80-1988 to the Plan Commission for public hearing. 21 22 ORDINANCE NO. 81-1988 23 24 The Clerk read on first reading by title only, Ordinance No. 81-1988 - AN ORDINANCE GRANTING 25 PRELIMINARY APPROVAL TO A COMMERCIAL DEVELOPMENT UNIT PROJECT IN A R-2 SINGLE FAMILY 26 RESIDENCE DISTRICT AND C-2 COMMERCIAL DISTRICT ON PROPERTY LOCATED ON THE WEST SIDE 27 OF CHESTER BOULEVARD IN THE 2300 BLOCK,PURSUANT TO ARTICLE 45 AND 48 OF CHAPTER 154 OF 28 THE CODE OF ORDINANCES, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF 29 RICHMOND, INDIANA. 30 31 President Morris assigned Ordinance No. 81-1988 to the Plan Commission for public hearing. 32 33 ORDINANCE NO, 82-1988 34 35 The Clerk read on first reading by title only, Ordinance No. 82-1988 -AN ORDINANCE OF THE COMMON 36 COUNCIL OF THE CITY OF RICHMOND, INDIANA MAKING AMENDMENTS TO CHAPTER 76: TRAFFIC 37 SCHEDULES OF THE RICHMOND CITY CODE. 38 39 Councilmember Brookbank moved to suspend the rules and move Ordinance No. 82-1988 to second reading, 40 seconded by Councilmember Hankinson and on unaimous voice vote the motion was carried. 41 42 President Morris announced Ordinance No.82-1988 was on public hearing. 43 44 Councilmember Elstro asked exactly what the intent of the ordinance was and Mr. Barden explained that 45 making Sixth Street two way traffic will help to alleviate the parking problem with Elder Beerman and will help 46 facilitate the traffic flow in the downtown area. 47 48 Councilmember Elstro commented that he felt when the promenade was put in, the one way alternating 49 streets were put in place as the best means of traffic control. 50 51 Mayor Waltermann explained that this would allow entrance to the new parking lot on 6th Street and make it 52 convenient for the customers of the downtown area. He said that persons in the area had been interviewed 53 along with the Downtown Merchants and that a majority were in favor of the change to two way traffic. 54 55 Councilmember Parker asked if someone went door to door in the area and Mayor Waltermann said that an 56 attempt had been made door to door to contact everyone in the area. He added that the change in traffic flow 57 would also facilitate shoppers in the Old Richmond Court area to have better access to the downtown area. 58 59 Councilmember Parker asked about the entrance to the parking lot on North 6th and the Mayor said that the 60 entrance can be redesigned to handle two way traffic. 61 62 Councilmember McBride asked if 7th Street wasn't the same situation and Mayor Waltermann explained it 63 was, but 6th Street was a shorter street since it only goes from Fort Wayne Avenue to South E Street. 64 65 President Morris asked if the Council could see the petitions. 148 • Common Council Minutes Cont'd November 7, 1988 Page 6 1 Councilmember Hankinson asked if there would be any affect on the License Bureau and Mayor Waltermann 2 said it would make it easier to get there. 3 4 Councilmember Hutton asked about the safety of persons crossing to the Library with two way traffic and 5 Councilmember Parker also requested to see the petitions since he had received calls both for and against. 6 7 Mr. Barden said the Board of Works would be glad to put this item on the Agenda on November 17, 1988 for 8 discussion and report back to the Council. 9 10 It was requested that information be received from the Library. 11 12 The Council decided to let Ordinance No.82-1988 remain on public hearing to November 21, 1988. 13 14 ORDINANCES ON SECOND READING 15 16 ORDINANCE NO. 72-1988 17 18 The Clerk read on second reading Ordinance No.72-1988-AN ORDINANCE AMENDING CHAPTER 154 OF 19 THE MUNICIPAL CODE, BEING ORDINANCE NO. 2325-1968, COMMONLY KNOWN AS THE ZONING 20 ORDINANCE OF THE CITY OF RICHMOND, INDIANA PROVIDING FOR THE REZONING OF PROPERTY 21 LOCATED AT 1804 RICH ROAD, FROM M-2 GENERAL INDUSTRIAL DISTRICT TO R-2 SINGLE FAMILY 22 RESIDENCE DISTRICT. 23 24 President Morris announced Ordinance No.72-1988 was on public hearing. 25 26 There being no comment, Councilmember Hankinson moved for engrossment of Ordinance No. 72-1988, 27 seconded by Councilmember Brookbank and on unanimous voice vote the motion was carried. 28 29 Councilmember Brookbank moved to suspend the rules and move Ordinance No.72-1988 to third and final 30 reading and read by title only, seconded by Councilmember Hankinson and on unanimous voice vote the 31 motion was carried. 32 33 The Clerk read Ordinance No.72-1988 on third and final reading by title only. 34 35 Ordinance No.72-1988 was adopted on the following call of the roll: 36 37 Ayes: Elstro, Brookbank, Hankinson, McBride, Parker, Hutton and Morris (7) 38 Nays: None 39 Absent: Paust 40 41 ADJOURNMENT 42 43 There being no further business,on a motion duly made,seconded and passed,the meeting was adjourned. 44 45 46 47 Lynn Nepote Morris,President • 48 49 50 51 ATTEST: 52 Mary Merchanthouse,City Clerk 53 54 55 56 57 58 59 60 61 62 63 64 65