HomeMy Public PortalAbout08-15-1988 a
10 5
PROCEEDINGS OF THE COMMON COUNCIL OF THE
CITY OF RICHMOND, INDIANA, AUGUST 15, 1988
1 The Common Council of the City of Richmond, Indiana met in regular session August 15,1988 at the hour of
2 7:30 P.M. in the Council Chambers in said City. President Morris presided with the following Councilmembers
3 present: Elstro,Williams, Brookbank, Hankinson, McBride, Parker, Hutton,and Paust. Absent: None. The
4 following business was had to-wit:
5
6 PLEDGE OF ALLEGIANCE
7
8 SILENT DEVOTIONS
9
10 APPROVAL OF MINUTES OF AUGUST 1 , 1988
11
12 Councilmember Brookbank moved to approve the minutes of the previous meeting as prepared, seconded
13 by Councilmember Hutton and on unanimous voice vote the motion was carried.
14
15 COMMUNICATIONS FROM THE MAYOR
16
17 Mayor Frank H.Waltermann reported on the Neighborhood Clean Up on the south side of town. He said that
18 fifty seven tons of trash had been removed during the clean up and seventeen persons worked from the
19 Street Department, Park Department, and Sanitary Department. Mayor Waltermann said that Phil Craft,
20 Inspector, had also worked for litter citations and abandoned vehicles and had tagged twenty eight vehicles.
21
22 The Mayor said the next clean up would be on the following Saturday and would include an area from North A
23 1 to the Railroad from 12th to 20th Streets.
24
25 Mayor Waltermann introduced Mr.Jim Russell, newly hired Executive Director of WCTV, Channel 16.
26
27 Mayor Waltermann addressed the Council regarding a the 1989 proposed budget and said the budget was
28 341,535.00 over the tax levy. He asked the Council to allow the excess in order to appeal to the State for
29 excess levy due to increases in utility rates and fire hydrant charges. Mayor Waltermann shared tax rates of
30 other cities of comparable size with the Council. The tax rates ranged from 5.08 to 3.46 with Richmond's
31 being only 2.90 currently.
32
33 The Mayor said of all the cities he investigated,that Richmond was his choice in which to live.
34
35 ; Councilmember Brookbank thanked the Mayor in advance for the clean up on the north side of Richmond.
36
37 President Morris said that several residents of the south side had expressed their gratitude for the clean up.
38
39 REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY
40
41 Mr. Barden reported the Board had awarded bids for the park maintenance complex,slurry seal projects and
42 approved a slight cost overrun on the IU East traffic signal. The Board had also acted on curb cut requests,
43 block party requests and had held several unsafe building hearings
44
45 Councilmember Elstro asked about the railroads.
46
47 Mr. Barden said he still felt they met the federal guidelines on safety and the City would have to make any
48 repairs or do any clean up at their own expense and possibly be able to recover expenses from the railroad.
49 Mr. Barden said the safety standards are for safety only and not comfort, but he was giving consideration to
50 having an engineering study completed to see if they did meet the federal safety guidelines.
51
52 President Morris asked about a class action suit and Mr. Barden said there was no real class and he felt the
53 only recourse was to do the work and bill the railroads and to authorize an engineering study to see if the
54 railroads meet Federal guidelines.
55
56 Councilmember Parker commented on the track east of NW 5th on NW L Street and that a serious accident
57 was going to happen at that location.
58
59 Councilmember McBride said that was a spur to AVCO and the railroad would not be concerned with it,but
60 rather the City should repair the track.
61
62 REPORTS FROM SPECIAL COMMITTEES
63
64 Transportation Committee
65
!j{
Common Council Minutes Cont'd
August 15,1988
Page 2
1 Councilmember Hutton reported that the Transportation Committee will be reviewing priorities.
2
3 REPORTS FROM STANDING COMMITTEES
4
5 Park Board
6
7 Councilmember Hutton reported that two new appointments had been made to the Park Board, Ms. Ann
8 Hanes and Mr.Jeff Jarecki replacing Pat Heiny and Arvie Brewer. She said they will be selling the bonds in
9 October with construction to begin in November. She also reported that Springwood Lake is not
10 contaminated and will be opened for use.
11
12 MISCELLANEOUS BUSINESS
13
14 Complaint of Body Shop on South 9th Street
15
16 Mrs.Gray, 1808 South 9th Street, told the Board that a body shop, paint shop and wrecking yard was being
17 operated at 1730 South 9th Street. She said they operate late into the night in a residential garage. Mrs.
18 Gray said they have been given thirty days to correct,but the cars are still there and more being added.
19
20 Councilmember Elstro said that they want the operation stopped now. He said he inspected the premises
21 and they were painting a car in the open on Sunday afternoon. He said some of the vehicles are not
22 repairable.
23
24 Mrs.Gray said the automobiles were tagged in April, but the tags were removed.
25
26 Councilmember Williams said he received a call on the situation about two weeks ago and did talk with Mr.
27 Bronston at that time and was told the City Attorney would be writing a letter to either correct the situation or
28 they would be cited.
29
30 Mrs.Gray said that when they operate at night and complaints are made,the operations always cease before
31 an officer can respond.
32
33 Councilmember Elstro said the neighborhood realizes they are zoned properly, but they are not using the
34 building properly.
35
36 Mr. Dan Dooley said the Planning Department is aware of the complaints. He said the area is zoned C-4 and
37 the problem is operating in a residential garage. He said the garage needs to be updated to a commercial
38 code. He said they have filed a plan with the State,but it has not yet been released. Mr. Dooley said they are
39 aware the vehicles have been tagged for tow, but the Police Department is reluctant since they say they are
40 being repaired.
41
42 President Morris added that the letter from Mr. Bronston dated August 9, 1988 stated that if the operations
43 are continuing on September 10, 1988, immediate action will be taken.
44
45 Mr.Dooley said they were given time to file with the State, hoping for a resolution of theproblem.
46
47 Mrs.Gray said the name of the person operating the body shop was Mr Jamie Cronk and is a tenant at 1730
48 South 9th Street.
49
50 RESOLUTIONS -
51
52 RESOLUTION NO. 10-1988
53
54 Councilmember Elstro moved to suspend the rules and read Resolution No. 10-1988 by title only,
55 seconded by Councilmember Paust and on unanimous voice vote the motion was carried.
56
57 The Clerk read by title only Resolution No. 10-1988 -A RESOLUTION AUTHORIZING APPEAL TO THE
58 STATE TAX COMMISSIONERS FOR RELIEF FROM PROPERTY TAX LEVY LIMITATIONS. •
59
60 City Controller, Marge Sweet explained it was a formality to authorize an an appeal for the tax levy limitations if
61 there are good grounds.
62
63 There being no further comment, Councilmember Elstro moved for adoption of Resolution No. 10-1988,
64 seconded by Councilmember Hutton and on unanimous voice vote the motion was carried.
65
10
Common Council Minutes Cont'd
August 15, 1988
Page 3
1 ORDINANCES
2
3 ORDINANCES ON FIRST READING
4
5 Councilmember Elstro moved to suspend the rules and read Ordinances No.53,54,55, 56,57 and 58-1988
6 on first reading by title only,seconded by Councilmember Williams and on unanimous voice vote the motion
7 was carried.
8
9 TRANSFER ORDINANCE NO. 53-1988
10
11 The Clerk read on first reading by title only Ordinance No.53-1988-AN ORDINANCE TO TRANSFER WITHIN
12 THE MOTOR VEHICLE HIGHWAY FUND.
13
14 Councilmember Brookbank moved to suspend the rules and move Ordinance No. 53-1988 to second
15 reading,seconded by Councilmember Williams and on unanimous voice vote the motion was carried.
16
17 The Clerk read Ordinance No.53-1988 on second reading.
18
19 President Morris announced Ordinance No.53-1988 was on public hearing.
20
21 Speaking for Ordinance No.53-1988 was Street Commissioner, Bill Hillard. Mr. Hillard told the Council that in
22 1986 they were able to purchase a used paving machine. He said the crew is now very professional and the
23 inefficiency of the paving equipment if taking away from the proficiency of the crews. Mr. Hillard stated they
24 now needed to update the equipment for a self propelled model and they can do the alley and narrow street
25 work in house much cheaper. He said they would still utilize contractors for the big jobs.
26
27 Mr. Hillard said the funds for the transfer were available because of three retirements this year that have not
28 been replaced.
29
30 Councilmember Brookbank asked if this would mean less curb and sidewalk work could be done with fewer
31 employees and Mr. Hillard said it was not manpower, but money that prevented more curb and sidewalk
32 repairs.
33
34 There being no further questions, Councilmember Hankinson moved for engrossment, seconded by
35 Councilmember Williams and on unanimous voice vote the motion was carried.
36
37 Councilmember Williams moved to suspend the rules and move Ordinance No. 53-1988 to third and final
38 reading,seconded by Councilmember Brookbank and on unanimous voice vote the motion was carried.
39
40 The Clerk read Ordinance No.53-1988 on third and final reading by title only.
41
42 Transfer Ordinance No.53-1988 was adopted on the following call of the roll:
43
44 Ayes: Elstro,Williams, Brookbank, Hankinson, McBride, Parker, Hutton, Paust and Morris (9)
45 Nays: None
46
47 APPROPRIATION ORDINANCE NO. 54-1988
48
49 The Clerk read on first reading by title only, Ordinance No. 54-1988 -AN ORDINANCE TO APPROPRIATE
50 WITHIN THE CONTINUING EDUCATION/TRAINING FUND.
51
52 President Morris announced Ordinance No.54-1988 would be advertised for public hearing.
53
54 ORDINANCE NO. 55-1988
55
56 The Clerk read on first reading by title only, Ordinance No. 55-1988 - AN ORDINANCE OF THE CITY OF
57 RICHMOND, INDIANA AUTHORIZING THE CONSENT OF THE CITY TO THE WAIVING OF RESTRICTIONS
58 ON MORTGAGING OF PROJECT REAL ESTATE, A PART OF THE FINANCING AGREEMENT UNDER
59 WHICH THE CITY OF RICHMOND ECONOMIC DEVELOPMENT BONDS, SERIES A AND B (CARDON III
60 PROJECT)WERE ISSUED.
61
62 Councilmember Elstro moved to suspend the rules and move Ordinance No. 55-1988 to second reading,
63 seconded by Councilmember Parker and on unanimous voice vote the motion was carried.
64
65 The Clerk read Ordinance No.55-1988 on second reading.
-
108
Common Council Minutes Cont'd
August 15, 1988
Page 4
1 President Morris announced Ordinance No.55-1988 was on public hearing.
2
3 Speaking for Ordinance No. 55-1988 was Mr. Willard Bowen, Attorney at Law, representing Cardon III
4 (Cherish Nursing Home). Mr. Bowen explained that Ordinance No. 13-1983 authorized the sale of
5 750,000.00 in Economic Development Bonds with Bank One as purchaser and trustee. He said the
6 ordinance allows a transfer of a third mortgage to Sullivan-Peoples State Bank and authorizes the Mayor and
7 Clerk to execute the appropriate documents.
8
9 There being no further questions, Councilmember Williams moved for engrossment, seconded by
10 Councilmember Brookbank and on unanimous voice vote the motion was carried.
11
12 Councilmember Williams moved to suspend the rules and move Ordinance No. 55-1988 to third and final
13 reading,seconded by Councilmember Brookbank and on unanimous voice vote the motion was carried.
14
15 The Clerk read Ordinance No.55-1988 on third and final reading by title only.
16
17 Transfer Ordinance No.55-1988 was adopted on the following call of the roll:
18
19 Ayes: Elstro,Williams, Brookbank,Hankinson, McBride, Parker, Hutton, Paust and Morris (9)
20 Nays: None
21
22 ORDINANCE NO. 56-1988
23
24 The Clerk read on first reading by title only,Ordinance No.56-1988-AN ORDINANCE AMENDING CHAPTER
25 154 OF THE MUNICIPAL CODE, BEING ORDINANCE NO. 2325-1968, COMMONLY KNOWN AS THE
26 ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA, PROVIDING FOR THE REZONING OF
27 PROPERTY LOCATED AT 1617 NORTH E STREET FROM R-3 ONE-TO-EIGHT FAMILY RESIDENCE TO
28 C-4 GENERAL BUSINESS DISTRICT.
29
30 President Morris assigned Ordinance No.56-1988 to the Plan Commission for advertised public hearing.
31
32 ORDINANCE NO. 57-1988
33
34 The Clerk read on first reading by title only,Ordinance No.57-1988-AN ORDINANCE AMENDING CHAPTER
35 154 OF THE MUNICIPAL CODE, BEING ORDINANCE NO. 2325-1968, COMMONLY KNOWN AS THE
36 ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA, PROVIDING FOR THE REZONING OF
37 PROPERTY LOCATED IN THE 3000 BLOCK OF CART ROAD FROM A-1 AGRICULTURAL TO A-1 SU
38 AGRICULTURAL SPECIAL USE AND AUTHORIZING-THE SPECIAL USE OF SAID PROPETY AS A
39 COMMERCIAL RECREATION FACILITY.
40
41 President Morris assigned Ordinance No.57-1988 to the Plan Commission for advertised public hearing.
42
43 ORDINANCE NO. 58-1988
44
45 The Clerk read on first reading by title only,Ordinance No.58-1988-AN ORDINANCE AMENDING ARTICLE
46 25 OF CHAPTER 154 OF THE MUNICIPAL CODE, BEING ORDINANCE NO. 2325=1968, COMMONLY
47 KNOWN AS THE ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA.
48
49 President Morris assigned Ordinance No.58-1988 to the Plan Commission for advertised public hearing.
50
51 ORDINANCES ON SECOND READING
52
53 ORDINANCE NO. 48-1988
54
55 The Clerk read on second reading,Ordinance No.48-1988-AN ORDINANCE FOR APPROPRIATIONS AND
56 TAX RATES(1989 BUDGET).
57
58 Mr. Barden examined the Proof of Publication and found it to be in order.
59
60 Councilmember Brookbank moved to accept and file the Proof of Publication, seconded by Councilmember
61 Williams and on unanimous voice vote the motion was carried.
62
63 President Morris announced that Ordinance No.48-1988 was on public hearing.
64
65 Councilmember Williams informed the Council there were a lot of items in this budget and it is necessary for
10 9
Common Council Minutes Cont'd
August 15, 1988
Page 5
1 the City to have a budget to operate. He asked if any members of the Council had contacted the Mayor
2 regarding any questions on the budget. He said he did not feel the Councilmembers had talked with the
3 Mayor and they did not have the right to play cat and mouse with the budget. He said there might be some
4 items that could be cut, but it is better to go in over levy and have to right to appeal.
5
6 Councilmember Elstro asked how much over levy the budget was and Mayor Waltermann said 341,535.00
7 and there are reasons for appeal.
8
9 City Controller, Marge Sweet also explained that as revenues change they might not be that much over. She
10 requested they not go in any lower than 270,000.00 over levy.
11
12 Councilmember Elstro asked if funds can be used within categories-without Council approval and Ms. Sweet
13 explained that departments can transfer within categories without Council action.
14
15 Speaking in favor of Ordinance No.48-1988 was Dr. Charlie Nelms. Dr. Nelms informed the Council that he
16 was representing WCTV, Channel 16 and their request for 20,000. He thanked the Council for the
17 opportunity to speak to the request and stated that WCTV, Inc. was composed of community people
18 dedicated to bring high quality local TV programming to East Central Indiana. He said this is needed because
19 the City of Richmond is overshadowed by the Ohio markets and the coverage is limited and brief. He added
20 that Channel 16 will give the public local news and events without interruption of advertising and commercials.
21
22 Dr. Nelms said this will be a learning experience for the community and the dollars allocated will allow
23 consistent programming of high quality. He said to accomplish they will need a professional staff and reliable
24 equipment and to also utilize trained volunteers. Dr. Nelms told the Council that WCTV would be a good
25 community resource with good educational and entertainment value.
26
27 Councilmember Paust said he concurred with what was said, but had a problem with the funding requests
28 continually going up.
29
30 Dr.Nelms said they realized the Council had limits and that hopefully WCTV can generate funds themself, but
31 the 20,000. is needed for staffing and they will try to match it with 20,000.from other sources.
32
33 !Mayor Waltermann explained the funding being requested is from unanticipated funds received from the
34 franchise fees with TCI. He said now with deregulation the fees are continuing to go up and these are excess
35 funds being requested.
36
37 President Morris commented on the advantage of Channel 16 to shut in people in the community.
38
39 Dr. Nelms said the new Executive Director was full of enthusiasm with lots of good ideas and he will be
40 assisting other community groups to use the channel.
41
42 Mr. James Russell, Executive Director of WCTV, told the Council that they will program for other groups or
43 assist groups with programming.
44
45 Mr. Hal Hanes, 906 Abington Pike, also addressed the Council regarding WCTV. Mr. Hanes said they would
46 like to do cablecasting of local sporting events and give coverage to the minor sports also. He said they would
47 also like to include such programming as local weather alerts, on trees, on the Arboretum, homebound
48 activities, traffic information, library outreach for children, local award ceremonies, etc. He said all this can be
49 done with volunteers under the direction of the director. He added they were off to a good start and WCTV
50 would benefit all parts of the community.
51
52 Councilmember Paust commented that he felt some advertising might benefit the channel in the future,since
53 there was a limit on how the City could assist.
54
55 Mr. Hanes indicated there were some legal restraints on advertising, but they were not opposed to funds
56 through sponsorships.
57
58 Also speaking for WCTV was Maggie Woodward, League of Women Voters. Ms.Woodward told the Council
59 that the League had adopted voter registration and election participation as a project and could see the
60 benefits of WCTV to better inform the citizens leading to a better city. She said this request will give back to
61 the community and allow some community input in the local programming.
62
63 There being no public comment, Councilmember Brookbank moved for engrossment, seconded by
64 Councilmember McBrideand on unanimous voice vote the motion was carried.
65
110
--� Common Council Minutes Cont'd
August 15, 1988
Page 6
1 Final adoption of Ordinance No.48-1988 will be on August 22, 1988.
2
3 APPROPRIATION ORDINANCE NO. 52-1988
4
5 The Clerk read on second reading Ordinance No.52-1988-AN ORDINANCE TO APPROPRIATE WITHIN
6 THE PARK BOND FUND$2,000,000. FROM THE PROCEEDS OF THE SALE OF PARK DISTRICT BONDS
7 FOR THE CONSTRUCTION AND RENOVATION OF PARK FACILITIES.
8
9 Mr. Barden examined the Proof of Publication and Proof of Posting and found them to be in order.
10 Councilmember Brookbank moved to accept and file the Proof of Publication and Proof of Posting,
11 seconded by Councilmember Hutton and on unanimous voice vote the motion was carried.
12
13 President Morris announced Ordinance No.52-1988 was on public hearing.
14
15 There being no public comment, Councilmember Hankinson moved for engrossment, seconded by
16 Councilmember Brookbank and on unanimous voice vote the motion was carried.
17
18 Councilmember Elstro moved to suspend the rules and move Ordinance No. 52-1988 to third and final
19 reading and read by title only, seconded by Councilmember Brookbank and on unanimous voice vote the
20 motion was carried.
21
22 The Clerk read Ordinance No.52-1988 on third and final reading by title only.
23
24 Appropriation Ordinance No.52-1988 was adopted on the following call of the roll:
25
26 Ayes: Elstro,Williams, Brookbank, Hankinson, McBride, Hutton,Parker, Paust and Morris (9)
27 Nays: None.
28
29 SET DATE FOR SPECIAL MEETING
30
31 President Morris explained the Council needed to set AUgust 22, 1988 for a special meeting for budget
32 adoption and there had also been a request to place a Resolution on the agenda for Economic Development
33 Bonds.
34
35 Councilmember Brookbank moved to set August 22, 1988 at 7:30 PM for a special meeting of the Common
36 Council for final adoption of the 1989 budget and to hear a Resolution for Bank Qualified Bonds for Friends
37 Fellowship Community, seconded by Councilmember Hutton and on unanimous voice vote the motion was
38 carried.
39
40 STATEMENT OF BENEFITS FORMS
41
42 Mr. Dooley said that there have been some Statement of Benefits forms filed and they are not entitled to any
43 tax deductions without approval of the Council. He suggested that the forms be submitted to the Clerk and
44 referred to a subcommittee of the Council for review and recommendation .
45
46 President Morris said she would appoint a three member committee for the Statement of Benefits for tax
47 abatement.
48
49 ADJOURNMENT
50
51 There being no further business, on a motion duly made, seconded and passed, the meeting was
52 adjourned.
53
54
55
56
57
58
59 Lynn Nepote Morris,President
60
61
62
63 ATTEST:
64 Mary Merchanthouse,City Clerk
65