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HomeMy Public PortalAbout06-06-1988 75 PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA. JUNE 6, 1988 1 The Common Council of the City of Richmond, Indiana met in regular session June 6, 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 MAY 16. 1988 11 12 Councilmember Hankinson moved to approve the minutes of the previous meeting as prepared, seconded 13 by Councilmember Paust and on unanimous voice vote the motion was carried. 14 15 REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY 16 17 Mr. Barden informed the Council that since he had not been in attendance at the last Board meeting, he 18 would waive any report and they could refer to the published minutes. 19 20 REPORTS FROM STANDING COMMITTEES 21 22 Reid Hospital 23 24 Councilmember Brookbank reported they had appointed a new Director of Dietary and and placed new 25 energy efficient equipment in the laundry allowing a 75,000.00 savings per year. She also said they had 26 spent 250,000.for electric transformers to replace those with PCB's and had changed long distance carriers. 27 28 MISCELLANEOUS BUSINESS 29 30 President Morris welcomed Councilmember Hankinson back,informing him he was missed. 31 32 Councilmember Williams commented on the fence at Glazers finally being put up after eighteen years. He 33 thanked the City Plan Department for all their assistance. 34 35 Councilmember Paust said he had received a complaint on the portable classrooms at Charles School from 36 the neighbors in the area. He said the placement of the classrooms in the front of Charles had not helped the 37 aesthetics of the area and he was surprised this was allowed. 38 39 Mr. Dooley explained that due to the nature of the structure, the Plan Department treated them like 40 permanent structures, even though the use is only temporary. He said with this consideration they were 41 allowed to be placed in that location. 42 43 Councilmember Paust said the classrooms were not an asset and there was adequate space for them to have 44 been placed at the rear of the property. He said the Council might want to give consideration to this issue for 45 the future. 46 47 President Morris announced they would proceed with the agenda as printed and would interrupt when 48 necessary for the presentation of the Soviet Delegation with the Sister Cities Program. 49 50 ORDINANCES 51 52 ORDINANCES ON FIRST READING 53 54 Councilmember Paust moved to suspend the rules and read Ordinances No. 38, 39 and 40-1988 on first 55 reading by title only, seconded by Councilmember Brookbank and on unanimous v oice vote the motion was 56 carried. 57 58 ORDINANCE NO. 38-1988 59 60 The Clerk read on first reading by title only Ordinance No.38-1988-AN ORDINANCE FIXING THE ANNUAL 61 SALARIES OF ALL ELECTED OFFICERS OF THE CITY OF RICHMOND, INDIANA. 62 63 ° President Morris announced this Ordinance would be advertised for public hearing on July 5, 1988. 64 65 IORDINANCE NO. 39-1988 ° - I Common Council Minutes Cont'd June 6, 1988 Page 2 1 The Clerk read on first reading by title only Ordinance No. 39-1988 - AN ORDINANCE SETTING TOTAL 2 REGULAR WAGES AND POSITIONS FOR APPOINTED OFFICERS AND EMPLOYEES OF THE CITY OF 3 RICHMOND, INDIANA EXCEPT FOR MEMBERS OF THE POLICE AND FIRE COLLECTIVE BARGAINING 4 UNITS, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1989 AND ENDING DECEMBER 31, 1989, 5 APPROVING THE ADDITIONAL COMPENSATION TO CERTAIN APPOINTED OFFICIALS OF THE CITY, 6 OTHER THAN GOVERNMENTAL, WHO PERFORM SERVICES FOR THE CITY, WHICH SERVICES ARE 7 CONNECTED WITH THE OPERATION OF THE MUNICIPALLY OWNED UTILITY OR FUNCTIONS 8 THEREOF. 9 10 Councilmember Hankinson moved to suspend the rules and more Ordinance No. 39-1988 to second 11 reading,seconded by Councilmember Brookbank and on unanimous voice vote the motion was carried. 12 13 The Clerk read Ordinance No.39-1988 on second reading. 14 15 Councilmember Hutton requested Ordinance No. 39-1988 be held for public hearing on June 20, 1988 to 16 allow more time for the Council to study the ordinance. 17 18 APPROPRIATION ORDINANCE NO. 40-1988 19 20 The Clerk read on first reading by title only Appropriation Ordinance No. 40-1988 - AN ORDINANCE TO 21 APPROPRIATE WITHIN THE CUMULATIVE CAPITAL DEVELOPMENT FUND. 22 23 President Morris announced the Ordinance would be advertised for public hearing on June 20, 1988. 24 25 ORDINANCES ON SECOND READING 26 27 ORDINANCE NO. 4-1988 28 29 The Clerk read on second reading Ordinance No. 4-1988 -AN ORDINANCE AMENDING ARTICLE 62 OF 30 CHAPTER 154 OF THE MUNICIPAL CODE, BEING ORDINANCE NO.2325-1968, COMMONLY KNOWN AS 31 THE ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA. 32 33 President Morris explained the Ordinance would bring the City into compliance with state law regarding the 34 procedures for handling zoning ordinance, including allowing the Council to overturn n the decision of the 35 Plan Commission with a simple majority. She added that there were some amendments offered by the Plan 36 Commission that needed to be adopted by the Council. 37 38 Upon recommendation of the Plan Commission, Councilmember Brookbank moved to amend Ordinance No. 39 4-1988 in its entirety, seconded by Councilmember Hutton and on unanimous voice vote the motion was 40 carried. 41 42 There being no further discussion, Councilmember Hankinson moved for engrossment of Ordinance No. 43 4=1988,seconded by Councilmember Parker and on unanimous voice vote the motion was carried. 44 45 Councilmember Brookbank moved to suspend the rules and move Amended Ordinance No. 4-1988 to third 46 and final reading and read by title only, seconded by Councilmember Paust and on unanimous voice vote 47 the motion was carried. 48 49 The Clerk read Amended Ordinance No.4-1988 on third and final reading by title only. 50 51 Amended Ordinance No.4-1988 was adopted on the following call of the roll: 52 53 Ayes: Elstro,Williams, Brookbank, Hankinson, McBride, Parker, Hutton, Paust and Morris (9) 54 Nays: None 55 56 PRESENTATION OF SOVIET DELEGATION 57 58 President Morris interrupted the agenda with the arrival of the official delegation from USSR with the Sister 59 Cities Program. 60 61 Mayor Frank H. Waltermann introduced Mayor Ivan Khazinov from the City of Serpukhov and presented the 62 Sister Cities Treaty between Richmond and Serpukhov for execution by the representatives of the two 63 cities. 64 65 Mayor Waltermann and Mayor Khazinov each read the agreement in respective languages. 77 Common Council Minutes Cont'd June 6,1988 Page 3 1 Ms. Bridget Farley, interpretor for the delegation, introduced Mr.Vladimir Tamarov and Ms.Galina Fedoseev, 2 also a part of the official Soviet Delegation. 3 4 Following the official execution of the Sister Cities Treaty, Mayor Khazinov addressed the Common Council 5 and brought best regards from the people of Serpukhov and hopes that this agreement would be a step 6 toward the goal of complete cooperation in USSR and USA relations. 7 8 Mayor Khazinov told the Council of the interest of the people of the USSR and hoped the visit of President 9 Reagan was a step further in solidifying the friendship. He thanked the people of Richmond and expressed 10 his gratitude for the reception of the delegation. 11 12 President Morris told Mayor Khazinov the Council was honored to have the delegation and hoped this was 13 the first of many visits. 14 15 President Morris requested a five minute adjournment of Council to exchange greetings. 16 17 RECONVENE OF COUNCIL 18 19 President Morris reconvened the June 6, 1988 meeting of the Common Council and continued with the 20 regular business of the evening. 21 22 ORDINANCE NO. 30-1988 23 24 The Clerk read on second reading Ordinance No. 30-1988 - AN ORDINANCE REGULATING THE 25 CONSTRUCTION,ALTERATION, REPAIR, LOCATION AN USE OF BUILDINGS AND STRUCTURES I THE 26 CITY OF RICHMOND, INDIANA; PROVIDING FOR THE ISSUANCE OF PERMITS THEREFOR;PROVIDING 27 PENALTIES FOR THE VIOLATION THEREOF; AND REPEALING ALL ORDINANCES AND PARTS OF 28 ORDINANCES IN CONFLICT THEREWITH. 29 30 Mr. Barden examined the Proof of Publication and found it to be in order. Councilmember Brookbank moved 31 to accept and file the Proof of Publication,seconded by Councilmember Parker and on unanimous voice vote 32 the motion was carried. 33 34 President Morris announced Ordinance No.30-1988 was on public hearing. 35 36 Councilmember Elstro asked if this Ordinance had major changes and Mr. Dooley explained the only major 37 change was the reinspection fee that would be charged when work was discovered without a permit. 38 39 Hearing no further comment, Councilmember Hankinson moved for engrossment of Ordinance No.30-1988, 40 l seconded by Councilmember Paust and on unanimous voice vote the motion was carried. 41 42 Councilmember Williams moved to suspend the rules and move Ordinance No. 30-1988 to third and final 43 reading and read by title only,seconded by Councilmember Hutton and on unanimous voice vote the motion 44 was carried. 45 46 The Clerk read Ordinance No.30-1988 on third and final reading by title only. 47 48 'Ordinance No.30-1988 was adopted on the following call of the roll: 49 50 Ayes: Elstro,Williams, Brookbank, Hankinson, McBride, Parker, Hutton,Paust and Morris (9) 51 Nays: None 52 53 ORDINANCE NO. 31-1988 54 55 The Clerk read on second reading only Ordinance No. 31-1988 -AN ORDINANCE PROVIDING FOR THE 56 INSPECTION, REPAIR OR REMOVAL OF UNSAFE BUILDINGS WITHIN THE CITY AND REPEALING ALL 57 ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT THEREWITH. 58 59 Mr. Barden examined the Proof of Publication and found it to be in order. Councilmember Parker moved to 60 accept and file the Proof of Publication, seconded by Councilmember Brookbank and on unanimous voice 61 vote the motion was carried. 62 63 President Morris announced Ordinance No.31-1988 was on public hearing. 64 65 Mr. Dooley informed the Council that there were no significant changes,only updates to bring the current .�.,8 Common Council Minutes Cont'd June 6, 1988 Page 4 1 ordinance in compliance with state law changes. 2 3 Being no further comment, Councilmember Hankinson moved for engrossment of Ordinance No. 31-1988, 4 seconded by Councilmember Hutton and on unanimous voice vote the motion was carried. 5 6 Councilmember Elstro moved to suspend the rules and move Ordinance No. 31-1988 to third and final 7 reading and read by title only, seconded by Councilmember Paust and on unanimous voice vote the motion 8 was carried. 9 10 The Clerk read Ordinance No. 31-1988 on third and final reading by title only. 11 12 Ordinance No.31-1988 was adopted on the following call of the roll: 13 14 Ayes: Elstro,Williams, Brookbank, Hankinson, McBride, Parker, Hutton, Paust and Morris (9) 15 Nays: None 16 17 ORDINANCE NO. 32-1988 18 19 The Clerk read on second reading Ordinance No.32-1988-AN ORDINANCE APPROVING THE ISSUANCE 20 AND SALE OF PARK DISTRICT BONDS NOT TO EXCEED TWO MILLION DOLLARS BY THE RICHMOND 21 PARKS AND RECREATION BOARD FOR THE PURPOSE OF PROVIDING FUNDS TO BE APPLIED ON 22 THE COST OF CONSTRUCTION OF NEW PARK AND RECREATIONAL FACILITIES. 23 24 Mr. Barden examined the Proof of Publication and found it to be in order. Councilmember Williams moved to 25 accept and file the Proof of Publication, seconded by Councilmember Hutton and on unanimous voice vote 26 the motion was carried. 27 28 President Morris announced Ordinance No.32-1988 was on public hearing and requested public comments 29 be restricted to no longer than three minutes per person and that the comments not be redundant. 30 31 Speaking for Ordinance No. 32-1988 was Mr. Earl Sharp, President of the Park Board. Mr. Sharp told the 32 Council that the bond issue started at 3.5 million dollars and was now reduced to 2.0 million with acquisition of 33 Southview School. Mr. Sharp said that 2,000,000.00 was a lot of money and a lot of responsibility and if the 34 Council approved the sale of the bonds, the Park Board would be dedicated to the prudent expenditure of 35 that money and the public would be well pleased with the outcome. 36 37 Mr. James Wolfe, 815 Peacock Road, spoke to the Council representing the Tennis Society. Mr Wolfe 38 informed the Council he was in favor of th entire bond issue, but was particularly concerned with the 39 improvement of the Clear Creek tennis courts. 40 41 Mr. Kent Klinge,Attorney at Law, representing the Park Board, informed the Council, he was there to answer 42 technical questions the Council might have regarding the bond issue. He said if the Council passes the 43 Ordinance,the period for remonstrances will end on June 14, 1988 and then the technical end of the sale 44 will proceed. 45 46 Mr. Klinge said this if the final public hearing, and the Park Board has gone to the public for input and been 47 extremely fair in the process. 48 49 Mr.Jean Killow, representing financial consultants for the bond sale, informed the Council that the Park has 50 the financial capabilities to undertake the project and sell the bonds. She said for an example if the bonds 51 sold at 8 3/4% the tax impact would be .160/hundred assessed valuation with the 2,000,000.00 being 52 amortized over ten years. 53 54 Mr.Joe Harshman, 1436 Ratliff Street, representing the Middlefork Board Club, informed the Council that it 55 was time improvements were made to the Middlefork Reservoir for the safety of the people. He said the 56 Senior Citizens really enjoy the reservoir and need a safe and adequate place to get to their boats. 57 58 Ms. Pat Heiny, Vice President of the Park Board, encouraged the Council to support the Ordinance 59 approving the issuance of the bonds. She said this encouragement was coming from all who signed the 60 petitions and indicated their support of the project. She said the Council needs to keep in mind the 61 responsibility to provide green space and adequate recreational facilities. Ms. Heiny thanked the Council for 62 all their input and cooperation. 63 64 Mr. Arvie Brewer, member of the Park Board, told the Council the Board worked hard on the bond issue, 65 worried about making the reduction in the amount to be requested and made every effort to make certain it 79 Common Council Minutes Cont'd June 6, 1988 Page 5 1 was an acceptable bond issue. He encouraged the support of the Council. 2 3 There was no one speaking in opposition to the issuance of the bonds. 4 5 There being no further public comment, Councilmember Williams moved for engrossment of Ordinance No. 6 32-1988,seconded by Councilmember Elstro and on unanimous voice vote the motion was carried. 7 8 Councilmember Elstro moved to suspend the rules and move Ordinance No. 32-1988 to third and final 9 reading and read by title only,seconded by Councilmember Paust and on unanimous voice vote the motion 10 was carried. 11 12 The Clerk read Ordinance No.32-1988 on third and final reading by title only. 13 14 Prior to voting, Councilmember Williams commented that he would support the 2,000,000.00 bond issue. He 15 said he was concerned with the bonds until the Park Board reduced the amount requested and he believes 16 the Board reduced the funding amount for the good of the citizens. 17 18 Councilmember Brookbank said she still had a couple of areas of concern and will watch for those areas. She 19 hoped the Board would spend the money fruitfully. 20 21 President Morris thanked the all volunteer members of the Park Board for the time they devoted to the bond 22 issue and expressed her appreciation for their work. 23 24 Councilmember Elstro commented that he was getting the Senior Center in his district, but he still had no 25 playgrounds in District 1. He said he would certainly like to see a satellite pool in his area. 26 27 Ordinance No.32-1988 was adopted on the following call of the roll: 28 29 Ayes: Elstro,Williams, Brookbank,Hutton,Paust and Morris (6) 30 Nays: Hankinson,McBride and Parker (3) 31 32 ORDINANCE NO. 34-1988 33 34 The Clerk read on second reading Ordinance No. 34-1988 -AN ORDINANCE TO VACATE A CERTAIN 35 PUBLIC WAY WITHIN THE CITY OF RICHMOND, INDIANA,BEING THAT PORTION OF A TWENTY-FOUR(24) 36 FOOT ALLEY RUNNING SOUTH OFF OF THE SOUTH SERVICE DRIVE BETWEEN SOUTH 6TH STREET 37 AND SOUTH 7TH STREET. 38 39 Mr. Barden examined the Proof of Publicaton and found it to be in order. Councilmember Brookbank moved 40 to accept and file the Proof of Publication, seconded by Councilmember McBride and on unanimous voice 41 vote the motion was carried. 42 43 President Morris announced Ordinance No.34-1988 was on public hearing. 44 45 Speaking for Ordinance No. 34-1988 was Mr. Walter Chidester, Attorney at Law, representing the petitioner 46 West End Savings Bank. Mr.Chidester told the Council the portion of the alley to be vacated was a 24 ft.by 47 160 ft. alley south of the South service drive between South 6th and 7th Streets. He said the alley has been 48 used as part of a parking facility since 1974 and should have been vacated at that time. Mr. Chidester 49 explained that West End and the City of Richmond would each receive one half of the vacated alley. 50 51 There being no further public comment, Councilmember Hankinson moved for engrossment of Ordinance 52 No.34-1988,seconded by Councilmember Paust and on unanimous voice vote the motion was carried. 53 - 54 Councilmember Williams moved to suspend the rules and move Ordinance No. 34-1988 to third and final 55 reading and read by title only,seconded by Councilmember Hutton and on unanimous voice vote the motion 56 was carried. 57 58 The Clerk read Ordinance No.34-1988 on third and final reading by title only. 59 60 Ordinance No.34-1988 was adopted on the following call of the roll: 61 62 Ayes: Elstro,Williams, Brookbank, Hankinson, McBride, Parker, Hutton, Paust and Morris (9) 63 Nays: None 64 65 ORDINANCE NO. 35-1988 I 4 80 Common Council Minutes Cont'd June 6, 1988 Page 6 1 The Clerk read on second reading Ordinance No.35-1988-AN ORDINANCE AMENDING CHAPTER 154 OF 2 THE MUNICIPAL CODE BEING ORDINANCE NO. 2325-1968, COMMONLY KNOWN AS THE ZONING 3 ORDINANCE OF THE CITY OF RICHMOND, INDIANA PROVIDING FOR THE REZONING OF PROPERTY 4 LOCATED AT 1435 NORTHWEST 5TH STREET FROM C-4 GENERAL BUSINESS DISTRICT TO C-4 5 SPECIAL USE DISTRICT, AND AUTHORIZING THE SPECIAL USE OF SAID PROPERTY AS A SELF 6 SERVICE RETAIL GASOLINE SERVICE STATION. 7 8 President Morris announced Ordinance No.35-1988 was on public hearing. 9 10 President Morris informed the Council that the Plan Commission had originally been concerned with s turning 11 radius prob lem and the curb and asked if that had been resolved. 12 13 Mr. Dan Dooley explained that the petitioner had met with the Traffic Division, Planning Department and 14 engineer and presented a revised request for the curb cut,which had been approved by the Board of Works. 15 Mr. Dooley said the revised plans would become a part of the Ordinance. 16 17 Mr. Mike Osborn, representing Wayne County Farm Bureau Cooperative, informed the Council the request 18 was compatible with the existing facility and the surrounding area. 19 20 There being no further public comment, Councilmember Hankinson moved for engrossment of Ordinance 21 No.35-1988,seconded by Councilmember McBride and on unanimous voice vote the motion was carried. 22 23 Councilmember Williams moved to suspend the rules and move Ordinance No. 35-1988 to third and final 24 reading and read by title only, seconded by Councilmember Brookbank and on unanimous voice vote the 25 motion was carried. 26 27 The Clerk read Ordinance No.35-1988 on third and final reading by title only. 28 29 Ordinance No.35-1988 was adopted on the following call of the roll: 30 31 Ayes: Elstro,Williams,Brookbank, Hankinson, McBride, Parker, Hutton, Paust and Morris (9) 32 Nays: None 33 34 APPROPRIATION ORDINANCE NO. 37-1988 35 36 he Clerk read on second reading Ordinance No. 37-1988 -AN ORDINANCE TO APPROPRIATE WITHIN 37 THE CUMULATIIVE CAPITAL DEVELOPMENT FUND. 38 39 The Proof of Publication was examined and found to be in order. Councilmember Brookbank moved to 40 accept and file the Proof of Publication, seconded by Councilmember Hutton and on unanimous voice vote 41 the motion was carried. 42 43 President Morris announced Ordinance No.37-1988 was on public hearing. 44 45 Purchasing Director, Rita Stout explained the appropriation was for the purchase of the fire truck and the 46 purchsae had been declared an emergency by the Board of Works since there would be no back up unit with 47 one unit going out of service on June 13, 1988 to be refurbished. Ms.Stout stated the City had received the 48 proper quotes and will be able to receive a fire truck by June 13th. 49 50 Assistant Chief, Gene Murray informed the Council that the pumper at No.4 Station is the one being repaired 51 and the only unit available is a 1950 back up. He said unless the purchase of the new truck is made it could 52 cause a house to be out of service. 53 54 There being no further comment, Councilmember Elstro moved for engrossment of Ordinance No. 37-1988, 55 seconded by Councilmember Parker and on unanimous voice vote the motion was carried. 56 57 Councilmember Elstro moved to suspend the rules and move Ordinance No. 37-1988 to third and final 58 reading and read by title only, seconded by Councilmember Williams and on unanimous voice vote the 59 motion was carried. 60 61 The Clerk read Ordinance No.37-1988 on third and final reading. 62 63 Ayes: Elstro,Williams, Brookbank, Hankinson, McBride, Parker, Hutton, Paust and Morris (9) 64 Nays: None 65 81 Common Council Minutes Cont'd June 6, 1988 Page 7 1 ORDINANCES AT PLAN COMMISSION 2 3 ORDINANCE NO. 68-1987 4 5 President Morris announced that Ordinance No. 68-1987 needed to be striken from the agenda at the 6 request of the petitioner. 7 8 Councilmember Brookbank moved to strike Ordinance No. 68-1987, seconded by Councilmember Williams 9 and on unanimous voice vote the motion was carried. 10 11 ADJOURNMENT 12 13 There being no further business, on a motion duly made, seconded and passed, the meeting was 14 adjourned. 15 16 17 18 19 20 21 22 23 24 Lynn Nepote Morris,President 25 26 ATTEST: 27 Mary Merchanthouse,City Clerk 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 82 1 1