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HomeMy Public PortalAbout08-03-1987 55 PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF RICHMOND,INDIANA, AUGUST 3, 1987 1 The Common Council of the City of Richmond, Indiana met in regular session August 3, 1987 at the hour of 2 7:30 P.M. in the Council Chambers in said City. President Brookbank presided with the following 3 Councilmembers present: Elstro, Williams, Hankinson, Whitesell, Parker, Hutton, Morris and Theobald. 4 Absent:None. The following business was had to-wit: 5 6 PLEDGE OF ALLEGIANCE 7 8 SILENT DEVOTIONS 9 10 APPROVAL OF MINUTES OF JULY 20,22,and 27,1987 11 12 Councilmember Hankinson moved to approve the minutes of the July 20, July 22 and July 27, 1987 as 13 prepared, seconded by Councilmember Whitesell and on unanimous voice vote the motion was carried. 14 15 COMMUNICATIONS FROM THE MAYOR 16 17 President Brookbank announced that'Mayor Waltermann and an official delegation from the City were in 18 Russia. 19 20 PRESENTATION OF REMONSTRANCES,PETITIONS AND MEMORIALS 21 22 Councilmember Hankinson informed the Council that he had received a complaint from Mr. Robert Hambay, 23 363 Henley Road South, regarding a group home at 355 Henley Road South. He said he informed Mr. 24 Hambay that the State Department of Mental Health controled group homes and there was no city control) 25 involved. He indicated that Mr. Hambay said he would write the governor if necessary. Mr. Hankinson 26 stated that expressing Mr. Hambay's feelings to the Council completed his obligations to Mr. Hambay. 27 28 REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY 29 30 President Silberstein informed the Council that the Board had affirmed Unsafe Building Orders on properties 31 located at 1413 North B Street and 425 Porterfield Avenue. She said the Board had modified an order on 32 1109 Parry Street to include repair or removal of the dwelling within 180 days with the posting of a 3,000. 33 performance bond. 34 35 Ms. Silberstein stated the Board had approved the promotions of Patrolman Aaron Stevens and Firefighter 36 Mark Herold from probationary status, approved the promotion of Lt. Jim Sticco to the rank of Captain and 37 accepted the retirement of Captain Charles Carroll after 40 years of service with the Fire Department. 38 39 Ms. Silberstein said the Board approved and executed the agreement between the City and the Wayne 40 Township for the purchase of an aerial platform and the bids will be accepted on August 18, 1987 with the 41 Trustee paying for the fire truck and the City paying back over a ten year period through approved reduction 42 of the Fire Service payments. 43 44 Ms. Silberstein added that the Board will be receiving proposals for the bus bench advertising and had 45 approved and executed the Agreement between the City and the FOP for the 1988 contract. 46 47 Councilmember Elstro asked why the Board allowed the owner of 1109 Parry Street the opportunity to repair 48 the property and Ms. Silberstein explained the owner showed an interest in repairing the property and had 49 posted a performance bond. She said the owner did respond to the Board when he learned of the problem 50 and when an interest is shown the Board requires a bond be posted in order that the bond can be used if 51 demolition becomes necessary. 52 53 Councilmember Elstro stated the property had been vacant for three and one half years and the owner had 54 already made the statement that he was only going to put some paint on the exterior to get the City off his 55 back. 56 57 Ms. Silberstein stated the City does have a posted bond and the owner has a deadline on the repairs for the 58 dwelling to be certified for occupancy by the Planning Department. 59 60 Councilmember Elstro indicated he was disappointed with the decision of the Board to allow the repairs and 61 felt they should not have allowed it. 62 63 Ms. Silberstein said the Board must balance the owners rights with the good of the community and the owner 64 did what the Board required. 65 35 , Common Council Minutes Cont'd August 3, 1987 Page 2 1 Councilmember Whitesell complimented the Board of Works and all others involved in the agreement with the • 2 Township Trustee for the purchase of the fire truck..He said it was an example of creative funding and very 3 positive step for the City and the Township. 4 5 Councilmember Whitesell asked if there had been any developments with the air pollution problem that was 6 reported in the Fairview area and Mr. Barden stated he had received word from the State Air Pollution Control 7 Board they had sent an investigator to retrieve samples and they have identified all houses affected. 8 9 Councilmember Parker asked about the property at the intersection of Campbell Avenue and National Road 10 West and if it was going to be condemned. 11 12 Mr. Dan Dooley stated they have completed a structural condition report on the premises and are now doing 13 a title search on two properties located in the area. He said they will issue an either remove or repair order 14 on the one structure and issue a demolition order on the structure to the east. 15 16 Councilmember Hutton asked about the structure being torn down on North F Street behind Barker's and Mr. 17 Dooley said they have issued a demolition permit which allows sixty days to start demolition and one year to 18 complete the demolition. 19 20 Councilmember Morris requested that handicapped parking spaces in residential areas be designated with 21 appropriate yellow markings to better denote the parking spaces. 22 23 REPORTS FROM SPECIAL COMMITTEES 24 25 Transportation Committee 26 27 President Brookbank reminded the Council that Transit Manager Janet McFarland had cancelled the meeting 28 of the Transportation Committee due to persons not being able to attend and she will schedule the meeting 29 fora later date. 30 31 Committee of the Whole 32 33 Councilmember Whitesell announced the Committee of the Whole would be meeting on August 12 and 13, 34 1987 for 1988 budget review. He presented the Council with the schedule of departments and announced 35 the budget would be read on second reading on August 17, 1987 and final reading on August 24, 1987. 36 Councilmember Whitesell said he had presented the Department Heads with a brief questionnaire to assist 37 with consistency of questioning and will provide the information in advance to the Council along with a work 38 book on the budget. He said if members cannot be in attendance and want specific information,they should 39 contact him or the City Controller and they will get the answers to any questions. 40 41 REPORTS FROM STANDING COMMITTEES 42 43 REID HOSPITAL 44 45 President Brookbank reported on the July 26, 1987 meeting of the Reid Hospital Board which included the 46 financial report and the approval of the contract to purchase a machine using shock waves for kidney 47 stones. She said they would replace equipment in the ICCU unit and a person had been hired in community 48 relations. President Brookbank also reported on an analysis of uncollectable accounts , discussion of 49 replacing the furniture in the public areas of the hospital and the continuing medical education program. 50 51 URBAN ENTERPRISE ASSOCIATION 52 53 President Brookbank announced the Urban Enterprise Association would be meeting on August 4, 1987 at 54 7:30 PM. 55 56 ORDINANCES 57 58 ORDINANCES ON FIRST READING 59 60 Councilmember Morris moved to suspend the rules and read Ordinances No.43 and 44-1987 on first reading 61 by title only, seconded by Councilmember Hutton and on unanimous voice vote the motion was carried. 62 63 ORDINANCE NO.43-1987 64 65 533 Common Council Minutes Cont'd August 3, 1987 Page 3 1 The Clerk read on first reading by title only Ordinance No. 43-1987-AN ORDINANCE AMENDING CHAPTER 2 154 OF THE MUNICIPAL CODE, BEING ORDINANCE NO. 2325-1968, COMMONLY KNOWN AS THE 3 ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA PROVIDING FOR THE REZONING OF 4 PROPERTY LOCATED AT 110 EAST MAIN STREET FROM M-1 LIGHT INDUSTRIAL DISTRICT TO M-1 SU 5 LIGHT INDUSTRIAL SPECIAL USE DISTRICT AND AUTHORIZING THE SPECIAL USE OF SAID PROPERTY 6 TO PERMIT THE PLACEMENT OF AN INSURANCE AGENCY. 7 8 President Brookbank announced the ordinance would be assigned to the Plan Commission for advertised 9 public hearing. 10 11 ORDINANCE NO.44-1987 12 13 The Clerk read on first reading by title only Ordinance No. 44-1987 - AN ORDINANCE FOR 14 APPROPRIATIONS AND TAX RATES.(1988 BUDGET) 15 16 President Brookbank announced Ordinance No. 44-1987 would be assigned to Committee of the Whole for 17 hearings along with being advertised for public hearing. 18 19 ORDINANCES ON SECOND READING 20 21 ORDINANCE NO.34-1987 22 23 The Clerk read on second reading Ordinance No.34-1987-AN ORDINANCE AMENDING CHAPTER 154 OF 24 THE MUNICIPAL CODE, BEING ORDINANCE NO. 2325-1968, COMMONLY KNOWN AS THE ZONING 25 ORDINANCE OF THE CITY OF RICHMOND, INDIANA PROVIDING FOR THE REZONING OF PROPERTY 26 LOCATED AT 205 WOODLAWN AVENUE FROM R-2 SINGLE FAMILY RESIDENCE DISTRICT TO R-2 SU 27 SINGLE FAMILY RESIDENCE SPECIAL SUE DISTRICT AND AUTHORIZING THE SPECIAL USE OF SAID 28 PROPERTY TO PERMIT THE PLACEMENT OF A MANUFACTURED HOME. 29 30 President Brookbank announced Ordinance No.34-1987 was on public hearing. 31 32 Mr. Dooley informed the Council that the Plan Commission has recommended the ordinance be passed by a 33 seven (7)to zero (0)vote and the owners are in attendance if the Council has any questions. 34 35 There being no further discussion, Councilmember Hankinson moved for engrossment of Ordinance No.34- 36 1987,seconded by Councilmember Williams and on unanimous voice vote the motion was carried. 37 38 Councilmember Whitesell moved to suspend the rules and move Ordinance No. 34-1987 to third and final 39 reading and read by title only, seconded by Councilmember Williams and on unanimous voice vote the motion 40 was carried. 41 42 The Clerk read Ordinance No.34-1987 on third and final reading by title only. 43 44 Ordinance No.34-1987 was adopted on the following call of the roll: 45 46 Ayes: Elstro,Williams, Hankinson,Whitesell, Parker, Hutton ,Morris,Theobald and Brookbank (9) 47 Nays: None 48 49 ORDINANCE NO.38-1987 50 51 The Clerk read on first reading by title only Ordinance No.38-1987-AN ORDINANCE AMENDING CHAPTER 52 154 OF THE MUNICIPAL CODE, BEING ORDINANCE NO. 2325-1968, COMMONLY KNOWN AS THE 53 ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA PROVIDING FOR THE REZONING OF 54 PROPERTY LOCATED AT 317 SOUTH 4TH STREET FROM R-3 ONE-TO-EIGHT FAMILY RESIDENCE 55 DISTRICT TO R-3 SU ONE-TO-EIGHT FAMILY RESIDENCE SPECIAL USE DISTRICT AND AUTHORIZING 56 THE SPECIAL USE OF SAID PROPERTY TO PERMIT THE PLACEMENT OF A CANDLE SHOP AND TAX 57 SERVICE OFFICE. 58 59 President Brookbank announced the ordinance was on public hearing. 60 61 Councilmember Whitesell stated the Plan Commission has recommended the ordinance be amended and 62 moved to amend Ordinance No.38-1987 by renumbering Section 3 to Section 4 and adding a new Section 3 63 to read as follows: 64 65 Section 3. As a condition of bind granted the Special Use and as an additional restriction on said use,the 6tA Common Council Minutes Cont'd August 3, 1987 Page 4 1 following requirements shall hereafter and at all times be met by the owner of said real estate: 2 3 a. The conversion of the dwelling unit to a commercial use shall comply with the Indiana Building Code. 4 5 b. The Candle and Craft Shop and Tax Service Office shall be deemed to be one (1)business enterprise. 6 7 c. In the event the Special Use shall cease operation, the property shall revert back to its original zoning 8 classification. 9 10 d. References to Candle Shop found in the Ordinance shall mean Candle and Craft Shop. 11 12 Councilmember Hankinson seconded the motion to amend Ordinance No.38-1987 and on unanimous voice 13 vote the motion was carried. 14 15 Councilmember Morris explained that the amendments were to address the combination use of the two 16 businesses in the same facility and if either discontinues the special use holds, but for no other uses. 17 Councilmember Morris added that a petition with ten signatures from residents of the area was presented in 18 support of the rezoning. 19 20 Councilmember Whitesell asked if the petitioners approved of the amendments and Mr. and Mrs. Gary 21 Mathews,owners and petitioners indicated they were in agreement with the amendments. 22 23 There being no further discussion, Councilmember Williams moved for engrossment of Ordinance No. 38- 24 1987,seconded by Councilmember Parker and on unanimous voice vote the motion was carried. 25 26 Councilmember Williams moved to suspend the rules and move Ordinance No. 38-1987 to third and final 27 reading and read by title only, seconded by Councilmember Whitesell and on unanimous voice vote the 28 motion was carried. 29 30 The Clerk read Ordinance No.38-1987 on third and final reading by title only. 31 32 Ordinance No.38-1987 was adopted on the following call of the roll: 33 34 Ayes: Elstro, Williams, Hankinson,Whitesell, Parker, Hutton ,Morris,Theobald and Brookbank (9) 35 Nays: None 36 37 ADJOURNMENT 38 39 There being no further business, on a motion duly made, seconded and passed,the meeting was adjourned. 40 41 42 43 44 Jane R. Brookbank, President 45 46 ATTEST: 47 Mary Merchanthouse, City Clerk 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65