HomeMy Public PortalAbout05-04-1987 603
PROCEEDINGS OF THE COMMON COUNCIL OF THE
CITY OF RICHMOND,INDIANA. MAY 4.1987
1 The Common Council of the City of Richmond, Indiana met in regular session May 4, 1987 at the hour of 7:30
2 P.M. in the Council Chambers in said City. President Brookbank presided with the following Councilmembers
3 present: Elstro, Hankinson, Whitesell, Parker, Hutton, Morris and Theobald. Absent: Williams. The
4 following business was had to-wit:
5
6 APPROVAL OF MINUTES OF APRIL 20,1987
7
8 Councilmember Hankinson moved to approve the minutes of the previous meetings as prepared, seconded
9 by Councilmember Hutton and on unanimous voice vote the motion was carried.
10
11 COMMUNICATIONS FROM THE MAYOR
12
13 Mayor Frank H.Waltermann reported on the clean up efforts in Mortons Lake. He thanked Mrs. Viola Slone
14 for her assistance in notifying the residents of the project. Mayor Waltermann indicated that all but one
15 resident in the neighborhood had participated in the clean up and the neighbors had even provided
16 refreshments for the crews working. Mayor Waltermann said there was another area scheduled for clean up
17 within the next two weeks and the projects were going well.
18
19 Councilmember Morris commented the residents were happy with the project and it had generated a lot of
20 pride in the area.
21
22 REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY
23
24 President Susan Silberstein reported the Board had either modified or affirmed Unsafe Building Orders on
25 properties located on East Main Street, North 14th Street, South 13th Street, Parry Street, North 15th Street
26 and North 18th Street. She said they had approved the appointment of Lt. Wayne Jackson as Chief of Fire
27 Prevention, awarded bids for a transit bus, paving projects and the Police Department computer.
28
29 Ms. Silberstein added the Board had heard complaints regarding the intersections of National Road West
30 and Toshlog and Salisbury Roads and had sent correspondence to the State encouraging a study of the
31 area and signalization.
32
33 Ms. Silberstein reported there would be a joint meeting of the Board of Works and the Telecommunications
34 Council on May 12, 1987 at 7:30 P.M. in the Board of Works Room to make final determination on the issue of
35 cable expansion into Reeveston. She said Clearview Cable would be represented by an attorney and Mr.
36 Barden would be present and all residents of the area were being notified by letter. Ms. Silberstein invited
37 the Council to the meeting to express their views.
38
39 REPORTS FROM SPECIAL COMMITTEES
40
41 COMMITTEE OF THE WHOLE,
42
43 Councilmember Whitesell reported on the Park tour and that it was an excellent opportunity to see areas of
44 the Park Department. He reminded the Council of the Fire Department tour on May 11, 1987 at 7:00 P.M. at
45 Fire House No. 1.
46
47 REPORTS FROM STANDING COMMITTEES
48
49 PLAN COMMISSION
50
51 Councilmember Morris reported the retreat for the Master Plan Committee was scheduled for May 15th
52 through May 17th and a new appointment to the Committee was Councilmember Whitesell.
53
54 URBAN ENTERPRISE ASSOCIATION
55
56 President Brookbank announced the Urban Enterprise Association would be meeting on May 5, 1987.
57
58 REPORTS FROM OTHER COUNCIL COMMITTEES
59 60 HUMAN RELATIONS ORDINANCE
61
62 Councilmember Morris reported the Citizen Advisory Committee for the Human Relations Ordinance had met
63 on April 30, 1987 and heard from Mr. Steve Tilden,Assistant Director of the State Civil Rights Commission.
64 She said the next meeting will include the Director of the Muncie Civil Rights Commission and an opposing
65 attorney. She encouraged attendance of the members at the meetings since a lot of information is being
ai
Common Council Minutes Cont'd
May 4, 1987
Page 2
1 assembled for the committee.
2
3 President Brookbank suggested that successful candidates from the May primary be invited to the
4 meetings so they might know what is happening.
5
6 MISCELLANEOUS BUSINESS
7
8 Animal Shelter Complaint-Violet Nelson
9
10 Ms. Violet Nelson of N.W. H Street informed the Council that May 3rd through the 9th was Pet Week. She
11 then told the Council about a dog that she had found running loose in Fairview and it had bitten her. She
12 stated the animal was taken to the Animal Shelter where it was to be held for ten days. Ms. Nelson stated
13 she was able to locate a possible owner for the animal and the Shelter refused to extend the time before
14 killing the animal. She was told by the managers of the shelter, Mr. and Mrs. Dick Longer,that they could
15 not extend the time because the rules were made by Common Council.
16
17 Ms. Nelson reminded the Council that tax dollars support the Shelter and many persons do not like the
18 operations. She suggested it might be time to replace the present managers and start humane treatment of
19 the aminals such as veterinarians administering the shots to the animals.
20
21 President Brookbank stated she would have the Council liason look into the matter and report back to the
22 Council.
23
24 Student Government Classes
25
26 President Brookbank welcomed the government students from Richmond High School to the Council
27 meeting.
28
29 ORDINANCES
30
31 ORDINANCES ON FIRST READING
32
33 Councilmember Morris moved to suspend the rules and read Ordinances No.20,21,22,23,24 and 25-1987
34 on first reading by title only, seconded by Councilmember Elstro and on unanimous voice vote the motion
35 was carried.
36
37 ORDINANCE NO.20-1987
38
39 The Clerk read on first reading by title only Ordinance No.20-1987-AN ORDINANCE TO TRANSFER WITHIN
40 THE GENERAL FUND.
41
42 Councilmember Hankinson moved to suspend the rules and move Ordinance No 20-1987 to second reading,
43 seconded by Councilmember Elstro and on unanimous voice vote the motion was carried.
44
45 The Clerk read Ordinance No.20-1987 on second reading.
46
47 President Brookbank announced Ordinance No.20-1987 was on public hearing.
48
49 Speaking for Ordinance No. 20-1987 was City Attorney, Ken Barden. Mr. Barden explained the transfer of
50 funds was to adjust printing and copying charges since litigation expenses have gone up with the increased
51 filing of ordinance violations.
52
53 There being no further discussion, Councilmember Hankinson moved for engrossment of Ordinance No.20-
54 1987,seconded by Councilmember Parker and on unanimous voice vote the motion was carried.
55
56 Councilmember Haninson moved to suspend the rules and move Ordinance No. 20-1987 to third and final
57 reading and read by title only,seconded by Councilmember Parker and on unanimous voice vote the motion
58 was carried.
59
60 The Clerk read Ordinance No.20-1987 on third and final reading by title only.
61
62 Ordinance No.20-1987 was adopted on the following call of the roll:
63
64 Ayes: Elstro, Hankinson,Whitesell, Parker, Hutton, Morris,Theobald and Brookbank (8)
65 Nays: None.
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kt. '°87
Page 3
1 Absent: Williams
21
31 ORDINANCE NO.21-1987
4'.
5 The Clerk read on first reading by title only Ordinance No. 21-1987 - AN ORDINANCE CREATING A
6 CUMULATIVE CAPITAL DEVELOPMENT FUND FOR THE CITY OF RICHMOND.
7
8 President Brookbank announced Ordinance No.21-1987 was to be advertised for public hearing on June 1,
9 1987.
10
11 ORDINANCE NO.22-1987
12
13 The Clerk read on first reading by title only Ordinance No.22-1987-AN ORDINANCE AMENDING ARTICLES
14 13, 34 AND 35 OF CHAPTER 154 OF THE MUNICIPAL CODE, BEING ORDINANCE NO. 2325-1968
15 I COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA.
16
17 Councilmember Morris moved to suspend the rules and move Ordinance No. 19-1987 to second reading,
18 seconded by Councilmember Parker and on unanimous voice vote the motion was carried.
19
20 The Clerk read Ordinance No.22-1987 on second reading by title only.
21
22 President Brookbank announced Ordinance No.22-1987 was on public hearing.
23
24 Speaking for Ordinance No.22-1987 was Mr. Dan Dooley, Director of Planning, Permits and Inspections. Mr.
25 Dooley informed the Council that the Ordinance was initiated by the Planning Commission to address Vehicle
26 Impound Storage Areas. He explained they are operating in a C-4 zoning. Mr. Dooley said Ordinance No.22
27 was a result of a review and allows impound storage as a special use in M-1 and permitted in M-2. He said
28 the Plan Commission voted 9-0 in support of the Ordinance.
29
30 Councilmember Elstro asked how it effects storage areas now in existence and Mr. Dooley said they are in C-
31 4 as non-conforming and as a good faith operator would be grandfathered in under the zoning.
32
33 Councilmember Elstro indicated that the present impound storage was leasing the property and asked what
34 would happen if they relocated.
35
36 Mr. Dooley explained they would have one year to continue the same zoning use before the non-conforming
37 use would be discontinued.
38
39 Mr. Barden stated the Ordinance also had the impound areas as contracted with a governmental entity and
40 the Board of Works would have control over the contracts.
41
42 Councilmember Whitesell asked if H&H planned to relocate to Industries Road and Mr. Dooley stated they
43 had purchased the property and it was zoned M-2 which now would allow them to operate with a junk yard
44 permit. •
45
46 Councilmember Whitesell commented on the fact that H&H seemed to be complying with regulations such as
47 fence elevation, but the contour of the land makes the height of the fence meaningless and he feels that
48 should be taken into consideration if the idea of a fence is to secure the area from view.
49
50 Mr. Dooley added Ordinance No.22 did not address that issue.
51
52 Councilmember Morris said the Ordinance also requires a dust free surface and a drainage plan.
53
54 Councilmember Elstro asked what kind of surface would be permitted and Mr. Dooley said it would not allow
55 asphalt since it will not comply with the drainage regulations and gas and oil spills and also not appropriate
56 for the parking of junk vehicles. He said an aggregate with a chemical coating would be allowed. Mr. Dooley
57 also added Ordinance No.22 does require an eight foot fence instead of a six foot fence.
58
59 Councilmember Hankinson indicated he felt the language of the Ordinance would address Councilmember
60 Whitesell's concern about concealing from view since it stated a minimum of eight feet were required.
61
62 Councilmember Whitesell expressed concerns about junk yards being able to operate under the confines of
63 the impound area ordinance,when now they must have a special permit.
64
65 Mr. Dooley said the Ordinance does permit the vehicle storage area as a permitted use and under Article 13 a
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May 4, 1987
Page 4
1 private individual could operate as an impound storage area. He said the Plan Commission felt they needed
2 a definite way to address vehicle storage areas.
3
4 Councilmember Whitesell asked if there was any urgency in adopting the ordinance.
5
6 Mr. Dooley indicated it was not an urgent matter.
7
8 Councilmember Elstro stated he would like to see it remain on second reading for further study.
9
10 There being no further comment, Councilmember Hankinson moved for engrossment of Ordinance No. 22-
11 1987,seconded by Councilmember Morris and on a voice vote the motion was defeated.
12
13 Ordinance No.22-1987 will remain on second reading.
14
15 TRANSFER ORDINANCE NO.23-1987
16
17 The Clerk read on first reading by title only Ordinance No. 23-2987-AN ORDINANCE TO TRANSFER WITHIN
18 THE PURCHASING FUND.
19
20 Councilmember Elstro moved to suspend the rules and move Ordinance No. 23-1987 to second reading,
21 seconded by Councilmember Parker and on unanimous voice vote the motion was carried.
22
23 The Clerk read Ordinance No.23-1987 on second reading.
24
25 President Brookbank announced Ordinance No.23-1987 was on public hearing.
26
27 Speaking for Ordinance No. 23-1987 was City Controller, Marge Sweet. Ms. Sweet explained it was a
28 transfer to cover printing charges that have increased with new forms and bid specifications. She stated the
29 Purchasing Fund has only used 14% of their telephone budget and will be able to transfers the funds from
30 there.
31
32 There being no further comment, Councilmember Elstro moved for engrossment of Ordinance No.23-1987,
33 seconded by Councilmember Parker and on unanimous voice vote the motion was carried.
34
35 Councilmember Elstro moved to suspend the rules and move Ordinance No. 23-1987 to third and final
36 reading and read by title only, seconded by Councilmember Morris and on unanimous voice vote the motion
37 was carried.
38
39 The Clerk read Transfer Ordinance No.23-1987 on third and final reading by title only.
40
41 Transfer Ordinance No.23-1987 was adopted on the following call of the roll:
42
43 Ayes: Elstro, Hankinson,Whitesell, Parker, Hutton, Morris,Theobald and Brookbank (8)
44 Nays: None
45 Absent: Williams
46
47 ORDINANCE NO.24-1987
48
49 The Clerk read on first reading by title only Ordinance No. 24-1987-AN ORDINANCE ESTABLISHING
50 PARKING AND LOADING PERMITS.
51
52 President Brookbank announced Ordinance No. 24-1987 would be advertised for public hearing on June 1,
53 1987.
54
55 Councilmember Parker asked how many permits are now issued and if this was really a problem. Mr. Barden
56 explained it was becoming a problem and the ordinance would try to accommodate parking and loading
57 needs, yet require permits for control
58
59 ORDINANCE NO.25-1987
60
61 The Clerk read on first reading by title only Ordinance No. 25-1987 - AN ORDINANCE AMENDING
62 ORDINANCE NO. 13-1986 AUTHORIZING THE RICHMOND SANITARY BOARD TO REVISE CERTAIN
63 LANDFILL FEE COLLECTION.
64
65 Councilmember Morris moved to suspend the rules and move Ordinance No.25-1987 to second reading,
Common Council Minutes Cont'd
May 4, 1987
Page 5
1 seconded by Councilmember Whitesell and on unanimous voice vote the motion was carried.
2
3 The Clerk read Ordinance No.25-1987 on second reading.
4
5 President Brookbank announced Ordinance No.25-1987 was on public hearing.
6
7 Speaking for Ordinance No. 25-1987 was Public Works Director, Ralph Willis. Mr. Willis explained the
8 ordinance would increase landfill rates for users outside the Sanitary District and the need for additional
9 revenue was due to having to comply with regulations and make the landfill conform with state of the art
10 operations.
11
12 Councilmember Morris asked what the rate increase was and Mr.Willis said it would go from 7.00/ton to 8.00/
13 ton.
14
15 There being no further discussion, Councilmember Hankinson moved for engrossment of Ordinance No.25-
16 1987, seconded by Councilmember Parker and on unanimous voice vote the motion was carried.
17
18 Councilmember Morris moved to suspend the rules and move Ordinance No. 25-1987 to third and final
19 reading by title only, seconded by Councilmember Hutton and on unanimous voice vote the motion was
20 carried.
21
22 The Clerk read Ordinance No.25-1987 on third and final reading by title only.
23
24 Ordinance No.25-1987 was adopted on the following call of the roll:
25
26 Ayes: Elstro, Hankinson,Whitesell, Parker, Hutton, Morris,Theobald and Brookbank (8)
27 Nays: None
28 Absent: Williams
29
30 ORDINANCES ON SECOND READING
31
32 APPROPRIATION ORDINANCE NO 18-1987
33
34 The Clerk read on second reading Ordinance No. 18-1987-AN ORDINANCE TO APPROPRIATE WITHIN THE
35 FEDERAL REVENUE SHARING FUND.
36
37 Mr. Barden examined the Proof of Publication and found it to be in order.
38
39 Councilmember Parker moved to accept and file the Proof of Publication, seconded by Councilmember
40 Whitesell and on unanimous voice vote the motion was carried.
41
42 President Brookbank announced Ordinance No. 18-1987 was on public hearing.
43
44 Mayor Waltermann explained to the Council that the appropriation would clean out the Revenue Sharing
45 account and would be used for the purchase of capital equipment as approved by the Capital Equipment
46 Committee He explained the Committee has already approved the expenditure of the 500,000.00 for
47 equipment as requested by departments and this will help fund the second priority list they have
48 established.
49
50 There being no further comment, Councilmember Hankinson moved for engrossment of Amended Ordinance
51 No. 18-1987,seconded by Councilmember Whitesell and on unanimous voice vote the motion was carried.
52
53 Councilmember Whitesell moved to suspend the rules and move Amended Ordinance No. 18-1987 to third
54 and final reading and read by title only,seconded by Councilmember Elstro and on unanimous voice vote the
55 motion was carried.
56
57 The Clerk read Appropriation Ordinance No.18-1987 on third and final reading by title only.
58
59 Appropriation Ordinance No. 18-1987 was adopted on the following call of the roll:
60
61 Ayes: Elstro, Hankinson,Whitesell, Parker, Hutton, Morris, Theobald and Brookbank (8)
62 Nays: None
63 Absent: Williams
64
65 ORDINANCES AT SPECIAL COMMITTEE
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Common Council Minutes Cont'd
,May 4, 1987
Page 6
•
{
1 ORDINANCE Na 13-1987 •
2
3 Mr. Barden requested the Council to reassign Ordinance No. 13-1987 to the Council Agenda for.;public.,
4 hearing on June 1, 1987.
5 ,
6 Councilmember Whitesell moved to assign Ordinance No. 13-1987 to the Council Agenda on June 1, 1987 for :
7 r public hearing.
8 y
i£9_ ;r.,,{ . ,-ADJOURNMENT
10
11 There being no further business,on a motion duly made,seconded and passed,the meeting was adjourned.
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16 Jane R. Brookbank, President
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18 ATTEST: _
19 Mary Merchanthouse,City Clerk
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