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HomeMy Public PortalAbout04-07-1986 319 PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA, APRIL 7, 1986 1 The Common Council of the City of Richmond, Indiana, met in regular session 2 April 7, 1986 at the hour of• 7:30 P.M. in the Council Chambers in said City. 3 President Bodiker presided with the following Councilmembers present: Elstr., 4 Williams, Brookbank, Hankinson, Parker, Hutton and Morris. Absent: Whitesell. 5 The following business was had to-wit: 6 7 PLEDGE .OK ALLEGIANCE` H', 8 9 SILENT DEVOTIONS 10 11 APPROVAL OF MINUTES OF MARCH 17, 1986 12 13 Councilmember Brookbank moved to approve the minutes of the previous meeting 14 as prepared, seconded by Councilmember Parker and on unanimous voice vote 15 the motion was carried. 16 17 COMMUNICATIONS FROM THE MAYOR 18 19 Mayor Frank H. Waltermann told the Council that he had attended a Japanese 20 Investment Seminar in Bloomington and the seminar stressed what the Japanese 21 investments means to your community. 22 23 Mayor Waltermann introduced Margo Lyon, Director of the Greater Indianapolis 24 Progress Committee. Ms. Lyon is in Richmond to participate in the kick off 25 breakfast on April 8, 1986 for the Richmond Progress Committee. 26 27 Ms. Lyon addressed the Council informed the Council that she has been 28 working with the Mayor and other community leaders on setting up a Richmond 29 Progress Committee. She said that the progress committee will pull together 30 a cross section of the community to develop strategy for solving community 31 problems. Ms. Lyon stated that the seventy-six (76) member committee 32 established for Richmond was a group of diverse interests. She also told 33 the Council that she would be happy to share the experiences of the 34 Indianapolis Progress Committee and their twenty (20) years of operations. 35 36 REPORTS FROM CITY DEPARTMENTS 37 38 Councilmember Morris asked Mr. Barden about the correspondence included in 39 the Council packets regarding the number of litter citations and other 40 citations issued. She inquired about the low number if the City was 41 increasing its efforts on enforcement. 42 43 Mr. Barden stated that he had only reported on the ones that had been filed 44 in Court and that the vast majority of citations are paid without Court 45 action required. 46 47 Councilmember Morris asked about the policy on citing renters on the litter 48 violations and Mr. Barden stated he would prefer to go after the offenders 49 and if that was not a cure for the problem, then to go after the property 50 owners . Mr. Barden indicated that he would be proposing that a copy of 51 citations issued to renters would go to the property owner. 52 53 Councilmember Morris asked Mr. Barden if the City had a written policy 54 regarding impoundments of vehicles involved in felonies. Mr. Barden stated 55 it was controlled through State Law and there were exceptions such as rental 56 cars. 57 58 Councilmember Morris asked if vehicles must be impounded and Mr. Barden 59 stated it was up to the officer and there is a State Appellate procedure 60 for innocent owners of property. 61 62 Councilmember Morris indicated that there needed to be some kind of firm 63 policy developed regarding vehicles of innocent persons being impounded. 64 65 320 Common Council Minutes Cont'd April 7, 1986 Page 2 1 Councilmember Brookbank thanked Mr. Willis and the Planning Department for 2 their assistance in cleaning up some litter problems . 3 4 REPORTS FROM OTHER OFFICES 5 6 Public Works 7 8 Mr. Willis thanked Councilmember Brookbank for her compliments on the litter 9 cleanup. He stated that George Falkenberg and Mark McCown deserved the 10 credit. 11 12 Mr. Willis presented an update on the South L Street Project . He stated that 13 an FA2 had been submitted to the State in February for funds for the 14 extension of L Street and that the funds would be available in October. 15 Mr. Willis commented that the Council might now want to reconsider the 16 funding for the purchase of right-of-way. 17 18 Councilmember Elstro asked if the City had any of the right-of-way and Mr. 19 Willis stated there was 40' on the north side across 23rd Street . He 20 also recommended that Henley Road be the end of the L Street extension. 21 22 Councilmember Williams asked if Mr. Willis was in the process of contacting 23 persons regarding purchase of right-of-way and Mr. Willis stated some work had 24 been done and he would like to acquire the options quickly. 25 26 Councilmember Williams stated he might take another look at the project if 27 it was only from 23rd Street to Henley Road, but that he did not agree with 'he 28 total plan. 29 30 Mr. Willis stated there had been a misunderstanding about Hodgin Road being lour 31 (4) lanes and that was not so. He said the project would not detract from t e 32 properties involved. 33 34 Councilmember Hankinson stated that since the opposition would be from his 35 Council District, he still feels that L Street should go somewhere and not slop 36 in mid-air. Councilmember Hankinson indicated that he agreed with pursuing 37 property options. 38 39 Mr. Willis informed the Council that he would be back with the financial 40 package on the construction. 41 42 President Bodiker asked if there were drawings available for the Council and 43 Mr. Willis stated there were and he would like to have a Committee of the 44 Whole to explain the maps. 45 46 REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY 47 48 Ms. Susan Silberstein, President of the Board of Public Works and Safety, 49 reported to the Council that the Board had conducted Unsafe Building Hearing- 50 with two (2) properties to be demolished. Ms. Silberstein stated that the 51 Board had four (4) more properties scheduled for hearings this week. 52 53 Ms. Silberstein also reported that the Board had signed the contract between 54 the City and Firefighters Local 1408 for 1986. She also explained that 55 approval had been given for the Farmer's Market and provisions were made to 56 make certain that only home grown and home made products would be sold. 57 58 Ms . Silberstein also noted that the Board was keeping a close eye on the G 59 Street Bridge and that May was designated as a special clean up month by the 60 Sanitary District. 61 62 Ms . Silberstein stated she was looking forward to working with Council . 63 64 Councilmember Parker asked Mr. Willis about submitting lists of curb and 65 sidewalk repairs and Mr. Willis stated he would like to have them immediatel . 321 Common Council Minutes Cont'd April 7, 1986 Page 3 1 Councilmember Parker asked if Mr. Willis was going to complete the lists 2 submitted in the past and Mr. Willis said they would be completing those 3 lists before working on any new lists submitted. 4 5 Mr. Bodiker welcomed Acting City Controller Marge Sweet to the Council 6 Meeting. 7 8 REPORTS FROM STANDING COMMITTEES 9 10 Reid Hospital 11 12 Councilmember Brookbank informed the Council about the Accomodations Plus 13 program for outpatients or families of critically ill to allow them overnight 14 accomodations at the hospital. 15 16 Councilmember Brookbank said the Hospital Board had a presentation on 17 Jenkins Hall and plans for renovation in the future. She also noted that 18 Jewell Spears, Director of Nursing, would be honored at the YWCA 19 Leadership Luncheon. 20 21 Plan Commission 22 23 Councilmember Morris informed the Council of special meetings of the Plan 24 Commission on April 8, 1986 and April 15, 1986 to interview Master Plan 25 consultants. 26 27 MISCELLANEOUS BUSINESS 28 111 29 President Bodiker welcomed the students from Richmond Senior High School. 30 31 Resolution in Favor of Federal Assistance for Lynn 32 33 Councilmember Williams stated that the Common Council and the City 34 Administration should be concerned about the disaster in Lynn created by 35 the recent tornado. Councilmember Williams expressed his concern that 36 Lynn was denied federal disaster aid, yet tax dollars are going abroad and 37 the balanced budget programs are going to affect the elderly and the 38 poor. . 39 40 Councilmember Williams moved that the Common Council and the City Officials 41 should send a joint resolution to President Reagan in support of the 42 community of Lynn receiving federal disaster aid, seconded by Councilmember 43 Morris- and on unanimous voice vote the motion was carried. 44 45 ORDINANCES 46 47 ORDINANCES ON FIRST READING 48 49 Councilmember Morris moved to suspend the rules and read Ordinances No. 50 24, 25, 26 and 27-1986 on first reading by title only, seconded by 51 Councilmember Brookbank and on unanimous voice vote the motion was carried. 52 53 APPROPRIATION ORDINANCE NO. 24-1986 54 55 The Clerk read on first reading by title only Appropriation Ordinance No. 56 24-1986 - AN ORDINANCE TO APPPROPRIATE WITHIN THE CUMMULATIVE CAPITAL 57 DEVELOPMENT FUND. 58 59 President Bodiker announced Ordinance No. 24-1986 had to be advertised. 60 61 ORDINANCE NO. 25-1986 62 63 The Clerk read on first reading by title only Ordinance No. 25-1986 - AN 64 ORDINANCE AMENDING SECTION 94.12 OF THE RICHMOND CITY CODE AS IT APPLIES 65 TO TOWING AND STORAGE CHARGES FOR REMOVAL OF VEHICLES. 322 Common Council Minutes Cont'd April 7, 1986 Page 4 1 President Bodiker announced Ordinance No. 25-1986 had to be advertised. 2 3 ORDINANCE NO. 26-1986 4 111 5 The Clerk read on firsts reading by title only Ordinance No. 26-1986 - AN 6 ORDINANCE AMENDING CERTAIN SECTIONS OF THE RICHMOND CITY CODE DEALING WITH 7 RULES OF COMMON COUNCIL. 8 9 President Bodiker announced Ordinance No. 26-1986 had to be advertised. 10 11 ORDINANCE NO. 27-1986 12 13 The Clerk read on first reading by title only Ordinance No. 27-1986 - AN 14 ORDINANCE OF THE CITY OF RICHMOND AUTHORIZING THE CONSENT OF THE CITY TO THE 15 ASSIGNMENT OF A CERTAIN LEASAT, A PART OF FINANCING AGREEMENT UNDER WHICH 16 RICHMOND ECONOMIC DEVELOPMENT FIRST MORTGAGE REVENUE BONDS, SERIES 1973, 17 (FARMHAND, INC. ) WERE ISSUED AND SOLD. 18 19 Councilmember Morris moved to suspend the rules and move Ordinance No. 27-1986 20 to second reading, seconded by Councilmember Williams and on unanimous 21 voice vote the motion was carried. 22 23 The Clerk read on second reading Ordinance No. 27-1986 - AN ORDINANCE OF TEH 24 CITY OF RICHMOND AUTHORIZING THE CONSENT OF THE CITY TO THE ASSIGNMENT OF A 25 CERTAIN LEASE, A PART OF FINANCING AGREEMENT UNDER WHICH RICHMOND ECONOMIC 26 DEVELOPMENT FIRST MORTGAGE REVENUE BONDS, SERIES 1973, (FARMHAND, INC. ) WERE 27 ISSUED AND SOLD. 28 29 President Bodiker announced Ordinance No. 27-1986 was on public hearing. 30 31 Speaking for Ordinance No. 26-1986 was Mr. Joe Chamness, Vice President and 32 Senior Lending Officer of the Second National Bank. Mr. Chamness stated 33 they had been approached by Farmhand regarding the assignment of the balance 34 of their economic development bonds (450,000.00) to the Northwest Bank of 35 Minneapolis. Mr. Chamness stated that both bond holders have consented to the 36 assignment and he asked the City to give their consent . 37 38 There being no further comment, Councilmember Williams moved for engrossment 39 of Ordinance No. 26-1986, seconded by Councilmember Brookbank and on 40 unanimous voice vote the motion was carried. 41 42 Councilmember Williams moved to suspend the rules and move Ordinance No. 27-_986 43 to third and final reading and read by title only, seconded by Councilmember 44 Parker and on unanimous voice vote the motion was carried. 45 The Clerk read Ordinance No. 27-1986 on third and final reading by title only. 46 Councilmember Elstro requested permission from the Council to abstain from 47 voting regarding a possible conflict of interest with his employment at 48 Farmhand, Inc. Permission for abstention was granted. 49 50 Ordinance No. 27-1986 was adopted on the following call of the roll: 51 52 Ayes: Williams, Brookbank, Hankinson, Parker, Hutton, Morris and 53 Bodiker (7) 54 Absent: Whitesell (1) 55 Abstain: Elstro (1) 56 57 ORDINANCES ON SECOND READING 58 59 ORDINANCE NO. 18-1986 60 61 The Clerk read on second reading Ordinance No. 18-1986 - AN ORDINANCE 62 AMENDING CHAPTER 154 OF THE MUNICIPAL CODE, BEING ORDINANCE NO. 2325-1968, 63 COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA, 64 PROVIDING FOR THE REZONING OF PROPERTY LOCATED ON THE SOUTH SIDE OF NEW 65 PARIS PIKE IN THE 3700 BLOCK, FROM A-1 AGRICULTURE DISTRICT TO A-1 SU 312:3 Common Council Minutes Cont'd April 7, 1986 Page 5 1 AGRICULTURAL SPECIAL USE DISTRICT, AND AUTHORIZING THE SPECIAL USE OF SAID 2 PROPERTY AS A COMMERCIAL RECEATIONAL FACILITY. 3 4 President Bodiker announced Ordinance No. 18-1986 was on public hearing. 5 6 Councilmember Morris informed the Council that the Plan Commission had vote 7 in favor of the rezoning six (6) to two (2) with one (1) abstention. 8 Councilmember Morris stated the decision was based on the fact that the sit 9 was unsuitable for any other use. Councilmember Morris stated that the 10 Plan Commission had participated in many session regarding the rezoning for 11 the Survival Games and it was decided that it was not a moral issue, but 12 rather an issue regarding the highest and best use of the land and it 13 was unfit for agriculture. 14 15 President Bodiker asked if the special use designation would remain if the 16 use of the property would change or would it revert to agriculture. Mr. 17 Dooley explained that if another facility fiting the special use zoning 18 narrative and the Council could put in a clause stating that if the 19 facility has not been operated for a period of time the zoning would revert 20 back. 21 22 Mr. Dooley stated that he would not suggest the Council do this until he 23 can determine if it is possible. He stated the zoning narrative is very 24 restrictive and detailed and should prevent future misuses of the site. 25 26 Speaking for Ordinance No. 18-1986 was Mr. Gayle Gardner, Attorney at Law, 27 representing Mr. Bill Longmire, owner of the property. Mr. Gardner stated 28 that the Planning Cowittission based their decision on the rezoning on the 29 best and highest use of the property and that the Plan Commission was the 30 body assigned to hold the public hearing and make recommendations to the 31 Council. 32 33 Mr. Gardner stated the Survival Games were not dangerous and were similar 34 to the game of Capture the Flag. Mr. Gardner said there were no 35 remonstrances at the second public hearing. 36 37 Councilmember Morris stated that there was information available if the 38 Council did not understand the games . 39 40 There being no further discussion, Councilmember Williams moved for 41 engrossment of Ordinance No. 18-1986, seconded by Councilmember Brookbank 42 and on unanimous voice vote the motion was carried. 43 44 Councilmember Williams moved to suspend the rules and move Ordinance No. 45 18-1986 to third and final reading and read by title only, seconded by 46 Councilmember Brookbank and on unanimous voice vote the motion was carried. 47 48 The Clerk read on third and final reading Ordinance No. 18-1986 - AN 49 ORDINANCE AMENDING CHAPTER 154 OF THE MUNICIPAL CODE, BEING ORDINANCE NO. 50 2325-1968, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF RICHMOND, 51 INDIANA, PROVIDING FOR THE REZONING OF PROPERTY LOCATED ON THE SOUTH SIDE 52 OF NEW PARIS PIKE IN THE 3700 BLOCK, FROM A-1 AGRICULTURE DISTRICT TO A-1 53 SU AGRICULTURE SPECIAL USE DISTRICT, AND AUTHORIZING THE SPECIAL USE OF SAID 54 PROPERTY AS A COMMERCIAL RECREATIONAL FACILITY. 55 56 Councilmember Williams commented that he was in support of the rezoning and 57 felt it would improve the area. 58 59 Ordinance No. 18-1986 was adopted on the following call of the roll: 60 61 Ayes : Williams, Brookbank, Parker, Morris and Bodiker (5) 62 Nays : Elstro, Hankinson and Hutton (3) 63 Absent: Whitesell (1) 64 65 324 Common Counci Minutes Cont d April 7, 1986 Page 6 1 ORDINANCE NO. 20-1986 2 3 The Clerk read on second reading Ordinance No. 20-1986 - AN ORDINANCE AMENDI G 4 CHAPTER 154 OFTHE MUNICIPAL CODE, BEING ORDINANCE NO. 2325-1968, COMMONLY 5 KNOWN AS THE ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA, PROVIDING FO'THE 6 REZONING OF THE PROPERTY LOCATED ON THE NORTH SIDE OF NORTH "F" STREET IN TH 7 1400 BLOCK, FROM R-3 ONE-TO-EIGHT FAMILY RESIDENCE DISTRICT TO M-2 GENERAL 8 INDUSTRIAL DISTRICT. 9 10 President Bodiker announced Ordinance No. 20-1986 was on public hearing. 11 12 Councilmember Morris reported that the Plan Commission had voted in favor of 13 the rezoning on a unanimous vote. She stated that the rezoning was for a 14 parking lot for a plastics company owned by mr. Woodruff and would be 15 initially used for parking for employees . Councilmember Morris indicated it 16 would be an improvement since the property is presently cluttered and 17 littered. She said the Greater Second Missionary Baptist Church had written 18 a letter in support of the rezoning. 19 20 There being no further discussion, Councilmember Hankinson moved for 21 engrossment of Ordinance NO. 20-1986, seconded by Councilmember Parker and 22 on:unanimous voice vote the motion was carried. 23 24 Councilmember Morris moved to suspend the rules and move Ordinance No. 20- 25 1986 to third and final reading and read by title only, seconded by 26 Councilmember Williams and on unanimous voice vote the motion was carried. 27 28 The Clerk read on third and final reading by title only Ordinance No. 20-198a- 29 AN ORDINANCE AMENDING CHAPTER 154 OF THE MUNICIPAL CODE, BEING ORDINANCE NO. 30 2325-1968, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF RICHMOND, 31 INDIANA PROVIDING FOR THE REZONING OF THE PROPERTY LOCATED ON THE NORTH SIDE 32 OF NORTH "F" STREET IN THE 1400 BLOCK, FROM R-3 ONE-TO-EIGHT FAMILY 33 RESIDENCE DISTRICT TO M-2 GENERAL INDUSTRIAL DISTRICT. 34 35 Ordinance No. 20-1986 was adopted on the following call of the roll: 36 37 Ayes: Elstro, Williams, Brookbank, Hankinson, Parker, Hutton, Morris and 38 Bodiker (8) 39 Nays : None (0) 40 Absent: Whitesell (1) 41 ' 42 ORDINANCE NO. 21-1986 43 44 Ordinance No. 21-1986 will be held for second reading on April 21, 1986. 45 46 ORDINANCES AT SPECIAL COMMITTEE 47 48 Pursuant to a request by Mr. Barden, Councilmember Elstro moved to strike 49 Ordinances No. 10 and 11-1986 from the agenda, seconded by Councilmember 50 Brookbank and on unanimous voice vote the motion was carried. 51 52 Mr. Barden stated he would include updates on ordinances for the street 53 excavations in council packets in the future. 54 55 Mr. Bodiker stated he would be calling a special meeting in the future 56 regarding the proposed water rate increase for public input. 57 58 ADJOURNMENT 59 60 There being no further business on a motion duly made, seconded and passed, he 61 meeting was adjourned. 62 63 64 Richard Bodiker, President 65 ATTEST: Mary Merchanthouse, City Clerk