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HomeMy Public PortalAbout02-21-1984 4 V.,a PROCEEDINGS OF THE COMMON COUNCIL OF THE. CITY OF RICHMOND, INDIANA, FEBRUARY 21 , 1984 1 The COmmon Council of the City of Richmond, Indiana, met in regular session 2 Februarys 21 , 1984 at the hour of 7:30 p.m. in the Council Chambers in the 3 Municipal Building in said City. President Elstro presided with the following 4 members present: Councilpersons: Williams, Brookbank, Hankinson, Whitesell, 5 Parker, Bodiker, Lemoine and Morris. Absent: None'. The following buisness 6 was had, to-wit: 7 8 PLEDGE OF ALLEGIANCE 9 10 SILENT DEVOTIONS 11 12 APPROVAL OF MINUTES OF FEBRUARY 6, 1984 13 14 Councilperson Lemoine moved to correct the previous meeting on pare 2 line 15 33 to read January 24, 1984, seconded by Councilperson Williams and on 16 unanimous voice vote the motion was carried. 17 18 Councilperson Williams moved to approve the minutes as corrected, seconded 19 by Councilperson_Whitesell and on unanimous voice vote the motion was 20 carried. 21 22 COMMUNICATIONS FROM THE MAYOR 23 24 Mayor Frank Waltermann told the members of the Common Council that since 25 the prior Council meeting he had participated in a Boy Scout Day and had 26 met with representatives of the Richmond Community Schools regarding the 27 use of CORTA to assist with transportation of students to the High School. 28 On February 10, 1984, Mayor Waltermann met with representatives of the 29 Leland Hotel Project and on the 15th of February he met with Congressman 30 Sharp regarding federal legislation. 31 32 33 Mayor Waltermann assisted the Sanitary District solid waste crews on Feb- 34 ruary 21 , 1984 in the doubled collection routes to compensate for the Feb- 35 ruary 20th Holiday. The Mayor commented on some of the unsanitary conditions 36 of areas of the route and the extra time it takes the Sanitary District 37 employees to collect the routes under these conditions. He stressed to the 38 public that the City will be enforcing the Litter Ordinance in the future. 39 40 REPORT FROM THE BOARD OF PUBLIC WORKS AND SAFETY 41 42 Controller, Cathy Maness, intriduced Traffic Captain Dan Wogoman. Ms. Maness 43 had requested Caprain Wogoman attend the Council Meeting to respond to in- 44 quiries made by the members of Common Council . 45 46 Captain Wogoman addressed the question of Councilperson Parker regarding 47 merging traffic at S.W. 1st and Main Streets. He stated the merging lane 48 could be curbed off if it is 'decided to no longer use this area as a bus 49 stop. He will pursue the proper steps to correct this situation as soon as SO the decision is made by the City and the School Corporation regarding trans- 51 portationof School Children and the possibility of this being used as a 52 bus stop. 53 54 Captain Wogoman explained to the members of the Common Council that the 55 traffic lights on North and South A Streets are being checked by himself 56 and representative from the Greenfield District of the State Highway 57 Commission. The Captain could find no real problem with the timing while 58 driving the routes, but he explained the fire pre-empt system on these 59 signals to accomodate Fire House No. 1 . Councilperson Bodiker stated he 60 would note which lights he feels are not timed properly and notify Captain 61 Wogoman. 62 63 Captain Wogoman commented that the intersection of North 16th and East Main 64 Streets was a State controlled intersection and there are no complaints of 65 accidents associated with this intersection. He stated that tne.intersection 4 Common Council Minutes Con't February 21 , . 1984 Page 2 • 1 was inconvenient for northbound traffic on 16th Street, but he did not con- 2 sider it dangerous. 3 4 President Elstro asked Captain Wogoman about the construction trailers 5 around the High School area and if they could be relocated off the street 6 to allow cleaning of streets in this area. 7 8 Councilperson Parker questioned Captain Wogoman on the N.W. L Street rail- 9 road crossing. He asked if the posted stop sign on the east side of the 10 track could be relocated to give the motorists more warning. 11 12 Captain Wogoman stated they were looking into relocating the signal arms 13 from the N.W. 18th Street crossing to this crossing, but that this would 14 take the cooperation of Conrail and Norfolk & Western. 15 16 Public Works Director, Ralph Willis stated that the City and the County 17 had filed the FA 2 forms with the state for 100% funding to improve the 18 crossing and install signals. 19 20 REPORTS FROM CITY DEPARTMENTS 21 22 None 23 24 REPORTS FROM OTHER OFFICES 25 26 None 27 28 REPORTS FROM STANDING COMMITTEES 29 30 None 31 32 REPORTS FROM SPECIAL COMMITTEES 33 -34 Councilperson Bodiker reported he had attended the February meeting of the 35 Park Board and that the Board had elected their officers. Councilperson 36 Bodiker also commended Supt. McBride on his decision to become a consultant 37 to the Parks and Recreation Department at a lesser salary, thereby allowing 38 the remainder of his salary to be used for improvements in the Park system. 39 40 Councilperson Lemoine reminded the Council about the meeting at the Airport 41 on February 28, 1984. 42 43 Councilperson Morris thanked Dan Dooley for his time and efforts at the 44 study session for the members of the Common Council to inform them on the 45 workings of the Plan Commission and his department. 46 47 Councilperson Whitesell reported on the meeting of the Community Services 48 Council and informed the Council that a representative from the Community 49 Services Council will be attemding the March 5, 1984 meeting of the Common 50 Council to give a brief explanation of the duties of their organization. 51 52 MISCELLANEOUS BUSINESS 53 54 Councilperson Lemoine addressed the Council and audience regarding holding 55 meetings of the Council in each of the Districts. She stated these meetings 56 will not be regular Council meetings, but public forums and would begin 57 in March. Sufficient notice will be given to the public regarding the time 58 and places of the meetings. Councilpersons Lemoine and Morris have been 59 working on the arrangements for the off-site meetings and they expect them 60 to provide the public with an update of events of Common Council and to 61 give time for questions and discussions with the public attending. More 62 information will be forthcoming on these meetings. 63 64 RESOLUTIONS 65 None Common Council Minutes Con't February 21 , 1984 Page 3 1 ORDINANCES ON FIRST READING . 2 3 Councilperson Whitesell moved to suspend the rules on Ordinance No. 7-1984 4 and read by title only on first reading, seconded by Councilperson Williams 5 and on unanimous voice vote the motion was carried. 6 7 . The ,Clerk read on first reading by title only Ordinance No. 7-1984 - AN 8 ORDINANCE REPEALING ORDINANCE NO. 40-1983 AND AMENDING CHAPTER 154 OF THE 9 MUNICIPAL CODE, BEING ORDINANCE NO. 2325-1968, COMMONLY KNOWN AS THE ZONING 10 ORDINANCE OF THE CITY OF RICHMOND, INDIANA, PROBIDING FOR THE REZONING OF 11 PROPERTY LOCATED AT 2101 and 2105 CHESTER BOULEVARD, FROM R-2 SINGLE FAMILY 12 RESIDENCE TO C-2 SU COMMERCIAL SPECIAL USE DISTRICT AND AUTHORIZING THE 13 SPECIAL USE OF SAID PROPERTY AS SECTION I OF A COMMERCIAL DEVELOPMENT UNIT 14 PROJECT. 15 16 Councilperson. Whitesell moved to suspend the rules on Ordinance No. 7-1984 17 and mvoe to second reading and read by title only, seconded by Councilperson 18 Williams and on unanimous voice vote the motion was carried. 19 20 The Clerk read on second readeng by title only Ordinsnce No. 7-1984 - AN 21 ORDINANCE REPEALING ORDINANCE NO. 40-1983 AND AMENDING CHAPTER 154 OF THE 22 MUNCCIPAL CODE, BEING ORDINCNCE NO.2325-1968, COMMONLY KNOWN AS THE ZON- 23 ING ORDINANCE OF THE CITY OF RICHMOND, INDIANA, PROVIDING FOR THE REZONING 24 OF PROPERTY LOCATED AT 2101 and 2105 CHESTER BOULEVARD, FROM R-2 SINGLE 25 FAMILY RESIDENCE TO C-2 SU COMMERCIAL SPECIAL USE DISTRICE AND AUTHORIZING 26 THE SPECIAL USE OF SAID PROPERTY AS SECTION I OF A COMMERCIAL DEVELOPMENT 27 UNIT PROJECT. • 28 29 President Elstro announced that Ordinance No. 7-1984 was on public hearing. 30 31 The City Attorney, Kenneth Barden, stated that Ordinance No. 7-1984 had 32 been properly advertised and the Plan Commission had conducted a Public 33 Hearing. 34 35 Speaking for Ordinance No. 7-1984 was Victor Bartlemay, 1353 Quail Ridge. 36 Mr. Bartlemay, stated they had been working On this project for two (2) 37 years and the Development Unit Project would include 59 total apartment 38 units and they would be adding parking and a green area .in the change now 39 requested.from the City. Prior approval was for commercial buildings. 40 Changes include moving the detention pond to the Cox grocery land which 41 will handle the drainage for this project and for Cox grocery and will be 42 less drainage into Oak Park as a result of this project. 43. 44 Councilperson Lemoine questioned Mr. Dooley and Mr. Bartlemay regarding . 45 the statement of the Plan Commission on the modification of set back. Mr. 46 Bartlemay stated this would move the project closer to the property line 47 of Cox Grocery. 48 49 • Councilperson Brookbank asked if this was agreeabel to the owhers Of Cox's 50 and Mr. Bartlemay stated this had been discussed and was agreeable. There 51 was no public commint against Ordinance No. 7-1984. The Clerk read the 52 letter from the Plan Commission stating a Public Hearing had been held on 53 this request and expressing their approval of the request. 54 55 Councilperson Whitesell questioned Dan Dooley regarding the importance of 56 the schools being taken into consideration. Mr. Dooley stated that he has 57 consulted with the schools. 58 59 Councilperson Morris asked Mr. Dooley about the exiting traffic from the 60 Cox'.s Grocery Store lot. Mr. Dooley stated they were working with the 61 traffic division and were paying special attention to curb cuts to accomo- 62 date growth on Chester Boulevard. Several options had been discussed in- 63 cluding lower speeds and traffic signals. 64 65 Councilperson Williams moved to engross Ordinance No. 7-1984, seconded by 440 Common Council Minutes Con't February 21 , 1984 1 Page 4 2 3 Councilperson Hankinson and on unanimous voice vote the motion was carried. 4 5 Councilperson Williams moved to suspend the rules and move Ordinance No.7- 6 1984 to third and final reading and read by title only, seconded by Council- 7 person Morris and on unanimous voice vote the motion was carried. 8 9 Ordinance No. 7-1984 was carried with the following vote: 10 11 Ayes: Williams, Brookbank, Hankinson, Whitesell, Parker, Bodiker, Lemoine, 12 Morris and Elstro. (9) 13 14 Nays: None 15 16 Councilperson Morris moved to suspend the rules and read Ordinance No. 8- 17 1984 on first reading by title only, seconded by Councilperson Hankinson 18 and on unanimous voice vote the motion was carried. 19 20 The Clerk read on first reading by title only Ordinance No. 8-1984 - AN 21 ORDINANCE PROVIDENG FOR THE DESIGNATION OF ON-STREET PARKING FOR THE PHY- 22 SICALLY HANDICAPPED, RESTRICTING THE USE OF SUCH DESIGNATED PARKING SPACES, 23 AND PROVIDING PENALTIES FOR VIOLATION THEREOF IN HTE CITY OF RICHMOND, 24 INDIANA. 25 26 Councilperson Morres moved to suspend the rules on Ordinance No. 8-1984 and 27 read by title only on second reading, seconded by Councilperson Hankinson 28 .and on unanimous voice vote the motion was carried. 29 30 The Clerk read on second reading by title only Ordinance No. 8-1984 - AN 31 ORDINANCE PROVIDED FOR HTE DESIGNATION OF ON-STREET PARKING FOR THE PHYSIC- 32 ALLY HANDICAPPED, RESTRICTING THE USE OF SUCH DESIGNATED PARKING SPACES, 33 AND PROVIDENG PENALTIES FOR VIOLATION THEREOF ON THE CITY OF RICHMOND, 34 INDIANA. 35 36 Councilperson Brookbank moved to amend Section 1 , paragragh 4 of Ordinance 37 No. 8-1984 to read "The owner of a vehicle parked in violation of this 38 Section, shall be subject to a $50.00' fine payable in the office of the 39 City Clerk in the City of Richmond, Indiana" . 40 41 Councilperson Parker asked hte City Attorney what the fine would presently 42 be. Mr. Barden stated that the fine ranges from 50.00 to 1000.00 and is 43 collected through Superior Court 3. The amendment will make enforcement 44 eseir. 45 46 Counci;person Parker further stated that the 50.00 fine might be too high 47 and make it difficult for the officers to write a violation for that much 48 money. 49 50 Mr. Robert Rigg of the Community Council on Disability Awareness stated 51 that enforcement through the State of Indiana currently is a 10.00 fine 52 and 40.00 court costs with no suspension of the court. costs. The fine can 53 be as high as 500.00 for habitual offenders. . 54 55 Councilperson Hankinson asked regarding enforcement on .private lots and 56 Attorney Barden explained that unless the owners of the lots inter into 57 a contract for enforcement that. the City has no control over these lots. 58 59 Councilperson Whitesell seconded the motion to amend Section 1 , paragraph 60 4 and on the following vote the motion was carriedt: 61 62 Ayes:- Williams,-,Brookbank, Hankinson, Whitesell, Parker, Bodiker, - 63 , Lemoine Morris and Elstro (9.) 64 Nays: None . 65 L 0 0 41.1 . Common Council Minutes Con't February 21 , 1 984 Page 5 1 President Elstro announced thatOrdinance No. 8-1984 was on Public Hearing. 2 3 Speaking for Ordinance No. 8-1984 was Howard Mullin, 428 West Main Street. 4 Mr. Mullin represents the Disabled American Vets and encouraged the Council 5 to pass this ordinance for disabled parking. 6 7 Also speaking for Ordinance No. 8-1984 was Mr. Robert Rigg, Vice President 8 of the Community Council on Disability Awareness. Mr. Rigg stated that 9 this ordinance will assist the disabled to carry on life as normal as poss- 10 • ible. 11 • 12 Councilperson Morris asked Mr. Rigg to comment on vehicles having lifts 13 • for wheelchairs and the parking problems with these vehicles. Mr. Rigg 14 stated that these vehccles are difficult to use and not be blocked in. 15 16 Councilperson Morris asked the City Attorney if he would not pursue the 17 possibility of contracts with the shopping center managers to enforce 18 handicap parking and fire lanes. 19 20 There was no public comment against Ordinance No. 8-1984. 21 22 Councilperson Williams. moved to engross Ordinance NO. 8-1984, seconded 23 by Councilperson Parker and on unanimous voice vote the motion was carried. 24 25 Councilperson Williams moved to suspend the rules and move Ordinance No. 26 8-1984 to third and final reading and read by title only, seconded by 27 Councilperson Parker and on unanimous voice vote the motion Vas carried. 28 29 Ordinance No. 8-1984 was carried with the following vote. 30 31 Ayes: Williams, Brookbank, Hankinson, Whitesell, Parker, Bodiker, Lemoine, 32 Morris and Elstro (9) 33 34 Nays: None 35 36 Councilperson Whitesell moved to suspend the rules and read Ordinance No. 37 9-1984 by title only on first reading, seconded by Councilperson Williams 38 andon unanimous voice vote the motion was carried. 39 40 The Clerk read on first reading by title only Ordinance No. 9-1984- AN 41 ORDINANCE TO APPROVE USER RATED AND CHARGES, FOR THE DISCHARGE OF LIQUID 42 WASTES IN THE FACILITIES OF THE RICHMOND SANITARY DISTRICT OF THE CITY OF 43 RICHMOND, INDIANA TO BE IMPOSED BY THE RICHMOND SANITARY DISTRICT OF THE 44 CITY OF RICHMOND, INDIANA. 45 46 President Elstro announced that Ordinance No. 9-1984 would be assigned to 47 the Committee of the Whole for further study. 48 49 Councilperson Williams, Chairman of the Committee of the Whole, stated 50 that a meeting open to the public would be held Thursday, February 23, 51 1984 in the Council Chambers on the Municipal Buildingon Ordinance No. 52 9-1984. The meeting will start at 6:30 p.m. 53 54 Councilperson Williams moved to suspend the, rules on Ordinance No. 10-1984 55 and read by title only on first reading, seconded by Councilperson Morris 56 and on unanimous voice vote the motion was carried. 57 58 The Clerk read by title only the first reading of Ordinance No. 10-1984- 59 AN ORDINANCE CONCERNING ANIMAL WASTES AND TO FACILITATE THE REMOVAL THERE- 60 OF. 61 62 Councilperson Bodiker questioned the City Attorney regarding the fact that 63 there could possibly be•.an ordinance to cover this problem already on the 64 books. Attorney Barden stated that Ordinance NO. 41-1983 did not address 65 the clean-up of animal wastes, it also put the burden of clean-up on the 04 , • a Common Coucnil Minutes Con' t February 21 , 1984 Page 6 1 property owner and not the owner; keeper or walker of the animal. Ordinance 2 No. 10-1984 clears up these issues. 3 4 Councilperson Williams sponsored this Ordinance and feels it is necessary 5 to put the burden on hte owner of the animal to clean up after the animal. 6 7 Councilperson Bodiker stated he had a problem with enforcement on this 8 Ordinance. 9 10 ORDINANCES ON SECOND READING 11 12 The Clerk announced the only Ordinance on second reading was Ordinance No. 13 5-1984 and the ordinance was still assigned to the Plan Commission for 14 public hearing. 15 . . 16 ORDINANCES ON THIRD READING 17 18 None 19 . 20 UNFINISHED BUSINESS 21 22 President Elstro announced that Mr. William Washburn of the Rcihmond Gas 23 Corporation had been ill and could not attend the Council meeting as 24 scheduled. He will be attending the meeting on March 19, 1984. 25 26 President Elstro introduced Mr. John Von Pein, Jr. of 4591 South C Street 27 and Vice President of the Richmond Community School Board. Mr. Von Pein 28 asked Mr. Elstro if he received the letter asking the Council to appoint 29 a member to represent them on an advisory committee regarding converting 30 Civic Hall into a performing arts center to be used by the city and school. 31 Mr.. Elstro will appoint someone from the Council at the March 5, 1984 32 meeting. 33 34 The City Clerk stated that Ordinance No. 8-1984 which the Council passed 35 on third and. final reading should have been advertised for the public 36 hearing since this ordinance contains a penalty provision. This ordinance 37 will be publically advertised and brought back on second reading at the 38 March 5, 1984 meeting. 39 40 ADJOURNMENT 41 . 42 There being no further business on a motion duly made, seconded. and pass- 43 ed the meeting was adjourned. 44 45 Howard J. Elstro 46 President 47 48 ATTEST: Mary Merchanthouse 49 City Clerk 50 51 52 53 54 55 56 57 58 59 60 61 • 62 63 64 65