HomeMy Public PortalAbout09-06-1983 365
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PROCEEDINGS OF THE COMMON COUNCIL OF THE
CITY OF RICHMOND, INDIANA,, SEPTEMBER 6, 1983
1 The Common .Council ,of the •City .of Richmond, Indiana, met in regular
2 session September 6, 1983 at the hour of 7 :30. p.m. in the Council Chambers
3 in the Municipal Building in said City. President -Mills presided with
4 the following.members present: Messrs.,.Elstro, Williams, Ms. Henry,
5 Hankinson, Welch, Parker, Carter and Paust. Absent: None. The fol:-
6 lowing business was had, to-wit:
7 •
8 DEVOTIONS •
9
10 Councilman •Paust gave devotions.
11
12 .APPROVAL OF MINUTES OF AUGUST 15 AND AUGUST 22, 1983
13
14 Councilman Hankinson moved to approve the minutes of August 15 and
15 August 22, 1983 as published, seconded by .Councilman Welch and on
16 . unanimous voice vote the motion was carried..
17
18 COMMENTS BY .COUNCILMAN PARKER REGARDING PROPOSED TRASH ORDINANCE
19 ..
20 Councilman Parker stated the city has made a superhuman effort to try to
21 clean up the city of trash; however, there are a few citizens and busi-
22 nesses that..do not want to comply with helping to clean up our streets
23 and alleys: He feels this council should draft .a new ordinance with
24 teeth in it to give on site tickets and_ assess fines. He requested the
25 city attorney draft this ordinance immediately. City Attorney .Ed
26 Anderson stated he has drafted an ordinance which does provide,under
27 the penalty provision, a schedule of fines which will be payable in the
28 City Clerk's office. In response to Councilman Elstro's question
29 whether or not we have had an ordinance• in the past to clean up these
30 places, President Mills replied we have not had one with penalties and
31 fines. Councilman Elstro stated he feels there are laws..on the books
32 to accomplish clean up. Mayor Dickman stated we have struggled .with
33 this problem for the eight (8) years he has been in .office. He didn't
34 • feel the• ordinance passed four (4) years ago .was tough enough. It is
35 cumbersome to hunt down the homeowners and business owners and then
36 take them to court. By that time it is cleaned up and nothing happens
37 to them. Councilman Paust highly recommended such an ordinance be
38 passed. He noted the Chamber of Commerce has. worked on this for some
39 time and commended the Mayor for such an ordinance. He hopes under the
40 new structure the problem can be handled as to whose trash it is. In
41 the past the property owner has-been the one taken to court rather than
42 the resident. Councilman Williams stated people are setting out their
' 43 trash before it should be. He stated if it was not going to be enforced,
44 we should not' 'go through? themotions of writing it. Councilman Elstro.
45 said the ordinance: sounds •political. He noted two (2) big offenders in
46 - downtown Richmond. Mr. Anderson stated that only in the last two (2)
47 years have we had home rule under which such an .ordinance would be
48 possible; prior to that, it was through the sanitary provisions. This
49 will:be enforced by the Police Department.
50
51 MISCELLANEOUS BUSINESS -
52
53 Councilman Elstro stated that in making South "L" Street wider between
54 •23rd and 13th Streets forty (40) trees have been removed and he would
55 like to see them replaced. Acting City Engineer Steve Esarey stated
56 that in the bid as it was let, there were no provisions for replanting
57 the trees. Mayor Dickman stated it is a good idea•.and it is possible
58 we -can do that.
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60 ORDINANCES ON 1ST 'READING -
61
62 Councilman Welch moved to suspend the rules- on Ordinance Nos. 39-1983
63 and 40-1983 and read on first reading by title- only, seconded by Coun-
64 Gilman Elstro and on unanimous voice vote the motion was carried.
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Common Council Minutes Cont'd.
September 6, 1983
Page 2
1 ORDINANCE NO. 39-1983
2
3 The Clerk read on first reading .by title only Ordinance No. 39-1983- -
4 ORDINANCE AUTHORIZING THE' CITY OF RICHMOND TO. ISSUE ITS "ECONOMIC
5 DEVELOPMENT REVENUE BONDS . (BEVERLY ENTERPRISES PROJECT)" AND APPROVING
6 OTHER ACTIONS IN RESPECT THERETO.
7
8 Councilman Welch moved to suspend the rules and read Ordinance No. 39-1983
9 I on second reading, seconded by Councilman Parker and on unanimous voice
10 vote the motion was carried.
11
12 The Clerk read on second reading Ordinance No. 39-1983.
13
14 President Mills announced Ordinance No. 39-1983 is on public hearing.
15 Speaking for this ordinance was Attorney Andrew Cecere, representing
16 I Beverly Enterprises, 'stating the project., has been commenced and they are
17 in an area of construction.. He requested approval for final consummation
18 of this transaction. The cost of the construction itself is $980,000,
19 and $400,000 has been allocated .to ,local contractors for construction of
20 _this facility. A certificate of need has been issued by the Department
21 of Health for construction of this project. It will be on six (6) acres
22 on U.S. 27 South as an addition to Golden Rule Nursing Home. At the
23 time of the submission of the petition before the Richmond Economic Dev-
24 elopment Commission the documents which were incorporated with the City
25 Clerk were stated to be dated as of October 1, 1989. That date should
26 be September 1, 1983. Councilman Welch noted at the time of the induce-
27 ! ment resolution there was a .gentleman in the audience who presented.a
28 problem with the sanitary sewer in the area and Golden Rule's not paying
28 . a connection fee to hook on that sewer. Mr. Cecere stated he does not
29 know. Councilman Elstro stated a meeting was to be held the night after
30 the resolution and he hasn't heard anymore about it so assumes the
31 problem was resolved. .
32
33 Speaking.against this ordinance was Mr. Lew Piercy, 1261 Westminster
34 Road, Greenwood, IN, stating Beverly Enterprises does not need these
35 tax exempt bonds and can well afford to pay for.. the development without
36 the taxpayers expense. . Beverly is the. largest. nursing home chain in
37 the United States with over 700'nursing homes. across the country. 18%
38 of their stock is owned by Hospital Corporation of America which is the
39 largest owner of hospitals in the United States. In the last seven (7)
40 _ years Beverly's profits have increased by more than 1900% and by 1990
41 could own as much as 1/3 of the nursing homes in this country. Beverly
42 is an empire real estate firm and all empires must eventually tumble.
43 66% of Beverly's revenue in 1982 came from Medicare and Medicade which
44 is from taxpayers: of this country. Interest on much of this company's
45 , loans is already paid by these same programs which allows this company
46 to be paid for the depreciation of its assets. They applied for tax
47 exempt •money in Mississippi and the state figured the cost to the state
48 and decided Beverly could take money out of its own funds. He requested
49 Council reconsider the ordinance and postpone action until they can
50 , gather additional information on the corporation and its need for tax
51 . exempt bonds.
52
53 Councilman Elstro moved for engrossment, seconded by Councilman Paust
54 and on unanimous voice vote the motion was carried.
55
56 Councilman Welch moved to suspend the rules and read Ordinance No. 39-
57 1983 on third and final reading by title only, seconded by Councilman
58 Williams and on unanimous voice vote the motion was carried.
59
60 The Clerk read on third reading by title only Ordinance No. 39-1983.
61
62 Ordinance No. 39-1983 was adopted by the following vote:
63 AYES: Elstro, Williams, Ms. Henry, Hankinson,
64 Welch, Parker, Carter, Paust, Mills (9)
65 NOES: None (0)
967
Common Council Minutes Cont'd.
September 6, 1983
Page 3
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1 ORDINANCE NO. 40-1983
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3 The Clerk read on first reading•by title only Ordinance No. 40-1983 -
4 AN ORDINANCE AMENDING CHAPTER 154' OF THE MUNICIPAL CODE, BEING ORDINANCE
5 NO. 2325-1968, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF
6 RICHMOND, INDIANA, PROVIDING FOR -THE REZONING OF PHASE I OF A DEVELOPMENT
7 UNIT PROJECT LOCATED AT 2101 AND 2105 CHESTER BOULEVARD FROM R-2 SINGLE
8 FAMILY RESIDENCE DISTRICT TO C-2 SU COMMERCIAL SPECIAL USE DISTRICT AND
9 AUTHORIZING-THE SPECIAL USE OF SAID PHASE .I AS COMMERCIAL DEVELOPMENT
10 UNIT PROJECT. (Petitioner - Bartlemay Realty)
11
12 Councilman Welch moved to suspend the rules and read Ordinance No: 40-
13 1983 on second reading, seconded by Councilman Elstro and on unanimous
14 voice vote the motion was carried.
15
16 The Clerk read on second reading Ordinance No. 40-1983..
17
18 President Mills announced Ordinance No. 40-1983 is on public .hearing..
19 Speaking for the Plan.Commission was Deputy Director Dan Dooley noting
20 the Commission. conducted a public hearing on this ordinance and recom-
21 mended 8-1 that the ordinance be .adopted. The'ordinance is for Phase I
22 of a commercial development project and includes a drug store and bank.
23 This does rat:'-.include the residential part of the project which would be
24 future phases.. It only includes the store frontage and street right-of-
25 way. In response to a ,question by Councilman Welch, Mr. Dooley' noted
26 the only restriction placed on the parcel of land to the east of this
27 development.was for the developer to obtain an easement for a sanitary
28 -,sewer or construct a lift station within five (5) years as stipulated
29 in,- Section 3.
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31 Also speaking for this ordinance was Douglas Kramer:, Kramer Associates,.
32 Consultants', Eaton, OH. , addressing traffic, parking, sanitary sewers and
33 storm drainage. Councilman Welch stated he feels the center divider on
34 Chester Blvd. should-be removed at the entrance to Engel Dr. Mr. Kramer
35 - stated he has no problem with .doing. that, but must have State Highway
36 approval. In the proposed apar.tmeni:t.omplex there will be fifty-nine (59).
37 units on the four (4) acres. Lengthy discussion was held concerning
38 traffic drainage and rainwater runoff. Councilman Welch expressed concern
39 that: the front half of the lot will be drained back into the east half of
40 the drainage ditch. In response to Councilman Welch's question concerning
41 commitments from the bank and'drug store, Mr. Vic Bartlemay, 1353 Quail
42 Ridge, stated he has a letter of .intent from the bank and the drug store
43 has not given a firm commitment. Mr. Dooley: stated any project must
44 commence within a year. once final approval has been granted or that ap-
45 proval is void; however, any part of the project meets this requirement.
46
47 Councilman Williams read the following from the Plan Commission letter:
48 .
49 Eleven notices of public hearing were sent to surrounding property
50 owners with one (1) returned in opposition to the project. During
51 the public hearing one person spoke in opposi .ian',to the request.
52 •
53 The Plan Commission determined the proposed project meets or ex-
54 - ceeds all the requirements of the Zoning Ordinance and, therefore,
55 voted eight (8) to one (1) to recommend that Ordinance No. 40-1983
56 be approved .as written with .the conditions in Section 3 of the
57 Ordinance.
58 .
59 Councilman Elstro moved for engrossment of Ordinance No. 40-1983, seconded
60 by Councilman Williams and on unanimous voice vote the motion was carried.
61
62 Councilman Elstro moved to suspend the rules and read Ordinance No. 40-1983
63 on third and. final reading by title only, seconded by Councilman Williams
64 and on unanimous voice vote the motion was carried.
36
Common Council Minutes Cont'd.
September 6, 1983
Page 4
1 Ordinance No. 40-1983 was adopted by the following vote:
2 AYES: Elstro, Williams, Ms. Henry, Hankinson,
3 Parker, Carter, Paust and Mills (8)
4 NOES: Welch (1)
5
6 ADJOURNMENT
7
8 There being no further business on motion duly made, seconded and
9 passed the meeting was adjourned.
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11 Kenneth Mills
12 President
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14 ATTEST: JoEllen Trimble
15 City Clerk