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HomeMy Public PortalAbout09-06-1983 365 • 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. 59 • 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. 6 • 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 • 1 ORDINANCE NO. 40-1983 2 • 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. 30 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. 10 11 Kenneth Mills 12 President 13 14 ATTEST: JoEllen Trimble 15 City Clerk