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HomeMy Public PortalAbout08-01-1983 6 • . PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA, AUGUST 1, 1983 1 The Common Council .of the .City of Richmond, Indiana, met in regular 2 session August .1, 1983 at .the hour .of 7:BO,'p..m. in the Council Chambers 3 in the Municipal Building of. 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 6 following .business was had, to-wit: 7 . 8 DEVOTIONS , 9 . 10 Councilman Mills gave devotions. 11 12 APPROVAL OF MINUTES OF JULY 18, 1983 13 14 Councilman Hankinson moved the minutes of .the previous meeting be accepted 15 as received, seconded by Councilman Welch and on unanimous voice vote the 16 motion was carried. 17 . 18 'ANNOUNCEMENT BY PRESIDENT 19 • . 20 President Mills announced that our .WKBV Council reporter,. Steve Watson, is 21 leaving us and will be headed- for New Yor.k: sta.te .to start a:.new .assignment 22 •August 15. We want to wish Steve the best of everything in his new endeavor 23 • and thank him for .his fair and impartial .reporting of our Council meetings. 24 Keep in-touch and let us know your 'progress, Congratulations and good luck. 25 ill26 RESOLUTIONS . 27 • - -. ' 28 Councilman Welch moved. to suspend the rules and read Resolution. Nos. 29 15-1983..and 16-1983 by title only, seconded by Councilman Williams and 30 .. on unanimous voice vote the motion was carried. 31 '32 • RESOLUTION NO. 15-1983 • • 33 . 34 The Clerk read by title only- Resolution No.. 15-1983 :- A RESOLUTION. FIXING 35 ' EARLIER DATES FOR PUBLIC HEARINGS ON THE 1984 BUDGET FOR THE CITY OF RICHMONI . 36 - . . • 37 Councilman Welch moved •foradoption of Resolution No. 15-1983, seconded by 38 Councilman Hankinson and on unanimous voice vote the motion_ was carried. 39 . 40 RESOLUTION NO. 16-1983 • 41 42 The Clerk -read by title only Resolution. No. 16-1983 - RESOLUTION AUTHORIZING 43 THE FILING OF AN APPLICATION FOR A •GRANT UNDER SECTION 18 OF THE URBAN MASS 44 TRANSPORTATION ACT OF 1964, AS AMENDED. 45 . . - 46 Explaining 'Resolution No. 16-1983 was: Mr. Dan' Dooley, ';City Plan Department, 47 -noting they are in the process' of preparing an application for a grant for 48 the city busses. The grant would 'provide for $117 ;000 federal funds, 49 $78,000 state funds and $39,000 of city' funds.. These .funds are for oiler 50 ating.assistance to cover operating deficit. A letter of intent was filed 51 • ' with the State Department 'of-Transportation in, July indiating. our desire 52 to participate in- the program'. Councilman-Welch noted our only commitment 53 is to make up the remainder of the deficit which is $39,000 and keep the 54 busses operating. 55 : . 56 Councilman Welch moved for adoption of Resolution No. 16:-1983.,., seconded 57 by councilman Paust and on unanimous voice vote the motion. was carried. 58 - 59 REPORT OF- BOARD OF PUBLIC WORKS' AND.SAFETY 60 ' 61 In response to Councilman Elstro's question. concerning the sweeping 'of 62 South 8th and 9th Streets, Director of Transportation Bill -Davis stated 63 we have an agreement with the state to sweep on a quarterly basis. They 64 have been swept twice and will be swept for the third time next week. 354. a Common Council Minutes Cont'd. August 1, 1983 Page 2 1 Concerning paving these streets, Mr. Davis stated he has talked with the 2 state three (3) times, the only intentions. they -have in the foreseeable 3 future are for the east and west ends of U.S. 40 with nothing for U:S. 4 27 north or south. 5 6 Councilman Elstro noted the alley between 8th & 9th .and between "F" 7 ! and "G" was torn up by the Sanitary District a year ago and should be 8 put back with concrete. Mr. Davis stated Hamm had been contacted to 9 replace it and he will check tomorrow to see when that will be done. 10 11 In response to Councilman Hankinson's question concerning the overgrowth 12 . on Elm Road, Mr. Davis reported it is on the list to be taken care of. 13 14 In response, to Councilman Williams' question concerning whose responsi- 15 . . bility it is to fix the curbs on South 8th &e9th, Mr. Davis stated so 16 far as he knows, it is the city's responsibility. 17 18 President Mills stated it would be appropriate for anyone having questions . 19 of the Board of Works or others to put them in writing. .He will give them 20 to the Board of Works and follow up to see it is done. 21 22 ORDINANCES ON 1ST READING 23 24 Councilman Welch :moved to suspend the rules and read Ordinance Nos. 25 35-1983, 36-1983, 37-1983 and 38-1983 on first reading by title only, 26 seconded by Councilman Parker and on unanimous voice vote the motion 27 was carried. 28 ****** See insert on Page 5 29 ;, ORDINANCE NO. 36-1983. 30 31 The Clerk read on first reading by title only Ordinance No. 36-1983 - 32 AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF COMMUNITY DEVELOPMENT PROGRAM 33 FUNDS PURSUANT TO THE "EMERGENCY JOBS PROGRAM" AND DESIGNATING RICHMOND 34 POWER & LIGHT AS THE AGENCY OF THE CITY OF RICHMOND, INDIANA FOR THE 35 ADMINISTRATION OF SAID GRANT AND MATTERS RELATED THERETO. (RP&L District 36 Heating) . 37 38 Councilman Welch moved to suspend the rules and read Ordinance No. 36-1983 39 .. on second reading, seconded by Councilman Williams and on unanimous voice 40 vote the motion was carried. 41 - 42 The Clerk read on second reading Ordinance No. 36-1983. 43 44 President Mills announced Ordinance No. 36-1983 is on public hearing. 45 Speaking for this ordinance was Mr. Jock Fitts, Richmond Energy Program, 46 stating this ordinance will make Richmond Power & Light the agent for 47 Richmond and Wayne County for the emergency and make the project more 48 quickly beneficial. The appropriation of $175,000 from Richmond Power 49 & Light will allow this system to be done as low as possible and provide 50 for future expansion, possibly benefiting other businesses in that area. 51 Wayne County passed a similar resolution this morning making RP&L the 52 , agent. Councilman Carter asked Mr.. Pitts to explain why the costs had 53 gone from $800,000 to $875,000 with RP&L's share going from $100,000 to 54 $175,000. .This is our rate payers money and he doesn't feel it should be 55 put into this kind of a gamble. Mr. Pitts stated there is always a risk 56 involved in any project; however, this one is as sure fire as any with 57 which he has been associated. He feels sure this project will pay for :r 58 itself many times over and RP&L and the citizens will more than benefit. 59 The $800,000 was a ball park figure before the consultant's true estimate. 60 Councilman Carter also stated he understands Joseph Hill will not become 61 involved with this type project as they feel it will not work. Mr. Pitts 62 stated they do not want to become involved with the project at this time. 63 Councilman Williams asked the record to show that a few years back RP&L 64 put in a thirteen and a half million dollar generator. Had Council had 65 a negative attitude and did not want to invest, they would still be 66 back in the archaic ages. This is an investment for the taxpayers for t e ,Common Council Minutes Cont'd. August 1, 1983 Page 3 1 . the City of Richmond. You don't get- anywhere unless you venture out. III2 I Richmond has been too conservative and too negative. Mr. Pitts pointed 3 out that -Joseph Hill.based their decision not to participate on factors 4 . other than have been presented. They use natural gas' and have a cushion 5 I to ride on and can afford to wait. Councilman Carter stated they should 6 certainly be aware .that their gas' rates are likely to go ,up so it must 7 not be a great. deal for their company or they would• be on it. He stated 8 the only people this will benefit now is the E. G. Hill Company., Council- 9 man' Welch stated the benefit to Richmond is that we will retain a company 10 that has been considering leaving this area and will not expand. As a 11 utility, it makes sense for RP&L to be in the energy business. 12 13 Councilman Welch moved for engrossment of Ordinance No. 36-1983, seconded 14 by Councilman Paust and on, unanimous voice vote the motion was carried. 15 16 Councilman_ Williams moved to suspend .the rules and read Ordinance No. 36- 17 19.83 on third and final reading by title only, seconded by Councilman 18 'Welch and on unanimous voice vote the 'motion was carried. • 19 20 The Clerk read on third and final reading by title only Ordinance No. 36-1983. 21 . . 22 Ordinance No. 36-1983 was adopted by the following vote: 23 AYES.: Elstro, Carter., Henry, Hankinson, • 24 'Welch, Parker, Paust, Mills . (8) • 25 NOES: Carter • (1) • III 26 27 ORDINANCE NO. 3.7-198.3 28 • 29 The Clerk-read on first reading .by title only Ordinance No. 37-1983 - AN 30 ORDINANCE AMENDING CHAPTER 154 OF -THE -MUNICIPAL CODE., BEING -ORDINANCE NO. 31 2325-1968, .COMMONLY KNOWN -AS THE. ZON.ING .ORDINANCE .OF THE CITY OF RICHMOND, 32 INDIANA, PROVIDING FOR-THE REZONING OF PROPERTY LOCATED AT 1923 CHESTER 33 . BOULEVARD FROM A-3 ONE.-TO-EIGHT FAMILY, RESIDENCE'.DISTRICT TO C-1 SU . 34 LIMITED COMMERCIAL SPECIAL USE OF SAID'PROPERTY AS A COMMERCIAL DEVELOPMENT 35 UNIT PROJECT. (Petitioner - Dr. Gerald Ackerman) 36 . . . , 37 Councilman Welch•moved to: suspend the rules and read Ordinance No. 37-198 38 on second reading, seconded by Councilman Hankinson and on 'unanimous voice 39 vote' the motion was' carried. • 40 . . 41 The.Clerk read on. second reading Ordinance No. 37-1983. 42 . 43 President Mills -announced Ordinance No.. 37-1983 .is on public hearing. 44 Speaking for the Plan Commission_was Mr. Dan Dooley,-Deputy Director of 45 Cit.y-,Planning, noting the 'Commission =-held.-,a- public _hearing and voted 8 46 to 1 for approval. Representing Dr. Gerald Ackerman, Petitioner, was 47 Attorney Gregg' O'Maley. Councilman Welch stated during the preliminary 48 hearings there was a great deal 'of discussion concerning the detention . 49 pond and its'.outflow. Mr-. O'Maley. stated there are two. (2) improvements 50 which. will be made to the -detention basin which are requirements of the 51 Plan Commission's recommendation. The outflow pipe•will be reduced and III52 'the basin will be recontoured. 53 . . 54 Councilman Hankinson-moved for engrossment of Ordinance No. 37-1983, 55 seconded by Councilman Elstro and on unanimous voice vote the. motion • 56 - was carried. ' ' 57 . . 58 ' Councilman Welch. moved .to suspend the rules and read Ordinance No. 3,7-1983 59 on third and final reading by title ,only, seconded by Councilman Paust 60 and. on unanimous voice vote the, motion was carried. • - 61 • ' , . 62 The Clerk read on third and final reading by title only Ordinance No. 37-1982 . 356 Common Council 'Minutes Cont'd. August 1, 1983 Page 4 • 1 Ordinance No. 37-1983 was adopted by the following vote: 2 ! .AYES: Elstro, Williams., .Henry.,. Hankinson, . 3 Welch, . Parker, Carter; Paust, Mills (9) 4 NOES: None (0) 5 • 6 ORDINANCE NO. 38-1983 7 8 I The Clerk read on .first .reading .by title only Ordinance No. 38-1983 - 9 AN ORDINANCE AMENDING ARTICLE 31 OF CHAPTER 154 OF THE MUNICIPAL CODE, 10 BEING ORDINANCE NO- ,2325-1968,. COMMONLY KNOWN. AS THE ZONING ORDINANCE 11 OF THE CITY OF RICHMOND, INDIANA; ADOPTED JUNE 3, 1968. 12 '13 • Councilman ,Welch moved to suspend the rules and read Ordinance No. 38- 14 • 1983 on second reading., seconded by Councilman Williams and.on unanimous 15 voice vote the motion was carried. 16 . 17 The Clerk .read. on second reading Ordinance No. 38-1983. 18 19 President Mills announced Ordinance No. 38-1983 is on public hearing: 20 Speaking for this ordinance was Mr. •_Dan Dooley., Richmond Plan Department, 21 noting this ordinance-was initiated as a result of an-individual wishing 22 to locate a wood stripping business and discovering. the zoning ordinance 23 does not classify such a business. The Plan Commission recommends this 24 ordinance be adopted. 25 26 'Councilman Williams moved for ,engrossment, of Ordinance No. -.38-1983, 27 seconded by Councilman Elstro and on unanimous voice vote the motion 28 was carried. 29 . . 30 Councilman Williams moved to suspend the rules and read Ordinance No. 31 38-1983 on third and final reading by title only, - seconded by Councilman 32 Welch and on unanimous voice vote the motion was carried. , • 33 34 The Clerk read on third and final reading by title only Ordinance No. 35 38-1983. 36 • 37 Ordinance No. 38-1983 was adopted by. the following vote: 38 AYES: Elstro, Williams, Henry, Hankinson, 39 . _ Welch, Parker, Carter, Paust, Mills (9) 40 . NOES: None.. • (0) 41 42 ORDINANCES ON 3RD READING 43 44 I . Councilman Welch moved to suspend the rules and read Ordinance No. 28- 45 1983.on third reading by title only, seconded by Councilman Parker and 46 on unanimous voice vote the motion was carried. . 47 48 ORDINANCE NO. 28-1983. 49 50 h The Clerk read on third reading by title only Ordinance No. 28-1983 - 51 AN ORDINANCE AMENDIN.G TITLE III, ADMINISTRATION, OF. THE .MUNICIPAL CODE 52 OF THE CITY OF RfCHMOND, INDIANA,. ESTABLISHING EXECUTIVE .DEPARTMENTS 53 AND ADMINISTRATIVE PROVISIONS. (Home Rule) 54 55 It was noted there will- not be time for Council to review the Sanitary 56 District budget for the coming year. Councilman Elstro asked if they 57 will have the power to decrease the Sanitary District budget. Mr. 58 Meredith. stated as he understands it this will only be 'true. of those 59 which have the ad velorum tax. The wastewater treatment budget is 60 established when the rates are established by the user charge. He pointed 61 out as Council members this body does not approve RP&L budget, '.only rates, 62 and they will not the wastewater budget. He stated he feels it would be 63 proper for council to request' periodic statements to educate themselves Q Common Council, Minutes Cont'd. August 1,. .1983 Page 5 1 for when they come for..a- rate .s.etting.: .It:,was. again pointed out that 2 council cannot under .sta.te, statute ,take over the Sanitation Department 3 and serve as a Board.of Directors as it'does RP&L. Councilman Welch 4 stated -he feels there is some:.confusion over the overall intent: of 5 home rule when directed to the Sanitary District. There are :vague areas 6 that have not been clearly :defined and should be addressed by the State 7 Legislature to define their intent' of .the law. This ordinance is 8 basically intended- to .get. the .departments established so he will be 9 voting for the ordinance; however., he hopes council and the legislature 10 will look into this area in. 1984 and clarify and define it. Councilman 11 Williams noted the city attorney has given his opinion and if -there is 12 any question,. the courts will settle it. President Mills noted he has 13 before him Ordinance No. 2713-1972 which includes the Sanitary District 14 budget and was reviewed by Council. 15 16 Ordinance No. 28-1983 was;adopted,' by the following vote: 17 AYES: Elstro, Williams,. Henry., Hankinson, 18 Welch, Parker, Carter,.Paust, Mills (9') 19 NOES: None-. (0) 20 21 ADJOURNMENT 22 23 There being no further business on motion duly made, seconded and 24 passed the meeting was adjourned. ' 25 26 ' '. - Kenneth Mills. 27 President 28 29 ATTEST: JoEllen Trimble 30 City Clerk ' 31 32 **** 33 ORDINANCE NO. 35-1983 = 34 35 The Clerk read on first reading by title only Ordinance No. 35- 1983 - 36 AN ORDINANCE FOR APPROPRIATIONS AND TAX RATES. 37 38 President Mills announced this Ordinance has to be advertised and is ' 39 referred to the Committee of the Whole. Committee of the Whole Chairman 40 Larry Parker announced the .Committee will be meetingMonday, August 8 41 and Tuesday, August 9 from 6:30 p.m. to' 9:00 p.m. The schedule for 42 departments is included in Council: packets.. City Controller Don Meredith, 43 in explaining the format, noted the ordinance is on page 3 and budget 44 forms, 4-A and 4-B become a part of the ordinance so Council will be 45 acting on this in entirety. 58