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Home My Public Portal About08-15-1994 501 PR CCEDIN_G-SHf=061'✓IMO ECOUN£ILOF HE CITY OF RICHMEM-13-t413M- fA;MOND—A-Y74-HGUST-15-t994 • 1 The Common Council of the City of Richmond, Indiana met in regular session at 7:30 p.m. Monday, August 15, 1994, in the Council Chambers in said City. President Larry Parker presided with the following Councilmembers present: Howard "Jack" Elstro, Etta Lundy, Jane Brookbank, Mary Ellen Donat, Don 4 McBride, Gene Allen, Bob Dickman and Sally Hutton. The following business was had to-wit:, PLEDGE OF ALLEGIANCE iPRAYER BY COUNCILMEMBER DONAT 1 t ROLL CALL 1 12 Nine present. 16 11 APPROVAL OF MINUTES OF AUGUST 1, 1994 1 • 10 Councilmember McBride moved to approve the minutes of August 1, 1994, second by Councilmember 1 Brookbank and the motion was carried on a unanimous voice vote. 1 1 COMMUNICATIONS FROM THE MAYOR 2' 2 PRESENTATIONS OF REMONSTRANCES, PETITIONS, MEMORIALS AND PUBLIC COMMENTS 2 2 President Parker, following a suggestion by Councilmember Hutton, recognized members of Troop 100 from 2 St. Mary's parish who were in the audience and working on their citizenship badge. Each member introduced 2§ himself as did each of the two troop leaders. 2 27 REPORT FROM CITY DEPARTMENTS 2 2 REPORT FROM OTHER OFFICES 3 3 REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY 3 3 Minutes of the August 11 and August 18 meetings in the Council packets. 3 3 Councilmember McBride expressed his appreciation to the Board of Works on behalf of all those who travel 3 North West L and North West I for the repairs made on the railroad crossing. 37 3: REPORTS FROM SPECIAL COMMITTEES 3• 4. Councilmember Hutton announced that the Committee of the Whole meetings to discuss the 1995 budget 4 will be at 7 p.m. Wednesday, September 24, and Thursday, September 25, in the Council chambers. 4. 4 REPORTS FROM STANDING COMMITTEES 4, 4- Councilmember Donat reported that the Redevelopment Commission will meet Wednesday afternoon to sign 4. the contract for the feasibility study for the convention center. 47 4: REPORTS FROM OTHER COUNCIL COMMITTEES 4• 5. President Parker said he had two inquiries to pass along to Councilmember McBride as a member of the 51 Street Tree Commission. He had received a complaint about the gum trees planted by the City on South 4th 5. Street and the fact that they were leaking all over the cars. The complaintant asked that either the trees be 5 cut down, tapped or at least looked at. Another complaint, President Parker said, was from Erna Jacobs at 5, 217 Pearl Street who said she had repeatedly asked the City to look at a tree beside her house because of 5- the branches breaking off and falling. 5: 5 Councilmember Brookbank also mentioned tree stumps on Locust Lane and Councilmember Lundy said 5: there was a stump on North 2nd and C Street which also needed removed. I 5• 6. ORDINANCES 61 6- ORDINANCES ON FIRST READING 6 6, Councilmember Brookbank moved to suspend the rules and read on first reading by title only Ordinances 6- No. 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 66 and 67 - 1994, second by Councilmember McBride and the motion was carried on a unanimous voice vote. President Parker asked if Ordinance No. 55 - 1994 could be read in its entirety because of its special nature and Brookbank agreed. 502 Common Council Minutes Cont'd August 15, 1994 Page 2 1 2 3 ORDINANCE NO. 55- 1994 4 5 The Clerk read Ordinance No. 55 - 1994 - A SPECIAL ORDINANCE IN SUPPORT OF HOSTING THE 6 HOOSIER STATE GAMES 7 8 "WHEREAS the Hoosier State Games promote health, sportsmanship and volunteerism, and 9 10 "WHEREAS the Hoosier State Games event is the largest multi-sport event held in the State of Indiana, and 11 12 "WHEREAS Richmond has successfully hosted a regional site for this event for the past four years,and 13 14 "WHEREAS Richmond would like to host a regional site for this event in 1995 and 1996, and 15 16 "WHEREAS the number of participants in the Richmond Regional has increased each year, 17 18 "NOW, THEREFORE, be it ordained by the Common Council of the City of Richmond, Indiana,that the Cty 19 Executive Departments and this Council enthusiastically support the hosting of the Hoosier State Games 20 during 1995 and 1996 and, further, this Council urges all citizens of the City to extend a warm welcome to all 21 participants and visitors." 22 23 Councilmember Hutton said this is formerly White River State Games but the new name is Hoosier State 24 Games. 25 26 Councilmember Brookbank moved to suspend the rules and advance Ordinance No. 55 - 1994 to second 27 reading and read by title only, second by Councilmember Hutton and the motion was carried on a 28 unanimous voice vote. 29 30 The Clerk read Ordinance No. 55 - 1994 on second reading. There being no comments either for or agairst 31 the ordinance, Councilmember McBride moved for engrossment, second by Councilmember Hutton and the 32 motion was carried on a unanimous voice vote. 33 34 Councilmember Lundy moved to suspend the rules and advance Ordinance No. 55 - 1994 to third and firal 35 reading and read by title only, second by Councilmember McBride and the motion was carried on a 36 unanimous voice vote. 37 38 The Clerk read Ordinance No. 55 - 1994 on third reading. 39 40 Ordinance No. 55 - 1994 was adopted on the following call of the roll: 41 42 Ayes: Elstro, Lundy, Brookbank, Donal, McBride, Allen, Dickman, Hutton and Parker(9) 43 Nays: None 44 45 ORDINANCE NO. 56- 1994 46 47 The Clerk read Ordinance No. 56 - 1994 - AN APPROPRIATION ORDINANCE FIXING THE ANNUAL 48 COMPENSATION OF ALL ELECTED CITY OFFICERS FOR 1995 49 50 President Parker announced Ordinance No. 56- 1994 would be referred to the Committee of the Whole. 51 52 ORDINANCE NO. 57-1994 53 54 The Clerk read Ordinance No. 57 - 1994 - AN APPROPRIATION ORDINANCE TO BE KNOWN AS TE E 55 1995 SALARY ORDINANCE 56 57 President Parker announced Ordinance No. 57- 1994 would be referred to the Committee of the Whole. 58 59 ORDINANCE NO. 58- 1994 60 61 The Clerk read Ordinance No. 58 - 1994 - AN APPROPRIATION ORDINANCE TO BE KNOWN AS TEE 62 1995 BUDGET 63 64 President Parker announced Ordinance No. 58 - 1994 would be referred to the Committee of the Whole. 65 503 • • • Common Council Minutes Cont'd August 15_,t 1-944 Par3a 1 2 City Controller Dennis Grimes distributed copies of the 1995 budget to each Councilmember. 3 ORDINANCE NO. 59- 1994 • • The Clerk read Ordinance No. 59 - 1994 - AN APPROPRIATION ORDINANCE AUTHORIZING THE CITY 1 OF RICHMOND TO RECEIVE PAYMENT FOR SERVICES TO BE RENDERED TO RICHMOND POWER & LIGHT IN 1995 1' President Parker announced that Ordinance No. 59- 1994 would go to the Committee of the Whole. 1 1' ORDINANCE NO. 60-1994 1: 14 The Clerk read Ordinance No. 60 - 1994 - AN APPROPRIATION ORDINANCE AUTHORIZING PAYMENT 15 FOR SERVICES FROM THE MOTOR VEHICLE HIGHWAY FUND TO THE GENERAL FUND IN 1995 13 1V President Parker announced that Ordinance No. 60 - 1994 would go to the Committee of the Whole. 1 1g ORDINANCE NO.61 - 1994 2 2 The Clerk read Ordinance No. 61 - 1994 - AN APPROPRIATION ORDINANCE AUTHORIZING PAYMENT 2 FOR SERVICES FROM THE OFF-STREET PARKING FUND TO THE GENERAL FUND IN 1995 2: 2, President Parker announced that Ordinance No. 61 - 1994 would go to the Committee of the Whole. 2. 2. ORDINANCE NO. 62- 1994 2 2: The Clerk read Ordinance No. 62 - 1994 - AN APPROPRIATION ORDINANCE AUTHORIZING THE CITY 2: OF RICHMOND TO RECEIVE PAYMENTS FOR SERVICES TO BE RENDERED TO THE RICHMOND 3, SANITARY DISTRICT IN 1995 3 3' President Parker announced that Ordinance No. 62- 1994 would go to the Committee of the Whole. 3 3 ORDINANCE NO. 63- 1994 3 3 The Clerk read Ordinance No. 63 - 1994 - A SPECIAL ORDINANCE AUTHORIZING A GRANT 3 APPLICATION TO THE INDIANA DEPARTMENT OF TRANSPORTATION 3 3 Councilmember Hutton moved to suspend the rules and advance Ordinance No. 63- 1994 to second reading 4 and read by title only, second by Councilmember McBride and the motion was carried on a unanimous voice 4 vote. 4 4 The Clerk read Ordinance No. 63 - 1994 on second reading. 4 4• At the request of President Parker City Controller Dennis Grimes explained the ordinance, stating that it 4 authorizes the City to pursue a grant to continue operation of Roseview Transit and this ordinance must be 4' included in the grant application which is due Monday. He noted that more money is available this year, 4 stating that the total budget for 1994 was $1 million with the City putting in about $137,000. Councilmember 4 Elstro asked Grimes how much grant money the City has received for this year and Grimes said he would be 5 glad to get back with him with a total. 5 5 President Parker announced Ordinance No. 63- 1994 on public hearing. There being no comments either for 5? or against the ordinance, Councilmember McBride moved for engrossment, second by Councilmember 5� Hutton and the motion was carried on a unanimous voice vote. 5 5 Councilmember Brookbank moved to suspend the rules and advance Ordinance No. 63 - 1994 to third and 5 final reading,second by Councilmember McBride and the motion was carried on a unanimous voice vote. 5 5 The Clerk read Ordinance No. 63- 1994 on third reading. 6' 6 Ordinance No. 63 - 1994 was adopted on the following call of the roll. 6 6 Ayes: Elstro, Lundy, Brookbank, Donal, McBride, Allen, Dickman, Hutton and Parker (9) 64 Nays: None 65 50 Common Council Minutes Cont'd August 15, 1994 Page 4 1 2 3 ORDINANCE NO. 64-1994 4 5 The Clerk read Ordinance No. 64 - 1994 - AN APPROPRIATION ORDINANCE AMENDING THE 1914 6 BUDGET 7 8 Councilmember Brookbank moved to suspend the rules and advance Ordinance No. 64 - 1994 to seco d 9 reading and read by title only, second by Councilmember McBride and the motion was carried on a 10 unanimous voice vote. 11 12 City Controller Dennis Grimes explained the ordinance, stating that it amends the 1994 budget downwa d, 13 deleting $140,552 from the Fire Pension Fund and $124,733 from the Police Pension Fund. He said there 14 two items and this reduction ordinance is normal procedure in each budgetary process because it enabl-s 15 the City to delete the appropriation that is no longer necessary. He explained that the state requires the •ity 16 to budget fully for everyone eligible to retire in the police and fire departments. He added that by June 30 ih is 17 -known that there are no retirements and at least half the allotment is no longer necessary then the City a-I s 18 the budget be reduced accordingly and the levy then is shifted to help fund the ensuing year's budget. e 19 said this would help fund next year's budget considerably,to the tune of$268,000. 20 21 Councilmember McBride asked whether or not this would jeopardize either department and Grimes s.id 22 there are sufficient funds to fulfill any obligation that may be there. In answer to a question posed .y 23 President Parker, Grimes said the amount in that fund continues to grow yearly because the number of 24 eligible retirees increases and therefore the total allotment increases. 25 26 President Parker declared Ordinance No. 64 - 1994 on public hearing. There being no comments either or 27 or against the ordinance, Councilmember Dickman moved for engrossment, second by Councilmember 28 Hutton and the motion was carried on a unanimous voice vote. 29 30 Councilmember Lundy moved to suspend the rules and advance Ordinance No. 64 - 1994 to third and fi al 31 reading and read by title only, second by Councilmember McBride and the motion was carried on a 32 unanimous voice vote. 33 34 Ordinance No. 64- 1994 was adopted on the following call of the role: 35 36 Ayes: Elstro, Lundy, Brookbank, Donat, McBride, Allen, Dickman, Hutton and Parker(9) 37 Nays: None 38 39 ORDINANCE NO. 66 - 1994 40 41 The Clerk read Ordinance No. 66 - 1994 - A SPECIAL ORDINANCE AMENDING THE ZONING MAP ^T 42 211 AND 213 NORTH 6TH STREET 43 44 President Parker announced that Ordinance No. 66- 1995 would go to the Planning Commission. 45 46 Councilmember Lundy asked where Ordinance No. 65 - 1994 was and Milligan answered that it would be •n 47 first reading at Council's September 6th meeting. 48 49 ORDINANCE NO. 67- 1994 50 51 The Clerk read Ordinance No. 67 - 1994 - AN APPROPRIATION ORDINANCE AMENDING THE 1914 52 BUDGET 53 54 Councilmember Brookbank moved to suspend the rules and advance Ordinance No. 67 - 1994 to seco d 55 reading and read by title only, second by Councilmember McBride and the motion was carried on a 56 unanimous voice vote. 57 58 The Clerk read Ordinance No. 67- 1994 on second reading. 59 60 Grimes explained that this ordinance deletes from the general fund Board of Works Department $35,3 46 61 from other contractual services and adding $25,886 to the motor equipment and $9,500 for radio equipm:nt 62 which replaces an aging radio system to maintain good contact with the inspectors when they are out in t e 63 field. He stated further that the motor equipment is one Chevrolet truck for the building inspector and a Ford 64 truck for the person doing weights and measures and also serves as an inspector. Grimes added that it also 65 deletes from the Motor Vehicle Highway Fund $20,000 from other contractual services and adds it to hot/cold mix to facilitate the Street Division to do in-house paving rather than contractual paving which ill utilize the new paver. President Parker asked if Council will see more on the transfer of hot and cold mix n w that the City has the new paver and Grimes answered that that is quite possible since the City wants to e able to do as much as it can in house. • 505 • Common Council Minutes Cont'd August 15, 1994 Page 5 1 2 President Parker declared Ordinance No. 67 - 1994 on public hearing. There being no comments either for 3 or against the ordinance, Councilmember McBride moved for engrossment, second by Councilmember Allen 4 and the motion was carried on a unanimous voice vote. 5 6 Councilmember Brookbank moved to suspend the rules and advance Ordinance No. 67 - 1994 to third and 7 final reading and read by title only, second by Councilmember McBride and the motion was carried on a 8 unanimous voice vote. 9 • 10 The Clerk read Ordinande No. 67- 1994 on third reading. 11 12 Ordinance No. 67- 1994 was adopted on thefollowing call of the roll: 13 14 Ayes: Elstro, Lundy, Brookbank, Donat, McBride,Allen, Dickman, Hutton and Parker(9) 15 Nays: None • 16 17 ORDINANCES ON SECOND READING 18 19 ORDINANCE NO.54- 1994 20 21 The Clerk read Ordinance No. 54 - 1994 - (SECOND READING AMENDMENT) A GENERAL ORDINANCE 22 REVISING AND UPDATING THE RICHMOND CODE AS OF AUGUST 1, 1994 23 24 President Parker noted the second reading amendment to Ordinance No. 54 - 1994. City Attorney Thomas 25 Milligan said this ordinance is a compilation and rearrangement of the Richmond code and represents the 26 fourth project of arranging all of the general ordinances into one code. He said these ordinance are the ones 27 that regulate ongoing activity and are subject to enforcement by inspectors and other personnel. Milligan 28 stated that of the three variety of ordinance which are general, appropriation and special, only the general 29 ordinances go into the code book. In the past, he said, there have been two professional compilations by 30 outside firms, with one being done in the early 1960s and the other in 1982. He added that the previous 31 administration had done a compilation in-house which was adopted by Council in December 1991. Milligan 32 said President Parker had provided his office with the only copy of that compilation which is what they had 33 used as a base to work from. He said over the past year and a half, Deputy Clerk Myra Miller and Janet 34 Hibner in the Department of Law had endeavored to put this together but had not had the time to devote to it. 35 However, Alan Harzman, a 1993 graduate of Richmond High School who will be entering Vanderbilt 36 University as a sophomore this fall, had got the job accomplished at a cost to the City of$5.50 an hour which 37 is the going rate for summer employment. Milligan added that this had been a bargain for the City. 38 39 Harzman explained that he had worked from the 1990 revised code, going through ordinances that had been 40 adopted since 1990, and had found that several had been left out. He said he put into the computer the 41 original verbage and renumbered them, noting that some had never been put into code form. He explained 42 that in the first amendment are three items that should have been changed earlier, noting they are numbers 43 31.07,31.04 and 30.07 F2A. (Check in file in Clerk's office). 44 45 Councilmember Brookbank moved to adopt the amendment, second by Councilmember McBride and the 46 motion was carried on a unanimous voice vote. 47 48 Harzman said the second amendment contains a clarification of the garage sale section, noting that the old 49 code is four consecutive days and the new one is five times a year and is limited to that. He added that the 50 penalty of$25 per day for violation is new. Harzman said it is a rephrasing of Ordinance No.56 - 1983 which 51 said four consecutive days, adding that it did not belong in the zoning code but was more general. 52 Councilmember Donat asked if the original ordinance had a penalty and Harzman answered that it did not 53 and she asked whether or not that should be an action by Council. Harzman said it does and that is the 54 purpose of the second amendment. 55 56 Councilmember Elstro said he was sure that Council passed an ordinance 16 or 17 years ago limiting garage 57 sales to two or three and also stated that no poster signs be placed on the trees. Harzman said he was 58 unaware of such an ordinance but added that the posting of signs was covered in the Street Tree Section. 59 Councilmember McBride said he, too, was sure that such an ordinance was on the books. Milligan stated 60 that it is not in any of the compilations his office has worked with and added that it is appropriate if Council 61 sees fit to adopt this ordinance tonight that this has to be published since it has a penalty, then Council can 62 refine it and develop it in terms of experiences. He likened it to the barking dog ordinance, noting that 63 neighbors should keep a diary of when the garage sales are held and the inspectors can issue tickets. He 64 said the City would rely on responsible neighborhoods to record when these type of things are taking place. 65 • Common Council Minutes Cont'd Avgrlstl-5-1-1J94 -gY 6 1 • 2 Harzman said there is also a change in the Police Merit Commission rules. Milligan noted that it w-s 3 requested by John Egger that the number constituting a quorum be changed from five to four. He said the e 4 are seven members on a commission and a constitutional majority of four would enable them to condu t 5 business. 6 7 Councilmember Lundy moved to adopt the second reading amendment of Ordinance No. 54 - 1994, seco d 8 by Councilmember Allen and the motion was carried on a unanimous voice vote. Harzman received a rou d 9 of applause from Council for his work on the code books. Milligan said plans are to have enough copies of 10 the code book for all Councimembers, department heads and three copies in the City Clerk's office. e 11 added that bids are being invited from commercial printers for approximately 125 copies for distribution 'o 12 libraries and will be put on sale to law offices, newspapers, radio stations and anybody else involved in i s 13 usage. He said these would be sold at cost to the general public. In answer to a question posed .y 14 Councilmember Donat, Milligan said a copy would be given to the library free of charge. 15 16 President Parker announced that Ordinance No. 54 - 1994 was on public hearing. There being no commen s 17 either for or against the ordinance, Councilmember Allen moved for engrossment, second •y 18 Councilmember Dickman and the motion was carried on a unanimous voice vote. 19 20 Councilmember Lundy moved to suspend the rules and advance Ordinance No. 54 - 1994 to third and final 21 reading and read by title only, second by Councilmember McBride and the motion was carried on a 22 unanimous voice vote. 23 24 Ordinance No. 54 - 1994 was adopted on the following call of the roll: 25 26 Ayes: Elstro, Lundy, Brookbank, Donat, McBride, Allen, Dickman, Hutton and Parker(9) 27 Nays: None 28 29 ORDINANCES ON THIRD READING 30 31 There were none. 32 33 OLD BUSINESS 34 35 MISCELLANEOUS BUSINESS 36 37 Councilmember Donat expressed her appreciation for Harzman's efforts, adding that his brother is part of the 38 Richmond High School band, directed by Steve Varnell, which came in fifth in the state at the Band Del/ 39 contest at the Indiana State Fair. 40 41 ADJOURNMENT 42 43 There being no further business, on a motion duly made, seconded and passed,the meeting was adjourned. 44 45 46 47 48 49 50 51 Larry Parker, President 52 53 54 55 56 57 ATTEST: 58 Norma Carnes, City Clerk 59 60 61 62 63 64 65