HomeMy Public PortalAbout11-16-1987 407
PROCEEDINGS OF THE COMMON COUNCIL OF THE
CITY OF RICHMOND, INDIANA. NOVEMBER 16. 1987
1 The Common Council of the City of Richmond, Indiana met in regular session November 16, 1987 at the hour
2 of 7:30 P.M. in the Council Chambers in said City. President Brookbank presided with the following
3 Councilmembers present: Elstro, Williams, Hankinson, Whitesell, Parker, Hutton, Morris and Theobald.
4 Absent:None. The following business was had to-wit:
5
6 PLEDGE OF ALLEGIANCE
7
8 SILENT DEVOTIONS
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10 APPROVAL OF MINUTES OF NOVEMBER 2.1987
11
12 Councilmember Hankinson moved to approve the minutes of the previous meetings as prepared,seconded
13 by Councilmember Hutton and on unanimous voice vote the motion was carried.
14
15 COMMUNICATIONS FROM THE MAYOR
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17 Mayor Frank H.Waltermann presented the following statement to the Council:
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19 Fundamental emphasis in the next four years is on working smarter-not harder.
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21 Our philosophy is on quality improvement, using data we have acquired. Our goal will be improved
22 efficiencies and better quality services and these efforts will be a result of continued cooperative
23 ventures involving business, government and education.
24
25 Prime examples of service we can provide in light of loss of dollars from the Federal level, which
26 impacts State services to us at the local level, is how we have the ability to construct roads and
27 sewers in house when we no longer have the dollars to pay for contractual service. This is a
28 significant change and the improved strategy of this choice to meet challenges has been very
29 effective. We have competent leadership at all levels and they have become the solution to our
30 problems. Our work force, of quality minded public servants has helped us to be more effective in
31 the utilization of budgets and cost savings were passed back to them as an incentive.
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33 While other cities are searching for ways to become competitive, we have led the way and we are
34 the competition.
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36 What we have done could be used as an example for the federal and especially the state level to
37 follow. We are getting the job done because we have the commitment to quality improvements.
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39 I will be making some minor adjustments in our organization to meet these continued goals, but
40 nothing as yet has been laid out in black and white and only when I lay out my plans to those
41 departments involved will there be any concrete evidence of any shifting of any type.
42
43 We have witnessed an election which shatters productivity and effectiveness among all
44 departments, but now has settled down to give us three good years and one year of question. We
45 need to work for a better system to provide good continuity for our over 500 employees who have
46 made a commitment to our community through years of service and dedication usually at a lower
47 pay, while providing necessary services to the citizens. They deserve protection and relief from
48 cronyism to merit while they continue to try and please two parties. We have to participate in
49 getting our State to be more aggressive and competent,to have growth like our sister states and to
50 raise our national standing among all states, in every discipline to the top 5%of each category.
51
52 We all must participate in the legislative process on our state level to insure the next generation
53 prosperity and happiness which all citizens deserve.
54
55
56 REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY
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58 Ms. Silberstein reported to the Council that the Board had temporarily reversed their decision on restricted
59 parking on Butler Street pending a feasibility study of widening the street. The Board also authorized the
60 Purchasing Director to work with a private contractor for control of pigeons and starlings within the City.
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62 Ms. Silberstein stated the Impound Area Contract had been amended for the remainder of the contract to
63 allow it to be located on property contiguous to the City and the Board had also entered into an agreement
64 with Indiana University East and the State Department of Highways for the signalization of the entrance to
65 IUE on 27 North. Ms. Silberstein also announced the Board had approved the temporary closing of Sylvan
341)4
Common Council Minutes Cont'd
November 16, 1987
Page 2
1 Nook Drive on November 18th and 19th for sewer lines to be installed.
2
3 Ms. Silberstein commended the employees of the Street Department for the efficient pick up of leaves and
4 their fine efforts with this project.
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6 Councilmember Elstro asked if any information had been received on the condition of the C&O tracks and
7 Mr. Barden said he had received no response yet, and understands they are still in the process of vacating
8 portions of their tracks.
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10 Ms. Silberstein said they will continue their efforts to get the tracks improved.
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12 Mayor Waltermann explained the tracks they were petitioning to vacate were near Peru and from Vincinnes
13 to Cincinnati. He said he was still waiting to hear the service impact on the City.
14
15 RESOLUTIONS
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17 Councilmember Morris moved to suspend the rules and put Resolutions No. 13 and 14-1987 on
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19 the agenda, seconded by Councilmember Whitesell and on unanimous voice vote the motion was
20 carried.
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22 Councilmember Morris moved to suspend the rules and read Resolutions No. 13 and 14-1987 by
23 title only, seconded by Councilmember Williams and on unanimous voice vote the motion was
24 carried.
25
26 MISCELLANEOUS BUSINESS
27
28 President Brookbank announced the Municipal Leadership Conference for newly elected and
20 30 veteran municipal officials. Anyone interested in attending should contact President Brookbank
31 or Marge Sweet.
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33 RESOLUTION NO. 13-1987
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35 The Clerk read by title only Resolution No. 13-1987 - A RESOLUTION AUTHORIZING THE CITY OF
36 RICHMOND TO MAKE FULL APPLICATION FOR AN INVESTMENT INCENTIVE PROGRAM GRANT,AND
37 AUTHORIZING THE MAYOR TO SIGN AND SUBMIT SUCH APPLICATION TO THE INDIANA
38 DEPARTMENT OF COMMERCE.
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40 President Brookbank explained the application was for funding for Ludowici Tile and asked Mr.
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42 Tony Slone, President of Freeman Designing and Plan to explain the application.
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44 Mr. Slone informed the Council that both resolutions deal with new companies and the Indiana
45 Department of Commerce has committed to help the companies locate here with dollars to be
46 given to the city to loan to the companies and also with infrastructure improvements.
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48 He said the Resolution covers the formality of the application, but the funds have previously
49 been committed and include an Investment Incentive Grant to Tech Fab in the amount of
50 87,500., an Investment Incentive Grant to Ludowici in the amount of 80,000. and an
51 infrastructure grant in the amount of 200,000. The grants involve no dollar cost to the city.
52
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54 There being no further comment, Councilmember Morris moved for adoption of Resolution No.
55 13-1987, seconded by Councilmember Parker and on unanimous voice vote Resolution No. 13-
56 1987 was adopted.
57
58 RESOLUTION NO. 14-1987
59
60 The Clerk read by title only Resolution No. 14-1987 - A RESOLUTION AUTHORIZING THE CITY OF
61 RICHMOND TO MAKE FULL APPLICATION FOR AN INDUSTRIAL DEVELOPMENT INCENTIVE
62 PROGRAM GRANT,AND AUTHORIZING THE MAYOR TO SIGN AND SUBMIT SUCH APPLICATION TO
63 THE INDIANA DEPARTMENT OF COMMERCE.
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Common Council Minutes Cont'd
November 16,1987
Page 3
1 Having received prior explanation, Councilmember Elstro moved for adoption of Resolution No.
2 14-1987, seconded by Councilmember Parker and on unanimous voice vote Resolution No. 14-
3 4 1987 was adopted.
5 ORDINANCES
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7 ORDINANCES ON FIRST READING
8
9 Councilmember Morris moved to suspend the rules and read Ordinances No. 64 , 65 and 66-1987 on first
10 reading by title only, seconded by Councilmember Whitesell and on unanimous voice vote the motion was
11 carried.
12
13 ORDINANCE NO.64-1987
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15 The Clerk read on first reading by title only Ordinance No. 64-1987-AN ORDINANCE AMENDING AMENDED
16 ORDINANCE NO.53-1986(1987 SALARY ORDINANCE FOR THE CITY OF RICHMOND, INDIANA FOR THE
17 FISCAL YEAR BEGINNING JANUARY 1, 1987 AND ENDING DECEMBER 31, 1987)
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19 Councilmember Morris moved to suspend the rules and move Ordinance No. 64-1987 to second reading,
20 seconded by Councilmember Whitesell and on unanimous voice vote the motion was carried.
21
22 The Clerk read Ordinance No.64-1987 on second reading.
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24 President Brookbank announced Ordinance No.64-1987 was on public hearing.
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26 City Controller, Marge Sweet,explained the ordinance transferred an additional 500.00 to the temporary help
27 category to meet payroll for Dana Lewis, Weights and Measures Inspector and Weed Control Officer. The
28 funds are available in other 1000 categories,therefore, needing no appropriation.
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30 There being no further comment, Councilmember Hankinson moved for engrossment, seconded by
31 Councilmember Elstro and on unanimous voice vote the motion was carried.
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33 Councilmember Whitesell moved to suspend the rules and move Ordinance No. 64-1987 to third and final
34 reading and read by title only,seconded by Councilmember Williams and on unanimous voice vote the motion
35 was carried.
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37 The Clerk read Ordinance No.64-1987 on third and final reading by title only.
38
39 Ordinance No.64-1987 was adopted on the following call of the roll:
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41 Ayes: Elstro,Williams, Hankinson,Whitesell, Parker, Hutton, Morris,Theobald and Brookbank (9)
42 Nays: None.
43
44 APPROPRIATION ORDINANCE NO.65-1987
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46 The Clerk read on first reading by title only Ordinance No. 65-1987-AN ORDINANCE TO APPROPRIATE
47 WITHIN THE LOCAL LAW ENFORCEMENT CONTINUING EDUCATION FUND.
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49 President Brookbank announced Ordinance No. 65-1987 had to be advertised.
50
51 APPROPRIATION ORDINANCE NO.66-1987
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53 The Clerk read on first reading by title only Ordinance No. 66-1987-AN ORDINANCE TO APPROPRIATE
54 WITHIN THE LOCAL ROAD AND STREET FUND.
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56 Councilmember Whitesell asked if the funds were for the light at the IUE entrance and if some would be
57 58 reimbursed.
59 Ms. Sweet explained that ICTV, Ponderosa and IUE would be reimbursing the City for their share of the
60 funding and the City will be handling the funds and bidding.
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62 Councilmember Whitesell commented he was glad to see the project get started and the City be involved.
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64 President Brookbank announced Ordinance No. 66-1987 had to be advertised.
65
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Common Council Minutes Cont'd
November 16, 1987
Page 4
1 ORDINANCES ON SECOND READING
2
3 ORDINANCE NO.54-1987
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5 The Clerk read on second reading Ordinance No.54-1987-AN ORDINANCE RELATING TO CONTROL OF
6 VICIOUS DOGS.
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8 President Brookbank announced Ordinance No. 54-1987 was on public hearing and requested
9 Councilmember Whitesell to update the Council and the audience on the events having taken place to date
10 on Ordinance No.54-1987.
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12 Councilmember Whitesell explained that the Ordinance was introduced on September 21, 1987 after concern
13 was expressed over vicious dogs, especially the breeds of Pit Bulls. The ordinance was assigned to the
14 Public Safety Committee of the Common Council and various meetings were held to gain public input and to
15 asses the issue and the need. Councilmember Whitesell said after the meetings were held the input was
16 taking into consideration and an amended ordinance was drafted to replace the original ordinance in whole.
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18 Councilmember Whitesell said they tried to deal with the recommendations and recognize the number one
19 concern was with the owners of dogs that could become vicious instead of dealing with specific dogs. He
20 said there are concerns with specific breeds and also other dogs that have the potential to be dangerous.
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22 Councilmember Whitesell said the Committee tried to write an ordinance with a time frame and deal with all
23 that might be concerned, so it would not be dated. He said the biggest concerns was constraints, restraints
24 and actions to be taken by owner if a dog is considered vicious. He added the amended ordinance
25 presented is to deal with the problem as they see it at this point and as issues become clearer,the Council
26 can benefit from this attempt. Councilmember Whitesell stated that hopefully this will bring some recognition
27 of the problem and force some severe liabilities on owners that might allow a vicious dog to escape or
28 attack.
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30 Councilmember Parker said he would like to make one amendment on page 2(3)Add"or given away"after"If
31 sold".
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33 Councilmember Morris suggested that under Definition of Dangerous Dog (4)it be amended to read, "Any dog
34 owned or harbored primarily or in part for the purpose of dog fighting or any dog trained for dog fighting;or".
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36 Councilmember Whitesell asked that the reference to Animals on page 2 (4) be changed to Dog to keep in
37 line with the rest of the ordinance.
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39 Councilmember Williams stated he did not want to see the ordinance watered down and that specific
40 amendments can be added at a later date,but this is a place to start.
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42 Councilmember Hankinson stated he agreed with Councilmember Williams and they needed to get an
43 ordinance on the books that can later be amended as needed.
44
45 President Brookbank suggested they receive audience comment and Councilmember Parker asked that the
46 suggested amendments be made prior to public comment.
47
48 President Brookbank request all references to dangerous or vicious in the ordinance be referred to as
49 dangerous/vicious.
50
51 Councilmember Parker moved to amend Ordinance No.54-1987 in its entirety with the ordinance drafted on
52 November 6, 1987 and all suggested amendments be incorporated,seconded by Councilmember Hankinson
53 and on unanimous voice vote the motion was carried.
54
55 Speaking from the audience was Mr. R.F. Longer, President of the Animal Welfare League. Mr. Longer
56 thanked the Council for the work on the ordinance and said it was a very good ordinance. Mr. Longer said
57 the owners should be held responsible and he was glad this was happening.
58
59 Dr. Carolyn Blakey sated she felt the Council did a good job and it was a very workable ordinance. She
60 added that she appreciated their efforts.
61
62 There being no further comment, Councilmember Hankinson moved for engrossment of Amended Ordinance
63 No.54-1987,seconded by Councilmember Williams and on unanimous voice vote the motion was carried.
64
65 Councilmember Whitesell moved to suspend the rules and move Amended Ordinance No.54-1987 to third
�g9
Common Council Minutes Cont'd
November 16, 1987
Page 5
1 and final reading and read by title only, seconded by Councilmember Parker and on unanimous voice vote
2 the motion was carried.
3
4 The Clerk read Amended Ordinance No.54-1987 on third and final reading by title only.
5
6 Prior to a vote being taken, members of the audience asked to make further comment.
7
8 A member of the audience, identifying herself as a citizens of the community and a dog breeder informed the
9 Council they had done a tremendous job and she was pleased. She did, however, asked about some points
10 that had been addressed in the newest draft of the ordinance.
11
12 She also asked if the Council might not want to address specifics regarding the yellow collar a dangerous/
13 vicious dog would be required to wear. She also commented on the section of the ordinance dealing with no
14 muzzles required at sanctioned AKC events or upon approval by the Health Department and said that AKC
15 deals with this problem and such dogs would not be allowed by the judges.
16
17 She also said she was pleased with the reference to dangerous/vicious and the owners responsibility as set
18 forth in the ordinance.
19
20 Mr. Rick Musselman,303 North 18th Street informed the Council that under Definition of Dangerous Dog(1),
21 he did not like the reference to breed.
22
23 Councilmember Whitesell stated that under Determination of a Dangerous Dog (2) there was an appeals
24 process through the Board of Public Works and Safety.
25
26 Mr. Musselman commented that if neighborhoods just decide to get a petition because they do not like a dog,
27 the owner would have to go through the appeals procedure.
28
29 Councilmember Parker stated the Police Department would make the determination if the dog was vicious,
30 not the neighbors.
31
32 Mr. Musselman said a Police Officer could just see that a person owned a"pit bull"and file a complaint.
33
34 Ms. Laurie Worch, 1472 State Road 122,told the Council she also did not believe the ordinance needed the
35 reference to breed and that it could be excluded from the ordinance.
36
37 President Brookbank reminded the audience that the public hearing was over and the Council needed to
38 address the ordinance on third reading.
39
40 Councilmember Parker said he felt the issue of specifics on the collar could be valid and if they were going to
41 make changes they should do it now.
42
43 Upon inquire, Dr. Blakey said any strong nylon collar would restrain the dog, but she was unable to make a
44 specific reference to any special color of yellow.
45
46 Mr. Barden commented that they should leave the section alone and see what happens, since yellow is
47 definitely a different color than brown, red, etc.
48
49 Councilmember Morris commented that she had intended to hold the ordinance up, but with the audience
' 50 reaction she decided to allow final action. She announced she would be attending a seminar on vicious dogs
51 and will suggest amendments as needed.
52
53 Amended Ordinance No.54-1987 was adopted on the following call of the roll:
54
55 Ayes: Elstro,Williams, Hankinson,Whitesell, Parker, Hutton, Morris,Theobald and Brookbank (9)
56 Nays: None
57
58 Welcome of Government Classes
59
60 President Brookbank welcomed the members of the Richmond High School government classes in
61 attendance.
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Common Council Minutes Cont'd
November 16,1987
Page 6
1 ADJOURNMENT
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3 There being no further business,on a motion duly made, seconded and passed,the meeting was adjourned.
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11 Jane R.Brookbank,President
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13 ATTEST:
14 Mary Merchanthouse,City Clerk
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