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HomeMy Public PortalAbout10-20-1986 • • 4.19' • PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA, OCTOBER 20, 1986 1 The Common Council of. the City of Richmond, Indiana, met in regular session 2 October 20, 1986 at the hour of 7:30 P.M. in the Council Chambers in said 3 City. President Pro-tem Brookbank presided with the following Councilmembers 4 present: Elstro, Williams , Hankinson, Whitesell, Parker, Hutton and Morris. 5 Absent: Bodiker. The following business was had to-wit : 6 7 PLEDGE OF ALLEGIANCE 8 ' 9 SILENT DEVOTIONS 1.0 11 APPROVAL OF MINUTES OF OCTOBER 6, 1986 12 13 Councilmember Hankinson moved to approve the minutes of the previous meeting 14 as prepared, seconded by Councilmember Whitesell and on unanimous voice 15 vote the motion was carried. 16 . 17 COMMUNICATIONS FROM THE MAYOR • 18 • 19 Mayor Frank H. Waltermann stated that there would be a dedication of the 20 handicapped ramp at the south entrance of the Municipal Building on October 21 21, 1986 at 4:00 P.M. Mayor Waltermann said that the Community Council 22 on Disability Awareness would be participating since their input helped 23 develop the ramp and other handicapped facilities in the building. Mayor 24 Waltermann invited the presss to participate in the dedication. 25 26 PRESENTATION OF REMONSTRANCES, PETITIONS AND MEMORIALS 27 28 Councilmember Morris presented petitions to the Council containing over 29 230 signatures encouraging the veto of the Cat Control Ordinance. She said 30 the persons signing the petition have no objections to cats being registered, 31 vaccinated, strays controlled or neutering of cats . 32 33 REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY 34 35 Ms . Silberstein reported on the unsafe building hearing held on the property 36 located at 1302 East Main Street and the fact that the Board had affirmed 37 the order for repair or removal of the property. Ms. Silberstein stated 38 the Board accepted the retirement of Police Officer Keith Retz and also 39 approved the promotion of Gayle Cross in the Fire Department . Ms. 40 Silberstein said the Board had also awarded bids for various paving projects 41 approved the temporary closing of the G Street Bridge for testing and 42 approved and executed an agreement on the operation of the PEG channel . 43 44 President Pro-term Brookbank stated that Mr. Chuck Mosey sent his thanks 45 to the Mayor and the Fire Department for the handling of the fire on North 45 E Street and that no additional damages were allowed. 47 48 Councilmember Morris asked about the PEG channel and Ms. Silberstein stated 49 that formerly it had been operated as the school channel and with the cable 50 expansion a channel became available for a PEG operation. Ms. Silberstein 51 explained that the Board was attempting to lock in the channel with an 52 agreement as an addendum to the Franchise Agreement and that the channel II/ 53 would be used only for PEG operation prohibiting any commercial broadcasting 54 She added that they would have to set up an operating authority, located ' 55 equipment and funding. Ms . Silberstein said they are asking for 56 community support. 57 58 Councilmember Morris stated the Board of Works and Telecommunications Counci 59 should be commended for the work on the PEG channel. 60 61 REPORTS FROM SPECIAL COMMITTEES 62 63 Committee of the Whole 64 65 President Pro-tem Brookbank stated there would be a meetip3of the Committee 420 Common Council Minutes Cont 'd October 20, 1986 • Page 2 1 of the Whole on November 13, 1986 at 7:00 P.M. in the Council Chambers 2 regarding the proposed Human Relations Ordinance (45-1986) . 3 4 MISCELLANEOUS BUSINESS '5 11/ 6 President Pro-tem Brookbank welcomed the students in attendance from 7 Centerville Government Classes and Earlham College Journalism classes . 8 9 Guardian Angels - David Stephens 10 11 Mr. David Stephens of 425 Porterfield Avenue reported to the Council that the 12 Guardian Angels group from Indianapolis have been in the Richmond community 13 twice since their original announcement regarding location of a chapter in 14 Richmond. He said they would be having a meeting at the OIC building- on 15 . October 22, 1985 to make final decision on locating in Richmond. 16 17 Councilmember Morris asked what criteria was used when they selected locations 18 and Mr. Stephens stated they deal with victim crimes and the decision would 19 be based on that need. He stated they carry no weapons and are not super 20 heroes. 21 22 All Arerican'City Presentation 23 24 Mayor Frank H. Waltermann explained that Richmond was in the final sixteen 25 cities to be considered in the All American City competition. He said the 26 presentation for the competi_ti_on will be in Kansas City on November 7th, 8th 27 and 9th and the final decision would be made in February of 1987. 28 29 The Mayor said Nan Halsey was in charge of the presentation in cooperation 30 with the Chamber of Commerce and that the presentation included aspects on lir 31 • eduation, Gorge Project, WOW program for dislocated workers and economic 32 development. He stated they would be taking a small group from Richmond 33 and hopefully the Common Council would send a representative. 34 35 Mayor Waltermann also stated that the Municipal League of Cities would also 36 be holding a meeting in Kansas City at the same time and had some good seminars 37 to offer and that City officials could also take advantage of this. 38 • 39 The Mayor informed the Council that there would be a pre-celebration for the 40 Presentation on November 5, 1985 at the Tiernan Center for a send off for the 41 group participating in the presentation. Mayor Waltermann stated the 42 chances were excellent to become an All American City. 43 44 Discussion was held by the Council regarding sending a representative to 45 the All American City Competition and Councilmember Parker moved to 46 authorize the President of the Common Council or his designee to represent 47 the Common Council at the All American City Conference and to approve 48 appropriate expenditures, seconded by Councilmember Whitesell and on 49 unanimous -voice vote the motion was carried. 50 51 ORDINANCES • 52 • 53 ORDINANCES ON FIRST READING 54 55 Councilmember Morris moved to suspend the rules and read Ordinances No. 77, 56 78, 79, 80, 81 and 82-1986 on first reading by title only, seconded by 57 Councilmember Hutton and on unanimous voice vote the motion was carried. 58 59 ORDINANCE NO. 77-1986 60 61 The Clerk read on first reading by title only Ordinance No. 77-1986 - AN 62 ORDINANCE AMENDING CHAPTER 154 OF THE MUNICIPAL CODE, BEING ORDINANCE NO. 63 2325-1968, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF RICHMOND, 64 INDIANA,' PROVIDING FOR THE REZONING OF THE PROPERTY LOCATED AT 2500-2800 65 NATIONAL ROAD WEST FROM C-2 AND R-2 TO C-4. • • • Common Council Minutes Cont 'd October 20, 1986 Page 3 • • 1 • President Pro-tem Brookbank assigned Ordinance No. 77-1986 to the Plan 2 'Commission for public hearing and recommendation. 3 . 4 Councilmember Elstro asked who the petitioner is and Mr. Barden stated 5 he was not certain, but it was the property across the from the car dealer 6 west of Toschlog Road. 7 8 TRANSFER ORDINANCE NO. 78-1986 9 10 The Clerk read on first reading by title only Transfer Ordinance No. 78- 11 1986 - AN ORDINANCE TO TRANSFER WITHIN THE GENERAL FUND. 12 . 13 Councilmember Flstro moved to suspend the rules and move Ordinance No. 14 78-1986 to second reading, seconded by Councilmember Williams and on 15 unanimous voice vote the motion was carried. 16 17 The Clerk read Ordinance No. 78-1986 on second reading. 18 • 19 President Pro-tem 'Brookbank announced Ordinance No. 78-1986 was on public 20 hearing. 21 22 Speaking for Ordinance No. 78-1986 was Police Chief Nimitz: Chief Nimitz 73 stated the transfer was for gasoline, tires , building 'materials for 24 construction at the shooting range and for oil and garage supplies. Chief 25 Nimitz said the transfers would also be used for utility bills and should 26 carry through the end of the year. . .27 • 28 There being no further discussion, Councilmember Hankinson moved for 29 engrossment of Ordinance No. 78-1986, seconded by Councilmember Elstro 30 and on unanimous- voice vote the motion was carried. 31 32 Councilmember Elstro moved to suspend the rules and move Ordinance No. 33 78-1986 to third and final reading and read by title only, seconded by 34 Councilember Hankinson and on unanimous voice vote the motion was carried. 35 36 . The Clerk read Transfer Ordinance No. 78-1986 on third and final reading 37 by title only. 38 39 Transfer Ordinance No. 78-1986 was adopted on the following call of the 40 roll: 41 42 Ayes : Elstro, Williams , Hankinson, Whitesell, Parker, Hutton, Morris and 43 Brookbank. (8) 44 Nays: None 45 Absent: Bodiker (1) 46 47 APPROPRIATION ORDINANCE NO. 79-1986 48 49 The Clerk read on first reading by title only Appropriation Ordinance No. 50 79-1986 - AN ORDINANCE TO APPROPRIATE WITHIN THE LOCAL ROAD AND STREET 51 FUND. 52 53 President Pro-tem Brookbank announced Appropriation Ordinance No. 79-1986 54 had to be advertised. 55 56 ORDINANCE NO. 80-1986 57 58 The Clerk read on first reading by title only Ordinance No. 80-1986 - AN 59 ORDINANCE TO REDUCE WITHIN THE PARK FUND. • 60 61 Councilmember Morris moved to suspend the rules and move Ordinance No. 62 80-1986 to second reading, seconded by Councilmember Hankinson and on 63 unanimous voice vote the motion was carried. 64 65 The Clerk read Ordinance No. 80-1986 on second reading. • 4-2 Common Council Minutes Contrd October 20, 1986 • Page. 4 1 Councilmember Elstro asked for an explanation and City Controller Marge 2 "Sweet explained that the ordinance is to reduce the Park General Fund by 3 the amount of money appropriated by the Common Council into .the Park 4 Non-Reverting Fund. Ms. Sweet stated it was to clean up the bookkeeping fog 5 the State Tax Commission since they still- show the budget as approved prior 6 to the non-reverting fund. 7 8 There being no further comment, Councilmember Hankinson moved for engrossme-it 9 of Ordinance No. 80-1986, seconded by Councilmember Elstro and on unanimous 10 voice vote the motion was carried. 11 12 Councilmember Morris moved to suspend the rules and move Ordinance No. 80-1)86 • 13 to third and final reading and read by title only, seconded by Councilmember 14 Hankinson and on unanimous voice vote the motion was carried. 15 16 The Clerk read Ordinance No. 80-1986 on third and final reading by title onLy. 17 18 Ordinance No. 80-1986 was adopted on the following call of the roll: 19 20 Ayes : Elstro, Williams, Hankinson, Whitesell, Parker, Hutton, Morris and 21 Brookbank (8) 22 Nays: None 23 Absent; Bodiker (1) 24 25 ORDINANCE NO. 81-1986 26 27 The Clerk read on first reading by title only Ordinance No. 81-1986 - AN . 28 ORDINANCE TO REDUCE WITHIN THE AIRPORT FUND. 29 30 Councilmember Morris moved to suspend the rules and move Ordinance No. 81-1986 31 to second reading, seconded by Councilmember Whiltesell and on unanimous voice 32 vote the motion was carried. 33 34 The Clerk read Ordinance No. 81-1986 on second reading. 35 36 President Pro-tem Brookbank announced Ordinance No. 81-1986 was on public 37 hearing. 38 39 Ms . Sweet explained the ordinance was to reduce the budget since they would 40 not meet the anticipated revenue with the decrease in the price of gasoline. 41 42 Being no further comment, Councilmember Hankinson moved for engrossment of 43 Ordinance No. 81-1986, seconded by Councilmember Parker and on unanimous voice 44 vote the motion was carried. 45 46 Councilmember Williams moved to suspend the rules and move Ordinance No. 47 81-1986 to third and final reading and read by title only, seconded by 48 Councilmember Hankinson and on unanimous voice vote the motion was carried. 49 50 The Clerk read Ordinance No. 81-1986 on third and final reading by title only. 51 52 Ordinance No. 81-1986 was adopted on the following call of the roll: 53 54 Ayes : Elstro, Williams, Hankinson, Whitesell, Parker, Hutton, Morris and 55 Brookbank (8) 56 Nays : None 57 Absent: Bodiker (1) 58 59 ORDINANCE NO. 82-1986 60 61 The Clerk read on first reading by title only Ordinance No. 82-1986 - AN 62 ORDINANCE AUTHORIZING THE RICHMOND SANITARY BOARD TO ESTABLISH' A FUND FOR 63 EMERGENCY RELIEF ASSISTANCE. 64 65 Councilmember Elstro moved to suspend the rules and move Ordinance No. 423 • Common Council Minutes Cont 'd • October 20, 1986 Page 5 1 82-1986 .to second reading, seconded by Councilmember Hankinson and on 2 unanimous voice vote the motion was carried. 3 4 The Clerk read Ordinance No. 82-1986 on second reading. 5 6 President Pro-tem Brookbank announced Ordinance No. 82-1986 was on public • 7 hearing. 8 9. Mr. Barden explained the ordinance authorizes the Sanitary Board to set 10 up a relief fund to assist persons With damages to furnaces, water heaters, 11 or electrical panels. The fund will be available for no interest loans 12 after city building inspectors have authorized work to be done on the 13 furnaces, etc . Mr. Barden stated that the Council would have the authority 14 under Home Rule powers to authorize the Sanitary Board to establish the 15 fund. 16 17 Councilmember Hankinson asked if there was a current estimate of damages 18 and would the 10,000.00 set out in the Resolution be sufficient . 19 20 Mr. Barden stated they felt the amount was sufficient and could add 21 additional funds if necessary. 22 23 Mr. Jerald Judge, Sanitary District Administrator, stated these were no 24 interest loans to be paid back and would not affect the sewer fees. • 25 26 Councilmember Williams asked if these funds could be used for the butterfly 27 traps to prevent flooding and Mr. Barden stated there would be funds . 28 available under the General Improvement Fund for assistance with the 29 butterfly traps . 30 . 31 Councilmember Morris asked what criteria was used to determine the 32 funds could be used for furnaces and water heaters and Mr. Barden stated 33 the funds would be used to repair items essential to life-and the 34 inspectors will determine what will qualify. 35 36 Councilmember Whitesell commented that in the meeting with the Sanitary 37 District Commissioners and residentss expressed their problems and that 38 this will not solve all, but will address some of the concerns. 39 40 Councilmember Parker stated he was in favor and asked about the time limit 41 to qualify for the loans. 42 43 Mayor Waltermann stated that there are still some residents without heat 44 and water, but many have reported their problems. He said to determine 45 if everybody has been addressed it would take a door to door effort and 46 that the loan will be available into the hearing season to make certain 47 that everybody is helped. 48 49 Mr. Barden added that the Council is only exercising its home rule powers 50 by giving the authority and the mechanics will be handled by the Sanitary 51 District. 52 53 There being no further questions or comments, Councilmember Williams moved 54 for engrossment of Ordinance No. . 82-1986, seconded by Councilmember Hutton 55 and on unanimous voice vote the motion was carried. 56 57 Councilmember Williams moved to suspend the rules and move Ordinance No. 58 82-1986 to third and final reading and read by title only, seconded by 59 Councilmember Hankinson and on unanimous voice vote the motion was carried. 60 61 The Clerk read Ordinance No. 82-1986 on third and final reading by title 62 only. 63 64 Ordinance No. 82-1986 was adopted on the following call _of the roll: 65 42: 4 • • Common Council Minutes Cont 'd October 20, 1986 Page 6 1 Ayes: Elstro, Williams, Hankinson, Whitesell, Parker, Hutton, Morris and 2 Brookbank (8) 3 Nays: None 4 Absent: Bodiker (1) 5 6 ORDINANCES ON SECOND READING 7 • 8 ORDINANCE NO. 76-1986 9 10 The Clerk read on second reading Ordinance No. 76-1986 - AN ORDINANCE 11 PROHIBITING THE PARKING OF UNAUTHORIZED VEHICLES IN MARKED F3RE LANES. 12 13 Mr. Barden examined the Proof of Publication and. found it to be in order. 14 15 Councilmember Whitesell moved to accept and file the Proof of Publication, 16 seconded by Councilmember Hankinson and on unanimous voice vote the motion 17 was carried. • 18 19 President Pro-tem Brookbank announced Ordinance No. 76-1986 was on public 20 hearing. 21 22 Councilmember Hankinson stated he understood that Mr. Barden had contacted 23 shopping center management regarding the ordinance. He said in talking with 24 some of them, there is ignorance of this ordinance. 25 26 Mr. Barden stated that if Councilmember Hankinson was refering to Gateway, 27 they did not claim the certified mail and the notice has been sent by regular 28 mail. Mr. Barden said he has heard from all the other shopping centers . 29 111 30 In response to Councilmember Hankinson, Mr. Barden stated if the ordinance 31 was not enforced the shopping centers could loose their 'i_nsurance and the St to 32 Administrative Building Council could revoke occupancy permits. 33 34 Councilmember Hankinson stated that the ordinance warrants extensive publica ion 35 since customers are not aware of the penalty. 36 37 Councilmember Whitesell asked for clarification on issuing the ticket and Mr 38 Barden stated that either or both the store owner or the car can get tickete4l 39 and that the City will be ticketing upon passage and publication of the ordi ance. 40 41 Councilmember Hankinson asked if the ordinance backed up state law and Mr. 42 Barden stated it does since fire lanes must be provided. 43 44 Speaking against Ordinance No. 76-1986 was Violet Nelson of N.W. H Street . 45 Ms. Nelson asked how many cars in fire lanes have interfered with fire runs 46 and Mr. Barden stated it has happened and the ordinance is trying to prevent 47 a tragedy. 48 49 Councilmember Morris added that it also protects the public safety by giving 50 a better view to cross streets and it also prevents the blocking of ramps used 51 by the handicapped and elderly. 52 53 Being no further comment, Councilmember Hankinson moved for engrossment,. 54 seconded by Councilmember Williams and on unanimous voice vote the motion was 55 carried. 56 57 Councilmember Hankinson moved to suspend the rules and move Ordinance No. 58 76-1986 to third and final reading and read by title only, seconded by 59 Councilmember Parker and on unanimous voice vote the motion was carried. 60 • 61 The Clerk read Ordinance No. 76-1986 on third and final reading by title only. 62 63 Ordinance No. 76-1986 was adopted on the following call of the roll: 64 65 Ayes: Elstro, Williams, Hankinson, Whitesell, Parker, Hutton, Morris and • 425 • • Common Council Minutes Cont 'd October 20, 1986 Page 7 • 1 Brookbank (8) 2 Nays: None 11/ 3 Absent: Bodiker (1) 4 5 UNSIGNED ORDINANCES 6 7 AMENDED ORDINANCE NO. 51-1986 8 9 Amended Ordinance No. 51-1986 was returned to the Common Council on October 10 20, 1986 'remaining unsigned by Mayor Frank H. Waltermann and thereby 11 having-been vetoed. 12 • 13 Amended Ordinance No. 51-1986 remains vetoed, with no action to override 14 the veto having been taken by the Common Council. 15 16 ' ADJOURNMENT 17 18 There being no further business , on a motion duly made, seconded and passed 19 the meeting was adjourned. 20 21 22 Jane R. Brookbank, President Pro-tem 23 • 24 25 ATTEST: • 26 Mary Merchanthouse, City Clerk 27 . 28 29 30 31 32 33 34 35 36 37 38 • 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 • 54 55 56 57 58 59 60 61 62 63 64 65 S9 179 £9 Z9 19 09 65 85 LS 95 SS 17S £S ZS IS OS 617 817 L17 917 S17 1717 E17 Z17 117 017 6£ 8£ L£ 9£ S£ 17£ ££ Z£ I£ O£ 6Z 8Z LZ 9Z SZ 17Z £Z ZZ IZ OZ 61 81 LI 91 SI t7I £I ZI 11 01 6 8 L 9 17 £