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HomeMy Public PortalAbout08-18-1986 389 PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA, AUGUST 18, 1986 1 The Common Council of the City of Richmond, Indiana, met in regular session 2 August 18, 1986 at the hour of 7:30 P.M. in the Council Chambers in said 3 City. President Bodiker presided with the following Councilmembers present: 4 Elstro, Williams, Brookbank, Hankinson, Whitesell, Parker, Hutton and Morri . 5 Absent: None. The following business was had to-wit: 6 7 PLEDGE OF ALLEGIANCE 8 9 SILENT DEVOTIONS 10 11 APPROVAL OF MINUTES OF AUGUST 4, 1986 12 13 Councilmember Hankinson moved to approve the minutes of the previous meetin: 14 as prepared, seconded by Councilmember Brookbank and on unanimous voice 15 vote the motion was carried. 16 17 COMMUNICATIONS FROM THE MAYOR 18 19 Mayor Waltermanri relinquished his time for comments to make additional time 20 for the Sister City USSR Trip presentation. 21 22 REPORTS FROM CITY DEPARTMENTS 23 24 Public Works 25 26 Mrs. Marella Worch of 4658 St. Rd. 227 North approached the Council regardi g 27 her apartment complex and the containers that the Sanitary District are 28 using for their sideloading equipment . Mrs. Worch stated that she had call:d 29 the Sanitary District regarding the containers and her paying the maintenance 30 fee for the containers at her apartments being used by other apartments 31 who are not paying for the containers . Mrs. Worch indicated that she was 32 informed she would be responsible for the payments regardless of who was 33 using the containers. 34 35 Mr. Jerald Judge reported that the District was just now in the process 36 of putting the containers out for use. 37 38 Mrs. Worch stated that her was by her building and she was willing to pay 39 the maintenance fee, but did not find it fair that other could use the same 40 container and not be assessed for the maintenance. 41 42 Councilmember Williams commented that he thought Mr. Willis might be here 43 to address the question and asked Mr. Judge if it was mandatory to have 44 the containers and pay the maintenance if they did not want them. 45 46 Mr. Judge commented that they could go to private haulers . 47 48 Mrs. Worch stated that she was willing to pay her share, but not pay for 49 six (6) or seven (7) other buildings using the container. 50 51 Mr. Judge stated that the Sanitary District would be willing to work with 52 Mrs . Worch to solve the problem. 53 54 President Bodiker informed Mrs. Worch to make contact with Mr. Judge to 55 work out the problem. 56 57 REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY 58 59 Councilmember Williams asked City Attorney Barden about the utility cuts 60 in city streets, especially those in newly paved streets. Councilmember 61 Williams stated that the utility companies should be forced to resurface 62 some of the streets with multiple cuts. 63 64 Mr. Barden stated he had talked with the utilities and that his office or 65 Mr. Willis sliouid be:notified-if.the cuts are not !completely; repaired witl3i 390 Common Council Minutes Cont'd August 18, 1986 Page 2 1 thirty (30) days of the cut. 2 3 Councilmember Williams commented that some of the cuts look bad and he feels 4 the streets should be resurfaced. 5 6 Mr. Barden stated that he felt there would be real resistance from the utility 7 companies on resurfacing. 8 9 President Bodiker stated that he hoped there was some discussion with the 10 utility companies on doing cuts prior to the paving of streets . 11 12 Mr. Barden stated that he understood that sometimes paving equipment will cause 13 problems that need to be corrected causing a cut. 14 15 Bill Hillard, Street Commissioner, stated that they do work with the utility 16 companies and do notify them prior to the paving of streets. He stated 17 that the settling of the fill in the cut takes about thirty (30) days before 18 they can be surfaced. Mr. Hillard stated that he did not see why any paving 19 would cause cracking of lines. 20 21 Councilmember Morris asked if streets are weakened by the cuts and that woul 22 be more likely to cause cracking. 23 24 Mr. Hillard stated that was true, especially if they were not being repaired 25 correctly. He stated that the utility companies are doing a better job this 26 year than in the past and he has been better satisfied. 27 28 Mr. Barden stated that since the Council adopted the State Code in Ordinance 29 form, the utility companies have been willing to comply and if there are 30 any particular locations of concern persons should notify himself, Mr. 31 Willis or Mr. Hillard. 32 33 REPORTS FROM SPECIAL COMMITTEES 34 35 Committee of the Whole 36 37 Councilmember Brookbank reminded the Council of the Committee of the Whole 38 meeting scheduled for August 28, 1986 on Ordinance No. 59-1986 (Building Cod-s) 39 and Hazardous Materials. The meeting will be at 7:00 P.M. in the Board of 40 Works Room in the Municipal Building. 41 42 MISCELLANEOUS BUSINESS • 43 44 Councilmember Williams asked about the Human Relations Ordinance still being 45 in the Committee of the Whole and what the intention was on the ordinance. 46 Councilmember Brookbank stated that the budget had been an immediate 47 priority and they will get back with the Human Relations Ordinance now that 48 the budget hearings have been completed. 49 50 Councilmember Morris reminded the Council that there might have to be some 51 financial commitment made to the Human Relations Ordinance that might need 52 some investigation. 53 54 Presentation of Sister City Trip to USSR 55 56 Ms . Eleanor Turk of Indiana University East introduced the program on the 57 trip to Smolensk, USSR regarding a possible Sister City Program. 58 59 Mr. Alex Kuperwicz shared slides of the trip with the Council and gave 60 commentary on the slide presentation. 61 62 Ms. Phyllis Wesler informed the Council of the inportance of children to 63 know of the different cultures and told about the drawings taken from local 64 school children and shared some of the posters brought back from the 65 children of Smolensk. 391 Common Council Minutes Cont'd August 18, 1986 Page 3 1 Mr. John Richwind shared experiences with the Council on a trip to a chickem 2 factory which was a self contained community with schools, clinics and 3 the industry. He informed the Council that he felt the trip was worth- 4 while and that the people of Smolensk want to keep the lines of 5 communication open. 6 7 Local librarian Doris Ashcraft told the Council that she took fifteen (15) 8 children's picture books and presented them to a children's library in 9 Smolensk. She stated that they recirpocated with books and have read 10 American authors . Ms. Ashbrook stated that the libraries in the USSR are 11 open later hours for the people. Ms. Ashbrook also stated that she felt 12 that even though the newspapers there have limits, they also have 13 publishing integrity. Ms. Ashbrook indicated that there are a lot of 14 misconceptions about Americans and American life, but enough contacts can • 15 make a difference. 16 17 Ms. Turk reported that Richmond is unique since it it the smallest City 18 with productive tresholds in the Sister City Program with the USSR. 19 20 Mr. Sam Neff reported on the 30th Anniversary Meeting of the Sister Cities 21 International and that while in attendance he had met with the head of 22 the Soviet Sister City Program. Mr. Neff was informed that he should have 23 Richmond's Mayor invite the Mayor and a delegation from Smolensk to 24 Richmond and be able to pay their travel and accomodations for an 25 official Sister City visit. 26 27 Ms. Turk thanked the Council for their interest and informed the Council 28 that the persons involved were ready to carry out the important work in 29 the Sister City efforts. 30 31 RESOLUTIONS 32 33 RESOLUTION NO. 13-1986 34 35 Councilmember Morris moved to suspend the rules and read Resolution No. 36 13-1986 by title only, seconded. by Councilmember Hutton and on unanimous 37 voice vote the motion was carried. 38 39 The Clerk read by title only Resolution No. 13-1986 - A RESOLUTION AUTHORIZING 40 THE FILING OF AN OPERATING ASSISTANCE GRANT UNDER SECITON 18 OF THE URBAN 41 MASS TRANSPORTATION ACT OF 1964, AS AMENDED. 42 43 There being no comment, Councilmember Hankinson moved for adoption of 44 Resolution No. 13-1986, seconded by Councilmember Brookbank and on unanimous 45 voice vote-. the motion was carried. 46 47 ORDINANCES 48 49 ORDINANCES ON FIRST READING 50 51 Councilmember Morris moved to suspend the rules and read Ordinances No. 52 66, 67, and 68-1986 on first reading by title only, seconded by Councilmember 53 Parker and on unanimous voice vote the motion was carried. 54 55 ORDINANCE NO. 66-1986 56 57 The Clerk read on first reading by title only Ordinance No. 66-1986 - AN 58 ORDINANCE OF THE CITY OF RICHMOND, INDIANA, AUTHORIZING THE EXECUTION AND 59 DELIVERY OF THE DEED OF CONVEYANCE OF ECONOMIC DEVELOPMENT FACILITY ON 60 THE EXERCISE OF AN OPTION TO PURCHASE BY PRODUCTIVITY CORPORATION. 61 62 Councilmember Morris moved to suspend the rules and move Ordinance No. 63 66-1986 to second reading, seconded by Councilmember Hankinson and on 64 unanimous voice vote the motion was carried. 65 396) Common Council Minutes Cont'd August 18, 1986 Page 4 1 The Clerk read Ordinance No. 66-1986 on second reading. 2 3 Mr. Barden explained that this was the fullfillment of a bond issue that is 4 now paid off and the City held the title of the property as security. Mr. 5 Barden stated that Productivity Corporation now wishes to exercises their rights 6 to purchase the property. 7 8 President Bodiker announced Ordinance No. 66-1986 was on public hearing. 9 10 Speaking for Ordinance No. 66-1986 was Mr. Andrew Cecere, Attorney at Law, 11 101 South 10th Street, Richmond, Indiana. Mr. Cecere stated the property 12 involved was the old Dunham Lehr building at 425 N.W. K Street and that KB 13 Laminates has assigned their bond rights to Productivity Corporation in 1979. 14 Mr. Cecere stated that Productivity Corporation had fulfilled the obligations 15 and paid off the bonds and had received a release of mortgage and indenture 16 of trust from the First National Bank. Mr. Cecere stated that with pay off 17 of the bonds the ownership of the land returns to the purchaser. 18 19 There being no further comment, Councilmember Elstro moved for engrossment, 20 seconded by Councilmember Hankinson and on unanimous voice vote the motion 21 was carried. 22 23 Councilmember Hankinson moved to suspend the rules and move Ordinance No. 24 66-1986 to third and final reading and read by title only, seconded by 25 Councilmember Morris and on unanimous voice vote the motion was carried. 26 27 The Clerk read on Ordinance No. 66-1986 on third and final reading by title 28 only. 29 30 Ordinance No. 66-1986 was adopted on the following call of the roll: 31 32 Ayes: Elstro, Williams, Brookbank, Hankinson, Whitesell, Parker, Hutton, 33 Morris and Bodikar (9) 34 Nays: None 35 36 ORDINANCE NO. 67-1986 37 38 The Clerk read on first reading by title only Ordinance No. 67-1986 - AN 39 ORDINANCE TO APPRORIATE WITHIN THE FEDERAL REVENUE SHARING TRUST FUND. 40 41 President Bodiker announced that Ordinance No. 67-1986 had to be advertised. 42 43 ORDINANCE NO. 68-1986 44 45 The Clerk read on first reading by title only Ordinance No. 68-1986 - AN 46 ORDINANCE AMENDING ORDINANCE NO. 36-1985 IN ITS ENTIRETY AND CLARIFYING THE 47 ESTABLISHMENT AND ADMINISTRATION OF THE COMMUNITY AND ECONOMIC DEVELOPMENT 48 FUND FOR THE CITY OF RICHMOND, INDIANA, AS CHAPTER 41 OF THE CITY CODE. 49 50 Councilmember Whitesell moved to suspend the rules and move Ordinance No. 51 68-1986 to second reading, seconded by Councilmember Hankinson and on 52 unanimous voice vote the motion was carried. 53 54 President Bodiker announced Ordinance No. 68-1986 was on public hearing. 55 56 Councilmember Morris asked what the changes were and Mr. Barden stated that 57 it would be codified as Chapter 41 of the Code of Ordinances and that paragraph 58 (g) had language added regarding the City Controller reviewing the applications. 59 Mr. Barden stated this was added upon a recommendation of the State Board of 60 Accounts . 61 62 There being no further comment, Councilmember Hankinson moved for engrossment, 63 seconded by Councilmember Brookbank and on unanimous voice vote the motion 64 was carried. 65 393 Common Council Minutes Cont'd August 18, 1986 Page 5 1 Councilmember Morris moved to suspend the rules and move Ordinance No.68- 2 1986 to third and final reading and read by title only, seconded by Council- 3 member Brookbank and on unanimous voice vote the motion was carried. 4 5 The Clerk read Ordinance No. 68-1986 on third and final reading by title 6 only. 7 8 Ordinance No. 68-1986 was adopted on the following call of the roll: 9 10 Ayes : Elstro, Williams, Brookbank, Hankinson, Whitesell, Parker, Hutton, 11 Morris and Bodiker (9) 12 Nays : None 13 14 ORDINANCES ON SECOND READING 15 16 ORDINANCE NO. 60-1986 17 - - 18 The Clerk read on second reading Ordinance No. 60-1986 - AN ORDINANCE 19 CLARIFYING SECTION 74.27 AND 74.99 OF THE RICHMOND CITY CODE. 20 21 Mr. Barden examined the Proof of Publication and found it to be in order. 22 Councilmember Hankinson moved to accept and file..the Proof of Publication, 23 seconded by Councilmember Brookbank and on unanimous voice vOte the motion 24 was carried. 25 26 President Bodiker announced Ordinance No. 60-1986 was on public hearing. 27 28 Councilmember Elstro asked for an explanation of the Ordinance. 29 30 Mr. Barden explained it was to clear up an interpretation of the Code regarding 31 unlicensed vehicles and expired plates and to allow ticketing for expired 32 plates. 33 34 Councillmember Elstro asked if cars with expired plates can be ticketed 35 if parked in either a street or an alley and Mr. Barden stated they could. 36 37 Councilmember Hankinson asked if the 10.00 penalty was a maximum fine and 38 suggested that it was not a large enough penalty and should be more. 39 40 Mr. Barden stated the penalty could be changed at the Council's pleasure. 41 42 Councilmember Hankinson moved to amend Ordinance No. 60-1986 by changing 43 the penalty from 10.00 to 25.00, seconded by Councilmember Brookbank and 44 on unanimous voice vote the motion was carried. 45 46 Mr. Richard Knight of 809 South 17th Street informed the Council that he 47 feels it is a good ordinance and that he has an car sitting next to his 48 house with expired plates and he is afraid the kids will damage the vehicle. 49 50 There being no further comment, Councilmember Elstro moved for engrossment, 51 seconded by Councilmember Hankinson and on unanimous voice vote the motion 52 was carried. 53 54 Councilmember Morris moved to suspend the rules and move Amended Ordinance 55 No. 60-1986 to third and final reading and read by title only, seconded 56 by Councilmember Brookbank and on unanimous voice vote the motion was 57 carried. 58 59 The Clerk read Amended Ordinance No. 60-1986 on third and final reading 60 by title only. 61 62 Amended Ordinance No. 60-1986 was adopted on the following call of roll: 63 64 Ayes : Elstro, Williams, Brookbank, Hankinson, Whitesell, Parker, Hutton, 65 Morris and Bodiker (9) 394 Common Council Minutes Cont'd August 18, 1986 Page 6 1 Nays: None 2 3 ORDINANCE NO. 64=1986 4 5 The Clerk read on second reading Ordinance No. 64-1986 - AN ORDINANCE FOR 6 APPROPRIATIONS AND TAX RATES FOR 1987 . 7 8 Mr. Barden examined the Proof of Publication and found it to be in order. 9 Councilmember Morris moved to accept and file the Proof of Publication, 10 seconded by Councilmember Whitsell and on unanimous voice vote the motion 11 was carried. 12 13 President Bodiker announced Ordinance No. 64-1986 was on public hearing. 14 15 Speaking for Ordinance No. 64-1986 was Councilmember Brookbank. Councilmember 16 Brookbank stated that the Committee of the Whole budget hearings went very 17 quickly and well and she was very impressed with the budget as presented. 18 Councilmember Brookbank stated that she recommended passage of the 19 Ordinance as presented. 20 21 Councilmember Williams commended all Department Heads . He stated that the 22 budget might not be 100% perfect, but that it was a good budget and the Mayor 23 and his staff needed to be congratulated. 24 25 Councilmember Hankinson asked why the Mayor didn't leave something in the 26 budget for the Council to take out. 27 28 Mayor Waltermann thanked Councilmember Hankinson for his couuuents and added 29 that there was one suggested amendment. 30 31 Councilmember Morris stated that Mayor Waltermann had suggested to her that 32 the FLSA Overtime account in the Fire Department had been misfigured and th: 33 amount should be 20,000.00 rather than 40,184 .00. Councilmember Morris moved 34 to amend the Fire Department FLSA Overtime from 40,184.00 to 20,000.00, 35 seconded by Councilmember Brookbank and on unanimous voice vote the motion 36 was carried. 37 38 Councilmember Morris stated that she had been assured that 20,000.00 would 39 be sufficient for the overtime needs and that Mayor Waltermann had 40 concurred. 41 42 There being no further comment, Councilmember Hankinson moved for engrossme t, 43 seconded by Councilmember Williams and on unanimous voice vote the motion 44 was carried. 45 46 President Bodiker announced that Amended Ordinance No. 64-1986 would be on 47 third and final reading at a special meeting of the Common Council on 48 August. 25, 1986 at 7:00 P.M. in the Council Chambers. 49 50 UNFINISHED BUSINESS 51 52 Ordinances Assigned to Committees 53 54 President Bodiker stated that he desired to clear up Ordinances at Couuiitte:s 55 and would be setting dates for advertising and assignment to the agenda for 56 action. 57 58 ADJOURNMENT 59 60 There being no further business, on a motion duly made, seconded and passed 61 the meeting was adjourned. 62 63 Richard Bodiker, President 64 65 ATTEST: Mary Merchanthouse, City Clerk 395 PROCEEDINGS OF A SPECIAL MEETING OF THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA, AUGUST 25, 1986 1 The Common Council of the City of Richmond, Indiana, met in special session 2 August 25, 1986 at the hour of 7:00 P.M. in the Council Chambers in said 3 City. President Bodiker presided with the following Councilmembers present: 4 Elstro, Williams, Brookbank, Hankinson, Whitesell, Parker, Hutton and 5 Morris. Absent: None. The following business was had to-wit: 6 7 PLEDGE OF ALLEGIANCE 8 9 SILENT DEVOTIONS 10 11 ORDINANCES 12 13 ORDINANCES ON THIRD READING • 14 15 AMENDED ORDINANCE NO. 64-1986 16 17 Councilmember Hankinson moved to suspend the rules and read Amended Ordinance 18 No. 64-1986 on third and final reading by title only, seconded by 19 Councilmember Hutton and on unanimous voice vote the motion was carried. 20 21 The Clerk read on third and final reading by title only Amended Ordinance 22 No. 64-1986 - AN ORDINANCE FOR APPROPRIATIONS AND TAX RATES FOR 1987. 23 24 There being no comment of the Council, Amended Ordinance No. 64-1986 was 25 adopted on the following call of the roll: 26 27 Ayes: Elstro, Williams, Brookbank, Hankinson, Whitesell, Parker, Hutton, 28 Morris and Bodiker (9) 29 Nays: None 30 31 MISCELLANEOUS BUSINESS 32 33 President Bodiker reminded the Council that the next regular meeting would 34 be September 2, 1986 at 7:30 P.M. due to the Labor Day Holiday being on 35 September 1, 1986. 36 37 ADJOURNMENT 38 39 There being no further business, on a motion duly made, seconded and passed 40 the meeting was adjourned. 41 42 43 Richard Bodiker, President 44 45 46 ATTEST: 47 Mary Merchanthouse, City Clerk 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 CAD a\ C' C rn rn d\ In In In In W In In In Ui In 1, 1, 1, 1, -4, .P .A A 1, A W W W W W W W W W W N N N N N N N N N N F-' F-' F-' F--' I-' F-' F-' I-, I--' I--' In 1� W N I-' O LO COJ Q In A W N r-' O 'O CO "-J C' In 4> W N F-' O h m rn LJ c) N I-' CD_W Oo rn �n .� W___N I-' C7 �o m � rn �n .� i.� ry I--' C"1 w��rn n - c.9—N —