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HomeMy Public PortalAbout06-02-1986 354 PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA, JUNE 2, 1986 1 The Common Council of the City of Richmond, Indiana, met in regular session 2 Jne 2, 1986 at the hour of 7:30 P.M. in the Council Chambers in said City. 3 President Bodiker presided with the following Councilmembers in attendance: 4 Elstro, Williams, Brookbank, Hankinson, Whitesell, Parker, Hutton and Morris . 5 Absent: None. The following business was had to-wit: 6 111 7 PLEDGE OF ALLEGIANCE 8 9 DEVOTIONS 10 11 Councilmemer Williams offered devotions in memory of County Commissioner, Elmer 12 Toschlog. 13 14 APPROVAL OF MINUTES OF MAY 19, 1986 15 16 Councilmember Hankinson moved to approve the minutes of the previous meeting 17 as prepared, seconded by Councilmember Whitesell and on unanimous voice vote 18 the motion was carried. 19 20 COMMUNICATIONS FROM THE MAYOR 21 22 Mayor Frank H. Waltermann told the Council about the neighborhood beautification 23 efforts of Mr. David Hogg of 321 South 14th Street and how the neighborhood 24 was in the process of planting flowers and fixing the area. 25 26 Mayor Waltermann informed the Council that the Greater Richmond Progress 27 Committee would be meeting in full membership on June 12, 1986 at the Richmond 28 High School Cafeteria for the first time. The meeting will be for surveying 29 the full committee to establish priorities and the membership is 30 representative of the entire Richmond area. 31 32 REPORT FROM CITY DEPARTMENTS 33 34 Law Office 35 36 City Attorney Ken Barden updated the Council on the increased effort on fine 37 collections by his office and the Clerk's Office. Mr. Barden stated that 38 8,800.00 in fines have been collected to date with 2,800.00 of that being late 39 fees and 500.00 having been collected by the Court. Mr. Barden said that 40 over 2,000.00 have also been collected in past due sewer bills . 41 42 Mr. Barden informed the Council that the Purchasing Ordinance adopted by the 43 Council had received national recognition in two (2) publications. 44 45 Councilmember Whitesell asked Mr. Barden about the length of variances granted 46 in zoning matters being considered active. 47 48 Mr. Barden stated that the variances granted in zoning changes are not tied 49 to uses, but rather change classifications the land may be used for and have 50 no time limitations. 51 52 Councilmember Whitesell commented on the use granted for property on Chester 53 Boulevard for residential units and no development has taken place to date. 54 He indicated the jist of the rezoning was to prevent the frontage from just 55 being developed, but rather the lot be used in depth and asked how to put 56 restraints on zoning changes to insure property development. 57 58 Mr. Barden stated he was not certain of any legal recourse to compel the 59 development and he would investigate the matter. 60 61 Mr. Willis, Public Works Director, stated that the contractors on that 62 development had met the requirements placed on the zoning such as the posting 63 of bonds within a time period and could not be required to put buildings on 64 the rear lot. 65 S9 179 £9 Z9 T9 09 65 8S LS 9S SS 17S £S ZS TS OS 617 817 L17 917 S'7 +7+7 £�7 Zvi 017 6C 8£ L£ 9£ S£ 17£ ££ Z£ T£ 0£ 6Z 8Z LZ 9Z SZ 17Z £Z ZZ TZ 0Z 6T 81 LT 9T ST 171 £T ZT TT 01 6 8 9 eqg £ QL. Common Council Minutes Cont'd June 2, 1986 . Page 2 1 REPORTS FROM SPECIAL COMMITTEES 2 11/ 3 Committee of the Whole 4 5 Councilmember Brookbank announced the following tenative dates for Committee 6 of the Whole meetings: 7 8 June 26, 1986 at 7:00 P.M. for Salary Ordinance 9 August 6th and 7th at 7:00 P.M. for budget ordinance. 10 August 13th and 14th at 7:00 P.M. for budget ordinance. • 11 12 Councilmember Brookbank also stated that the special meeting of the Council 13 will be necessary on August 25, 1986 to pass the final budget for 1987. 14 15 MISCELLANEOUS BUSINESS 16 17 Nuclear Free Zone Resolution 18 19 President Bodiker announced that the request for a Resolution regarding 20 a Nuclear Free Zone would be placed in the Public Safety Committee to be 21 properly drafted and be brought back to the agenda at the next meeting. 22 23 RESOLUTIONS 24 25 Councilmember Morris moved to suspend the rules and place Resolution No. 26 11-1986. on the agenda, seconded by Councilmember Parker and on unanimous 27 voice vote the motion was carried. 11/ 28 29 RESOLUTION NO. 11-1986 30 - 31 Councilmember Morris read Resolution No. 11-1986 in its entirety. 32 33 RESOLUTION NO. 11-1986 34 35 A RESOLUTION IN MEMORY OF ELMER E. TOSCHLOG 36 37 WHEREAS, The career of Elmer E. Toschlog in public life has epitomized 38 the highest possible standards of those qualities deemed critical 39 to a public official; those of selfless service, uncompromising 40 ethics, unquestionable courage of conviction and enlightened, 41 impartial review of issues, and; 42 43 WHEREAS, Elmer E. Toschlog served the City of Richmond, Indiana as Street 44 Commissioner from 1968 to 1976 and the County of Wayne, Indiana 45 from 1976 to his untimely death May 30, 1986, as County 46 Commissioner in an exemplary fashion: 47 48 NOW THEREFORE BE IT RESOLVED by the Common Council of the City of Richmond, 49 Wayne County, Indiana, that his memory shall be honored by City officials 50 and City officials to come, through their efforts to emulate his service. 51 52 Councilmember Whitesell moved for adoption of Resolution No. 11-1986, second-d 53 by Councilmember Hankinson and on unanimous voice vote the motion was carried . 54 55 ORDINANCES 56 57 ORDINANCES ON FIRST READING 58 59 Councilmember Elstro moved to suspend the rules and read Ordinances No. 60 46, 47, 48, 49, 50 and 51-1986 on first reading by title only, seconded 61 by Councilmember Whitesell and on unanimous voice vote the motion was carries . 62 63 ORDINANCE NO. 46-1986 64 65 The Clerk read on first reading by title only, Ordinance No. 46-1986 - 35 Common Council Minutes Cont 'd June 2, 1986 Page 3 1 AN ORDINANCE AMENDING SECTION 93.05 (B) (3) (a) . 2 3 Mr. Barden requested that the ordinance be assigned to special committee 4 for consideration with Ordinance No. tk6-1986. He stated the Sanitary 5 District would be having a work session on the Ordinance and recommendations 6 would be coming to the Council . He suggested the ordinance be tabled until 7 the recommendations were received from the Sanitary District . 8 9 Councilmember Elstro moved to table Ordinance No. 46-1986, seconded by Council- 10 member Hankinson and on unanimous voice vote the motion was carried. 11 12 ORDINANCE NO. 47-1986 13 14 The Clerk read on first reading by title only Ordinance No. 47-1986 - AN 15 ORDINANCE AMENDING CHAPTER 97 OF THE RICHMOND CITY CODE REGULATING THE PLANTING 16 MAINTENANCE, CARE AND REMOVAL OF TREES WITHIN THE PUBLIC RIGHT-OF-WAY. 17 18 President Bodiker announced that Ordinance No. 47-1986 would be advertised 19 for public hearing on July 7, 1986. 20 21 ORDINANCE NO. 48-1986 22 23 The Clerk read on first reading by title only Ordinance No. 48-1986 - AN 24 ORDINANCE AMENDING CHAPTER 154 OF THE MUNICIPAL CODE, BEING ORDINANCE NO. 25 2325-1968, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF RICHMOND, 26 INDIANA, PROVIDING FOR THE REZONING OF THE PROPERTY LOCATED AT THE JUNCTION 27 OF I-70 AND U.S. 40 FROM A-1 AGRICULTURAL DISTRICT TO C-4 GENERAL BUSINESS 28 DISTRICT. 2911/ 30 President Bodiker assigned Ordinance No. 48-1986 to the Plan Commission for 31 public hearing. 32 33 ORDINANCE NO. 49-1986 34 35 The Clerk read on first reading by title only Ordinance No. 49-1986 - AN 36 ORDINANCE FIXING THE ANNUAL SALARIES OF ALL ELECTED OFFICERS OF THE CITY OF 37 RICHMOND, INDIANA. 38 39 President Bodiker announced Ordinance No. 49-1986 would be advertised for 40 public hearing on July 7, 1986. 41 42 APPROPRIATION ORDINANCE NO. 50-1986 4 44 The Clerk read on first reading by title only Appropriation Ordinance No. 45 50-1986 - AN ORDINANCE TO APPROPRIATE WITHIN THE GENERAL FUND. 46 47 President Bodiker announced Ordinance No. 50-1986 would be advertised for public 48 hearing on June 16, 1986. 49 50 ORDINANCE NO. 51-1986 51 52 The Clerk read on first reading by title only Ordinance No. 51-1986 - AN 53 ORDINANCE TO REGULATE CATS. 5411/ 55 Mr. Barden requested the word "Whereas" be striken from the ordinance where 56 ever it appears. Councilmember Hankinson moved to amend Ordinance No. 51-1985 57 by striking the words Whereas, seconded by Councilmember Brookbank and on 58 unanimous voice vote the motion was carried. 59 60 President Bodiker assigned Amended Ordinance No. 51-1986 to the Committee of 61 the Whole. 62 63 Councilmember Parker requested to amend Amended Ordinance No. 51-1986 by 64 striking the final sentence in the ordinance and so moved, seconded by 65 Councilmember Morris and on unanimous voice vote the motion was carried. 357 Common Council Minutes Cont'd June 2, 1986 Page 4 1 Ms . Violet Nelson of 116 N.W. H Street requested to address the Council 2 regarding Ordinance No. 51-1986. Ms. Nelson stated that the Dog Warden 3 was too busy to catch cats and how would he decide which cats to catch. 4 She reminded the Council of the dollar investment people make in their 5 cats . 6 7 Councilmember Williams stated that the ordinance was to address cats 8 roaming in alleys with no owners or controls and he has no problem with 9 cats under control. 10 11 President Bodiker stated that public discussion will be welcomed at the 12 Committee of the Whole and on public hearing of the ordinance. 13 14 ORDINANCES ON SECOND READING 15 16 ORDINANCE NO. 39-1986 17 18 The Clerk read on second reading Ordinance No. 38-1986 - AN ORDINANCE 19' PROVIDING FOR THE RECOVERY OF CIVIL DAMAGES FOR EXPENSES, LOSS, OR DAMAGE 20' CAUSED TO THE CITY BY VIOLATION OF THE CITY CODE, ORDINANCES, CONTRACTS, 21 RULES, OR REGULATIONS. 2 2' -23 Mr. Barden explained that he had requested the ordinance be held for possibl- 24 amendment, but now it could be passed as originally proposed. 25 26o President Bodiker announced Ordinance No. 39-1986 was on public hearing. 27 III28 There being no public comment, Councilmember Elstro moved for engrossment, 29 seconded by Councilmember Whitesell and on unanimous voice vote the motion 30 was carried. 31 32 Councilmember Elstro moved to suspend the rules and move Ordinance No. 33 39-1986 to third and final reading and read by title only, seconded by 34 Councilmember Brookbank and on unanimous voice vote the motion was carried. 35 36 The Clerk read Ordinance NO. 39-1986 on third and final reading by title 37 only. 38 39 Ordinance No. 39-1986 was adopted on the following call of the roll: 40 41 Ayes: Elstro, Williams, Brookbank, Hankinson, Whitesell, Parker, Hutton, 42 Morris and Bodiker (9) 43 44 APPROPRIATION ORDINANCE NO. 43-1986 45 46 The Clerk requested the ordinance be held for public hearing on June 19, 47 1986 due to a problem with the legal advertising. 48 49 ORDINANCE NO. 44-1986 50 51 The Clerk read on second reading Ordinance No. 44-1986 - AN ORDINANCE AMENDIN 52 CHAPTER 154 OF THE MUNICIPAL CODE BEING ORDINANCE NO. 2325-1968, COMMONLY 53 KNOWN AS THE ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA, PROVIDING 54 FOR THE REZONING OF THE PROPERTY LOCATED ON NEW PARIS PIKE FROM A-1 AGRICULTURAL 55 DISTRICT TO A-1 SU AGRICULTURAL SPECIAL USE DISTRICT AND AUTHORIZING THE 56 SPECIAL USE OF SAID PROPERTY AS A SANITARY LANDFILL. 57 58 President Bodiker announced Ordinance No. 44-1986 was on public hearing. '• 59 60 Planning Supervisor, Dan Dooley, reported to the Council that the Plan 61 Commission had voted eight (8) to two (2) in favor of the request and stated 62 that the ordinance places three conditions on the rezoning. He said the 63 narrative and a copy of the site plans will be attached to the ordinance 64 as an exhibit when passed. 65 358 Common Council Minutes Cont'd June 2, 1986 Page 5 1 Councilmember Brookbank commented that the Plan Commission had done an in- 2 depth study on the issue and she feels they are moving in the right direction. 3 4 Councilmember Morris thanked the Councilmembers that participated in the 111 5 meetings and site visits on the landfill zoning issue. She stated they have 6 been working on the issue two (2) years and feels that Mr. Willis has made 7 improvements at the landfill and that he will stay on top of things and 8 monitor it through the upcoming years. 9 10 Mr. Ralph Willis, Public Works Director, informed the Council that they had 11 spent three (3) years on the first phase of upgrading the landfill to solve 12 the enviromental problems and the landfill should be good until a more suitable 13 alternative is found for solid waste disposal. 14 15 There being no further discussion, Councilmember Williams moved for engrossme-it, 16 seconded by Councilmember Brookbank and on unanimous voice vote the motion 17 was carried. 18 19 Councilmember Elstro moved to suspend the rules and move Ordinance No. 44-1985 20 to third and final reading and read by title only, seconded by Councilmember 21 Williams and on unanimous voice vote the motion was carried. 22 23 The Clerk read on third and final reading by title only Ordinance No. 44-1986. 24 25 Ordinance No. 44-1986 was 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 ORDINANCE NO. 45-1986 32 33 The Clerk read on second reading Ordinance No. 45-1986 - AN ORDINANCE 34 PROHHIBITING CERTAIN DISCRIMINATORY PRACTICES, AND ESTABLISHING A RICHMOND 35 HUMAN RELATIONS COMMISSION. 36 37 Councilmember Morris stated that due to the in depth nature of the ordinance, 38 she would move to assign it to Committee of the Whole for discussion. The 39 motion was seconded by Councilmember Whitesell. 40 41 Councilmember Williams asked what was so complicated about the ordinance and 42 said it had been three (3) years in preparation before coming to the agenda. 43 44 Councilmember Morris stated that the individual drafting the ordinance had 45 requested an opportunity to address the Council and she was unable to be in 46 attendance at this meeting. 47 48 President Bodiker stated that he had checked with the City Attorney if it was 49 necessary to hold the ordinance for explanation and was informed that only 50 if the Council had questions regarding the ordinance. 51 52 Councilmember Morris statedsher_would_wdthdraw:-her motion :to-:assign the 53 ordinance to the Committee of the Whole. 54 55 President Bodiker commented that he would hold the public hearing and then 56 consider the motion. 57 58 Councilmember Parker asked the ordinance stated the City's position in 59 regard to state law and Mr. Barden indicated that the state allows cities to 60 create Human Relations Commissions and he was not certain of the differences 61 since he did not draft the ordinance. 62 63 Speaking in favor of Ordinance No. 45-1986 was Gilbert Klost of 712 National 64 Road West. Mr. Klose informed the Council that the City had a Commission in 65 prior years during more evident racial prejudice. He said he felt the ordinance 359 Common Council Minutes Cont'd June 2, 1986 Page 6 1 was a reasonable ordinance with the power to subponea and seek court action. 2 He also stated that the ordinance would put the City on record with the 3 ability to handle problems before they come to a head. 4 5 Also speaking was Mr. Don Royer of 900 Abington Pike. Mr. Royer stated 6 that he was the chairman of the prior Human Relations Commission in 1968 7 and the Commission considered approximately one (1) case per month usually 8 dealing in racial concerns in employment or housing. He said the Commission 9 was disbanded in 1976 because of conflict with state and local laws. 10 He said the concerns were still there, but the discrimination has shifted 11 to age, sex and handicapped and they can be handled locally instead of 12 through state of federal agencies and can be more quickly settled. He 13 also said that most cities the size of Richmond have an active Human 14 Relations Commission. 15 16 Ms. Nancy Klose stated that, the research on the ordinance had been very 17 carefully planned and state agencies had been consulted in the process. 18 She urged the Council to establish the Commission. 19 20 Councilmember Morris asked Ms . Klose how she saw the roll of the Commission 21 and Ms. Klose stated it should be an accessible forum for the people in 22 order that they not get discouraged by being forced to go to other agencies 23 24 Councilmember Whitesell stated he would withdraw his second to assign 25 the Ordinance to the Committee of the Whole. He indicated that he 26 supported the philosophy of the ordinance, but would like to have the 27 next two (2) weeks to investigate and asked the Council to not act until 11/ 28 the next meeting. 29 30 Mr. Barden explained that Ms. Sue Silberstein authored the ordinance and 31 that she was out of town and would return for the next meeting and would 32 like to address the Council on the Ordinance. 33 34 Councilmember Morris withdrew her motion to place the ordinance in the 35 Committee of the Whole. 36 37 President Bodiker stated he would be willing to hold the ordinance for 38 the meeting of June 16, 1986. 39 40 Councilmember Hankinson stated he saw no reason to delay the ordinance 41 and moved for engrossment of Ordinance No. 45-1986. The motion was seconded 42 by Councilmember Morris . 43 44 Councilmember Parker stated he would also like to hold the ordinance for 45 questions . 46 47 Councilmember Morris withdrew her second for engrossment and receiving 48 no other second the motion for engrossment was considered as dead. 49 50 Councilmember Parker asked about Section 3 (L) and what it meant and Ms. 51 Sue Roberson explained that it referred to places open to the general 52 public versus those requiring a membership fee. 53 54 Councilmember Parker asked if this section mandated 504 Handicapped 55 Regulations compliance for businesses and Ms. Roberson explained that 56 this would be covered under federal laws. 57 58 Councilmember Morris added that structures completed prior to 1977 were 59 not required to be 504 accessible. 60 61 Having no further comment, Councilmember Parker moved for engrossment 62 of Ordinance No. 45-1986. The motion was seconded by Councilmember 63 Hankinson and adopted on the following call of the roll: 64 65 Ayes: Elstro, Williams, Brookbank, Hankinson, Parker, Hutton, Mortis and Bodiker (8) 3(10 Common Council Minutes Cont'd June 2, 1986 Page 7 1 Nays: Whitesell (1) 2 3 Councilmember Williams moved to suspend the rules and move Ordinance No. 4 45-1986 to third and final reading and read by title only, seconded by 5 Councilmember Hankinson and on a voice vote with Councilmember Whitesell voting 6 no the motion failed. 7 8 ORDINANCES ON THIRD READING 9 10 Councilmember Elstro moved to suspend the rules and read Ordinance No. 47- 11 1985 on third and final reading by title only, seconded by Councilmember 12 Morris and on unanimous voice vote the motion was carried. 13 14 AMENDED ORDINANCE NO. 47-1985 15 16 The Clerk read on third and final reading by title only Amended Ordinance 17 No. 47-1985 - AN ORDINANCE TO REGULATE BURGLARY AND ROBBERY ALARM SYSTEMS. 18 19 There being no further comment by the members of the Council Amended Ordinance 20 No. 47-1985 was adopted on the following call of the roll: 21 22 Ayes: Elstro, Williams, Brookbank, Hankinson, Whitesell, Parker, Hutton, 23 Morris and Bodiker (9) 24 Nays: None 25 26 ADJOURNMENT 27 28 There being no further business on a motion duly made, seconded and passed 29 the meeting was adjourned. 30 31 32 33 Richard Bodiker, President 34 35 ATTEST: 36 Mary Merchanthouse, City Clerk 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