HomeMy Public PortalAbout05-19-1986 343
PROCEEDINGS OF THE COMMON COUNCIL OF THE
CITY OF RICHMOND, INDIANA, MAY 19, 1986
1 The Common Council of the City of Richmond, Indiana, met in regular session
2 May 19, 1986 at the hour of 7:30 P.M. in the Council Chambers in said City.
3 President Bodiker presided with the following Councilmembers present: Elstro,
4 Williams, Brookbank, Hankinson, Whitesell, Parker, Hutton and Morris .
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 MAY 5, 1986
12
13 Councilmember Hankinson moved to approve the minutes of the previous meeting
14 as prepared, seconded by Councilmember Williams and on unanimous voice vote
15 the motion was carried.
16
17 COMMUNICATIONS FROM THE MAYOR
18
19 Mayor Frank H. Waltermann informed the Council that two (2) new buses
20 had been delivered and had been on display in connection with National
21 Transit Week. The Mayor stated that most of the capital equipment approved
22 by the Committee had been bid, purchased or ordered. The Mayor added that
23 City.Departments were now working on budgets for 1987 and the Council would
24 be presented with a calendar for budget preparation in the near future.
25
26 Mayor Waltermann stated that he had met with a new company interested in
27 Richmond on May 18, 1986 and that the Police Memorial, located at the
28 entrance to the Police Department, had been dedicated.
29
30 PRESENTATIONS OF REMONSTRANCES, PETITIONS AND MEMORIALS
3
3 Report from Adjutant General's Office
3
3 Sgt. Halberstadt of the Richmond National Guard presented the Council with
3 the Economic Impact Report from the Office of the Adjutant General. Sgt.
• 3 Halberstadt stated that Richmond had nine (9) full time guard members and
3 the pay in fiscal year 1985 was in excess of 600,000.00. He said the Armory's
3 budget is 658,000.00 plus annually and is valued over 350,000.00.
3
4 President Bodiker thanked Sgt. Halberstadt for the report and showing how
4 tax dollars are being returned to the community.
4
4 REPORT FROM. BOARD OF PUBLIC WORKS AND SAFETY -
4
4 Board President, Susan Silberstein, informed the Council that the Board
4 was continuing to hold unsafe building hearings and had completed hearings
4 on property at 519 South 10th Street and ten (10) hearings on accessory
4 buildings throughout the community.
4'
51 Ms . Silberstein stated that the bids for the Park Department backhoe had
5 been received and the bids for the Park Department mowing equipment had
5, been awarded.
5
5 Ms . Silberstein added that the Board had approved the use of the parking
5` garage for Fire Department agility testing and approved the retirement of
5: Fire Department Mechanic Leroy Clopp.
5
5: Ms. Silberstein also added that the Board had established new procedures
5' for the bid procedure in the Fire Department and approve activities for
61 Transit Week in Richmond.
6
6. MISCELLANEOUS BUSINESS
6
6 President Bodiker welcomed the students from Richmond High School and
6' Centerville High School.
3414i
t.
Common Council Minutes Cont 'd
May 19, 1986
Page 2
1 Councilmember Williams requested the proposed ordinance controlling cats be
2 placed on the Council agenda for the next meeting.
3
4 Councilmember Brookbank asked about the Street Tree Commission and if
5 guidelines were in effect regarding dead trees in the City. Councilmember
6 Elstro stated the ordinance would be on the next agenda for first
7 reading. Mayor Waltermann added that the City was operating under the old
8 ordinance regarding street trees and that property owners could contact the
9 Park Superintendent for a permit to have a tree removed. The Mayor stated
10 the City had contacted a person to assist in cutting trees and they are
11 working on liability insurance. Mayor Waltermann commented that the City
12 was only taking care of emergency situations currently.
13
14 REPORTS FROM STANDING COMMITTEES
15
16 Reid Hospital
17
18 Councilmember Brookbank reported on Specialty Plus located in Eaton, Ohio ano
19 and the Sports Medicare which is a fifty-fifty split with the hospital and
20 orthopaedic doctors .
21
22 ORDINANCES
23
24 ORDINANCES ON FIRST READING
25
26 Councilmember Elstro moved to suspend the rules and read Ordinances No. 42,
27 43, 44 and 45-1986 on first reading by title only, seconded by Councilmember
28 Whitesell and on unanimous voice vote the motion was carried.
29
11/
30 TRANSFER ORDINANCE NO. 42-1986
31
32 The Clerk read on first reading by title only Transfer Ordinance No. 42-1986 -
33 AN ORDINANCE TO TRANSFER WITHIN THE GENERAL FUND.
34
35 Councilmember Morris moved to suspend the rules and move Ordinance No. 42-19;6
36 to second reading, seconded by Councilmember Williams and on unanimous voice ,
37 vote the motion was carried.
38
39 The Clerk read Transfer Ordinance No. 42-1986 on second reading.
40
41 President Bodiker announced Ordinance No. 42-1986 was on public hearing.
42
43 Speaking for Ordinance No. 42-1986 was Police Chief Joseph Nimitz. Chief
44 Nimitz informed the Council that the transfer was to cover utilities for the
45 Police Garage and instruction for all personnel. He said the excess funds
46 for the transfer were available from retirements within the department.
47
48 There being no further comment, Councilmember Hankinson moved for engrossment
49 of Ordinance. No. 42-1986, seconded by Councilmember Parker and on unanimous
50 voice vote the motion was carried.
51
52 Councilmember Morris moved to suspend the rules and move Ordinance No. 42-196
53 to third and final reading and read by title only, seconded by Councilmember
54 Brookbank and on unanimous voice vote the motion was carried.
55
56 The Clerk read Transfer Ordinance No. 42-1986 on third and final reading by
57 title only.
58
59 Transfer Ordinance No. 42-1986 was adopted on the following call of the roll
60
61 Ayes: Elstro, Williams, Brookbank, Hankinson, Whitesell, Parker, Hutton,
62 Morris and Bodiker (9)
I 63 Nays: None
64
65
345
•
Common Council Minutes Cont 'd
May 19, 1986
Page 3
1 APPROPRIATION ORDINANCE NO. 43-1986
2
3 The Clerk read on first reading by title only Appropriation Ordinance No.
4 43-1986 - AN ORDINANCE TO APPROPRIATE WITHIN THE PURCHASING FUND.
5
11/ 6 President Bodiker announced Ordinance No. 43-1986 had to be advertised.
7
8 ORDINANCE NO. 44-1986
9
10 The Clerk read on first reading by title only Ordinance No. 44-1986 - AN
11 ORDINANCE AMENDING CHAPTER 154 OF THE MUNICIPAL CODE, BEING ORDINANCE NO.
12 2325-1968, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF RICHMOND,
13 INDIANA, PROVIDING FOR THE REZONING OF THE PROPERTY LOCATED ON NEW PARIS
14 PIKE FROM A-1 AGRICULTURAL DISTRICT TO A-1 SU AGRICULTURAL SPECIAL USE
15 DISTRICT, AND AUTHORIZING THE SPECIAL USE OF SAID PROPERTY AS A SANITARY
16 LANDFILL.
17
18 President Bodiker assigned Ordinance No. 44-1986 to the Plan Commission
19 for a public hearing.
20
21 ORDINANCE NO. 45-1986
22
23 The Clerk read on first reading by title only Ordinance No. 45-1986 - AN
24 ORDINANCE PROHIBITING CERTAIN DISCRIMINATORY PRACTICES, AND ESTABLISHING
25 A RICHMOND HUMAN RELATIONS COMMISSION.
26
27 President Bodiker requested Ordinance No. 45-1986 be held for second reading
28 at the meeting of June 2, 1986.
29
30 ORDINANCES ON SECOND READING
31
32 AMENDED ORDINANCE NO. 47-1985
33
34 The Clerk read on second reading Amended Ordinance No. 47-1985 - AN ORDINANCE
35 TO REGULATE BURGLARY AND ROBBERY ALARM SYSTEMS.
36
37 Councilmember Whitesell reported that this ordinance had been first presented
38 in 1985 and had been placed back to second reading and assigned to a special
39 committee to be re-written. Councilmember Whitesell stated that the
40 amendments were proposed at a Committee of the Whole and the Council
41 received the proposed amended ordinance two (2) weeks ago for their study.
42 He indicated that the proposed ordinance now represents what Council
43 desires to accomplish.
44
45 Councilmember Whitesell moved to amend Amended Ordinance No. 47-1985 in
46 total with the proposed version, seconded by Councilmember Parker and on
47 unanimous voice vote the motion was carried.
48
49 President Bodiker announced Amended Ordinance No. 47-1985 was on public
50 hearing.
51
52 Speaking against the ordinance was Mr. Ray James, Sonitrol Corporation,
53 46 South 7th Street. Mr. James informed the Council that no exemptions
54 in Section 1 F was quite restrictive if justifiable reasons caused the
55 false alarm. Mr. James also opposed the name and model of the alarm being
56 displayed on a permit for the safety of the alarm owners. He also felt
57 that making employees of alarm companies file photographs and fingerprints
58 with the Richmond Police Department was discriminatory.
59
60 Mr. James stated that he wished he could endorse the ordinance and that
61 it would get at the offenders and that he opposed, but would cooperate.
62
63 Also speaking was Mr. Don Miller of 1100 South 24th Street. Mr. Miller
64 inquired about the external alarms and was informed that anything creating
65 an external noise would be considered an external alarm.
346
Common Council Minutes Cont 'd
May 19, 1986 -
Page 4
1 Also speaking was Mr. Robert Doyle of 3300 Geraldine Lane. Mr. Doyle stated
2 he felt it was unfortunate that the ordinance was instituted by the Police
3 Department not wanting to respond to a great number of false alarms . He
!+ suggested that a fee might considered for false alarms investigations .
5
5 Councilmember Parker questioned Section 3 (g) regarding the name and model
7 of the alarm being displayed on the permit.
8
9 Mr. Barden indicated that this information need only be available for the
13 responding officers and it was fine to remove it from the permit and leave
11 it on the application.
12
13 Councilmember Parker moved to amend Section 3 (g) to read "The information
14 in (a) and (c) shall be displayed on the permit itself, seconded by Council-
15 member Morris and on unanimous voice vote the motion was carried.
15
17 There being no further discussion, Councilmember Hankinson moved for
13 engrossment of Amended Ordinance No. 47-1985, seconded by Councilmember
1) Whitesell and on unanimous voice vote the motion was carried.
20
21 Councilmember Morris moved to suspend the rules and move Amended Ordinance
22 No. 47-1985 to third and final reading and read by title only, seconded by
23 Councilmember Whitesell and on a voice vote the Councilmember Elstro voting
2 no the motion was defeated.
2►
2► PROOF OF PUBLICATION FOR ORDINANCES 34, 35, 36, 38, 39, 40 and 41-1986
2'
2: Mr. Barden explained that the ordinances had been advertised for public hearing
2' in a single add with seperate listings at a dollar savings to the City.
31
3 Councilmember Morris moved to accept and file the Proof of Publication for
3' Ordinances No. 34, 35, 36, 38, 39, 40 and 41-1986, seconded by Councilmember
3; Hankinson and on unanimous voice vote the motion was carried.
3
3► ORDINANCE NO. 34-1986
3,
3' The Clerk read on second reading Ordinance No. 34-1986 - AN ORDINANCE DEFINING
3: SALARY LEVELS OF ADMINISTRATIVE PERSONNEL IN THE POLICE AND FIRE DEPARTMENTS.
3'
40 President Bodiker announced Ordinance No. 34-1986 was on public hearing.
4
4 Hearing no comment, Councilmember Morris moved for engrossment of Ordinance
4 :. No. 34-1986, seconded by Councilmember Parker and on unanimous voice vote the
4 motion was carried.
4 ,
40 Councilmember Morris moved to suspend the rules and move Ordinance No. 34-1936
4 to third and final reading and read by title only, seconded by Councilmember
4: Hutton and on unanimous voice vote the motion was carried.
4°
50 The Clerk read Ordinance No. 34-1986 on third and final reading by title only.
5
5 Ordinance No. 34-1986 was adopted on the following call of the roll:
5
5' Ayes: Elstro, Williams, Brookbank, Hankinson, Whitesell, Parker, Hutton,
5 ' Morris and Bodiker (9)
5. Nays: None
5
5: AMENDED ORDINANCE NO. 35-1986
5°
60 The Clerk read on second reading Amended Ordinance No. 35-1986 - AN ORDINANCE
6 PROVIDING FOR ACCESS PERMIT RULES IN THE CITY OF RICHMOND AS APPLIED TO STREET
6 AND HIGHWAY ACCESS FROM PRIVATE PROPERTY.
6
6' President Bodiker' announced Ordinance No. 35-1986 was on public hearing.
6`
Common Council Minutes Cont'd
May 19, 1986
Page 5
1 Mr. Barden explained that the ordinance codifies rules drawn up by the
2 Board of Public Works and Safety for curb cuts. He said the rules had
3 been adopted by the Board in 1969 and never codified.
11/ 5 There being no further comment, Councilmember Morris moved for engrossment
6' of Amended Ordinance No. 35-1986, seconded by Councilmember Brookbank and
7 on unanimous voice vote the motion was carried.
8
9 Councilmember Hankinson moved to suspend the rules and move Ordinance No.
10 35-1986 to third and final reading and read by title only, seconded by
11 Councilmember Williams and on unanimous voice vote the motion was carried.
12, The Clerk read Amended Ordinance No. 35-1986 on third and final reading.
13 Amended Ordinance No. 35-1986 was adopted on the following call of the
14 roll:
15
16 Ayes: Elstro, Williams, Brookbank, Hankinson, Whitesell, Parker, Hutton,
17 Morris and Bodiker (9)
18 Nays: None.
19
20 ORDINANCE NO. 36-1986
21
22 The Clerk read on second reading Ordinance No. 36-1986 - AN ORDINANCE
23 AMENDING CERTAIN SECTIONS OF CHAPTER 96 OF THE CITY OF RICHMOND CITY CODE
24 AS IT APPLIES TO STREET EXCAVATIONS AND UTILITY INSTALLATION.
25
26 President Bodiker announced Ordinance No. 36-1986 was on public hearing.
27
28 Councilmember Morris asked about the reference to the Publication No.
29 H-84-7 that establishes the guidelines for street cuts and indicated her
30 concern with traffic and pedestrian safety during work being done on street- .
31
32 Mr. Barden explained the reference was to a Publication by HERPICC (Highway
33 Extension and Research Project for Indiana Counties and Cities) . He said
34 the publication sets specific levels for making cuts and repairs. Mr.
35 Barden indicated that this ordinance was the product of his office, the
36 Street Commissioner and all utilities in the City and consisted of the
37 system to obtain a permit for a street cut and an indemnification
38 agreement. He stated the utilites are improving the manner in which cuts
39 are made and all approve of the proposed ordinance.
40
41 Councilmember Whitesell asked about prior ordinances dealing with emergency
42 cuts and Mr. Barden explained that was addressed and this ordinance now
43 addressed planned projects.
44
45 Councilmember Morris asked that safety procedures be especially considered
46 when making street cuts .
47
48 Councilmember Whitesell asked about the inspection of cuts to insure
49 compliance and Mr. Barden stated the Street Department and City Engineer
50 would be handling the permits and inspections .
51
52 There being no further discussion, Councilmember Morris moved for
53 engrossment of Ordinance No. 36-1986, seconded by Councilmember Whitesell
54 and on unanimous voice vote the motion was carried.
55
56 Councilmember Brookbank moved to suspend the rules and move Ordinance No.
57 35-1986 to third and final reading and read by title only, seconded by
58 Councilmember Elstro and on unanimous voice vote the motion was carried.
59
60 The Clerk read Ordinance No. 36-1986 on third and final reading by title
61 only. ,
62
63 Ordinance No. 36-1986 was adopted on the following call of the roll:
64
65 Ayes: Elstro, Williams, Brookbank, Hankinson, Whitesell, Parker, Hutton,
Morris and Bodiker (9)
04 8
Common Council Minutes Cont'd
May 19, 1986
Page 6
1 Nays: None.
2
3 ORDINANCE NO. 38-1986
4
5 The Clerk read on second reading Ordinance No. 38-1986 - AN ORDINANCE ADDIN
111
6 SECTION 10.80 TO THE CITY CODE AS IT PERTAINS TO A DISCLAIMER OF LIABILITY
7 FOR RELIANCE OF THE CITY OR ITS AGENTS ON THE CITY CODE.
8
9 President Bodiker announced Ordinance No. 38-1986 was on public hearing.
10
11 Mr. Barden explained that Ordinances No. 38 and 39 are both designed to red ce
12 the risks on tort liability for the City. Mr. Barden stated they would
13 limit law suits being filed on employees or board members for acts performe.
14 as official acts or duties. He said it insulates these individuals from
15 personal liability.
16
17 Councilmember Whitesell asked if the ordinance placed the financial
18 responsibility on the city for legal representation.
19
20 Mr. Barden stated that it eliminates the need for employees to get their
21 own insurance or legal representation.
22
23 There being no further discussion, Councilmember Hankinson moved for
24 engrossment of Ordinance No. 38-1986, seconded by Councilmember Parker and
25 on unanimous voice vote the motion was carried.
26
27 Councilmember Morris moved to suspend the rules and move Ordinance No. 38-1:86
28 to third and final reading and read by title only, seconded by Councilmember
29 Parker and on unanimous voice vote the motion was carried.
30111
31 The Clerk read on third and final reading by title only Ordinance No. 38-1916.
32
33 Ordinance No. 38-1986 was adopted on the following call of the roll:
34
35 Ayes: Elstro, Williams, Brookbank, Hankinson, Whitesell, Parker, Hutton,
36 Morris and Bodiker (9)
37 Nays: None.
38
39 ORDINANCE NO. 39-1986
40
41 The Clerk read on second reading Ordinance No. 39-1986 - AN ORDINANCE PROVIIIING
42 FOR THE RECOVERY OF CIVIL DAMAGES FOR EXPENSES, LOSS, OR DAMAGE TO THE CITY
43 BY VIOLATION OF THE CITY CODE, ORDINANCES, CONTRACTS, RULES OR REGULATIONS.
44
45 President Bodiker announced Ordinance No. 39-1986 was on public hearing.
46
47 Mr. Barden explained that the ordinance will cover situations when trying
48 to take action on a code violation it insures the burden of the cost is on
49 the defendant and not the taxpayers .
50
51 Mr. Barden stated he would also like to address a situation in this ordinan e
52 to assist persons wanting to comply with City regulations , but lacking the
53 financial resources to be able to enter into a contract with the City to
54 work off the financial portion of a violation or compliance with an order.
55 He said he had talked with the State Board of Accounts regarding a
56 proposed amendment on the ability to work off fines, etc. Mr. Barden
57 requested the Council hold the Ordinance on second reading to June 2, 1986
58 before the amendment is considered.
59
60 Councilmember Whitesell asked about the fact that if a person challenges
61 a charge they must pay the legal fees of the City. Mr. Barden explained
62 that there would not be additional costs on the legal fees for any recovery
63 of salaries of city employees, but for filing fees, etc. He also indicated
64 that if the defendant prevailed there would be no recovery on the City's
65 costs.
349
Common Council Minutes Cont 'd
May 19, 1986
Page 7
1 Councilmember Parker stated that the ability to work off fines, etc. sounds
2 good, but asked about the liability of the City if a person was injured
3 on the job.
11/ 4
5 Mr. Barden explained that he was still considering all the options and
6 there would have to be a release for the City from all liability.
7
8 Councilmember Parker stated he felt even with a release there would still
9 be liability involved.
10
11 Mr. Barden said there was a way around the liability problem, such as
12 agreements used in Court ordered community service.
13
14 President Bodiker announced that Ordinance No. 39-1986 would be held on
15 second reading for June 2, 1986.
16
17 AMENDED ORDINANCE NO. 40-1986
18
19 The Clerk read on second reading Amended Ordinance No. 40-1986 - AN ORDINANCE
20 PROVIDING FOR A PERSONNEL POLICY FOR CITY EMPLOYEES.
21
22 President Bodiker announced Amended Ordinance No. 40-1986 was on public
23 hearing.
24
25 There being no comment, Councilmember Elstro moved for engrossment of
26 Ordinance No. 40-1986, seconded by Councilmember Brookbank and on unanimous
27 voice vote the motion was carried.
28
29 Councilmember Elstro moved to suspend the rules and move Amended Ordinance
30 No. 4'9-1986 to third and final reading and read by title only, seconded
31 by Councilmember Brookbank and on unanimous voice vote the motion was
32 carried.
33
34 The Clerk read on third and final reading by title only Amended Ordinance
35 No. 40-1986.
36
37 Amended Ordinance No. 40-1986 was adopted on the following call of the
38 roll:
39
40 Ayes: Elstro, Williams, Brookbank, Hankinson, Whitesell, Parker, Hutton,
41 Morris and Bodiker (9)
42 Nays: None
43
44 ORDINANCE NO. 41-1986
45
46 The Clerk read on second reading Ordinance No. 41-1986 - AN ORDINANCE
47 ESTABLISHING THE STANDARD TO BE UTILIZED IN CALCULATING PENSION BENEFITS
48 AND ASSESMENTS FOR THE POLICE PENSION FUND.
49
50 President Bodiker announced Ordinance No. 41-1986 was on public hearing.
51
52 Mr. Barden stated that he had met with the Police Pension Board and the
11/ 53 following amendment was proposed to clarify the establishment of a base
54 standard: The addition of a second whereas reading "the Richmond Police
55 Pension Board had prior to January 1, 1983, established such base standard
56 as a first class patrolman with twenty-four (24) years service."
57
58 Councilmember Morris so moved to amend Ordinance No. 41-1986, seconded
59 by Councilmember Hutton and on unanimous voice vote the motion was carried.
60
61 There being no further discussion, Councilmember Hankinson moved for
62 engrossment of Amended Ordinance No. 41-1986, seconded by Councilmember
63 Williams and on unanimous voice vote the motion was carried.
64
65 Councilmember Morris moved to suspend the rules and move Amended Ordinance
0
Common Council Minutes Cont'd
•
May 19, 1986
Page 8
1 No. 41-1986 to third and final reading and read by title only, seconded by
2 Councilmember Williams and on unanimous voice vote the motion was carried.
3
4 The Clerk read on third and final reading by title only Amended Ordinance
5 No. 41-1986. 111
6
7 UNFINISHED BUSINESS
8
9 President Bodiker reminded the Council and the public of the special meeting
10 of the Common Council on May 20, 1986 at 7:00 P.M. for receiving input on
11 the proposed water rate increase.
12
13 ADJOURNMENT
14
15 There being no further business on a motion duly made, seconded and passed
16 the meeting was adjourned.
17
18
19 Richard Bodiker, President
20
21
22 ATTEST:
23 Mary Merchanthouse, City Clerk
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