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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 24 25 26 27 28 29 30 11/ 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