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HomeMy Public PortalAbout04-21-1986 325 PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA, APRIL 21, 1986 1 The Common Council of the City of Richmond, Indiana, met in regular session 2 April 21, 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: Elstr. , 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 APRIL 7, 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 vot- 15 the motion was carried. 16 17 COMMUNICATIONS FROM THE MAYOR 18 19 Mayor Frank H. Waltermann informed the Council that there would be a meetin 20 of the executive board of the Richmond Progress Committee on April 30, 1986 21 and a meeting of the full board on May 6, 1986. 22 23 Mayor Waltermann explained that the Progress Committee would be a three (3) 24 tier organization with an Executive Board, full Board of Directors and 25 special taskforces. 26 27 The Mayor also stated that he would be speaking in favor of the firefighter's 28 contract later. 29 30 President Bodiker congratuled the Mayor on the success of the recent Prayer 31 Breakfast.. 32 33 REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY 34 35 Board President, Susan Silberstein, reported on the unsafe building hearing- 36 at 511 North 18th, 903-905 North H Street, 1530 East Main Street, and 1018 37 Butler Street. Hearings are scheduled for 510 South 10th Street and for 38 ten (10) accessory buildings in the future. 39 40 Ms. Silberstein informed the Board of the acceptance of the resignation of 41 Police Officer Gerald Hiatt and that dates have been set to receive bids 42 for mowing equipment and other city vehicles pursuant to the capital 43 equipment committee. 44 45 Ms. Silberstein also stated that the Board adopted resolution to establish 46 FLSA regulations for overtime hours for eligible city employees and the tou. 47 of duty for the Fire Department . 48 49 REPORTS FROM SPECIAL COMMITTEES 50 51 Committee of the Whole 52 53 Councilmember Brookbank announced a committee of the whole meeting for May 54 1, 1986 at 7:00 P.M. in the Council Chambers for discussion of the proposed 55 extension of South L Street. 56 57 REPORTS FROM STANDING COMMITTEES 58 59 Reid Hospital 60 61 Councilmember Brookbank reported that Reid had hired a consulting firm for 62 long term planning and that they had invited input from the Common Council. 63 64 Park Board 65 6 Common Council Minutes Cont 'd April 2 , 1986 Page 2 1 Councilmember Hutton reported on the meeting for the Park Master Plan would 2 be on May 14, 1986 at 7:00 P.M. inthe Board of Works Room. 3 4 Plan Commission 5 6 Councilmember Morris informed the Council that the Plan Commission had been 7 meeting to consider consultants for the Master Plan and they were 8 interviewing three (3) firms. 9 10 The regular meeting of the Plan Commission is on April 22, 1986 at 7:30 P.M. 11 12 MISCELLANEOUS BUSINESS 13 14 President Bodiker welcomed the Richmond High School students and teachers . 15 16 RESOLUTIONS 17 18 Councilmember Morris moved to suspend the rules and read Resolutions No. 8 arid 19 9-1986 by title only, seconded by Councilmember Elstro and on unanimous voice 20 vote the motion was carried. 21 RESOLUTION 8-1986 22 23 24 The Clerk read by title only Resolution No. 8-1986 - A RESOLUTION AUTHORIZIN. 25 THE CITY OF RICHMOND TO MAKE FULL APPLICATION FOR AN INDUSTRIAL DEVELOPMENT 26 INFRASTRUCTURE PROGRAM GRANT, AND AUTHORIZING THE MAYOR TO SIGN AND SUBMIT S CH 27 APPLICATION TO THE STATE OF INDIANA DEPARTMENT OF COMMERCE. 28 29 Speaking for Resolution No. 8-1986 was Mr. Richard Freeman of 1607 Reeveston 30 Road. Mr. Freeman stated the grant was for the extension of Industrial 31 Parkway to U.S. 40 East and the project was now at the point of being able t. 32 submit an application. Mr. Freeman stated the project represents a lot of 33 community effort. He said the amount of the application is 170,000.00 and would 34 be ready for the Department of Commerce within thirty (30) to sixty (60) day. . 35 36 There being no further discussion, Councilmember Elstro moved for adoption of 37 Resolution No. 8-1986, seconded by Councilmember Brookbank and on unanimous oice 38 vote the motion was carried. 39 40 RESOLUTION NO. 9-1986 41 42 The Clerk read by title only Resolution No. 9-1986 - A RESOLUTION OF THE 43 COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA TO AUTHORIZE THE SALE OF ITS 44 ECONOMIC DEVELOPMENT REVENUE BONDS FOR THE FINANCING OF AN ECONOMIC 45 DEVELOPMENT FACILITY. 46 47 Speaking for Resolution No. 9-1986 was Mr. Kent Klinge, Attorney at Law, 48 representing Realm Fastener Sales Corporation. Mr. Klinge requested 49 the Council to induce Realm Fasteners to proceed with the sale of 50 400,000.00 in revenue bonds for acquisition and renovation of the Indiana 51 Tool building. Mr. Klinge indicated upon completion it would create five (5) 52 new jobs the first year, ten (10) new jobs the second year and twenty (20) n-w 53 jobs the third year. 54 55 Mr. Klinge informed the Council that the Economic Development Commission had 56 held its public hearing and voted in favor of the project with the determina ion 57 that it would have no adverse impact on any other existing business and he 58 also reminded the Council that the revenue bonds are not a burden to the tax 59 payers. 60 61 There being no further discussion, Councilmember Elstro moved for adoption oI 62 Resolution No. 8-1986, seconded by Councilmember Hankinson and on unanimous 63 voice vote the motion was carried. 64 65 327 • Common Council Minutes Cont 'd April 21, 1986 Page 3 1 ORDINANCES 2 3 ORDINANCES ON FIRST READING 4 5 Councilmember Morris moved to suspend the rules and read Ordinances 28, 29, 6 30, 31, 32 and 33-1986 on first reading by title only, seconded by 7 Councilmember Brookbank and on unanimous voice vote the motion was 8 carried. 9 10 ORDINANCE NO. 28-1986 11 12 The Clerk read on first reading by title only Ordinance No. 28-1986 - AN 13 ORDINANCE AMENDING CHAPTER 154 OF THE MUNICIPAL CODE, BEING ORDINANCE NO. 14 2325-1968, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF RICHMOND, 15 INDIANA, PROVIDING FOR THE REZONING OF PROPERTY LOCATED AT 30 SOUTH 22ND 16 STREET FROM R-3 ONE-TO-EIGHT FAMILY RESIDENCE DISTRICT TO R-3 ONE-TO-EIGHT 17 FAMILY RESIDENCE SPECIAL USE DISTRICT, AND AUTHORIZING THE SPECIAL USE OF 18 SAID PROPERTY AS A ROOMING HOUSE TO BE USED AS A RESIDENTIAL GROUP HOME. 19 20 President Bodiker assigned Ordinance No. 28-1986 to the Plan Commission for 21 public hearing. 22 23 ORDINANCE NO. 29-1986 24 25 The Clerk read on first reading by title only Ordinance No. 29-1986 - AN 26 ORDINANCE CREATING STANDARDS FOR THE DISPLAY AND PLACEMENT OF NEWS RACKS 27 AND DELIVERY RECEPTACLES ON STREETS AND OTHER PUBLIC PLACES AND REQUIRING 28 NOTIFICATION OF AND EVIDENCE OF INSURANCE FOR THE PLACEMENT OF NEWS RACKS. 29 30 President Bodiker announced Ordinance No. 29-1986 would be advertised for 31 public hearing and assigned to the Public Works Committee of Council. 32 33 ORDINANCE NO. 30-1986 34 35 The Clerk read on first reading by title only Ordinance No. 30-1986 - 36 AN ORDINANCE RATIFYING THE PROFESSIONAL NEGOTIATION AGREEMENT BETWEEN THE 37 RICHMOND PROFESSIONAL FIREFIGHTERS INC. , LOCAL 1408 AND THE CITY OF RICHMOND; 38 PROVIDING FOR LONGEVITY PAY FOR THE FIREFIGHTERS; AND AMENDING ORDINANCE 39 NO. 53-1985 TO SET SALARIES FOR CERTAIN APPOINTED OFFICERS AND EMPLOYEES. 40 41 Councilmember Morris moved to suspend the rules and move Ordinance No. 30- 42 1986 to second reading, seconded by Councilmember Hankinson and on 43 unanimous voice vote the motion was carried. 44 45 The Clerk read on second reading Ordinance No. 30-1986. 46 47 President Bodiker announced Ordinance No. 30-1986 was on public hearing. 48 49 Speaking for Ordinance No. 30-1986 was Mayor Frank Waltermann. The Mayor 50 stated that even though the negotiations ran longer than expected and were 51 held up by law suits over the Open Door Law, the negotiations teams did 52 an excellent job and the contract was very liveable. 53 54 Councilmember Williams moved for engrossment of Ordinance No. 30-1986, seco ded 55 by Councilmember Brookbank and on unanimous voice vote the motion was carri-d. 56 57 Councilmember Williams moved to suspend the rules and move Ordinance No. 58 30-1986 to third and final reading and read by title only, seconded by 59 Councilmember Morris and on unanimous voice vote the motion was carried. 60 61 The Clerk read on third and final reading by title only Ordinance No 30- 62 1986. 63 64 Ordinance No. 30-1986 was adopted on the following call of the roll: 65 328 Common Council Minutes Cont 'd April 21, 1986 Page 4 1 Ayes: Elstro, Williams,Brookbank, Hankinson, Whitesell, Parker, Hutton, Morris, 2 and Bodiker (9) 3 Nays: None 4 5 ORDINANCE NO. 31-1986 6 7 The Clerk read on first reading by title only Ordinance No. 31-1986 - AN 8 ORDINANCE TO VACATE THAT PORTION OF NORTHWEST "K" STREET RUNNING EAST BETWEEN 9 LOT 21 , IN THE GRISWOLD ADDITION AND THE PENNSYLVANIA RAILROAD RIGHT-OF-WAY; 10 AND ALSO VACATING A PORTION OF A FOURTEEN (14) FOOT ALLEY RUNNING NORTH OFF OF 11 NORTHWEST "K" STREET. . 12 13 President Bodiker assigned Ordinance No. 31-1986 to the Plan Commission for 14 public hearing. 15 16 APPROPRIATION ORDINANCE NO. 32-1986 17 18 The Clerk read on first reading by title only Appropriation Ordinance No. 32- 19 1986 - AN ORDINANCE TO APPROPRIATE WITHIN THE LOCAL ROAD AND STREET FUND. 20 21 President Bodiker announced Ordinance No. 31-1986 would be advertised for 22 public hearing and assigned to the Committee of the Whole. 23 24 TRANSFER ORDINANCE NO. 33-1986 25 26 The Clerk read on first reading by title only Transfer Ordinance No. 33-1986 27 AN ORDINANCE TO TRANSFER WITHIN THE FEDERAL REVENUE SHARING TRUST FUND - FIRE 28 DEPARTMENT. 29 30 Councilmember Morris moved to suspend the rules and move Ordinance No. 33-1986 31 to second reading, seconded by Councilmember Hankinson and on unanimous voice 32 vote the motion was carried. 33 34 The Clerk read Ordinance No. 33-1986 on second reading. 35 36 President Bodiker announced Ordinance No. 33-1986 was on public hearing. 37 38 There being no comment, Councilmember Hankinson moved for engrossment of 39 Ordinance No. 33-1986, seconded by Councilmember Whitesell and on unanimous voice 40 vote the motion was carried. 41 42 Councilmember Morris moved to suspend the "rules and move Ordinance No. 33-1966 43 to third and final reading and read by title only, seconded by Councilmember 44 Hankinson and on unanimous voice vote the motion was carried. 45 46 The Clerk read Ordinance No. 33-1986 on third and final reading by title only. 47 48 Ordinance No. 33-1986 was adopted on the following call of the roll: 49 50 Ayes: Elstro, Williams, Brookbank, Hankinson, Whitesell, Parker, Hutton, Morris, 51 and Bodiker (9) 52 53 Nays: None. 54 55 ORDINANCES ON SECOND READING 56 57 ORDINANCE NO. 21-1986 58 59 Councilmember Whitesell requested the Council to respond to the comments by Mr. 60 Dooley regarding the Homestead Ordinance and if there are no questions 61 amendments would be offered at the Council Meeting of May 5, 1986 for the 62 ordinance. 63 64 ACCEPTANCE OF PROOF OF PUBLICATIONS 65 329 Common Council Minutes Cont 'd April 21, 1986 Page 5 Councilmember Morris moved to accept and file the Proof of Publications for Ordinance No. 24, 25, and 26-1986, seconded by Councilmember Hankinson and on unanimous voice vote the motion was carried. ` APPROPRIATION ORDINANCE NO. 24-1986 • The Clerk read on second reading Appropriation Ordinance No. 24-1986 - AN : ORDINANC TO APPROPRIATE WITHIN THE CUMMULATIVE CAPITAL DEVELOPMENT FUND. 11 President Bodiker announced Ordinance No. 24-1986 was on public hearing. 1 1, Mayor Frank Waltermann informed the Council that the funds were being 1 appropriated pursuant to the laws governing the fund for the repair of 1 roofs at the fire houses and purchase of heat pumps . 1: In response to questions, it was determined that the fund now contained 1 270,000.00. 1: 1• Councilmember Morris stated that these requests had been approved by the 21 Capital Equipment Committee. 2 2, There being no further discussion, Councilmember Hankinson moved for 2 engrossment of Ordinance No. 24-1986, seconded by Councilmember 2 Brookbank and on unanimous voice vote the motion was carried. 2' 2: Councilmember Brookbank moved to suspend the 'rules and move Ordinance No. 2 24-1986 to third and final reading and read by title only, seconded by 2: Councilmember Morris and on unanimous voice vote the motion was carried. 2• 31 The Clerk read Appropriation Ordinance No. 24-1986 on third and final reading 3 by title only. 3, 3 Appropriation Ordinance No. 24-1986 was adopted on the following call'of 3 the roll: 3' 3: Ayes: Elstro, Williams, Brookbank, Hankinson, Whitesell, Parker, Hutton, 3 Morris and Bodiker (9) 3: 3' Nays: None. 41 4 ORDINANCE NO. 25-1986 4 , 4 The Clerk read on second reading Ordinance No. 25-1986 - AN ORDINANCE AMEND NG 4 SECTION 94.12 OT THE RICHMOND CITY CODE AS IT APPLIES TO TOWING AND STORAGE 4 CHARGES FOR REMOVAL OF VEHICLES. 4 4 President Bodiker announced Ordinance No. 25-1986 was on public hearing. 4: 4• Councilmember Morris asked whose discretion it would be to establish the 51 fees and Ms. Stout explained that there had been meeting with the wrecker 5 services regarding establishing the rotation system and that prior to this 5, the charge had been 15.00. She stated that the Indiana Towing and Wrecker 5 Services had felt this was too low and that the rotation service should be 5 at a premium since now the agencies involved will have to meet strict 5' guidelines and requirements and be licensed, along with providing Proof of 5: Insurance. 5 5: Ms. Stout stated they felt the fees should be set at 30.00 for weekdays fro' 5' 8:00 A.M. to 5:00 P.M. and 40.00 after 5:00 P.M. and on weekends and 61 holidays. She indicated that the fees should possibly be approved by the 6 Board of Works. 6 6 Councilmember Hankinson stated that the ordinance has just been changed in 6 1982 and why were they unhappy with that ordinance. Mr. Barden explained 6 that the services involved had been losing money with the towing and making 33.0 ommon ounce inutes ont 'd April 21, 1986 PAge 6 1 it up in storage fees. He stated this would be a more accurate towing fee 2 and that they now have to be licenses and provide proof of insurance. 3 4 Councilmember Parker suggested that AAA might be checked with regarding fees 11/ 5 and they be set in accordance with that. 6 7 Councilmember Parker also asked how the rotation would be handled to make it 8 fair and Ms. Stout explained that the Indiana Wrecker and Towing Services had 9 helped the City set up the criteria and will be training officers to 10 check the equipment for licensing. She said the list is done alphabetically 11 and there are two (2) lists to handle regular vehicles and larger vehicles. 12 She stated that they will be allowed three (3) turn downs before they will 13 be called it to see if they have a problem or want to remain on the 14 rotation list. 15 16 Councilmember Williams stated that he had a problem with rewriting ordinances 17 and we should not continue to change things . 18 19 Mr. Barden explained that this has been a 22 year project and that we had been 20 threatened with law suits over poor towing. 21 22 Councilmember Whitesell stated that the Council had addressed these concer s 23 in a committee of the whole over two (2) years ago and that this seems a 24 proper way to deal with the problems and encouraged adoption of the ordina ce. 25 26 There being no further discussion, Councilmember Hankinson moved for 27 engrossment of Ordinance No. 25-1986, seconded by Councilmember Elstro and 28 on unanimous voice vote the motion was carried. 29 30 Councilmember Hankinson moved to suspend the rules and move Ordinance No. 31 25-1986 to third and final reading and read by title only, seconded by 32 Councilmember Elstro and on unanimous voice vote the motion was carried. 33 34 Ordinance No. 25-1986 was adopted on the following call of the roll: 35 36 Ayes: Elstro, Brookbank, Whitesell, Parker, Hutton, Morris and Bodiker ( ) 37 Nays: Williams and Hankinson ( 1) 38 39 ORDINANCE NO. 26-1986 40 41 The Clerk read on second reading Ordinance No. 26-1986 - AN ORDINANCE AMENIING 42 CERTAIN SECTIONS OF THE RICHMOND CITY CODE DEALING WITH RULES OF COMMON 43 COUNCIL. 44 45 President Bodiker announced Ordinance No. 25-1986 was on public hearing. 46 47 There being no comment, Councilmember Whitesell moved for engrossment of 48 Ordinance No. 26-1986, seconded by Councilmember Elstro and on unanimous 49 voice vote the motion was carried. 50 51 President Bodiker explained that this ordinance had been referred to a 52 special committee of the Council and these are the recommendations of the 53 Committee. 54 55 Councilmember Morris asked about Section 30.02 (b) and giving 24 hours 56 notice of special meetings and that if that should not be changed to 48 ho rs. 57 58 It was suggested that if the section was going to be amended that it be 59 amended according to the Indiana Code dealing with notifications of 60 meetings and give the Council the right to call emergency meetings with less 61 notice also. 62 63 Councilmember Morris moved to amend Section 30.02 (b) the Notices be served 64 pursuant to the Indiana Code citing. Councilmember Brookbank seconded the 65 moiton. 331 Common Council Minutes Cont'd April 21, 1986 Page 7 1 The motion was defeated on a call of the roll with Councilmember Williams 2 voting no and the amendment could only pass with a unanimous approval. 3 4 5 Councilmember Parker suggested the section regarding reducing motion to writing 6 be striken and Mr. Barden explained that this referred to the motions 7 appearing in the minutes . 8 9 Councilmember Parker asked if the section on Reconsideration had ever been 10 used and Mr.Barden explained that it had been used and that it required a 11 written notice at the meeting of the vote to notice of a request for a 12 reconsideration of a vote. Mr. Barden explained that this was also covered 13 in Roberts Rules of Order. 14 15 Councilmember Parker stated he was not certain this was fair and moved to 16 strike the section on Reconsideration. The motion was seconded by Councilmember 17 Elstro. 18 19 The motion was defeated on a call of the roll with Councilmember Brookbank 20 voting no. 21 22 Councilmember Whitesell asked if State Law would take precedent over the 23 Council rules regarding an emergency meeting and Mr. Barden explained 24 that the Council rules were more stringent that the State law and this 25 section did not apply to regular meeting. 26 27 There being no further discussion, Councilmember Hankinson moved to suspend 28 the rules and move Ordinance No. 26-1986 to third and final reading and 29 read by title only, seconded by Councilmember Whitesell and on unanimous voice 30 vote the motion was carried. 31 32 The Clerk read Ordinance No. 26-1986 on third and final reading by title onl . 33 34 Ordinance No. 26-1986 was adopted on the following call of the roll: 35 36 Ayes: Elstro, Brookbank, Hankinson, Whitesell, Parker, Hutton, Morris and 37 Bodiker (8) 38 Nays : Williams (1) 39 40 ORDINANCES AT SPECIAL COMMITTEE 41 42 AMENDED ORDINANCE NO. 47-1985 43 44 Councilmember Whitesell announced that the Council now has a draft copy of 45 this ordinance and it will be scheduled for the May 19, 1986 meeting of the 46 Council. 47 48 ANNOUNCEMENT OF SPECIAL MEETING 49 50 President Bodiker announced a special meeting of the Common Council on May 51 20, 1986 at 7:00 P.M. in the Council Chambers for discussion of the impact 52 of the 18% water rate increase and asked the City Controller to report on 53 the financial impact on the city. 54 55 ADJOURNMENT 56 57 There being no further business, on a motion duly made, seconded and passed 58 the meeting was adjourned. 59 60 61 Richard Bodiker, President 62 63 ATTEST: 64 Mary Merchanthouse, City Clerk 65 • 332 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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