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
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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
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