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HomeMy Public PortalAbout11-04-1985 • PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA, NOVEMBER 4, 1985 1 The Common Council of the City of Richmond, Indiana, met in regular session 2 November 4, 1985 at the hour of 7:30 P.M. in the Council Chambers in said 3 City. President Williams presided with the following members in 111 4 attendance: Councilmembers Elstro, Brookbank, Hankinson, Whitesell, Parker, .5 Bodiker, Lemoine and Morris. Absent: None. The following business was 6 had to-wit: 7 8 PLEDGE OF ALLEGIANCE 9 10 SILENT DEVOTIONS 11 12 APPROVAL OF MINUTES OF OCTOBER 21, 1985 13 14 Councilmember Hankinson moved to approve the minutes of the previous meeting ' 15 as prepared, seconded by Councilmember Whitesell and on unanimous voice 16 vote the motion was carried. 17 18 COMMUNICATIONS FROM THE MAYOR 19 20 Mayor Frank H. Waltermann informed the Council that he had recently 21 attended a meeting of the Midwest Civic Leaders Group regarding their 22 trip to Japan and had purchased a 45 minute documentary videotape telling 23 why they visited Japan. He stated he would share it with the Council when 24 arrangements can be made. 25 • 26 Mayor Waltennann also cutimented on the announcement by Radisson on a 27 Franchise Agreement for the Leland project. The Mayor informed the 28 Council that the City is working with another group of Japanese and they 29 had inquired about the non-attainment status of Wayne County since they 30 would be an omitter. He stated that he had also participated in Econanic 31 Development Japanese Caravan in Indianapolis. 32 33 REPORT FROM CITY DEPARTMENTS 34 35 Street Depai huent 36 37 Street Supervisor Bill Hillard reported to the Council that he felt the 38 Street DepaLUuent had done an excellent job on the leaf removal program. 39 He stated that the depailnuent has been short two (2) trucks, but has 40 received assistance from the Park and Sanitary District with equipment. 41 42 Mr. Hillard read a letter of thanks from Mr. Ed Kaeuper for assistance by 43 the Street Department for leaf pick-up. Mr. Hillard also informed the 44' Council that the depaiUiient is using three (3) leaf vacuums and four (4) 45 front end loaders to pick up leaves. He said the sweepers will not be 46 used until the last week of leaf removal for economy purposes and also they 47 can clear up better after leaves have been removed. 48 49 Mr. Hillard thanked the citizens for their cooperation during the leaf 50 removal program. 51 52 Councilmember Hankinson asked Mr. Hillard for a financial report on the 53 leaf removal program. 54 55 President Williams stated that he visited the Street Department to inspect 56 the equipment and that the depaiLment is in desperate need of new 57 equipment and is dangerous for the employees to use. 58 59 Park Depai lsuent 60 61 Ms. Nancy MacCartey, Park Superintendent, informed the Council that she 62 had been informed by the Palladium Item that 1985 is the 100th birthday 63 for the Glen Miller Park. Ms. MacCartney stated that according to 64 research Glen Miller was probably the first city park in the State of 65 Indiana. She said that a birthday celebration is being planned for 0 Common Council Minutes Cont'd November 4, 1985 Page 2 1 December and more details would be released. 2 3 REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY 4 5 Ms. Maness informed the Council that the Board had petitioned for the 6 vacation of South 4th Street from Main Street to A Street and that a lot of 7 questions remain unanswered regarding maintenance of the area. She also 8 stated that the Purchasing Department had reported that 300+ trees had been 9 reported for removal and that new trees reported will be held for cutting in 10 1986. Ms. Maness said that emergency situations with trees would still be 11 handled as they arise. 12 13 Ms. Maness also informed the Council that the hearing for the 1986 budget by 14 the State Tax Commission will be on November 20, 1985 at 8:30 A.M. and members 15 of the Common Council are invited. 16 17 REPORTS FROM STANDING COMMITTEES 18 19 Reid Hospital 20 21 Councilmember Brookbank reported that the Reid Hospital Board had met on 22 October 28, 1985 and had announced the appointment of six (6) new doctors 23 as courtesy staff under the emergency medical program. 24 25 Urban Enterprise Zone 26 27 Councilmember Brookbank announced a meeting of the Urban Enterprise Zone 28 Board on November 5, 1985 at 7:30 P.M. 29 30 Education Canmittee 31 32 Councilmember Bodiker stated that he had arranged for Cheryl Amos to make 33 a presentation to the Council at their meeting of November 18, 1985 on the 34 Adult Basic Education Program. 35 36 MISCELLANEOUS BUSINESS 37 38 Board of Zoning Appeals Appointment 39 40 Mr. Barden explained to the Council that Mr. Orville Allen would accept the 41 Council's appointment to the Board of Zoning Appeals and that due to State 42 Law changes the Council would have to appoint Mr. Allen retroactively 43 to January 1, 1985 through December 31, 1985 and a second four year 44 appointment starting January 1, 1986. 45 4 Councilmember Morris moved to appoint Orville Allen to the Board of Zoning 47 Appeals from January 1, 1985 to December 31, 1985 and to also serve a four 48 (4) year term starting January 1, 1986, seconded by Councilmember 49 Hankinson and on unanimous voice vote the motion was carried. 50 5 RESOLUTIONS 5 5 , Councilmember Whitesell moved to suspend the rules and read Resolutions No. 54. 15 and 16-1985 by title only, seconded by Councilmember Elstro and on111 5' unanimous voice vote the motion was carried. 5 5 RESOLUTION NO. 15-1985 • 5 5 , The Clerk read by title only Resolution No. 15-1985 - A RESOLUTION OF THE • 6 COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA (INDUCE DISTINCTIVE 6 PLASTICS) 6 6 President Williams announced Resolution No. 15-1985 was on public hearing. 6 6 Speaking for Resolution No. 15-1985 was Mr. Andrew Cecere, Attorney at Law, 231 Common Council Minutes Cont'd November 4, 1985 Page 3 1 101 South 10th Street, Richmond, Indiana. Mr. Cecere informed the Council 2 that the Economic Development Commission of the City of Richmond held a public 3 hearing on November 4, 1985 and passed a Resolution to recommend to the • Ill 4 Common Council of the City of Richmond to induce Distinctive Plastics to 5 put together a package and proceed with a purchaser of bonds for the 6 acquisition of the building, machinery and equipment belonging to Transilwrac 7 Corporation. Mr. Cecere stated that Distinctive Plastics is hoping to 8 expand the product line and increase the number of employees from the fifty 9 (50) now employed. 10 • 11 Mr. Cecere stated that the Economic Development Commission found there would 12 be no adverse competitive affect on existing businesses. Mr. Cecere also 13 said that no additional city services would be required and there is no 14 obligation to the community for the payment of the bonds. 15 16 There being no further camment, Councilmember Morris moved for adoption of 17 Resolution No: 15-1985, seconded by Councilmember Brookbank and on 18 unanimous voice vote the motion was carried. 19 20 RESOLUTION NO. 16-1985 21 22 The Clerk read by title only Resolution No. 16-1985 - A RESOLUTION OF COMMON 23 COUNCIL OF THE CITY OF RICHMOND GIVING CONSENT TO THE TOWN OF CENTERVILLE 24 FOR ANNEXATION OF CERTAIN TERRITORY WITHIN THREE MILES OF THE CORPORATE 25 BOUNDARIES OF THE CITY OF RICHMOND. 26 27 Councilmember Whitesell noted that Mr. Barden had presented an amended 11/ 28 version of Resolution No. 16-1985 to make corrections to the legal descriptio . 29 30 Councilmember Whitesell moved to amend Resolution No.:16-1985, as presented, 31 seconded by Councilmember:Morris-and on unanimous voices voteAhef motion.was 32 carried. 33 34 Mr. Barden explained to the Council that the Town of Centerville has a 35 request for a voluntary annexation on property on east of Centerville on 36 U.S. 40 and that it lies within three miles of Richmond's corporate 37 boundaries. Mr. Barden stated that Centerville must seek the consent of 38 the Richmond Cutuuon Council prior to final approval of the annexation. 39 Mr. Barden said the Town Board of Centerville meets on November 5, 1985 and 40 will need the approval before this meeting. 41 42 In response to Councilmember Parker, Mr. Barden explained that the annexatio 43 petition was initiated by Ford's Market and all property was on the north 44 side of U.S. 40. Mr. Barden also stated that Centerville had conducted all 45 hearings and that it had been legally advertised. 46 47 There being no further discussion Councilmember Elstro moved for adoption 48 of Resolution No. 16-1985, seconded by Councilmember Morris and on 49 unanimous voice vote the motion was carried. 50 51 ORDINANCES 52 53 ORDINANCES ON FIRST READING 54 55 Councilmember Morris moved to suspend the rules and read Ordinances No. 56 109, 110, 111, 112, and 113-1985 on first reading by title only, seconded 57 by Councilmember Whitesell and on unanimous voice vote the motion was 58 carried. 59 60 ORDINANCE NO. 109-1985 61 62 The Clerk read on first reading by title only Ordinance No. 109-1985 - AN 63 ORDINANCE TO APPROPRIATE WITHIN THE GENERAL FUND. 64 65 President Williams announced Ordinance No. 109-1985 had to be advertised. 23 2. Ccuiuuon Council Minutes Cont'd November 4, 1985 Page 4 1 TRANSFER FINANCE NO. 110-1985 2 3 The Clerk read on first reading by title only Transfer Ordinance No. 110-1985 - 4 AN ORDINANCE TO TRANSFER WITHIN THE PUBLIC TRANSIT FUND. 5 6 Councilmember Hankinson moved to suspend the rules and move Transfer Ordinance 7 No. 110-1985 to second reading, seconded by Councilmember Elstro and on 8 unanimous voice vote the motion was carried. 9 10 The Clerk read on second reading Transfer Ordinance No. 110-1985 - AN 11 ORDINANCE TO TRANSFER WITHIN THE PUBLIC TRANSIT FUND. 12 . 13 For the benefit of the audience, Councilmember Hankinson explained that the 14 transfer was to cover anticipated gasoline expense for the remainder of 15 1985. 16 17 There being no further comment, Councilmember Bodiker moved for engrossment 18 of Transfer Ordinance No. 110-1985, seconded by Councilmember Elstro and on 19 unanimous voice vote the motion was carried. 20 21 ' Councilmember Lemoine moved to suspend the rules and move Transfer Ordinance 22 No. 110-1985 to third and final reading and read by title only, seconded 23 by Councilmember Bodiker and on unanimous voice vote the motion was carried. 24 25 The Clerk read on third and final reading by title only Transfer Ordinance 26 No. 110-1985 - AN ORDINANCE TO TRANSFER WITHIN THE PUBLIC TRANSIT FUND. 27 28 Ordinance No. 110-1985 was adopted on the following call of the roll: 29 30 Ayes: Elstro, Brookbank, Hankinson, Whitesell, Parker, Bodiker, Lemoine, 31 Morris and Williams (9) 32 Nays: None 33 34 ORDINANCE NO. 111-1985 35 36 The Clerk read on first reading by title only Ordinance No. 111-1985 - AN 37 ORDINANCE OF THE CITY OF RICHMOND, INDIANA AUTHORIZING THE CONSENT OF THE 38 CITY TO THE CONVEYANCE OF REAL ESTATE AND THE ASSIGNMENT OF THE LOAN AGREEMET1 , 39 A PART OF THE FINANCING AGREEMENT UNDER WHICH RICHMOND ECONOMIC DEVELOPMENT 40 BONDS, SERIES A AND B, (EIIPCO REALTY PROJECT) , WERE ISSUED AND SOLD. 41 42 Councilmember Morris moved to suspend the rules and move Ordinance No. 111- 43 1985 to second reading, seconded by Councilmember Whitesell and on 44 unanimous voice vote the motion was carried. 45 46 The Clerk read on second reading Ordinance No. 111-1985 - AN ORDINANCE OF T 47 CITY OF RICHMOND, INDIANA AUTHORIZING AND CONSENT OF THE CITY TO THE 48 CONVEYANCE OF REAL ESTATE AND THE ASSIGNMENT OF THE LOAN AGREEMENT, A PART 0 49 THE FINANCING AGREEMENT UNDER WHICH RICHMOND ECONOMIC DEVELOPMENT REVENUE BO DS, 50 SERIES A AND B, (EIIPCO REALTY PROJECT) , WERE ISSUED AND SOLD. 51 52 President Williams announced Ordinance No. 111-1985 was on public hearing. 53 54 Speaking for Ordinance No. 111-1985 was Mr. Andrew Cecere, Attorney at Law, 55 101 South 10th Street, Richmond, Indiana. Mr. Cecere informed the Council 56 that a bond ordinance had been passed for EIIPCO Realty in 1980 for the 57 acquisition of property and the construction of a building which was leased 58 to Staco. The location of the property was in the Eastern Indiana Industria 59 Parkway. Mr. Cecere stated the property has been vacant and that EIIPCO now 60 has a purchaser which is Vandor Corporation. Mr. Cecere said Vandor 61 Corporation now has two (2) loations and would be able to unify their operat'.n 62 within the City and expand and grow. 63 64 Mr. Cecere informed the Council that the conveyance of the real estate and e 65 assignment of the Series B Bonds to Vandor Corporation takes the consent of 0 e 233 Common Council Minutes Cont'd November 4, 1985 Page 5 1 Colll[llon Council and the bond holders which First National Bank of Richmond 2 is the trustcc for the bonds. Mr. Cecere stated the Series A Bonds will 3 be paid in full. All other aspects of the bonds remain the same and the 4 bonds are paid to date. . 5 6 Mr. Cecere stated that this ordinance authorizes the Mayor and the Clerk 7 to sign the necessary documents and will solidify the relationship between 8 Vandor and the City. 9 10 Councilmember Whitesell stated he was pleased with this development and 11 asked if Vandor will continue operation in the facilities they now have. 12 13 Mr. Cecere stated that they were hoping to find a buyer for the facilities 14 and totally relocate into one (1) facility. 15 16 Councilmember Whitesell inquired as to why the Economic Development Couuuissic'n 17 did not have to act on this request and Mr. Cecere stated this was not a 18 new bond issue and statute and ordinance define the requirements in the event 19 of any changes in the bond issue which include the approval by the City and 20 the bond holder. Mr. Cecere said the Council has followed these procedures 21 in teh past. 22 23 There being no further discussion, Councilmember Elstro moved for 24 engrossment of Ordinance No. 111-1985, seconded by Councilmember Brookbank 25 and on unanimous voice vote the motion was carried. 26 27 Councilmember Lemoine moved to suspend the rules and move Ordinance No. 28 111-1985 to third and final reading and read by title only, seconded by 29 Councilmember Bodiker and on unanimous voice vote the motion was carried. 30 31 The Clerk read on third and final reading by title only Ordinance No. 111- 32 1985 - AN ORDINANCE OF THE CITY OF RICHMOND, INDIANA AUTHORIZING THE CONSENT 33 OF THE CITY TO THE CONVEYANCE OF REAL ESTATE AND THE ASSIGNMENT OF THE LOAN 34 AGREEMENT, A PART OF THE FINANCING AGREEMENT UNDER WHICH RICHMOND ECONOMIC 35 DEVELOPMENT REVENUE BONDS, SERIES A AND B, (EIIPCO REALTY PROJECT) , WERE 36 ISSUED AND SOLD. 37 38 Ordinance No. 111-1985 was adopted on the following call of the roll: 39 • 40 Ayes: Elstro, Brookbank, Hankinson, Whitesell, Parker, Bodiker, Lemoine, 41 Morris and Williams (9) 42 Nays: None 43 44 ORDINANCE NO. 112-1985 45 46 The Clerk read on first reading by titly only Ordinance No. 112-1985 - AN 47 ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF $34,155,000.00 FLOATING RATE 48 DEMAND MULTIFAMILY HOUSING REVENUE BONDS OF THE CITY OF RICHMOND, INDIANA, 49 FOR THE PURPOSE OF MAKING A LOAN TO RICHMOND HOUSING LIMITED PARTNERSHIP, 50 IN ORDER TO FINANCE THE ACQUISITION AND CONSTRUCTION OF CERTAIN MULTIFAMILY 51 HOUSING FACILITIES LOCATED IN THE CITY AND APPROVING OTHER ACTIONS IN 52 RESPECT THERETO. • 53 54 Councilmember Morris moved to suspend the rules and move Ordinance No. 112- 55 1985 to second reading, seconded by Councilmember Elstro and on unanimous 56 voice vote the motion was carried. '57 58 The Clerk read on second reading Ordinance No. 112-1985 - AN ORDINANCE 59 AUTHORIZING THE ISSUANCE AND SALE OF $34,155,000.00 FLOATING RATE DEMAND 60 MULTIFAMILY HOUSING REVENUE BONDS OF THE CITY OF RICHMOND, INDIANA, FOR THE 61 PURPOSE OF MAKING A LOAN TO RICHMOND HOUSING LIMITED PARTNERSHIP, IN ORDER 62 TO FINANCE THE ACQUISITION AND CONSTRUCTION OF CERTAIN MULTIFAMILY HOUSING 63 FACILITIES LOCATE) IN THE CITY AND APPROVING OTHER ACTIONS IN RESPECT THERETC. 64 65 president Williams announced Ordinance No. 112-1985 was on public hearing. 234 Cu uuon Council Minutes Cont'd November 4, 1985 Page 6 1 Speaking for Ordinance No. 112-1985 was Mr. Andrew Cecere, Attorney at Law, 2 101 South 10th Street, Richmond, Indiana. Mr. Cecere informed the Council 3 that the Economic Development Commission had passed a Resolution on 4 November 4, 1985 to recommend approval of the bond issue. Mr. Cecere stated 5 that the original inducement resolution called for up to $50,000,000.00 in 6 bonds for 800 units and the ordinance sets out $34,155,000.00 in bonds for 7 600 units. Mr. Cecere explained that since a portion of the real estate is 8 located outside the city limits the County Council approved a resolution 9 giving consent to the City for the financing. Mr. Cecere stated that an 10 ordinance had been passed by Council approving voluntary annexation of this 11 property and would became effective sixty (60) days after the date of 12 publication which was on October 23, 1985. 13 14 Mr. Cecere told the Council that bond counsel felt the project should be 15 considered in its entirety and that is why the total acerage is included as 16 an exhibit to the ordinance. Mr. Cecere also informed the Council that this 17 ordinance will designate the area in question as an economic development 18 target area since the area can be considered impossible for normal 19 development and occupancy. Mr. Cecere further stated that the present owner 20 of the property had owned it six (6) or seven (7) years and had not been 21 able to develop the real estate due to the interest rates thereby preventing 22 development of the area except by the bonds. 23 24 Councilmember Morris commented that most bonds before Council were purchased 25 through local financial institutions and this was through a bank in Arizona. 26 Mr. Cecere explained they were set forth in the same federal and state laws. 27 He stated there would be no obligation on the community for the bonds. 28 29 Councilmember Whitesell asked if the project would go to Plan Commission befcre 30 construction and Mr. Cecere stated that it must follow the Planned Unit 31 Development Procedure. 32 33 There being no further comment, Councilmember Elstro moved for engrossment of 34 Ordinance No. 112-1985, seconded by Councilmember Brookbank and on unanimous 35 voice vote the motion was carried. 36 37 Councilmember Lemoine moved to suspend the rules and move Ordinance No. 112- 38 1985 to third and final reading and read by title only, seconded by 39 Councilmember Morris and on unanimous voice vote the motion was carried. 40 41 The Clerk read on third and final reading by title only Ordinance No. 112- 42 1985 - AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF $34,155,000.00 43 FLOATING RATE DEMAND MULTIFAMILY HOUSING REVENUE BONDS OF THE CITY OF RICHMOND, 44 INDIANA, FOR THE PURPOSE OF MAKING A LOAN TO RICHMOND HOUSING LIMITED 45 PARTNERSHIP, IN ORDER TO FINANCE THE ACQUISITION AND CONSTRUCTION OF CERTAIN 46 MULTIFAMILY HOUSING FACILTIES LOCATED IN THE CITY AND APPROVING OTHER 47 ACTIONS IN RESPECT THERETO. 48 49 Ordinance No. 112-1985 was adopted on the following call of the roll: 50 51 Ayes: Elstro, Brookbank, Whitesell, Parker, Bodiker, Lemoine, Morris and 52 Williams (8) 53 Nays: Hankinson (1) 54 55 ORDINANCE NO. 113-1985 56 57 The Clerk read on first reading by title only Ordinance No. 113-1985 - AN 58 ORDINANCE VACATING THAT PORTION OF SOUTH FOURTH STREET RUNNING BETWEEN THE 59 SOUTH LINE OF EAST MAIN STREN1' AND THE NORTH LINE OF SOUTH A STRFF,T IN THE 60 CITY OF RICHMOND, INDIANA. 61 62 President Williams announced Ordinance No. 113-1985 was assigned to Plan 63 Conuuission for public hearing. 64 65 35 Common Council Minutes Cont'd November 4, 1985 Page 7 1 ORDINANCES ON SECOND READING 2 3 ORDINANCE NO. 47-1985 4 5 The Clerk read on second reading Ordinance No. 47-1985 - AN ORDINANCE TO 6 REGULATE BURGLARY AND ROBBERY ALARM SYSTEMS. 7 8 Councilmember Morris offered the following amendments to Ordinance No. 9 47-1985: 10 11 1. Councilmember Morris moved to strike (g) in Section 1, seconded 12 by.Councilmember Lemoine and on unanimous voice vote the motion was 13 carried. 14 15 Councilmember Whitesell noted that all reference to automatic dialers 16 in the ordinance should be striken. 17 18 President Williams stated that much time could have been saved if the 19 Council had the amendments prior to the meeting and he would like to see 20 the amended ordinance in whole before acting on it. 21 22 Councilmember Lemoine requested that the Council go through the proposed 23 amendments and bring the amended document back for public hearing. 24 25 2. Councilmember Morris moved to amend Section 4 (b) to read: The 26 fee for an alarm system permit would be $1.00 for residential property 27 and $1.00 for commercial property for the first term of the permits. 28 Such permits may be renewed upon expiration upon a payment of $1.00 29 for residential property and $1:00 for commercial property for a new 30 term, seconded by Councilmember Lemoine and on unanimous voice vote 31 the motion was passed. 32 33 Councilmember Morris also stated a thirty (30) day moratorium would 34 be instituted in order that permits could be purchased at no charge. 35 She also said the $1.00 fee would cover the cost of the forms and 36 it would be necessary for registration for a record keeping basis to 37 know the alarm owners and how to reach them, otherwise much time is 38 lost by an officer remaining at an alarm call trying to locate the 39 owner. 40 3. Councilmember Morris moved to amend Section 4 (d) to read: A 41 permit issued pursuant to this chapter shall be valid for two (2) years 42 from the date of issuance, seconded by Councilmember Lemoine and on 43 unanimous voice vote the motion was carried. 44 45 4. Councilmember Morris moved to amend Section 8 to provide that the 46 fee for registration for an alarm business shall be $25.00, seconded 47 by Councilmember Hankinson and on a call of the roll the motion was 48 defeated. 49 50 Ayes: Hankinson, Bodiker, Lemoine and Morris (4) 51 Nays. Elstro, Brookbank, Whitesell, Parker and Williams (5) 52 53 ' 5. Councilmember Morris moved to amend Section 9 that the registratio 54 of an alarm business shall be valid for two years from the date of 55 registration and shall be renewed upon expiration thereafter,. 56 seconded by Councilmember Lemoine and on unanimous voice vote the 57 motion was carried. 58 59 6. Councilmember Morris moved to strike Section 11, seconded by 60 Councilmember Lemoine and on unanimous voice vote the motion was 61 carried. 62 63 7. Councilmember Morris moved to amend Section 15 (b) to provide that 64 in the event an alarm is operated by an alarm business one copy of 65 the notice of violation shall be served on the person who controls 2635 Common Council Minutes Cont'd November 4, 1985 Page 8 1 the property on whichs the alarm system is installed and a copy shall 2 also be served upon the alarm business, seconded by Councilmember 3 Lemoine and on unanimous voice vote the motion was carried. 4 5 8. Councilmember Morris moved to amend Section 17 (1) by striking the 6 language "or operation of an illegal telephone dialing device" and 7 by changing "in a one certificate year" to "in any twelve minth period" 8 seconded by Councilmember Lemoine and on unanimous voice vote the 9 motion was carried. 10 11 9. Councilmember Morris moved to amend paragraph (2) of Section 17 by 12 striking "or operation of an illegal telephone dialing device" and by 13 amending "within one certificate year" to "provide within any twelve 14 month period", seconded by Councilmember Lemoine and on unanimous voice 15 vote the motion was carried. 16 17 10. Councilmember Morris moved to amend paragraph (3) in Section 17 by 18 changing "any one certificate year" to "in any twelve month period", 19 seconded by Councilmember Lemoine and on unanimous voice vote the motion 20 was carried. 21 22 11. Councilmember moved to amend paragraph 3 of Section 17 by striking 23 the language "or operation of an illegal telephone device", seconded by 24 Councilmember Lemoine and on unanimous voice vote the motion was carried 25 26 12. Councilmember Morris moved to amend paragraph 4 of Section 17 by 27 strking the language "upon the first such citation, no fine will be made ', 28 and by changing "each citation for a violation of operating an alarm 29 system without a permit shall result in a fine of $100.00 for each and 30 every violation", seconded by Councilmember Lemoine and on the following 31 call of the roll the motion wass defeated: 32 33 Ayes: Bodiker, Lemoine and Morris (3) 34 Nays: Elstro, Brookbank, Hankinson, Whitesell, Parker, Williams (6) 35 36 13. Councilmember Morris moved to amend Section 21 "effective date" to 37 provide as follows: This Ordinance shall be in full force and effect 38 April 1, 1986, however, no permit fee shall be required of applicants 39 for alarm system permits if such permits are acquired to April 30, 1986, 40 seconded by Councilmember Lemoine and on unanimous voice vote the motion 41 was carried. 42 43 Councilmember Bodiker asked that persons in the audience be allowed to speak f.r 44 or against the amended ordinance and President Williams stated that the 45 amended ordinance would be held on second reading for the amendments to be 46 inserted into the body of the ordinance. 47 48 Mr. Barden stated that he would not be able to attend the next Council meeting 49 and requested President Williams to hold it for public discussion on December 50 2, 1985. 51 52 Councilmember Morris moved to amend Section 8 to remove the $100.00 registrati.n 53 fee, but the motion died for a lack of a second. 54 55 President Williams announced Amended Ordinance NO. 47-1985 will remain on 56 second reading until December 2, 1985. 57 58 Amended copies can be obtain in the Clerk's Office. 59 60 ORDINANCE NO. 67-1985 61 62 The Clerk read on second reading Ordinance NO. 67-1985 - AN ORDINANCE AMENDINe 63 SECTION 94.03 OF THE RICHMOND CITY CODE AS IT APPLIES TO THE REMOVAL OF WEEDS 64 AND RANK VEGETATION AND PROVIDING FOR A PENALTY IN ADDITION TO COSTS OF REMOVA . 65 2317 Common Council Minutes Cont'd November 4, 1985 PAge 9 1 Mr. Barden examined the Proof of Postin and found it to be in order. 2 Councilmember Hankinson moved to accept and file the Proof of Posting, 3 seconded by Councilmember Bodiker and on unanimous voice vote the motion 4 was carried. 5 6 President Williams announced Ordinance No. 67-1985 was on public hearing. 7 8 Councilmember Parker asked if "not less" in Section 94.03 (d) should be 9 "not more" and Mr. Barden stated it should be more. 10 11 In response to Councilmember Parker, Mr. Barden explained that the ordinance 12 is based on the height of the vegetation and arrangements could probably 13 be made for weather problems. 14 15 Councilmember Parker moved to amend Section 94.03 (D) , lines 6 and 7 to 16 read "not more that fifty (50.00) dollars", seconded by Councilmember 17 Lemoine and on unanimous voice vote the motion was carried. 18 19 Councilmember Hankinson moved for engrossment of Amended Ordinance No. 20 67-1985, seconded by Councilmember Parker and on unanimous voice vote the 21 motion was carried. 22 23 Councilmember Elstro requested the ordinance return on third reading on 24 November 18, 1985. 25 26 ORDINANCE NO. 95-1985 27 28 The Clerk read Ordinance No. 95-1985 on second reading - AN ORDINANCE AMENDING 29 CHAPTER 154 OF THE MUNICIPAL CODE, BEING ORDINANCE NO. 2325-1968, COMMONLY 30 KNOWN AS THE ZONING ORDINANCE OF THE CITY OF RICHMOND,INDIANA, PROVIDING 31 FORTHE REZONING OF THE PROPERTY LCOATED IN THE 3400 BLOCK OF U.S. HIGHWAY 32 27 NORTH FROM C-2 COMMERCIAL DISTRICT TO C-4 GENERAL BUSINESS DISTRICT. 33 34 President Williams announced Ordinance No. 95-1985 was on public hearing. 35 36 There being no comment, Councilmember Elstro moved for engrossment, seconded 37 by Councilmember Hankinson and on unanimous voice vote the motion was carried. 38 • 39 Councilmember Elstro moved to suspend the rules and move Ordinance No. 40 95-1985 to third and final reading and read by title only seconded by 41 Councilmember Brookbank and on unanimous voice vote the motion was carried. 42 43 The Clerk read Ordinance No. 95-1985 on third and final reading by title . 44 only. 45 46 Ordinance No. 95-1985 was adopted on the following call of the roll: 47 48 Ayes: Elstro, Brookbank, Hankinson, Whitesell, Parker, Bodiker, Lemoine, 49 Morris and Williams (9) 50 Nays: None 51 52 ORDINANCE NO. 96-1985 53 54 The Clerk read on second reading Ordinance No. 96-1985 - AN ORDINANCE AMEND G 55 CHAPTER 154 OF THE MUNICIPAL CODE, BEING ORDINANCE NO. 2325-1968, COMMONLY 56 KNOWN AS THE ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA, PROVIDING 57 FOR THE REZONING OF THE PROPERTY LOCATED AT 3432 CHESTER BOULEVARD FROM 58 C-2 COMMERCIAL DISTRICT TO C-4 GENERAL BUSINESS DISTRICT. 59 60 President Williams announced Ordinance No. 96-1985 was on public hearing. 61 62 Hearing no comment, Councilmember Hankinson moved to engrossment of Ordinance 63 No. 96-1985, seconded by Councilmember Brookbank and on unanimous voice 64 vote the motion was carried. 65 238 Common Council Minutes Cont'd November 4, 1985 Page 10 1 Councilmember Morris moved to suspend the rules and move Ordinance No. 96-1985 2 to third and final reading and read by title only, seconded by Councilmember 3 Hankinson and on unanimous voice vote the motion was carried. 4 • 5 The Clerk read Ordinance No. 96-1985 on third and final reading by title only+. 6 7 Ordinance No. 96-1985 was adopted on the following call of the roll: 8 9 Ayes: Elstro, Brookbank, Hankinson, Whitesell, Parker, Bodiker, Lemoine, 10 Morris and Williams (9) 11 Nays: None 12 13 ORDINANCE NO. 97-1985 14 15 The Clerk read on second reading Ordinance No. 97-1985 - AN ORDINANCE AMENDI 16 CHAPTER 154 OF THE MUNICIPAL CODE, BEING ORDINANCE NO. 2325-1968, COMMONLY I OWN 17 AS THE ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA, PROVIDING FOR THE 18 REZONING OF THE PROPERTY LOCATED AT 2020 EAST MAIN STREET, FROM R-3 ONE-TO-EIGHT 19 FAMILY RESIDENCE TO C-2 COMMERCIAL DISTRICT. 20 21 On request of the petitioner, Councilmember Morris moved to strike Ordinance 22 No. 97-1985 from the agenda, seconded by Councilmember Hankinson and on 23 unanimous voice vote the motion was carried. 24 25 ORDINANCES ON THIRD READING 26 27 ORDINANCE NO. 107-1985 28 29 Councilmember Morris moved to suspend the rules and read Ordinance No. 107-1.85 30 by title only, seconded by Councilmember Lemoine and on unanimous voice vote . 31 the motion was carried. 32 33 Councilmember Morris moved to amend Ordinance No. 107-1985 to 5,500.00 in 34 order to create the half time position that funds have already been paid for , 35 Councilmember Hankinson seconded the motion. 36 37 Councilmember Whitesell objected to the amendment stating it throws the 38 entire ordinance out of context. 39 40 Mr. Barden responded to Councilmember Parker by stating if the ordinance if 41 defeated that the Council should act on an ordinance for a half time 42 position. 43 44 Councilmembers Morris and Hankinson withdrew the motion to amend. 45 46 Councilmember Lemoine commented that She-,feel then ordinance if :two fold r. 47 in order to create the salary line and correct the mistake and to also create 48 a full time position. 49 50 There being no further discussion, Ordinance No. 107-1985 was defeated on th- 51 following call of the roll: 52 53 Ayes: Elstro, Whitesell, Bodiker and Lemoine (4) 54 Nays: Brookbank, Hankinson, Parker, Morris and Williams (5) 55 56 TABLED ORDINANCES 57 58 ORDINANCE NO. 15-1985 59 60 Councilmember Bodiker moved to remove Ordinance No. 15-1985 from the table, 61 seconded by Councilmember Elstro and with Councilmember Hankinson voting no the 62 motion was carried. 63 64 Councilmember Bodiker moved to suspend the rules and place Ordinance No. 15- 65 1985 on the agenda on third and final reading, seconded by Councilmember Elstro 239 Common Council Minutes Cont'd November 4, 1985 Page 11 1 and with Councilmembers Hankinson and Whitesell voting no the motion was 2 defeated. 3 4 Ordinance No. 15-1985 will return on third and final reading on November 5 18, 1985. 6 7 ADJOURNMENT 8 9 There being no further business, on a motion duly made, seconded and passed 10 the meeting was adjourned. 11 12 13 Marion Williams, President 14 15 16 ATTEST: 17 Mary Merchanthouse, City Clerk 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 65 240