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HomeMy Public PortalAbout07-01-1985 153 PROCEEDINGS OF THE COMET COUNCIL OF THE CITY OF RICHITD, INDIANA, JULY 1, 1985 1 The Common Council of the City of Richmond, Indiana, met in regular session 2 July 1, 1985 at the hour of 7:30 P.M. in the Council Chambers in said City. 3 President Williams presided with the following members present: 4 Councilmembers: Elstro, Brookbank, Hankinson, Whitesell, Parker, Bodiker, 5 Lemoine and Morris. Absent: None. The following business was had to-wit: 6 7 PLEDGE OF ALLEGIANCE 8 9 SILENT DEVOTIONS 10 11 President Williams commented on the hostage situation and that he was 12 thankful they were on their way hone. 13 14 APPROVAL OFFNIN TES OF?JUNE 17, 1985 15 16 Councilmember Hankinson moved to approve the minutes of the previous meeting 17 as prepared, seconded by Councilmember Brookbank and on unanimous voice 18 vote the motion was carried. 19 20 COMMUNICATIONS FROM THE MAYOR 21 22 Mayor Frank H. Waltermann announced the Rose Festival was in full swing 23 and encouraged all the elected officials to participate along with all 24 citizens of the community. 25 26 REPORT FROM BOARD OF PUBLIC i KS AND SAFETY 27 28 Board President Cathy Maness directed the Council's attention to the 29 response from the Board to TCI on the Notice of Default. 30 31 Councilmember Elstro asked Ms. Maness who was in charge of street trees 32 in the City and Ms. Maness stated the Mayor's Office was taking the list 33 of dead trees. 34 35 President Williams stated there was a problem with dead limbs at 215 South 36 10th Street and Councilmember Hankinson stated reported a problem 37 with the intersection of S.E. Parkway and Henley Road. A tree on a 38 residential property on the N.W. corner is causing a traffic hazard. 39 40 President Williams stated that the railroad crossing at North E and 41 North 8th Streets should be closed or repaired. Mr. Barden told the 42 Council that a new State Law allows the Board of Public Works and 43 Safety to issue a demand notice to fix within thirty (30) days or 44 cause such repairs _to be made arid place-alien on-the railroad. 45 46 A Resolution will be prepared for the Board of Works notifiying the 47 proper railroad company. 48 49 President Williams also asked about the pigeon problem he brought to the 50 attention of the Board earlier and Ms. Maness stated she would find out 51 what has been done. 52 111 53 REPORTS FROM SPECIAL COMMITTEES 54 55 Community Services Committee 56 57 Councilmember Lemoine reported the Community Services Ccmmittcc had met 58 to go over the report prepared by the Lilly Fellow regarding the Human 59 and Environmental Information and Referral Services and they will be 60 meeting again on July 18, 1985 at 12:00 noon to continue discussion and 61 receive more input. 62 63 Committee of the Whole 64 65 Councilmember Lemoine reminded the Council of the budget hearings 154 Common Council Minutes Cont'd July 1, 1985 Page 2 1 in August. All meetings will be at 7:00 P.M. in the Board of Works Room. 2 3 REPORTS FROM STANDING CfITEES 4 5 Reid Hospital 6 • 7 Councilmember Brookbank told the Council that the Board had met on June 24, 8 1985 and had reported on job realignments.and approved a 35,000.00 9 mammeograph. They also heard a report on Alternative Health Delivery 10 Systems. 11 12 Enterprise Zone 13 14 Councilmember Brookbank reported the Urban Enterprise Board would be meeting 15 on July 2, 1985 at 7:00 P.M. 16 17 ORDINANCES 18 19 ORDINANCES ON FIRST READING 20 21 CouncilmeMber Hankinson moved to suspend the rules and read Ordinances No. 22 58, 59, and 60-1985 on first reading by title only, seconded by Councilmenber 23 Elstro and on unanimous voice vote the motion was carried. 24 25 ORDINANCE NO. 58-1985 • 26 27 The Clerk read on first reading by title only Ordinance No. 58-1985 - AN 28 ORDINANCE REPEALING SECTIONS OF THE RICHMOND CITY CODE, CONCERNING THE 29 LICENSING OF DANCE HALLS, DRY CLEANING ESTABLISHMENTS AND COAL DEALERS. 30 31 Councilmember Hankinson asked if this was just to update the Code and Mr. 32 Barden explained that it was to repeal obsolete laws passed in the 1920's 33 and now have adequate State regulations and criminal penalties covering 34 these situations.' 35 36 CouncilmeMber Hankinson moved to suspend the rules and move Ordinance No. 58- 37 1985 to second reading, seconded by CouncilmeMber Parker and on unanimous 38 voice vote the motion was carried. 39 40 The Clerk read on second reading Ordinance No. 58-1985 - AN ORDINANCE 41 REPEALING SECTIONS OF. THE RICHMOND CITY CODE, CONCERNING THE LICENSING 42 OF DANCE HALLS, DRY CLEANING ESTABLISHMENTS AND COAL DEALERS. 43 44 President Williams announced Ordinance No. 58-1985 was on second reading. 45 46 There being no further comment, Councilmember Hankinson moved for engrossment 47 of Ordinance No. 58-1985, seconded by Councilmember Bodiker and on 48 unanimous voice vote the motion was carried. 49 50 Councilmember Whitesell moved to suspend the rules and move Ordinance No. 58- 51 1985 to third and final reading and read by title only, seconded by 52 Councilmember Parker and on unanimous voice vote the motion was carried. 53 54 The Clerk read on third and final reading by title only Ordinance No. 58-1985 - 55 AN ORDINANCE REPEALING SECTIONS OF THE RICHMOND CITY CODE, CONCERNING THE 56 LICENSING OF DANCE HALLS, DRY CLEANING ESTABLISHMENTS AND COAL DEALERS. 57 58 Councilmember Bodiker asked before the final vote if Mr. Barden would 59 explain what was being repealed. 60 6 Mr. Barden stated they are laws that have not been enforced for years dealing 6 with the licensing of dance halls, dry cleaners and coal dealers. He stated 63 these all fall under the control of laws of the State of Indiana such as the 64 State controls the numbers of persons in public places for dances and also • 65 issues license for dry cleaners. 155 Common Council Minutes Cont'd July 1, 1985 Page 3 1 President Williams asked Mr. Barden about persons playing musical 2 instruments very loudly and Mr. Barden stated they should complain to the 3 Police and they will respond. Mr. Barden will also send a letter from his 4 office if the persons making the complaint will give their name. 5 - 6 Ordinance No. 58-1985 was adopted on the following call of the roll : 7 8 Ayes: Elstro, Brookbank, Hankinson, Whitesell, Parker, Bodiker, Lemoine, 9 Morris and Williams (9) 10 Nays: None 11 • 12 ORDINANCE NO. 59-1985 13 14 The Clerk read on first reading by title only Ordinance No. 59-1985 - AN 15 ORDINANCE AMENDING CHAPTER 154 OF THE MUNICIPAL CODE, BEING ORDINANCE NO. 16 2325-1968, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF RICHM , 17 INDIANA PROVIDING FOR THE REZONING OF THE PROPERTY LOCATED AT 800 SOUTH • 18 9TH STREET FROM C-2 COMMUNITY BUSINESS DISTRICT TO C-4 GENERAL BUSINESS 19 DISTRICT. 20 21 President Williams announced Ordinance No. 59-1985 would be assigned to 22 the Plan Commission for public hearing. 23 24 TRANSFER ORDINANCE NO. 60-1985 25 26 The Clerk read on first reading by title only Ordinance No. 60-1985 - AN 27 ORDINANCE TO TRANSFER WITHIN THE GENERAL FUND -PLANNING 28 29 Councilmernber Hankinson moved to suspend the rules and move Ordinance No. 30 60-1985 to second reading, seconded by Councilmember Whitesell and on 31 unanimous voice vote the motion was carried. 32 33 The Clerk read on second reading Ordinance No. 60-1985 - AN ORDINANCE TO 34 TRANSFER WITHIN THE GENERAL FUND - Planning. 35 36 President Williams announced Ordinance No. 60-1985 was on public hearing. 37 38 Councilmember Hankinson asked where the 90.00 was coming from and Ms. 39 Maness stated one of the 3000 accounts. . 40 41 Hearing no further comments, Councilmember Elstro moved for engrossment 42 of Ordinance No. 60-1985, seconded by Councilmember Brookbank and on 43 unanimous voice vote the motion was carried. 44 45 Councilmember Elstro moved to"suspend the rules and move Ordinance No. 46 60-1985 to third and final reading and read by title only, seconded by 47 Councilmember Morris and on unanimous voice vote the motion was carried. 48 49 Transfer Ordinance No. 60-1985 was adopted on the following call of the 50 roll: 51 52 Ayes: Elstro, Brookbank, Hankinson, Whitesell, Parker, Bodiker, Lemoine, 53 Morris and Williams (9) 54 Nays: None 55 56 ORDINANCES ON SECOND READING 57 58 ORDINANCE NO. 44-1984 59 . 60 The Clerk read on second reading Ordinance No. 44-1984 - AN ORDINANCE TO 61 LICENSE TRANSIENT DEALERS. 62 63 Mr. Barden presented an amended version of Ordinance No. 44-1984. The 64 amendments were made per prior recommendations of the Council. 65 C ci[anon Council Minutes Cont'd July 1, 1985 Page 4 1 Councilmember Morris asked what portions has been amended and Mr. Barden 2 stated that it had been basically amended in total including the title. 3 4 Councilmember Whitesell asked regarding the section on inventory of goods an. 5 reporting the wholesale value. Mr. Barden said this was for information onl, 6 and could be striken from the ordinance. Councilmember Whitesell also 7 asked about the bonds required to be posted and Mr. Barden stated it was onl, 8 a minimum cost to obtain the bonds. 9 10 Councilmember Parker asked about auctioneers having to obtain the license an. 11 Mr. Barden indicated it would depend on the purpose of the auction if it 12 would be exempt or not. 13 14 Councilmember Whitesell moved to amend Ordinance No. 44-1984 in its entirety 15 with the exception of of the worts "wholesale cost thereof" in Section 122.1, 16 paragraph (a) , subsection (3) , seconded by Councilmember Hankinson and on 17 unanimous voice vote the motion was carried. 18 19 Councilmember Parker questioned the section requiring the license to be 20 obtained twenty (20) days in advance and Mr. Barden stated that it cannot be 21 waived. He also commented that most of the problem vendors are those 22 setting up in two days and most businesses will have no problem since they 23 call ahead. 24 25 Mr. Barden suggested the Board of Works authorize the posting of signs to the 26 entrances of the city to notify vendors that they must register. 27 28 Mrs. Daniel O'Conner of 211 Linden Court asked if this affects the produce 29 peddlers and was informed that the Farmers Market was exempt, but those 30 setting up on the roadside would be affected. 31 32 There being no further discussion, Councilmember Parker moved for engrossment 33 of Amended Ordinance No. 44-1984, seconded by Councilmember Elstro and on 34 unanimous voice vote the motion was carried. 35 36 Councilmember Hankinson moved to suspend the rules and move Amended Ordinance 37 No. 44-1984 to third and final reading and read by title only, seconded by 38 Councilmember Parker and on unanimous voice vote the motion was carried. 39 40 The Clerk read on third and final reading by title only emended Ordinance No. 41 44-1984 - AN CRDINAMOB TO LICENSE TRANSIENT DEALERS AND ADDING CHAPTER 122 42 TO THE RICHMOND CITY CODE. 43 44 Ordinance No. 44-1984 was adopted on the following call of the roll: 45 46 Ayes: Elstro, Brookbank, Hankinson, Whitesell, Parker, Bodiker, Lemoine, 47 Morris and Williams (9) 48 Nays: None 49 50 ORDINANCE NO. 13-1985 51 52 The Clerk read on second reading Ordinance No. 13-1985 - AN ORDINANCE 53 ESTABLISHING AS A PART OF THE BUILDING CODE OF THE CITY OF RICHMOND, INDIANA, 54 A UNIFORM STANDARD FOR THE SEALING OF VACANT BUILDINGS AND STRUCTURES AND 55 ALSO ESTABLISHING MINIMUM STANDARDS FOR THE CONDITION, REPAIR AND MAINTENAN D 56 OF THE EXTERIOR OF PROPERTY, PREMISES, BUILDINGS AND STRUCTURES. 57 58 President Williams announced Ordinance No. 13-1985 was on public hearing. 59 60 Board of Works President Cathy Maness stated that she would like to see thi n 61 (30) days allowed for compliance before a fine is issued, notices sent by 62 certified mail and the petition within ten (10) days of the notification. 63 64 Mr. Barden responded to Ms. Maness's inquiry regarding hearing being under 65 oath by indicating that would be proper. 157 • Common Council Minutes Cont'd • July 1, 1985 Page 5 • 1 Ms. Maness stressed to the Council that the Board of Works needs the portion 2 of the ordinance dealing with uniform securing of unsafe buildings. 3 4 President Williams asked if the ordinance was aimed at absent landlords 5 and not those on fixed incomes with no ability to conform. Mr. Barden 6 stated the ordinance sets standards and would also include private property 7 owners.. 8 9 President Williams stated he feels the intent of the ordinance should be . 10 spelled out in more detail. 11 12 Mr. Dan Dooley stated the ordinance can focus on either commercial or 13 residential .and renter or owner occupied. He said this ordinance addresses. 14 a lot of minor problems and gives a little leverage to deal with them 15 more quickly.. He stated it is always the procedure to give a period of 16 time to comply with orders and would not object if the Council amends the 17 ordinance to allow a compliance period. 18 • 19 Mr. Dooley told the Council the properties they would mainly be dealing 20 with are those constituting a nuisance or fire hazard and they are working 21 on solutions for persons unable to afford repairs to their properties. 22 He said this is geared toward a standard for exteriors of structures an.d 23 from the number of. complaints received by his office this is a problem. 24 25 Mr. Barden suggested the ordinance be held on second reading for amendments 26 to be presented addressing the major concerns. . 27 28 Councilmember Elstro asked how the ordinance would be enforced and Mr. 29 Dooley explained that they will operate on a complaint basis and deal with. 30 existing problems and have a quicker resolution... 31 32 Councilmember Whitesell stated he concurred with Mr. Barden on holding 33 the ordinance. He stated he would like more public input.. He said there 34 are areas where the residents are trying to keep their homes up and one 35 bad structure is ruining the entire neighborhood and the Council should 36 give Mr. Dooley the tools to work with, but not create hardships. 37 . 38 Councilmember Bodiker asked if it would be possible to approve an ordinance 39 regarding the securing of vacant structures and work out the balance of 40 the ordinance. Mr. Dooley stated that external structure was an important 41 problem and needs a solution. He explained that the law as now written 42 was not effective for minor situations and this ordinance gives the Planning 43 Department the tools needed to control these problems,,and prevent major 44 situations. 45 46 Councilmember Parker proposed the following amendments: 47 48 Section 4 - change the word shall to may. • 49 Section 6 - add the following paragraph: The owner of the property 50 shall be notified in writing stating that the property owner shall 51 have a maximum of thirty (30) days to comply with the standards of 52 maintenance as outlined in this ordinance, after which time if the 53 property owner has not complied, a fine shall be asssessed as provided 54 for in Section 7 of this ordinance: 55 56 Councilmember Parker also suggested someone with historic perspective should 57 be involved in the variance hearing. .58 59 Councilmember Parker moved to adopt the proposed amendments, seconded•by 60 Councilmember Hankinson and on unanimous voice vote the motion was carried. 61 62 Councilmember Morris stated that this Ordinance has been on the agenda since 63 April 1, 1985 and feels the Council should schedule a work session quickly 64 in order that the Planning Department could take advantage of part time 65 help they have available. 1 58 • Common Council Minutes Cont'd July 1, 1985 Page 6 1 Ordinance No. 13-1985 will be held on second reading for possible 2 committee assignment. 3 4 ORDINANCE NO. 15-1985 5 6 The Clerk read:on-second reading Ordinance,No:: 151985 = AN ORDINANCE (. 7 DIRECTING THE RICHMOND- ECONOMIC DEVELOPMENT' COMMISSION: TO REQUIRE CONTRACTO". 8 FOR APPROVED ECONOMIC DEVELOPMENT AND INVESTMENT INCENTIVE PROJECTS TO SET 9 AS A GOAL THE EMPLOYMENT OF WAYNE COUNTY RESIDENTS AND TO PAY PREVAILING 10 WAGES TO ALL WORKERS EMPLOYED ON APPROVED PROJECTS. 11 • 12 Mr. Barden examined the Proof of Publication and found it to be in order. 13 Councilmember Parker moved to accept and file the Proof of Publication, 14 seconded by Councilmember Bodiker and on unanimous voice vote the motion was 15 carried. 16 Councilmember Bodiker moved to amend Section 6.03 to read as follows: 17 18 Section 6.03 - For purposes of determining the prevailing wages to be 19 paid under this Ordinance, determination in accordance with Indiana Sta e 20 and Local Administration 5-16-7-1, shall be controlling. 21 22 Councilmember Elstro seconded the motion to amend Section 6.03. 23 Councilmember Whitesell stated this section had already been amended to 24 include a survey of Richmond wages to determine the prevailing wage. 25 Councilmember Hankinson asked which way best represented Richmond labor. 26 27 Mr. Daniel Miller of the Indiana Department of Labor informed the Council 28 that under the proposed amendment, Chapter 319 of the Acts of 1935 29 requires a meeting to be held before the bidding of the contract with 30 a representative of local labor, a city official and a representative of 31 the Governor's office. This way the prevailing wage can be set so all 32 contractors can bid on even footing and insures all employees will be paid 33 the prevailing wage based on the District they are within. The wage scale 34 is then made a part of the specifications of the job. Mr. Miller 35 further stated he feels the City should protect local labor as well as they 36 have local businesses in the Vendor Ordinance. 37 38 Councilmember Lemoine asked if the Economic Development Commission would 39 be the local city official the way Ordinance 15-1985 is written. 40 41 Mr. Miller stated it would require the wage scale meeting to be set up by 42 the Department of Labor since they are established as experts in surveying 43 prevailing wages and others to be notified of the meeting. 44 45 Councilmember Morris asked Mr. Miller is there were other cities in Indiana 46 with this type of ordinance and Mr. Miller stated he was unfamiliar with 47 that and he was only here to explain the law not be for or against the 48 ordinance. 49 50 Councilmember Morris asked if State appropriated funds could be tied to 51 these stipulations and Mr. Barden explained that the State Prevailing Wage 52 Law was geared toward state funds. 53 54 The amendment to Section 6.03 was passed on the following call of the roil. : 55 111 56 Ayes: Elstro, Brookbank, Whitesell, Parker, Bodiker, Lemoine, Morris and 57 Williams (8) 58 Nays: Hankinson (1) _ 59 60 Councilmember Bodiker moved to amend Section 6.01 as follows: 61 ' 62 On any construction project approved by the Richmond Economic 63 Development Commission or the Community and Economic Development Loan 64 Fund Board and financed in whole of in part by proceeds from the sale 65 of Economic Development Bonds or approved by or financed through any 159 Common Council Minutes Cont'd July 1, 1985 Page 7 1 City Agency, Board, Committee or Commission, pursuant to an Investment 2 Incentive Program, the Economic Development Cotmisison or the • 3 Community and Economic Development Loan Fund Board shall require the 4 contractor to set as a goal the employment of at least 50% of the 5 worker. hours on.a craft-by-craft basis, to be performed by bona fide 111 6 residents of' the City.of Richmond or Wayne County, and the employment 7 of at elast 10% minorities on a craft-by-craft basis. 8 • 9 Councilperson Elstro seconded the motion to amend Section 6.01. 10 11 Councilmember Bodiker explained that this would add the Revolving Loan 12 Fund Board to the Ordinance. 13 • 14 Mt. Ed Brumbaugh stated it would strike out surrounding areas and limit • 15 it to. Wayne County along with the addition of the' Revolving Loan Fund 16 Board. 17 18 The motion to amend Section 6.01 was passed on .a unanimous .voice vote. 19 20 President Williams announced Ordinance No. 15-1985 was on public hearing. 21 • 22 Speaking in favor of the ordinance was Mr. Ed Brumbaugh. Mr. Brumbaugh 23 told the .Council that economic development efforts were vital to'-the 24 community, but the construction industry is overlooked. He said that if 25 we do not support local labor then outside workers are hired that do not 26 support this community at- all. He stated that the building trades depends 27 on the economy since they have no seniority, holidays, sick days, etc. III 28 • 29 Mr. Brumbaugh stated that the average unemployment rate for the building 30 trades in'Wayne County is 50.5% in Wayne County with-a state average of 31 24.6% in 1983. 32 33 Also speaking in favor was Mr. Jim Bryant, President of the Eastern Indiana 34 AFL-CIO Labor Council. Mr. Bryant stated that with' the large number' of 35 unemployed in the community, they will be forced to go elsewhere for work 36 taking their skills and families from this community. 37 38 Also speaking in favor was Mr. Max Duke. Mr. Duke stated he was in support 39 of this ordinance to help stop the high unemployment.' • 40 41 Speaking against was Mr. Stanley Vigran of 227 South 17th Street. Mr. 42 Virgran stated he understands what is trying to be accomplished by the 43 ordinance; but he would .like to see as few barriers as possible in the 44 way of persons asking for the revenue bonds. Mr. Vigran said he believes 45 in competitive bidding and feels fixing the wages would not be fair. 46 Mr. Vigran commented that he feels the -goals of the ordinance are fine, . 47 but that this ordinance could add problems and not solve them. 48 49 Councilmember Bodiker asked what barriers hiring local labor could cause 50 and Mr. Vigran stated that when you bid a job you should get the best price 51 and local contractors should be the low bids. 52 53 Councilmember Bodiker stated that•if the City gives'welfare then persons 54 should not be opposed to help the city. 55 56 Mr. Vigran stated the bonds were not welfare, but very competitive and 57 little things can decide in close competition. 58 59 President Williams stated he has seen contractors cone to the community 60 and not hire local, labor and doesn't see how it can hurt to ask a 61 contractor to hire a percentage 'of local labor with such high 62 unemployment. 63 64 Mr. Vigran stated that an environment should be created to make it easy 65 for businesses to cone to Richmond, build and operate profitably. �6 Common Council Minutes Cont'd _July 1, 1985 Page 8 1 Mr. Brumbaugh informed the Council that from the list of bond issues, it 2 would seem that most of them are for expansion of local businesses, not 3 from those wanting to locate here. 4 5 Councilmember Lemoine asked how the Economic Develoj ent Commission could 6 have assisted in a situation like the Leland where local labor accepted a 7 wage cut and Mr. Brumbaugh explained that that rate was cut to assist the 8 bidder by establishing a lower prevailing wage. 9 10 Being no further comment, Councilmember Bodiker moved for engrossment of 11 Amended Ordinance No. 15-1985, seconded by Councilmember Hankinson and 12 on unanimous voice vote the motion was carried. 13 14 No further action was taken on Ordinance No. 15-1985. 15 16 ORDINANCE NO. 46-1985 17 18 The Clerk read on second reading Ordinance No. 46-1985 - AN ORDINANCE FIXING 19 THE ANNUAL SALARIES OF ALL ELECTII) OFFICERS OF THE CITY OF RICHMOND, INDIANA. 20 21 Mr. Barden examined the Proof of Publication and found it to be in order. 22 Councilmember Parker moved to accept and file the Proof of Publication, 23 seconded by Councilmember Morris and on unanimous voice vote the motion 24 was carried. 25 26 President Williams announced Ordinance No. 46-1985 was on public hearing. 27 28 Councilmember Hankinson stated he would not support this ordinance since 29 everybody knew what the salary was when they ran for office and he felt 30 it was immoral to raise the salaries. 31 32 President Williams stated the laws have changed and now the elected 33 officials must set their own salaries. He said he would support the 34 ordinance, but return his raise to the general fund of the City. 35 36 Councilmember Elstro asked if all raises were three (3) percent and Ms. Maness 37 stated they were. 38 39 There being no further discussion, Councilmanber Hankinson moved for 40 engrossment, seconded by Councilmember Parker and on unanimous voice vote 41 the motion was carried. 42 43 President Williams stated he wanted a line item in the 1986 budget being 44 prepared for the Battered Shelter in the amount of 6,800.00. 45 46 Councilmember Hankinson moved to suspend the rules and move Ordinance No. 47 46-1985 to third and final reading and read by title only, seconded by 48 Councilmember Elstro and on unanimous voice vote the motion was carried. 49 50 The Clerk read on third and final reading Ordinance No. 46-1985 - AN ORDINANCE 51 FIXING THE ANNUAL SALARIES OF ALL ELECTED OFFICERS OF THE CITY OF RICHMOND, 52 INDIANA. 53 54 Ordinance No. 46-1985 was adopted on the following call of the roll: 55 56 Ayes: Elstro, Whitesell, Parker, Lemoine, Morris and Williams (6) 57 Nays: Brookbank, Hankinson and Bodiker (3) 58 59 Councilmember Hankinson moved to allow Ordinances No. 54 and 57-1985 to be 60 read prior to Ordinance No. 53-1985, seconded by Councilmember Elstro and 61 on unanimous voice vote the motion was carried. 62 63 APPROPRIATION ORDINANCE NO. 54-1985 64 65 The Clerk read on second reading Appropriation Ordinance No. 54-1985 - AN • 161 Common Council Minutes Con't July 1, 1985 Page 9 . 1 ORDINANCE TO APPROPRIATE WITHIN THE PUBLIC TRANSIT FUND. 2 3 Mr. Barden examined the Proof of Publication and found it to be in order. 4 Councilmember Hankinson moved to accept and file the Proof of Publication, 5 seconded by Councilmember Parker and on unanimous voice vote the motion 6 was carried. 7 • 8 President Williams announced Ordinance No. 54-1985 was on public hearing. 9 10 Councilmember Whitesell asked to abstain from voting on this Ordinance due 11 to a possible conflict of interest with his employment at Wayne Division: 12 13 Councilmember Bodiker moved to allow Councilmember Whitesell to abstain 14 from voting on Ordinance: No. 54-1985, seconded by Councilmember Lemoine 15 and on a voice vote the motion was carried. 16 17 There being no comment on the ordinance, Councilmember Hankinson moved for 18 engrossment of Ordinance No. 54-1985, seconded by Councilmember Elstro and 19 on a voice vote the motion was carried. 20 21 Councilmember Hankinson moved to suspend. the rules and move Ordinance No. 22 54-1985 to third and final reading and read by title only, seconded by 23 Councilmember Bodiker and on unanimous voice vote the motion was carried. 24 25 The Clerk read on third and final reading,by title only Appropriation 26 Ordinance No. 54-1985 - AN ORDINANCE TO APPROPRIATE WITHIN THE PUBLIC 27 TRANSIT FUND. 28 29 Appropriation Ordinance No. 54-1985 was adopted on the following call of 30 the roll: 31 32 Ayes: Elstro, Brookbank, Hankinson, Parker, Bodiker, Lemoine, Morris and 33 Williams • (8) 34 Abstain: Whitesell (1) 35 36 ORDINANCE NO. 57-1985 37 38 The Clerk read on second reading Ordinance No. 57-1985 - AN ORDINANCE ADOPTING 39 STATE LAW AS IT CONCERNS RABIES CONTROL AND DISPOSAL OF SAID ANIMALS, 40 INCORPORATING THE SAME INTO THE CITY CODE AND AUTHORIZING THE WAYNE COUNTY 41 HEALTH DEPARTMENT, ITS DESIGNATED OFFICERS AND THE RICHMOND POLICE 42 DEPARTMENT TO CARRY OUT THE INTENTS AND PURPOSES OF THAT LAW. 43 44 Mr. Barden examined the Proof of Publication and found it to be in order. 45 Coucilmember Hankinson moved to accept and file the Proof of Publication, 46 seconded by Councilmember Whitesell and on unanimous voice vote the motion • 47 was carried. 48 49 President Williams announced Ordinance No. 57-1985 was on public hearing. 50 51 There being no comment, Councilmember Hankinson moved for engrossment of 52 Ordinance No. 57-1985, seconded by Councilmember Bodiker and on 11/ 53 unanimous voice vote the motion was carried. 54 55 Councilmember Whitesell moved to suspend the rules and move Ordinance No. 56 57-1985 to third and final reading and read by title only, seconded by 57 Councilmember Bodiker and on unanimous voice vote the motion was carried. 58 59 The Clerk read on third and final reading by title only Ordinance No. 57- 60 1985 - AN ORDINANCE ADOPTING STATE LAW AS IT CONCERNS RABIES CONTROL AND 61 DISPOSAL OF RABID ANIMALS, INCORORATING THE SAME INTO THE CITY CODE AND 62 AUTHORIZING THE WAYNE COUNTY HEALTH DEPARTMENT, ITS DESIGNATED OFFICERS 63 AND THE RICHMOND POLICE DEPARTMENT TO CARRY OUT THE INTENTS AND PURPOSES • 64 OF THAT LAW. 65 162 ommon ounce nu es on July 1, 1985 Page 10 l Ordinance No. 57-1985 was adopted on the following call of the roll: 2 3 Ayes: Elstro, Brookbank, Hankinson, Whitesell, Parker, Bodiker, Lemoine, 4 Morris and Williams (9) 5 Nays: None 6 7 ORDINANCE NO. 53-1985 8 9 The Clerk read on second reading Ordinance No. 53-1985 - AN ORDINANCE SETTING 10 TOTAL REGULAR WAGES AND POSITIONS FOR APPOINTED OFFICERS AND EMPLOYEES OF THE 11 CITY OF RICHMOND, INDIANA, EXCIPT FOR MEMBERS OF THE POLICE AND FIRE 12 BARGAINING UNITS FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1986 AND ENDING 13 DECEMBER 31, 1986, APPROVING THE ADDITIONAL COMPENSATION TO CERTAIN APPOINTED 14 OFFICIALS OF THE CITY, OTHER THAN GOVERNMENTAL, WHO PERFORM SERVICES FOR 15 THE CITY, WHICH SERVICES ARE CONNECTED WITH THE OPERATION OF MUNICIPALLY 16 OWNED UTILITY OR FUNCTIONS, ACKNOWLEDGING THE FIVE JOB FAMILIES AND RANKINGS 17 OF THE CITY POSITIONS WITHIN THE FAMILIES PER THE POSITION CLASSIFICATION 18 STUDY AND CLASSIFYING THE POSITIONS IN COMPLIANCE WITH THE FEDERAL FAIR LABOR 19 STANDARD ACT (FLSA) . 20 21 President Williams announced Ordinance No. 53-1985 was on public hearing. 22 23 Councilmember Lemoine reminded the Council that a report had been issued 24 from the Committee of the Whole reconattendations. 25 26 Councilmember Lemoine also stated that there had been an error under the 27 Park Department and moved to amend Ordinance No. 53-1985 by making the 28 General Maintenance Leader at a salary of 15,341.00 and the Maintenance 29 Supervisor at 15,586.00, seconded by Councilmember Morris and on 11/ 30 unanimous voice vote the motion was carried. 31 3.2 Speaking for Ordinance No. 53-1985 was Mayor Frank H. Waltermann. Mayor 33 Waltermann told the Council he would appreciate their cooperation in passing 34 this ordinance tonight as he would be out of the country at the next 35 council meeting. The Mayor informed the Council that the wages being asked 36 for would be the high end of the range and doesn't mean that the employee 37 in that position would be receiving those wages. This would allow some 38 incentive in certain positions for more production. 39 40 The following action was taken by Department on Ordinance No. 53-1985: 41 42 Mayor's Office 43 44 Councilmember Whitesell stated the position of Director of Administrative 45 Services would be over the mid point as set out in the charts at the rate of 46 pay proposed. He stated he endorses the job classifications and feels if 47 a standard was used it should be followed. 48 49 Mayor Waltermann stated this job had been reclassified at the last minute anc. 50 that had changed the classification. 51 52 Mr. Kent Irvin told the Council that this position was in transition and 53 should be re-evaluated and would probably be ranked into the next class. 54 55 Councilmember Morris commented on the discrepencies of ranges of salaries 56 within some of the rankings. She indicated that positions with higher 57 rankings were receiving lower pay and this should be reconsidered. 58 59 Councilmember Bodiker moved to amend the salary of the Director of 60 Administrative Services to 19,080.00, seconded by Councilmember Brookbank 61 and on a call of the roll the motion was carried. 62 63 Ayes: Elstro, Brookbank, Hankinson, Whitesell, Parker, Bodiker, Morris and 64 Williams (8) 65 Nays. Lemoine (1) 163 Common Council Minutes Cont'd July 1, 1985 Page 11 1 Controller's Office 2 3 Mayor Waltermann told the Council that the position of Controller had many 11/ 4 added responsibilities such as the Revolving Loan Fund, Sanitary District 5 billing and changing accounting from cash to accrual. He stated the 6 Deputy Controller would be coordinating computer operations and act as 7 office manager. 8 9 Councilmember Brookbank moved to amend the salary for the position of 10 Controller to 33,920.00, seconded by Councilmember Bodiker and on-the 11 following call of the roll the motion was carried. 12 13 Ayes: Elstro, Brookbank, Hankinson, Parker, and Bodiker . (5) 14 Nays: Whitesell, Lemoine, Morris and Williams (4) 15 16 Councilmember Elstro commented that he preferred a 3% increase across the 17 board or give 500.00 per person. 18 19 Councilmember Bodiker moved to amend the salary for the Deputy Controller • 20 to 19.080.00, seconded by Councilmember Hankinson and on the following call 21 of the roll the motion was carried. 22 23 Ayes: Elstro, Brookbank, Hankinson, Whitesell, Parker, and Bodiker (6) 24 Nays: Lemoine, Morris and Williams (3) • 25 26 Law DeparLnnent 27 111 28 Mr. Barden stated that the position of legal secretary had been jumped up 29 above the mid range of salaries since this is a more technical and 30 demanding job. 31 32 Councilmember Whitesell moved to amend the salary of the Legal Secretary 33 to 13,100.00, seconded by Councilmember Bodiker and on the following call 34 of the roll the motion was carried: 35 Ayes: Elstro, Brookbank, Hankinson, Whitesell, Parker and Bodiker (6) 36 Nays: Lemoine, Morris and Williams (3) 37 38 Public Works 39 40 Mr. Ralph Willis addressed the Council regarding comments by certain staff 41 members of Richmond Power & Light regarding the pay he receives from the 42 utility. He stated that just today he had been asked by RP&L about a 43 curb cut and had spent approximately six (6) hours on this project, 44 proving that he spends more time on requests of RP&L that formerly stated. 45 Mr. Willis indicated he could bill RP&L for his professional services on 46 a per hour basis. 47 48 Councilmember Hankinson stated he did not condone Mr. Willis's conduct in 49 the Council .Chambers during his response. Mayor Walternann stated he would 50 give a written reprimand - _ _"to Mr. Willis regarding his conduct 51 this. evening, but expected 'others to reprimand employees for their -52 conduct in this situation also. 53 54 Councilmember Bodiker moved to amend the salary of the Designer in the 55 Engineering Division of Public Works to 17,273.00, seconded by Councilmember 56 Whitesell and on the following call of the roll the motion was carried. 57 58 Ayes: Elstro, Brookbank, Hankinson, Whitesell, Parker and Bodiker (6) 59 Nays: Lemoine, Morris and Williams (3) 60 61 Councilmember Bodiker moved to amend the salary of Street Commissioner in 62 the Public Works Department to 24,000.00, seconded by Councilmember 63 Hankinson and on the following call of the roll the motion was defeated. 64 65 Ayes: Elstro, Brookbank, Hankinson, and Bodiker (4) 66 Nays: Whitesell, Parker, Lemoine, Morris and Williams (5) 16` ' Common Council Minutes Cont'd July 1, 1985 Page 12 l Mayor Waltermann explained that the increase for the Street Commissioner had 2 been based on added responsibilities for planning, scheduling and cost 3 savings to the tax payer. 4 5 President Williams stated this position was a 24 hour a day 7 day a week 6 job and not comparable with other positions. 7 8 Police Depai huent • 10 Chief Nimitz responded to questions regarding the increase for the position 11 of Majors by informing the Council that those positions have always been low . 12 paid and this salary will bring wages into line with responsibilities. 13 • 14 Fire DeparLuent 15 16 Councilmember Bodiker moved to amend the positions of Assistant Fire Chief 17 and Police Department Majors to 22,646.00, seconded by Councilmember 18 Hankinson and on the following call of the roll the motion was defeated. 19 20 Ayes: Elstro, Hankinson and Bodiker (3) 21 Nays: Brookbank, Whitesell, Parker, Lemoine, Morris and Williams (6) 22 23 Airport 24 25 Councilmember Brookbank moved to amend the salary for the Airport manager to 26 19,582.00, seconded by Councilmember Bodiker and on the follaaing call of the 27 roll the motion was carried.. 28 29 Ayes: Elstro, Brookbank, Hankinson, Parker and Bodiker (5) 30 Nays: Whitesell, Lemoine, Morris and Williams (4) 111 31 • 32 Councilmember Lemoine informed the Council that the responsibilities for this 33 position have drastically increased and will continue to do so with the ILS. 34 She stated you would not be able to find a person with these qualifications 35 for the amount of money being offered for this job. 36 37 Park Department 38 39 Mayor Waltermann explained the expanded job responsibilities of the Park 40 Superindent and the importance of the Park,Department with Economic . 41 Development of the City. 42 43 Park Superintendent Nancy MacCartney told the Council that there were gross 44 inequities within the Park Department in many job classifications and 45 the ordinance as presented will assist in correcting these situations. 46 Other positionswere held to 1.5% increase. She said that under her 47 reorganization of the Department the management positions had a 48 tremendous increase in resonsibility. She stated her Parks Division_ 49 Director was responsible for the maintenance and beautification of 21 park 50 sites with 35 employees under this position. The Recreation Division 51 Director was titled assistant superindent prior and now will assume 52 the responsibility for initiating year around recreational activity. 53 Ms. MacCartney stated there were five (5) full time positions cut from the 54 Park Department. 55 56 Mr. Earl Sharp, President of the Park Board, told the Council that the Park 57 is totally reorganizing and they are a very visible part of the 58 community and need people to get the jobs done to provide the kind of 59 park system wanted by this community. 60 61 Councilmember Morris stated that as Board of Directors of RP&L they give 62 the General Manager authority to spread a 5% increase as he deems 63 appropriate and yet the Council has questioned the ability of the Mayor of 64 • the City to give a 3% increase overall and spread as he deems appropriate. 65 • 165 • Conauon Council Minutes Cont'd July 1, 1985 Page 13 1 Councilmember Bodiker moved to amend the salary of the Parks Division Director 2 to 20,400.00, seconded by Councilmember Elstro and on the following call 3 of the roll the motion was defeated. 4 5 Ayes: Elstro and Bodiker (2) 6 Nays: Brookbank, Hankinson, Whitesell, Parker, Lemoine, Morris and 7 Williams (7) ' 8 9 Councilmember Bodiker moved to amend the salary of the Recreation Division 10 Director to 16,000.00, seconded by Councilmember Elstro and on a call of 11 the roll the motion was defeated. 12 13 Ayes: Elstro and Bodiker (2) 14 Nays: Brookbank, Hankinson, Whitesell, Parker, Lemoine, Morris and 15 Williams (7) 16 17 Councilmember Bodiker moved to amend the salary of the positions of 18 Grccnkeepers to 14,500.00, seconded by Councilmember Elstro and on a call 19 of the roll the motion was defeated. 20 21 Ayes: Elstro and Bodiker (2) 22 Nays: Brookbank, Hankinson, Whitesell, Parker, Lemoine, Morris and 23 Williams (7) 24 25 There being no further discussion, Councilmember Parker moved for engrossment 26 of Amended Ordinance No. 53-1985, seconded by Councilmember Whitesell 27 and on unanimous voice vote the motion was carried. 28 29 Councilmember Hankinson moved to suspend the rules and move Amended 30 Ordinance No. 53-1985 to third and final reading and read by title only, 31 seconded by Councilmember Parker and on unanimous voice vote the motion 32 was carried. 33 34 The Clerk read on third and final reading by title only Amended Ordinance 35 No. 53-1985 - AN ORDINANCE SETTING TOTAL REGULAR WAGES AND POSITIONS FOR 36 APPOINTED OFFICERS AND EMPLOYEES OF THE CITY OF RICHMOND, INDIANA, EXCEPT 37 FOR MEMBERS OF THE POLICE AND FIRE COT,T,RCTIVE BARGAINING UNITS FOR THE 38 FISCAL YEAR BEGINNING JANUARY 1, 1986 AND ENDING DECEMBER 31, 1986, 39 APPROVING THE ADDITIONAL COMPENSATION TO CERTAIN APPOINTED OFFICIALS OF 40 THE CITY, OTHER THAN GOVERNMENTAL, WHO PERFORM SERVICES FOR THE CITY, WHICH 41 SERVICES ARE CONNECTED WITH THE OPERATION OF MUNICIPALLY OWNED UTILITY 42 OR FUNCTIONS, ACKNOWLEDGING THE FIVE JOB FAMILIES AND RANKINGS OF THE CITY 43 POSITIONS WITHIN THE FAMILIES PER THE POSITION CLASSIFICATION STUDY AND. 44 CLASSIFYING THE POSITIONS IN COMPLIANCE WITH THE FEDERAL FAIR LABOR STANDARDS 45 ACT (FLSA) . 46 47 Councilmember Lemoine thanked Mayor Waltermann and the Department Heads 48 ' for their presentation of a good salary ordinance. She stated it takes 49 more guts to freeze positions trying to bring position into line than it 50 does to give across the board increases. 51 52 Amended Ordinance No. 53-1985 was adopted on the following call of the 111 53 roll: 54 55 Ayes: Brookbank, Hankinson, Whitesell, Parker and Williams (5) 56 Nays: Elstro, Bodiker, Lemoine and Morris (4) 57 58 ADJOURNMENT . 59 60 There being no further business on a motion duly made, seconded and passed 61 the meeting was adjourned. 1G/� 62 63 Mar on Williams, President 64 � ' 65 ATTEST: A-A Mary Me han house, City Clerk 166 1 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