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HomeMy Public PortalAbout06-03-1985 127 PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA, JUNE 3, 1985 1 The Common Council of the City of Richmond, Indiana, met in regular session 2 June 3, 1985 at the hour of 7:30 P.M. in the Council Chambers in said 3 City. President Williams presided with the following members present: 111 4 Councilmembers Elstro, Brookbank, Hankinson, Whitesell, Bodiker, Lemoine, 5 and Morris. Absent: Parker. The following business was had to-wit: 6 7 PLEDGE OF ALLEGIANCE 8 9 SILENT DEVOTIONS 10 1 APPROVAL OF MINUTES OF MAY 20, 1985 1 13 Councilmember Hankinson moved to approve the minutes of the previous 14 meeting as prepared, seconded by Councilmember Brookbank and on unanimous 15 voice vote the motion was carried. 16 17 COMMUNICATIONS FROM THE MAYOR 1 19 Mayor Frank H. Waltermann reminded people that if they do not take pride 20 in their homes and keep their grass cut, the City will do the job for 2 them at the rate of $25.00 per hour. . 2 . . 23 President Williams complimented Mayor Waltermann on the fine job he has 24 been doing for the citizens of Richmond. 25 26 REPORTS FROM OTHER OFFICES 27 III 28 Human and,Environmental Information and Referral Services 29 30 Mary Merchanthouse informed the Council that the study had been completed 3 regarding the establishment of the Human and Environmental Information 3 and Referral Services and Mr. Steven Meinhaut, the Lilly Fellow preparing 33 the report was in the audience for questions by the Council. Ms. 3 Merchanthouse also told the Council that if they were going to start .35 funding human service agencies such as the request for the Friends of 3d the Battered they should consider allowing this to be done through the 37 Commission proposed to be established for this service. Any funds allowed 38 by the Council for human services and other funding found through the 39+ office could be allotted to the agencies through the Commission under 40 the guidelines of the Council. She stated there would be no administrative 4 funds requested for the establishment of the service and all funds received 42 would be directed to human service programs. Ms. Merchanthouse pointed 43 out that the study completed by Mr. Meinhaut clearly stated the office 4 will not be effective without funding sources. 45, 461 .Councilmember Hankinson requested more time to review the study and digest 47 and asked if Mr. Meinhaut could return at the next Council meeting, which 48 he indicated to the Council that he would do so. Councilmember Hankinson 491 moved to delay any action on the Human and Environmental Information 50 and Referral Services to the meeting of June 17, 1985, seconded by Council- 5 member Elstro and on unanimous voice vote the motion was carried. - 5 11/ 53 REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY 5 55 President Williams requested the Board to investigate the possibility 5 of amending the existing weed control ordiance to make fines include 5 administrative fees and make them stricter than now exist. Mr. .Barden 581 explained that they are now required to give one warning per year and 59+ then can continue to cut the weeds all season and that they can collect 60 the cost involved as a lien against the property owner. Mr. Barden stated 611 they can now use the litter ordinance in many instances to issue a ticket. 6 He told the Council that he would investigate other alternatives if they 63 wished. 6 65 1 8 Common Council Minutes Cont'd June 3, 1985 Page 2 1 REPORTS FROM SPECIAL COMMITTEES 2 3 Committee of the Whole 4 5 Councilmember Lemoine reminded the Council of the town meeting in District 6 Four at Glen Hill School on June 10, 1985 and reqeusted that the minutes 7 of the Committee of the Whole on Ordinance No. 15-1985 be transcribed 8 and presented for approval at the next Council mooting. 9 10 Councilmember Bodiker moved Ordinance No. 15-1985 be removed from the 11 Committee of the Whole and placed on the Council agenda on first reading 12 on June 17, 1985 seconded by Councilmember Hankinson and on unanimous voice 13 vote the motion was carried. 14 15 REPORTS FROM STANDING COMMITTEES 16 17 Enterprise Zone 18 19 Councilmember Brookbank announced that the Urban Enterprise Zone Board would 20 be meeting on June 4, 1985 at 7:30 P.M. with a bus tour of the zone starting 21 at 6:30 P.M. leaving from the City Building parking lot. 22 23 RESOLUTIONS 24 25 Councilmember Morris moved to suspend the' rules and read Resolutions No. 26 8, and 9-1985 by title only, seconded by Councilmember Whitesell and on 27 unanimous voice vote the motion was carried. 28 29 RESOLUTION NO. 8-1985 30 31 The Clerk read by title only Resolution No. 8-1985 - A RESOLUTION OF THE 32 CITY OF RICHMOND, INDIANA TO INDUCE IMPERIAL PRODUCTS, INC. TO ACQUIRE, 33 CONSTRUCT AND EQUIP AN ECONOMIC DEVELOPMENT FACILITY AND TO UNDERTAKE TO 34 SELL REVENUE BONDS TO PAY THE COSTS THEREOF, AND OTHER MATTERS RELATING 35 THERETO. 36 37 Speaking for Resolution No. 8-1985 was Andrew Cecere, 101 South 10th Street, 38 Richmond, Indiana with the law firm of Bowen, Cecere and Horn. Mr. Cecere 39 informed the Council that Mr. Ray Imperial, owner of Imperial Products, 40 Inc. has now found it necessary to build a new facility. Mr. Imperial has 41 two (2) locations and wants to construct a new facility in the Eastern 42 Indiana Industrial Park. The expansion will create six (6) to ten (10) 43 new jobs. The amount of the proposed revenue bonds would be $450,000.00 44 45 Mr. Cecere stated that revenue bonds create no liability for the community 46 regarding consequences of payment or non-payment of the bonds. Mr. Cecere 47 also informed the Council that the Economic Development Commission found 48 at a public hearing that this will not have an adverse competitive affect 49 on similar existing facilities. 5.0 51 There being no further discussion, Councilmember Elstro moved for adoption 52 of Resolution No. 8-1985, seconded by Councilmember Brookbank and on 53 unanimous voice vote, with Councilmember Parker absent, the motion was 54 carried. 55 RESOLUTION NO. 9-1985 56 57 The Clerk read by title only Resolution No. 9-1985 - A RESOLUTION 58 AUTHORIZING THE FILING OF AN APPLICATION WITH THE INDIANA STATE HOUSING 59 BOARD FOR A RENTAL REHABILITATION PROGRAM GRANT FUNDING AND ADOPTING A 60 TENANT ASSISTANCE POLICY 61 62 Speaking for Resolution No. 9-1985 was Mr. Dan Dooley. Mr. Dooley informed 63 the Council that the City had been notified by the Indiana State Housing 64 Board that it was eligible for the Rent Rehabilitation Program which is 65 a direct loan at a low interest rate and provides Section 8 Housing 129 Common Council Minutes Cont'd June 3, 1985 Page 3 1 Vouchers to subsidize payment of rent. The funds from the program would 2 be returned to the Revolving Loan Fund to help the rent rehabilitation 3 efforts on a long term basis. Mr. Dooley stated that the City has had . 111 41 a similar program in the past, but this is the first application with the Indiana State Housing Board. 7 In response to Councilmember Whitesell, Mr. Dooley stated that the amount 9 of funding being asked for is $200,000.00 and it can provide up to $5,000.00 per unit if matched by the property owner. He stated they were looking 1 at forty (40) units and housing vouchers. 1 1 Councilmember Elstro asked if it was restricted to a particular 1 area of town and Mr. Dooley stated that they were looking at census tracs 14 1,2 and 3 corresponding with the Enterprise Zone. 15 1 Councilmember Lemoine asked if there was money available for outside • 1 this area and Mr. Dooley stated that the funds repaid can be used'any- 1 where. Mr. Dooley said they must meet criteria regarding the amount 19 of population below poverty level in order to assist low income persons. 2 Mr. Dooley further informed the Council that these funds would also be 2 used to match a CIP grant to establish the Home Equity Conversion Program. 2 23 There being no further discussion, Councilmember Elstro moved for adoption 2 of Resolution No. 9-1985, seconded by Councilmember Whitesell and on 2 unanimous voice vote the motion was carried. 2 2 ORDINANCES III 2 21 ORDINANCES ON FIRST READING 3 3 Councilmember Lemoine moved to suspend the rules and read Ordinances 3 No. 48, 49, 50, 51 and 52-1985 on first reading by title only, seconded 33 by Councilmember Elstro and on unanimous voice vote the motion was carried. 34 35 ORDINANCE NO. 48-1985 36 37 The clerk read on first reading by title only Ordinance No. 48-1985 - 3 AN ORDINANCE TO TRANSFER WITHIN THE OFF STREET PARKING FUND. 3 4 Councilmember Hankinson stated that he felt the funds requested in this 41 transfer could have been planned for in the regular budget, thereby 42 avoiding a transfer of funds. 43 44 Councilmember Hankinson moved to suspend the rules and move Ordinance 45 No. 48-1985 to second reading, seconded by Councilmember Bodiker and 4d on unanimous voice vote the motion was carried. 4/ The Clerk read Ordinance No. 48-1985 on second reading. 4q President Williams announced Ordinance No. 48-1985 was on public hearing. 49 5 There being no public comment, Councilmember Hankinson moved for engrossment 5 of Ordinance No. 48-1985, seconded by Councilmember Bodiker and on unanimous 5 voice vote the motion was carried. 53 5 Councilmember Hankinson moved to suspend the rules and move Ordinance 5 No. 48-1985 to third and final reading and read by title only, seconded 5 by Councilmember Whitesell and on unanimous voice vote the motion was 51 carried. 5 59 The Clerk read on third and final reading by title only Ordinance No. 6 48-1985 - AN ORDINANCE TO TRANSFER WITHIN THE OFF STREET PARKING FUND. 6 6 Transfer Ordinance No. 48-1985 was adopted on the following call of the 6 roll: 6 6 Ayes: Elstro, Brookbank, Hankinson, Whitesell, Bodiker, Lemoine, Morris 1= 0 Common Council Minutes Cont'd June 3, 1985 Page 4 1 and Williams (8) 2 ' Nays: None 3 Absent: Parker (1) 4 5 ORDINANCE NO. 49-1985 6 • 7 The Clerk read on first reading by title only Ordinance No. 49-1985 - AN 8 ORDINANCE TO TRANSFER WITHIN THE AIRPORT FUND. 9 10 Councilmember Hankinson stated that he felt this could also have been includ••. 11 in the regular budget avoiding a transfer and Councilmember Lemoine stated 12 that the Airport is not always able to judge fuel sales and the tax needs 13 to be increased accordingly. 14 15 Councilmember Hankinson moved to suspend the rules and move Ordinance No. 16 49-1985 to second reading, seconded by Councilmember Bodiker and on unanimou. 17 voice vote the motion was carried. 18 19 The Clerk read on second reading Ordinance No. 49-1985 - AN ORDINANCE TO 20 TRANSFER WITHIN THE AIRPORT FUND. 21 22 President Williams announced Ordinance No. 49-1985 was on public hearing. 23 24 There being no public comment, Councilmember Hankinson moved for engrossment'' 25 of Ordinance No. 49-1985, seconded by Councilmember Whitesell and on 26 unanimous voice vote the motion was carried. 27 28 Councilmember Lemoine moved to suspend the rules and move Ordinance No. 29 49-1985 to third and final reading and read by title only, seconded by 30 Councilmember Brookbank and on unanimous voice vote the motion was carried. 31 32 The Clerk read on third and final reading by title only Ordinance No. 49-198' - 33 • AN ORDINANCE TO TRANSFER WITHIN THE AIRPORT FUND. 34 35 Transfer Ordinance No. 49-1985 was adopted on the following call of the 36 roll: 37 38 Ayes: Elstro, Brookbank, Hankinson, Whitesell, Bodiker, Lemoine, Morris 39 and Williams (8) 40 Nays: None 41 Absent: Parker (1) 42 43 ORDINANCE NO. 50-1985 44 45 The Clerk read on first reading by title only Ordinance No. 50-1985 - AN 46 ORDIANCE AUTHORIZING THE CITY OF RICHMOND TO ISSUE ITS "ECONOMIC DEVELOPMENT 47 REVENUE BONDS, 1985 SERIES A (RICHMOND HOTEL LIMITED PROJCT) " AND ITS 48 ECONOMIC DEVELOPMENT REVENUE BONDS, 1985 SERIES B (RICHMOND HOTEL LIMITED 49 PROJECT) " AND APPROVING OTHER ACTIONS IN RESPECT THERETO. 50 51 Councilmember Hankinson moved to suspend the rules and move Ordinance No. 52 50-1985 to second reading, seconded by Councilmember Whitesell and on 53 unanimous voice vote the motion was carried. 54 55 The Clerk read on second reading Ordinance No. 50-1985 - AN ORDINANCE 56 AUTHORIZING THE CITY OF RICHMOND TO ISSUE ITS "ECONOMIC DEVELOPMENT REVENUE 57 BONDS, 1985 SERIES A (RICHMOND HOTEL LIMITED PROJECT) " AND ITS "ECONOMIC 58 DEVELOPMENT REVENUE BONDS 1985 SERIES B (RICHMOND HOTEL LIMITED PROJECT) " 59 AND APPROVING OTHER ACTIONS IN RESPECT THERETO. 60 61 President Williams announced Ordinance No. 50-1985 was on public hearing. 62 63 Speaking for Ordinance No. 50-1985 was Attorney Andrew Cecere, 101 South 64 10th Strcct, Richmond,Indiana. Mr. Cecere stated that he would not make 65 a lengthy description of the project since much prior description and media .31 Common Council Minutes Cont'd June 3, 1985 Page 5 1 coverage has been given. 2 3 Mr. Cecere informed the Council that Richmond Hotel Limited Project 4 will undertake to sell revenue bonds in the amount of $3,500,000.00 5 in two (2) classes. Contracts have been let for the start of the work. 6 Mr. Cecere stated that the bonds cause no liability against the citizens 7 of Richmond, but the property will be on the tax duplicate to expand 8 the tax base for the City. Mr. Cecere said that the community owned 9 a debt of gratitude to Mr. Robert Gabbard for his committment to the 10 project. Mr. Cecere also stated that Mr. Gabbard has made a cammittment 11 with a local contractor for the project. 12 13 Councilmember Hankinson asked the advantage of revenue bonds over 14 conventional financing. 15 16 Mr. Cecere explained that these were tax free to the purchaser and therefor: 17 could be sold at a lower interest rate than prime rate. 18 19 Also speaking for Ordinance No. 50-1985 was Mr. Benjamin Ramsey representin• 20 Plumbers and Steamfitters Local 661. Mr. Ramsey stated that he represents 21 350 members of the local and thay have been located in East Central 22 Indiana since. 1914. Mr. Ramsey indicated that the unemployment rate 23 is high among the plumbers and steamfitters and he if pleased with the 24 Leland Project on go and with the pledge to use local labor and that 25 he supports the project and the bond issue. 26 27 Mr. Gabbard informed the Council that he had called on the general 28 contractor to convey his concern with using local labor. 29 30 There being no further discussion, Councilmember Elstro moved for engrossm- t 31 of Ordinance No. 50-1985, seconded by Councilmember Whitesell and on 32 unanimous voice vote the motion was carried. 33 34 Councilmember Elstro moved to suspend the rules and move Ordinance No. 35 50-1985 to third and final reading and read by title only, seconded 36 by Councilmember Whitesell and on unanimous voice vote the motion was 37 carried. 38 39 The Clerk read on third and final reading by title only Ordinance No. 40 50-1985 - AN ORDINANCE AUTHORIZING THE CITY OF RICHMOND TO ISSUE ITS 41 "ECONOMIC DEVELOPMENT REVENUE BONDS, 1985 SERIES A (RICHMOND HOTEL LIMITED 42 PROJECT) " AND ITS "ECONOMIC DEVELOPMENT REVENUE BONDS, 1985 SERIES B 43 (RICHMOND HOTEL LIMITED PROJECT) " AND APPROVING OTHER ACTIONS IN RESPECT 44 THERETO. 45 46 Ordinance No. 50-1985 was adopted on the following vote: 47 48 Ayes: Elstro, Brookbank, Whitesell, Bodiker, Lemoine, Morris and Williams 49 (7) 50 Nays: Hankinson (1) 51 Absent: Parker (1) 52 53 ORDINANCE NO. 51-1985 54 55 The Clerk read on first reading by title only Ordinance No. 51-1985 - 56 AN ORDINANCE TO TRANSFER WITHIN THE GENERAL FUND. 57 58 Councilmember Hankinson moved to suspend the rules and move Ordinance 59 No. 51-1985 to second reading, seconded by Councilmember Whitesell and 60 on unanimous voice vote the motion was carried. 61 62 President Williams announced Ordinance No. 51-1985 was on public hearing. 63 64 Speaking for Ordinance No. 51-1985 was Ken Barden. Mr. Barden informed 65 the Council that the transfer was to cover the unemployment of the prior 132 Common Council Minutes Cont'd June 3, 1985 Page 6 1 City Attorney. He stated that the case was on appeal last year and the 2 funds were not included in the current budget. Mr. Barden said that the 3 Indiana Administrative Code does not consider private practice as 4 employment and therefore he is entitled to unemployment. 5 6 Councilmember Whitesell asked if Mr. Barden intended to carry the case 7 further and Mr. Barden stated that the cost of appealing outweighs the cost 8 of paying the unemployment. 9 10 In response to Councilmember Bodiker, Mr. Barden stated that the prior 11 city attorney, even though part time, worked enough time to be eligible 12 for unemployment. 13 14 There being no further discussion, Councilmember Hankinson moved for 15 engrossment of Ordinance No. 51-1985, seconded by Councilmember Elstro 16 and on unanimous voice vote the motion was carried. 17 18 Councilmember Elstro moved to suspend the rules and move Ordinance No. 19 51-1985 to third and final reading and read by title only, seconded by 20 Councilmember Morris and on unanimous voice vote the motion was carried. 21 22 The Clerk read on third and final reading by title only Ordinance No. 51- 23 1985 - AN ORDINANCE TO TRANSFER WITHIN THE GENERAL FUND. 24 25 Transfer Ordinance No. 51-1985 was adopted on the following vote: 26 27 Ayes: Hankinson, Whitesell, Lemoine, Morris and Williams (5) 28 Nays: Elstro, Brookbank, and Bodiker (3) 29 Absent: Parker 30 11/ 31 ORDINANCE NO. 52-1985 32 33 The Clerk read on first reading by title only Ordinance No. 52-1985 - AN 34 ORDINANCE TO APPROVE A TRANSFER FROM THE CASH RESERVE FUND OF RICHMOND POWER 35 AND LIGHT TO THE GENERAL FUND OF THE CITY OF RICHMOND, INDIANA. 36 37 Councilmember Hankinson moved to suspend the rules and move Ordinance No. 38 52-1985 to second reading, seconded by Councilmember Elstro and on 39 unanimous voice vote the motion was carried. 40 41 The Clerk read on second reading Ordinance No. 52-1985 - AN ORDINANCE TO 42 APPROVE A TRANSFER FROM THE CASH RESERVE FUND OF RICHMOND POWER AND LIGHT 43 TO THE GENERAL FUND OF THE CITY OF RICHMOND, INDIANA. 44 45 President Williams announced Ordinance No. 52-1985 was on public hearing. 46 47 Mr. Barden explained to the Council that the Ordinance accepts by Council 48 the funds transfered by the Richmond Power & Light Board of Directors to 49 the City of Richmond Department of Economic Development. 50 51 Councilmember Hankinson moved for engrossment of Ordinance No. 52-1985, 52 seconded by Councilmember Brookbank and on unanimous voice vote the motion 53 was carried. 54 55 Councilmember Morris moved to suspend the rules and move Ordinance No. 56 52-1985 to third and final reading and read by title only, seconded by 57 Councilmember Hankinson and on unanimous voice vote the motion was carried. 58 59 The Clerk read on third and final reading by title only Ordinance No. 52- 60 1985 - AN ORDINANCE TO APPROVE A TRANSFER FROM THE CASH RESERVE FUND OF 61 RICHMOND POWER AND LIGHT TO THE GENERAL FUND OF THE CITY OF RICHMOND, INDIANA. 62 63 Transfer Ordinance No. 52-1985 was adopted on the following vote: 64 65 Ayes: Elstro, Brookbank, Hankinson, Whitesell, Bodiker, Lemoine, Morris 133 Common Council Minutes Cont'd June 3, 1985 Page 7 1 and Williams (8) 2 Nays: None 3 Absent: Parker (1) 4 5 ORDINANCES ON SECOND READING 6 7 ORDINANCE NO. 44-1984 8 9 The Clerk read on second reading Ordinance No. 44-1984 - AN ORDINANCE 10 TO LICENSE TRANSIENT DEALERS. 11 12 Mr. Barden examined the Proof of Posting and found it to be in order. 13 Councilmember Hankinson moved to accept and file the Proof of Posting, 14 seconded by Councilmember Whitesell and on unanimous voice vote the motion 15 was carried. 16 17 President Williams announced Ordinance No. 44-1984 was on public hearing. 18 19 Mr. Barden explained to the Council that he has no written changes in 20 the packet, but that he will reduce them to writing for the next meeting. 21 He explained he will be proposing amendments to exempt all non-profit 22 agencies, allow sales on public property with approval of Board of Works 23 and Park Board, reduce permit fees, ask written authority of property 24 owner to sell on property and fine for violations. 25 26 Gertrude Ward, P.O. Box 14, Centerville, In. asked if groups like Historic 27 Richmond would be exempted for special events and Mr. Barden stated they 28 woudl be exempt. 29 30 Speaking against Ordinance No. 44-1984 was Mr. David Dolin of 806 North 31 H Street. Mr. Dolin stated the ordinance is very vague and illusive 32 and you could be considered a dealer if you sold a car from your home. 33 34 Mr. Barden stated this would fall under the property owner exemption. 35 36 Also speaking was Mr. Dean Fleenor or 3091 Woodgate Way. Mr. Fleenor 37 is the President of the Board of Directors of the Rose Festival asked 38 how the ordinance would affect the Rose Festival and was informed that 39 they would fall under the non-profit exemption and also under the 40 jurisdiction of the Board of Works and Park Board for use of public 41 property for sales. 42 43 Councilmember Lemoine moved that Mr. Barden furnish the Council with 44 the amendments and the Ordinance remain on second reading, seconded by 45 Councilmember Morris and on unanimous voice vote the motion was carried. 46 47 ORDINANCE NO. 145-1984 48 49 The Clerk read on second reading Ordinance No. 145-1984 - AN ORDINANCE 50 REGULATING AND LICENSING THE KEEPING OF DOGS; PROVIDING FOR THE TAKING 51 UP AND IMPOUNDMENT OF DOGS AND OTHER ANIMALS; QUARANTINING AND DESTRUCTION 52 OF ANIMALS; PROHIBITING CERTAIN ANIMALS WITHIN THE CITY OF RICHMOND, 53 INDIANA; AND PENALTIS FOR THE VIOLATIONS THEREOF. 54 55 Mr. Barden examined the Proof of Posting and found it to be in order. 56 Councilmember Hankinson moved to accept and file the Proof of Posting, 57 seconded by Councilmember Elstro and on unanimous voice vote the motion 58 was carried. 59 60 Councilmember Hankinson questioned the legality of Section 11 regarding 61 investigation and Mr. Barden stated that they are bound to search and 62 seizure and in not every case a search warrant is required. 63 64 Mr. Barden stated that he wanted direction from the Council as to the 65 disposition of this Ordinance and recommended the following changes: 1 34 Common Council Minutes Cont'd June 3, 1985 Page 8 1 1. Grace period for new residents, 2. Vets are unable to issue license, 2 3. Reword section on inpoundment to reflect the State Statute, 4. Delete 3 rabies control section and reference State Law, 5. Delete animals 4 prohibited section, and 6. Reference State Law regarding enforcement 11/ 5 procedures. 6 7 Councilmemeber Hankinson stated that the three (3) days referenced in Section 8 5 to five (5) days. Councilmember Hankinson also asked how contact with 9 owners of animals were made after impoundment. 10 11 Mr. Richard Longer told the Council if the animal is tagged they will follow 12 up and that notices are also posted in the Police Department. 13 14 Attorney George Sowers, 111 South 7th Street, asked about the deletion of 15 Section 10 regarding prohibited animals. Mr. Barden that this section will 16 be deleted and there is adequate remedy by private citizens to initiate 17 nuisance law suits and also the zoning restrictions are still applicable. 18 19 Also speaking was Kathy Haley, 620 S.W. 17th Street, Richmond, Indiana. 20 Ms. Haley requested the ordinance include cats. Mr. Don Miller of 1100 South 21 24th street also agreed with the control of cats. 22 23 Councilmember Morris stated that she had received many comments on cats and 24 asked if there was a remedy. Mr. Barden stated that State Law refers to dogs 25 rather than cats and he cannot realistically see enforcing an ordinance 26 against cats. 27 28 Mr. P.E. Walter of 2215 North E Street stated they should delete portions 29 of the ordinance not enforceable in order not to enact laws that cannot be 30 enforced. 31 32 Mr. Barden stated that this was not adding additional laws, but bringing 33 the City into compliance with State Law. 34 35 Esther Kellner of 2245 South B Street commented on the rabies control 36 section and the fact that sometimes injured animals are suspected of having 37 rabies because of their strange behavior. She also commented on children 38 and adults molesting animals. 39 40 Councilmember Whitesell stated that many of the considerations are just those 41 of being good neighbors and these are impossible to enforce. 42 43 Councilmember Hankinson moved to hold Ordinance No. 145-1984 on second reading, 44 seconded by Councilmember Whitesell and on unanimous voice vote the motion 45 was carried. 46 47 ORDINANCE NO. 11-1985 48 49 The Clerk read on second reading Ordinance No. 11-1985 - AN ORDINANCE REPEALING 50 ORDINANCE NO. 10-1982 AND ADOPTING BY REFERENCE, AS A PART OF THE BUILDING 5 CODE OF THE CITY OF RICHMOND, INDIANA, RULES AND REGULATIONS GOVERNING THE 5 CONSTRUCTION AND ALTERATION OF BUILDINGS AND STRUCTURES. 53 5 President Williams announced Ordinance No. 11-1985 was on public hearing. 55, 56' Dan Dooley informed the Council that the ordinance brought the City into 57 compliance with state law. 58, 59: There being no further discussion, Councilmember Hankinson moved for engross- 6 1 ment of Ordinance No. 11-1985, seconded by Councilmember Brookbank and on 6 unanimous voice vote the motion was carried. 6 63 Councilmember Morris moved to suspend the rules and move Ordinance No. 11-1985 6 to third and final reading and read by title only, seconded by Councilmember 6 Hankinson and on unanimous voice vote the motion was carried. 35 Common Council Minutes Cont'd June 3, 1985 Page 9 The Clerk read on third and final reading by title only Ordinance No. 2 11-1985 - AN ORDINANCE REPEALILNG ORDINANCE NO. 10-1982 AND ADOPTING 3 BY REFERENCE, AS A PART OF THE BUILDING CODE OF THE CITY OF RICHMOND, 4 INDIANA, RULES AND REGULATIONS GOVERNING THE CONSTRUCTION AND ALTERATION 5 OF BUILDINGS AND STRUCTURES. 6 7 Ordinance No. 11-1985 was 'adopted on the following vote: 8 9 Ayes: Elstro, Brookbank, Hankinson, Whitesell, Bodiker, Lemoine, Morris 10 and Williams (8) 11 Nays: None 12 Absent: Parker 13 14 ORDINANCE NO. 12-1985 15 16 The Clerk read on second reading Ordinance No. 12-1985 - AN ORDINANCE 17 REPEALING ORDINANCE NO. 100-1979 AND ALL AMENDMENTS THERETO AND ADOPTING 18 A NEW ORDINANCE FOR THE ENFORCEMENT OF BUILDING STANDARDS PROVIDING FOR 19 THE INSPECITON, REPAIR OR REMOVAL OF UNSAFE BUILDINGS WITHIN THE CITY 20 OF RICHMOND, INDIANA. 21 22 President Williams announced Ordinance No. 12-1985 was on public hearing. 23 24 Dan Dooley explained that this ordinance was also to bring the City into 25 compliance with State Law. 26 27 Councilmember Brookbank moved to amend Ordinance No. 12-1985 per Mr. 28 Dooley's recommendation by deleting Section 98.09, renumbering the 29 remaining sections and reference I.C. 36-7-9-4 instead of 37-7-9-4, seconded 30 by Councilmember Whitesell and on unanimous voice vote the motion was 31 carried. 32 33 Speaking on Ordinance No. 12-1985 was Gertrude Ward. Ms. Ward asked 34 that the City not lose historic perspective and give persons a chance 35 to renovate historic structures before demolishing them. President 36 Williams stated that the ordinance requires a certain percentage of support 37 be gone from the structure and it would have to be in bad shape before 38 being demolished. 39 40 Councilmember Hankinson moved for engrossment of Amended Ordinance No. 41 12-1985, seconded by Councilmember Brookbank and on unanimous voice vote 42 the motion was carried. 43 44 Councilmember Elstro moved to suspend the rules and read Amended Ordinance 45 No. 12-1985 on third and final reading by title only, seconded by 46 Councilmember Whitesell and on unanimous voice vote the motion was carried. 47 48 The Clerk read on third and final reading by title only Amended Ordinance 49 No. 12-1985 - AN ORDINANCE REPEALING ORDINANCE NO. 100-1979 AND ALL 50 AMENDMENTS THERETO AND ADOPTING A NEW ORDINANCE FOR THE ENFORCEMENT OF 51 BUILDING STANDARDS PROVIDING FOR THE INSPECTION, REPAIR OR REMOVAL 52 OF UNSAFE BUILDINGS WITHIN THE CITY OF RICHMOND, INDIANA. 53 54 Amended Ordinance No. 12-1985 was adopted on the following vote: 55 56 Ayes: Elstro, Brookbank, Hankinson, Whitesell, Bodiker, Lemoine, Morris 57 and Williams (8) 58 Nays: None 59 Absent: Parker (1) 60 61 ORDINANCE NO. 13-1985 62 63 The Clerk read on second reading Ordinance No. 13-1985 - AN ORDINANCE 64 ESTABLISHING AS A PART OF THE BUILDING CODE OF THE CITY OF RICHMOND, 65 INDIANA, A UNIFORM STANDARD FORTHE SEALING OF VACANT BUILDINGS AND STRUCTURES 36 Cuwuton Council Minutes Cont'd June 3, 1985 Page 10 1 AND ALSO ESTABLISHING MINIMUM STANDARDS FOR THE CONDITION, REPAIR AND 2 MAINTENANCE OF THE EXTERIOR OF PROPERTY, PREMISES, BUILDINGS AND STRUCTURES. 3 4 Councilmember Morris moved to hold Ordinance No. 13-1985 on second reading 5 for amendments and presentation by the Planning DepaLLment, seconded by 6 Councilmember Bodiker and on unanimous voice vote the motion was carried. 7 8 ORDINANCE NO. 42-1985 9 10 The Clerk read on second reading Ordinance No. 42-1985 - AN ORDINANCE AMENDING 11 CHAPTER 154 OF THE MUNICIPAL CODE, BEING ORDINANCE NO. 2325-1968, COMMONLY 12 KNOWN AS THE ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA, PROVIDING 13 FOR THE REZONING OF PROPERTY LOCATED AT 1212 SOUTH 21ST STREET FROM R-2 SINCThf 14 FAMILY RESIDENCE DISTRICT TO R-2 SU SINGLE FAMILY RESIDENCE SPECIAL USE 15 DISTRICT TO R-2 SU SINGLE FAMILY RESIDENCE SPECIAL USE DISTRICT AND 16 AUTHORIZING THE SPECIAL USE OF SAID PROPERTY TO PERMIT THE PLACEMENT OF A 17 MANUFACTURED HOME. 18 19 President Williams announced the Plan Commission voted 9 to 0 in favor 20 of this rezoning. He also stated the Ordinance was on public hearing. 21 22 There being no comment, Councilmember Hankinson moved for engrossment of 23 Ordinance No. 42-1985, seconded by Councilmember Whitesell and on unanimous 24 voice vote the motion was carried. 25 26 Councilmemer Hankinson moved to suspend the rules and move Ordinance No. 27 42-1985 to third and final reading and read by title only, seconded 28 by Councilmember Whitesell and on unanimous voice vote the motion was carries. 29 30 The Clerk read on third and final reading by title only Ordinance No. 42-198" - 31 AN ORDINANCE AMENDING CHAPTER 154 OF THE MUNICIPAL CODE, BEING ORDINANCE NO. 32 2325-1968, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF RICHMOND, 33 INDIANA, PROVIDING FOR THE REZONING OF PROPERTY LOCATED AT 1212 SOUTH 21ST 34 STREET FROM R-2 SINC;T,F FAMILY RESIDENCE DISTRICT TO R-2 SU SINGLE FAMILY 35 RESIDENCE SPECIAL USE DISTRICT AND AUTHORIZING THE SPECIAL USE OF SAID 36 PROPERTY TO PERMIT THE PLACEMENT OFA MANUFACTURED HOME. 37 38 Ordinance No. 42-1985 was adopted on the following vote: 39 40 Ayes: Elstro, Brookbank, Hankinson, Whitesell, Bodiker, Lemoine, Morris 41 and Williams (8) 42 Nays: None 43 Absent: Parker (1) 44 45 APPROPRIATI(X ORDINANCE NO. 43-1985 46 47 Mr. Barden examined the Proof of Publication and found it to be in order. 48 Councilmember Whitesell moved to accept and file the Proof of Publication, 49 seconded by Councilmember Morris and on unanimous voice vote the motion was 50 carried. 51 52 President Williams announced Ordinance No. 43-1985 was on public -hearing. 53 54 There being no public discussion, Councilmember Elstro moved for 55 engrossment of Ordinance No. 43-1985, seconded by Councilmember Brookbank 56 and on unanimous voice vote the motion was carried. 57 58 Councilmember Elstro moved to suspend the rules and move Ordinance No. 43-19:5 59 to third and final reading and read by title only, seconded by Councilmember 60 Whitesell and on unanimous voice vote the motion was carried. 61 62 The Clerk read on third and final reading by title only Appropriation 63 Ordinance No. 43-1985 - AN ORDINANCE TO APPROPRIATE WITHIN THE GENERAL 64 FUND. 65 137 • Common Council Minutes Cont`d June 3, 1985 Page 11 1 Appropriation Ordinance No. 43-1985 was adopted on the follaaing vote: 2 3 Ayes: Elstro, Brookbank, Hankinson, Whitesell, Bodiker, Lemoine, Morris 4 and Williams (8) 5 Nays: None 6 Absent: Parker 7 8 APPROPRIATION ORDINANCE NO. 44-1985 9 10 The Clerk read on second reading Appropriation Ordinance No. 44-1985 - 11 AN ORDINANCE TO APPROPRIATE WITHIN THE GENERAL FUND. 12 13 Mr. Barden examined the Proof of Publication and found it to be in 14 order. Councilmember Hankinson moved to accept and file the Proof 15 of Publication, seconded by Councilmember Brookbank and on unanimous 16 voice vote the motion was carried. 17 18 President Williams announced Ordinance No. 44-1985 was on public hearing. 19 20 There being no public discussion, Councilperson Hankinson moved for 21 engrossment, seconded by Councilmember Whitesell and on unanimous voice 22 vote the motion was carried. 23 24 Councilmember Whitesell moved to suspend the rules and move Ordinance 25 No. 44-1985 to third and final reading and read by title only, seconded 26 by Councilmember Hankinson and on unanimous voice vote the motion was 27 carried. 28 29 The Clerk read on third and final reading by title only Appropriation 30 ' Ordinance No. 44-1985 - AN ORDINANCE TO APPROPRIATE WITHIN STHE GENERAL 31 FUND. 32 • 33 Appropriation Ordinance No. 44-1985 was adopted on the follaaing vote: 34 35 Ayes: Elstro, Brookbank, Hankinson, Whitesell, Bodiker, Lemoine, Morris 36 and Williams (8) 37 Nays: None 38 Absent: Parker (1) 39 40 APPROPRIATION ORDINANCE NO. 45-1985 41 42 The Clerk read on second reading Appropriation Ordinance No. 45-1985 - 43 AN ORDINANCE TO APPROPRIATE WITHIN THE FEDERAL REVENUE SHARING TRUST 44 FUND. 45 • 46 Mr. Barden examined the Proof of Publication and found it to be in 47 order. Mr. Barden also stated the ordinance was advertised to notife 48 disabled persons of availability of assistance to attend the meeting. 49 Councilmember Morris moved to accept and file the Proof of Publication, 50 seconded by Councilmember Brookbank and on unanimous voice vote the 51 motion was carried. • 52 53 President Williams announced Ordinance No. 45-1985 was on public hearing. 54 55 Speaking for Ordinance No. 45-1985 was Nancy MacCartney, Park Superintendent. 56 Also in the audience were Mr. Earl Sharp, Mr. Don Mullin and Mr. Chet 57 Theobald, members of the Richmond Park Board. Ms. MacCartney told 58 the Council that she has reviewed the eleven (11) parks with playground 59 equipment and found the equipment in many instances unsafe and 60 dangerous. She stated that she will be using a portion of the revenue 61 sharing to upgrade the playground equipment and the balance for other 62 equipment needed as previously stated and will cut the amount alloted 63 for the tennis courts in order to pay for the playground equipment. 64 65 Also speaking in support of the ordinance was Police Chief Nimitz to 1L38, Common Council Minutes Cont'd June 3, 1985 Page 12 1 explain the importance of the radio receiver to enhance certain 2 investigations of the DepaLUnent. 3 4 There being no further discussion, Councilperson Bodiker moved for engrossmelt, 5 seconded by Councilmember Whitesell and on unanimous voice vote the motion 6 was carried. 7 8 Councilmember Whitesell moved to suspend the rules and move ordinance No. 9 45-1985 to third and final reading and read by title only, seconded by 10 Councilmember Morris and on unanimous voice vote the motion was carried. 11 12 The Clerk read on third and final reading Appropriation Ordinance No. 45- 13 1985 - AN ORDINANCE TO APPROPRIATE WITHIN THE FEDERAL REVENUE SHARING TRUST 14. FUND. 15 16 Appropriation Ordinance No. 45-1985 was adopted on the following vote: 17 18 Ayes: Elstro, Brookbank, Hankinson, Whitesell, Bodiker, Lemoine, Morris 19 and Williams (8) 20 Nays: None 21 Absent: Parker (1) 22 23 Councilmember Whitesell explained to the public that the lack of discussion 24 held on this ordinance is due to the fact that all requests were 25 submitted prior to the Mayor and the committee to review the revenue sharing 26 requests and the Council is not acting hastily. 27 28 ORDINANCE NO. 47-1985 29 30 The Clerk read on second reading Ordinance No. 47-1985 - AN ORDINANCE TO 31 REGULATE BURGLARY AND ROBBERY ALARM SYSTEMS. 32 33 Mr. Barden examined the Proof of Publication and found it to be in order. 34 Councilmember Morris moved to accept and file the Proof of Publication, 35 seconded by Councilmember Whitesell and on unanimous voice vote the motion 36 was carried. 37 38 Councilmember Morris moved to table Ordinance No. 47-1985 for three months 39 and recomend to the Police Department to set up a trial 40 run to work out the logistics to find out the feasibility and provide the 41 public a chance for input into the ordinance. The motion was seconded by 42 Councilmember Lemoine. 43 44 Councilmember Hankinson also requested the Police DepaLUuent to ascertain 45 the number of locations from which false alarms are coming what the scope 46 of total owners are responsible for the false alarms. 47 48 Officer Dale Sharits informed the Council that the Police Depailauent will 49 work up a form and take the information from the cards kept on calls and 50 will make a notice to mail out to alarm holders. 51 52 Mr. Barden explained that during the trial period they will determine if 53 the Ordinance is needed and will develope a warning card to be sent to 54 alarm owners with false alarms. 55 56 In response to Councilmember Hankinson, Mr. Barden stated the Ordinance 57 was taken from ordinances of other cities that have been confirmed by the 58 Courts. 59 60 Mr. Barden requested all comments on this ordinance be forwarded to the 61 City Attorney in writing and he will make these available to the Council. 62 63 Speaking on Ordinance No. 47-1985 was Analise Conti of Morrison Reeves 64 Library. She asked about the library being a political siihdivision and 65 Mr. Barden stated he would determine the extent of exemption after 139 Common Council Minutes Cont'd June 3, 1985 Page 13 . input from the Council. III Also speaking was Marc Smith, member of the Richmond Police Department. Mr. Smith told the Council of the number of alarms turned in versus the number of false alarms. Councilmemeber Hankinson asked for a determination of who are the violators. 1 Dale Sharits stated that the police are in favor of alarms when they 1 are properly used and maintained and only the abusers need be addressed. 1 He .stated with the manpower shortage in the Department the trial run 1 should show the problem for the Council. 1 1 , Councilmember Hankinson asked why tie down all citizens with alarms if 1 the Police know who the repeated offenders are. 1 1 Councilmember Morris read a letter from Robert Wolfe stating his support 1 for the Ordinance which will be referenced as a part of the minutes of 2 the meeting. 2 2 Police Chief Nimitz told the Council that the Police are bound to answer 2 these alarm calls and that 80 to 85% are false alarms and they are from 2 both businesses and residents. These are both time consuming and costly 2 , to the depai llnent. 2 2 Mr. Robert Rosa asked if the ordinance referred to monitored or individual III 2 systems and Mr. Barden stated that this will have to be decided. 2 ' 3 Speaking against the ordinance was Mr. Fred Bailey of South 21st Street. . 3 Mr. Bailey stated he was against having to purchase a permit and being 3 penalized by the few:with excessive calls. 3 , 3 Also speaking was Mr. Ralph Himelick of Sanders Jewelers. Mr. Himelick 3 stated that those being required to have alarms were being penalized 3 . and that many reasons can cause a false alarm not just neglect. He said 3 that possible it should be placed on the alarm companies to pay a permit 3 ; fee and inform the alarm companies about the false alarms and terminate 3 their permit after so many abuses, thus allowing them to control their 4' customers. He also asked for a determination as to what a false alarm 4 is. 4 4' Also speaking was Mr. Don Miller of 1100 South 24th Street. Mr. Miller 41 stated that with more companies making alarms there will be more trouble 4 in the future and that although he is against a lot of the ordinance 41, he supports the fact that the Police have a problem. 4' 4: Mr. James Maxwell of 155 S.W. 17th asked if there was any particular 4° system causing the trouble. 50 5 Mr. Dave Dolin of 806 North H Street stated he purchased his system to 5i prevent crime and asked why all be penalized when just a few are chronic 5 offenders. 5 5 Councilmember Lemoine called for the vote on the previous motion to table 5° the Ordinance for a trial run. The motion was adopted on a unanimous 5 voice vote. 5: 5° President Williams announced that the public will be notified when the 6o Ordinance returns to Council for action. 6 6' ADJOURN 6. 64 There being no further business on a motion duly made, seconded and passed 6 the meeting was adjourned. 1-4 P . 1DD / ,- Marion Williams, President �c� ATTEST: Mary rc anthouse, City Clerk • 1