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