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HomeMy Public PortalAbout05-06-1985 . 113 PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF RICHM ND, INDIANA MAY 6, 1985 1 The Common Council of the City of Richmond, Indiana met in regular session May 6, 1985 at the hour of 7:30 P.M. in the Council Chambers in said City. 31 President Pro-tem Lemoine presided with the following members present: III Councilpersons Elstro, Hankinson, Whitesell, Parker and Bodiker. Absent: 1 Brookbank, Morris and Williams. The following business was had to-wit: IPLEDGE OF ALLEGIANCE & 91 SILENT DEVOTIONS 10 111 APPROVAL OF MINUTES OF APRIL 15, 1985 ' 1 13 Councilmember Hankinson moved to approve the minutes of the previous 141 meeting as prepared, seconded by Councilmember Bodiker and on unanimous 1�5JJ11 voice vote'the motion was carried. ld 1REPORT:FR 4 BOARD OF PUBLIC WORKS AND SAFETY •19 Ms. Maness informed the Council that on April 18, 1985 the Board of Works 20 passed a Resolution to be filed with the Public Service Commission 211 regarding the control of the speed of trains within the city limits. The 2 Board will also be opening demolition bids on May 16, 1985 for the 231 property at 16th Street and East Main Street. Bids will also be accepted 21 at this time for the resurfacing of North 10th Street. She also told the 25 Council that the problem on South 10th and llth Street with noise 261 and littering will be monitored the next thirty (30) days to establish a 27 pattern for possible legal action. 28 29� Councilmenber Whitesell asked about the I-70 Lighting and if state funds 30 111 are available. Mr. Barden explained that the state law had been passed 311 regarding the funding, but he does not have a copy yet. He also indicated 3 that the State Highway Commission will work with him on this type of 3 funding. 3 35, Councilmember Whitesell ask if the costs for the interchange lighting 36i could be isolated and Ms. Maness stated that they could be. 31 38 REPORTS FROM SPECIAL COMMITTEES 391 40 Committee of the Whole 4',11 q President Pro-tem Lemoine reminded the Council of the Committee of the 431 Whole dates listed on the agenda and also dates are being listed for 41 budget hearings. 45 40 REPORTS FROM STANDING COMMITTEES 4 • 48 Park Board • 491 50 Councilmember Bodiker stated that the Park Board would be meeting on 511 May 8, 1985 with the new Park Superintendent, Nancy MacCartney. He 52 commented that this was a conflict for him with the I.U. Commencement. 531 54 MISCELLANEOUS BUSINESS 55 56 Martha Jones, Chairman of the Downtown Activities for the Rose Festival 57 gave the Council a run down on all activites in the downtown area this 58 year. She also informed the Council that Opening Day Activities would be 59 on June 27, 1985 at 7:00 P.M. and there will be information booths at 6p, both 6th Street and 9th Street this year. 6',11 . 6 a RESOLUTIONS 63! 61 RESOLUTION NO. 7-1985 65 . IA- Common Council Minutes Cont'd May 6, 1985 Page 2 1 Councilmember Whitesell moved to suspend the rules and read Resolution No. 2 7-1985 by title only, seconded by Councilmember Elstro and on unanimous 3 voice vote the motion was carried. 4 5 The Clerk read by title only Resolution No. 7-1985 - A RESOLUTION 6 AUTHORIZING THE OFFICE OF THE CITY CONTROLLER, ITS EMPLOY1 S AND AGENTS TO 7 MAKE INQUIRIES AND TO ACCEPT LIABILITY ON BEHALF OF PENSION MATTERS 8 INVOLVING THE PUBLIC EMPLOYEES RETIREMENT FUND. 9 10 Mr. Barden explained that the PERF Board required a resolution of the 11 governing body designating a contact for pension matters. 12 13 In response to Councilmember Bodiker, Ms. Maness stated that this covers all 14 city employees covered by PERF. 15 16 Councilmember Elstro moved for adoption of Resolution No. 7-1985, seconded 17, by Councilmember Hankinson and on unanimous voice vote the motion was 18 carried. 19 20 ORDINANCES 21 22 ORDINANCES ON FIRST READING • 23 24 Councilmember Whitesell moved to suspend the rules and read Ordinances No. 25 37, 38, 39, 40 and 41-1985 on first reading by title only, seconded by 26 Councilmember Elstro and on unanimous voice votea the motion was carried. 27 28, APPROPRIATION ORDINANCE NO. 37-1985 29 30 The Clerk read on first reading by title only Appropriation Ordinance No. 31 37-1985 - AN ORDINANCE TO APPROPRIATE WITHIN THE FEDERAL REVENUE SHARING 32 TRUST FUND. 33 34 President Pro-ten Lemoine announced Appropriation Ordinance No. 37-1985 had 35 to be advertised. 36 37 ORDINANCE NO. 38-1985 38 39 The Clerk read on first reading by title only Ordinance No. 38-1985 - AN 40 AMENDMENT TO CHAPTER 54 OF THE MUNICIPAL CODE OF THE CITY OF RICHMOND, 41 INDIANA. 42 43 President Pro-tem Lemoine: announced Ordinance .NO1, 38=1985 ; had:.'to:rbe. advertis-.. 44 45 ORDINANCE NO. 39-1985 46 47 The Clerk read on first reading by title only Ordinance No. 39-1985 - AN 48 ORDINANCE PROHIBITING THE MAINTENANCE OF OPEN CISTERNS, WELLS OR SEPTIC 49 TANKS WITHIN THE CITY OF RICHMOND, PRESCRIBING A PENALTY FOR VIOLATION; AND 50 AUTHORIZING THE CITY TO ORDER CORRECTIVE ACTION. 51' 52 President Pro-ten Lemoine announced Ordinance No. 39-1985 had to be 53 advertised. 54 55 TRANSFER ORDINANCE NO. 40-1985 56 57 The Clerk read on first reading by title only Transfer Ordinance No. 58 40-1985 - AN ORDINANCE TO TRANSFER WITHIN THE FIREMAN'S PENSION FUND 59 60 Councilmember Hankinson moved to suspend the rules and move Transfer 61 Ordinance No. 40-1985 to second reading, seconded by Councilmember Bodiker 62 and on unanimous voice vote the motion was carried. 63 • 64 The Clerk read on second reading Transfer Ordinance No. 40-1985 - AN 65 ORDINANCE TO TRANSFER WITHIN THE FIREMAN'S PENSION FUND. 115 Common Council Minutes Con't May 6, 1985 Page 3 1 President Pro-ten Lemoine announced Transfer Ordinance No. 40-1985 was on 2 public hearing. 3 4 Hearing no comments for or against Transfer Ordinance No. 40-1985, Council- 5 member Hankinson moved for engrossment, seconded by Councilmember 6 Elstro and on unanimous voice vote the motion was carried. 7 8 Councilmember Hankinson moved to suspend the rules and move Transfer 9 Ordinance No. 40-1985 to third and final reading and read by title only, 10 seconded by Councilperson Parker and on unanimous voice vote the motion 11 was carried. 12 13 The Clerk read on third and final reading by title only Transfer Ordinance 14 No. 40-1985 - AN ORDINANCE TO TRANSFER WITHIN THE FIREMAN'S PENSION FUND. 15 16 Transfer Ordinance No. 40-1985 was adopted on the following call of the roll: 17 18 Ayes: Elstro, Hankinson, Whitesell, Parker, Bodiker and Lemoine (6) 19 Nays: None 20 Absent: Brookbank, Morris and Williams (3) 21 22 APPROPRIATION ORDINANCE NO. 41-1985 23 24 The Clerk read on first reading by title only Appropriation Ordinance No. 25 41-1985 - AN ORDINANCE TO APPROPRIATE FROM THE LOCAL ROAD AND STREET FUND. 26 27 President Pro-ten Lemoine announced Appropriation Ordinance No. 41-1985 28 had to be advertised. 29 30 ORDINANCES ON SECOND READING 31 32 ORDINANCE NO. 27-1985 33 34 The Clerk read on second reading Ordinance No. 27-1985 - AN ORDINANCE 35 VACATING THAT PORTION OF SOUTH "Q" STREET RUNNING BETWEEN U.S. HIGHWAY 27 36 SOUTH AND SOUTH 9TH STREET. 37 38 Mr. Barden examined the Proof of Publication and found it to be in order. 39 Councilmember Hankinson moved to accept and file the Proof of Publication, 40 seconded by Councilmember Parker and on unanimous voice vote the motion was 41 carried. 42 43 President Pro-ten Lemoine announced Ordinance No. 27-1985 was on public 44 hearing. 45 46 Councilperson Bodiker stated that the Plan Cuimission had recommended an 47 amendment to Ordinance NO. 27-1985 and moved to accept the amendment, 48 seconded by Councilmember Parker and on unanimous voice vote the motion 49 was carried. 50 51 The amendment to Ordinance No. 27-1985 is to Section 1. and is as follows: 52 53 That subject to the. reservation, without compensation, of a temporary 54 easement in favor of the City of Richmond, Indiana, for adjustment of 55 grade and temporary use in the period of construction as may be 56 reasonably necessary in connection only with rebuilding or revision 57 of bridge and overpass over railroad right-of-way north of the subject 58 vacated street. The easement is to remain in existance for a maximum 59 period of five (5) years, provided that construction is commenced 60 within three (3) years of vacation, otherwise the easement shall run 61 for three (3) years, or until said construction plans are abandoned 62 without construction with Notice of Abandonment given to the vacation 63 petitioner from the City of Richmond, Indiana, whichever occurs first; 64 provided that interference with said vacated street will be as minimal 65 as reasonably possible and for at least a period as reasonably IL 1 6 • • Common Council Minutes COnt'd May 6, 1985 Page 4 1 possible, and that the said vacated street area will be restored after 2 construction to a condition which will cause it to appear and to allow 3 it to be used reasonably for the uses and purposes it was being used 4 for, and was adaptable for, prior to construction. 5 6 Speaking for Amended Ordinance No. 27-1985 was Attorney James Puckett, 2 7 North 8th Street, Richmond, Indiana. Mr. Puckett represented Trinity 8 Broadcasting and told the Council that the street is not being used or 9 maintained and is used as a drive for Trinity Broadcasting. He stated 10 the vacation of the street would be an improvement for the City and that 11 there were no objections to the construction easement and utility easement 12 for the City. 13 14 There being no further comment, Councilmember Hankinson moved for 15 engrossment of Amended Ordinance No. 27-1985, seconded by Councilmember 16 Elstro and on unanimous voice vote the motion was carried. 17 18 Councilmember Elstro moved to suspend the rules and move Amended Ordinance 19 No. 27-1985 to third and final reading and read by title only, seconded by 20 Councilmember Hankinson and on unanimous voice vote the motion was carried. 21 22 The Clerk read on third and final reading by title only, Amended Ordinance 23 No. 27-1985 - AN ORDINANCE VACATING THAT PORTION OF SOUTH "Q" STREET 24 RUNNING BETWEEN U.S. HIGHWAY 27 SOUTH AND SOUTH 9TH STREET. 25 26 Amended Ordinance No. 27-1985 was adopted on the following call of the roll: 27 28 Ayes: Elstro, Hankinson, Whitesell, Parker, Bodiker and Lemoine (6) 29 Nays: None 30 Absent: Brookbank, Morris and Williams 31 32 ORDINANCE NO. 28-1985 • 33 34 The Clerk read on second reading by title only Ordinance No. 28-1985 - AN 35 ORDINANCE AMENDING CHAPTER 154 OF THE MUNICIPAL CODE, BEING ORDINANCE NO. 36 2325-1968, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF RICHMOND, 37 INDIANA, PROVIDING FOR THE REZONING OF PROPERTY LOCATED AT 2906 EAST MAIN 38 STREET FROM R-2 ONE-TO-EIGHT FAMILY RESIDENCE DISTRICT AND R-2 SINGLE 39 FAMILY RESIDENCE DISTRICT TO R-3 SU AND R-2 SU AND PROVIDING FOR THE SPECIAL 40 USE OF SAID PROPERTY AS AN ACCESSORY OFF-STREET PARKING FACILITY. 41 42 Councilmember Bodiker stated that he feels Ordinance No. 28-1985 is an 43 importan t Ordinance and needs the attention of the full council and there 44 are thrcc (3) members of the Council absent tonight. Councilmember 45 Bodiker moved to delay public hearing on Ordinance No. 28-1985 to the 46 meeting of May 20, 1985, seconded by Councilmember Whitesell and on a voice 47 vote with Councilmember Hankinson voting no the motion was carried. 48 49 Ordinance No. 28-1985 will be held on public hearing until May 20, 1985. 50 51 APPROPRIATION ORDINANCE NO. 34-1985 52 53 The Clerk read on second reading Appropriation Ordinance No. 34-1985 - AN 54 ORDINANCE TO APPROPRIATE WITHIN THE GENERAL FUND. 55 56 President Pro-tern Lemoine announced Appropriation Ordinance No. 34-1985 57 was on public hearing. 58 • 59 Councilmember Hankinson asked for an explanation of the appropriation. 60 Mr. Barden explained the appropriation was for litigation fees as set out 61 in a prior executive session. 62 63 Mr : Ba dencexamined- thecProof:of"Pubiiibatibnr_arid.:,.fthund:,it tolbe in order. 64 Councilmember Hankinson moved to accept and file the Proof of Publication, 65 seconded by Councilmember Parker and on unanimous voice vote the motion was 66 carried. 117 • Common Council Minutes Cont'd May 6, 1985 Page 5 1 There being no further discussion, Councilmember Hankinson moved for 2 engrossment of Appropriation Ordinance No. 34-1985, seconded by Council- 3 member Whitesell and on unanimous voice vote the motion was carried. 111 4 5 Councilmenber Whitesell moved to suspend the rules and move Appropriation 6 Ordinance No. 34-1985 to third and final reading and read by title only, 7 seconded by Councilmember Elstro and on unanimous voice vote the motion 8 was carried. 9 10 The Clerk read on third and final reading by title only Appropriation 11 Ordinance No. 34-1985 - AN ORDINANCE TO APPROPRIATE WITHIN THE GENERAL 12 FUND. 13 14 Appropriation Ordinance No. 34-1985 was adopted on the following call of 15 the roll: 16 17 Ayes: Elstro, Hankinson, Whitesell, Parker, Bodiker and Lemoine (6) 18 Nays: None 19 Absent: Brookbank, Morris and Williams (3) 20 21 ORDINANCE NO. 35-1985 22 23 The Clerk read on second reading Ordinance No. 35-1985 - AN ORDINANCE 24 ESTABLISHING A DEPARTMENT OF CENTRAL PURCHASING IN THE ADMINISTRATIVE 25 SERVICE OF THE CITY OF RICHMOND, CREATING THE OFFICE OF CITY PURCHASING 26 DIRECTOR; SETTING FORTH THE POWERS AND DUTIES OF THE CITY PURCHASING 27 DIRECTOR; ESTABLISHING PURCHASING PROCEDURES AND INTERNAL SERVICE FUNDS; 28 AND PRESECIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS. 29 30 Councilmember Bodiker stated that due to the absence of three (3) members 31 of the Council and persons speaking for this Ordinance, he would move 32 to hold the Ordinance on second reading, public hearing until the Council 33 meeting of May 20, 1985, seconded by Councilmember Whitesell and on 34 unanimous voice vote the motion was carried. 35 36 Councilmember Hankinson noted that there were several techincal 37 amendments offered by the City Attorney to the Ordinance and he moved for 38 adoption of those amendments, seconded by Councilmember Elstro and on 39 • unanimous voice vote the motion was carried. 40 41 The adopted amendments are as follows: 42 43 Page 5, Section 10 - insert after the third (3rd) line the following 44 language: 45 46 "the lowest responsible bidder, after due notice inviting proposals, 47 in accordance with Indiana Code I.C. 36-1-9-3. All sales of personal 48 property which have became obsolete and unusable, when the estimated 49 value shall equal or exceed Five Hundred ($500.00) dollars shall be 50 sold by auction, after due notice." 51 • 52 Delete the languare "The first one official newspaper in the city, 53 at least seven (7) days apart and the final notice published at least 54 ten (10) days preceeding the last day set for the receipt of 55 proposals, as provided in I.C. 5-3-1-2." 56 57 Ms. Maness requested the members of Council to bring the handout material 58 to the following Council meeting on Ordinance No. 35-1985. 59 60 UNFINISHED BUSINESS 61 62 Sweeping of Alleys 63 64 Councilmenber Parker asked Street Supervisor Hillard about the sweeping of 65 gravel alleys. Councilperson Parker stated that the sweeping often times 1. May 6, 1985 Page 6 the alleys will be in worse condition after the sweeping. 3 Mr. Hillard explained that these alleys were chip and sealed and the loose A. gravel is swept after a period of time and reclaimed for other use. He 5 stated that he would chip and seal any bad alleys again if necessary . and requested Councilperson Parker to let him know specific locations. 7 8 Ordinances No. 44- 1984 and 145-1984 10 Mr. Barden requested the Council to bring Ordinances No. 44, and 145-1985 1 from the Committee of the Whole to the Council Agenda on May 20, 1985 in 1 order that amendments may be introduced at the first meeting in June. 1 1 Ordinance No. 10-1985 1 1 Councilmember Bodiker moved to return Ordinance No. 10-1985 from the 1 Committee of the Whole and strike it from the agenda, seconded by 1: Councilmember Elstro and on unanimous voice vote the motion was carried. 1' 21 ADJOURNMENT 2 24 There being no further business, on a motion duly made, seconded and passed, 2 the meeting was adjourned. 2, 2' , 2 Jan Apple amoine 2 r esident Pro-tem 2 3 11 /� 3 ATTEST w ,� .J 3 Mary han ouse, City Clerk 3 3 3 3 3 3: 3' 41 41 4, 4 44 4` 4: 4 4 4 5 5 5 5 5 5 5 5 5 5 60 6 6. 6 6/ 6'