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HomeMy Public PortalAbout04-01-1985 95 • PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF RICK, INDIANA, APRIL 1, 1985 1 The Common Council of the City of Richmond, Indiana met in regular session 2 April 1, 1985 at the hour of 7:30 P.M. in the Council Chambers in said 111 3 City. President Williams presided with the following members in attendance: 4 Councilmembers Elstro, Brookbank, Parker, Bodiker, Lemoine and Morris. 5 Absent: Councilmembers Hankinson and Whitesell. The following business 6 was had to-wit: - 7 8 PLEDGE OF ALLEGIANCE EGIANCE 9 10 SILENT DEVOTIONS 11 12 APPROVAL OF MINUTES OF MARCH 18, 1985 13 14 Councilmember Bodiker moved to approve the minutes of the previous meeting 15 as prepared, seconded by Councilmember Brookbank and on unanimous voice 16 vote the motion was carried. 17 18 COMMUNICATIONS FROM 1'HE MAYOR 19 20 Mayor Frank H. Waltermann told the Council that he had attended the 21 National League of Cities Congressional Conference and due to the length 22 of the agenda would make a written comment to the Council about the 23 conference. He did state that Coretta Scott King was one of the speakers 24 at the conference and was discussing the first observance of the Federal 25 Legal Holiday established for Dr. Martin Luther King. Mayor Waltennann 26 also told the Council that the general consensus is that General Revenue 27 Sharing will die an untimely death. The only debate that seems to be 28 remaining on Revenue Sharing is the date of expiration. 29 30 REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY 31 32 Ms. Maness directed the attention of the Council to the minutes of March 33 21, 1985 regarding the Policy Statement issued. The Statement said 34 that the Board will not take action on requests contingent upon other 35 Board action unless the minutes of that Board are presented by the deadline 36 for preparation of the agenda. • 37 38 Ms. Maness also stated that the Unsafe Building Hearing on property 39 at 16th and East Main Street had been continued to April 8, 1985 at 40 9:00 A.M. and the Board would probably take final action on the Order 41 for removal of the buildings at that time. 42 43 Councilmember Morris asked Ms. Maness about the response from TCI regarding 44 the Notice of Default from the City. Ms. Maness stated that the Board 45 will be preparing a statement when all members and the City Attorney 46 can participate. 47 48 Councilmember Elstro asked about the lighting on I-70. Mr. Barden stated 49 that he has written the State Highway Commission regarding payment for 50 the lighting outside the coLporate limits of the City and requested 51 an answer within two (2) weeks. 52 53 REPORTS FRAM SPECIAL COMMITTEES 54 55 Committee of the Whole 56 57 Councilmember Lemoine told the Council that the meeting scheduled for 58 April 25, 1985 on Ordinance No. 15-1985 would be postponed and set for 59 a later date. She also announced a Town Mooting for District 5 and 60 any other interested persons on April 11, 1985 at 7:00 P.M. in the 61 Community Roan at Fairview School. The meeting is being sponsored by 62 Councilmenber Terry Whitesell. 63 64 65 • -96 • Common Council Minutes Cont'd April 1, 1985 Page 2 1 REPORTS FROM STANDING COMMITTEES 2 3 Reid Hospital 411/5 Councilmember Brookbank stated that the Reid Hospital Board at its meeting 6 of March 25, 1985 had discussed reestablishing priorities for capital 7 ventures, alternative delivery systems and she also suggested that the 8 Council read the article in the Palladium Item on marketing medicine. 9'1 10, Park Board 11' 12 Councilmember Morris asked Councilmember Bodiker if he would ask the Park 13' Board about the deteriorated condition of the bleachers at the tennis 14 courts. Councilmember Brookbank also stated that there were trench areas 15 around the bleachers making footing dangerous. Councilmember Bodiker 16 will bring this to the attention of the Park Board. 17' 181 Enterprise Zone 19' 20' Councilmember Brookbank said there would be a .tour of the Enterprise Zone 21 on April 3, 1985 at 6:30 P.M. followed by the regular meeting at 7:30 22' P.M. She invited the members of the Council to participate in the tour 23 of the Zone. 24 25 MISCELLANEOUS BUSINESS 26' 27 Mr. David Stevens regarding Rose View Transit System 28' 29' Mr. David Stevens of 425 Porterfield Avenue addressed the Council regarding 30 his correspondence with President Reagan, Senators Quaile and Lugar and 31 Congressman Sharp, along with State Senator Nicholson and Representatives 32 Brown and Hibner. He presented the Council a copy of the letter to these 33 elected official stressing the importance of mass transit and funding • 34 for this type of transportation. 35 36 Mr. Stevens also gave the Council a list of ideas to help improve the 37' bus system. These included: specified time schedules, stopping in front 38 of the High School, discount passes that students can use other times 39 that to and fran school, running later in the evening in warmer weather 40 and campaigning for ridership. 41 42 RESOLUTIONS 43 44 RESOLUTION NO. 5-1985 45 46 Councilmember Elstro moved to suspend the rules and read Resolution No. 5-:i. 47 1985 by title only, seconded by Councilmember Morris and on unanimous 48 voice vote the motion was carried. 49 50 The Clerk read by title only Resolution No. 5-1985 - A RESOLUTION OF 5 ' THE CITY OF RICHMOND, INDIANA TO INDUCE J. RICHARD SMITH TO ACQUIRE, 5 CONSTRUCT AND EQUIP AN ECONOMIC DEVELOPMENT FACILITY AND TO UNDERTAKE 53 TO SFT.T, REVENUE BONDS TO PAY THE COSTS THEREOF, AND OTHER MATTERS RELATING 54 THERETO. 5 56 Speaking for Resolution No. 5-1985 was Andrew Cecere, Attorney at Law, 57 101 South 10th Street, Richmond, Indiana. Mr. Cecere, representing Mr. 5•' J. Richard Smith, told the Council that Resolution No. 5-1985 is an 59 indicator by the Common Council in the event that a financial package 60 can be put together for the purchase of the facility known as the NATCO 6 Plant, that Mr. Smith would be induced or authorized to proceed with the 6 financial package. Mr. Cecere stated that the parent company is no longer 63 desirous of having NATCO in their corporate structure. The options 64. available are to buy the facility and business or to relocate the business. 6'' Mr. Cecere said that Mr. Smith's intentions are to update the plant and Common Council Minutes Cont'd April 1, 1985 Page 3' 1 ,make it competitive in order to retain the jobs at their current level 2 and keep the plant in the City. 3 4 Also speaking for Resolution No. 5-1985 was Mr. J. Richard Smith, President 5 of NATCO. Mr. Smith informed the Council that in 1984 the parent company 6 fell under a new management team and it was decided to redeploy assets 7 of the company. NATCO was not the only company affected by this decision. 8 Mr. Smith said that the revenue bonds would provide approximately seventy 9 percent (70%) of the financing on a management and employee buy out of 10 NATCO from the parent company. 11 • 12 Mr. Smith reassured the Council that the plant will be kept in the City 13 and will continue in its present form as long as economically feasible. 14 15 Councilmember Bodiker asked Mr. Smith about an age discrimination suit' - 16 filed against the company and the corporate policy regarding this type 17 of discrimination. Mr. Smith stated that this is not a policy at NATCO 18 and they are careful to prevent age discrimination. 19 20 Councilmember Bodiker questioned Mr. Smith about not being able to 21 guarantee that the number of employees would increase. Mr. Smith stated 22 that in light of economic circumstances of the facility he will pledge 23 to preserve the facility and the current jobs. He said the facility is 24 under utilized and he would like to see employment increase, but would 25 not make that promise. 26 27 In response to Councilmember Parker, Mr. Smith stated that no price has 28 been set for the buy out, but he would expect the funds from the sale of 29 the revenue bonds to finance seventy percent (70%) of the project. He 30 will have more information on the purchase within thirty (30) days. 31 32 Councilmember Elstro moved for adoption of Resolution No. 5-1985, seconded 33 by Councilmember Morris and on unanimous voice vote the motion was carried. 34 35 ORDINANCES 36 37 ORDINANCES ON FIRST READING 38 39 - Councilmember Elstro moved to suspend the rules and read Ordinances No. 40 27, 28, 29, 30, 31, 32 and 33-1985 on first reading by title only, seconded 41 by Councilmember Parker and on unanimous voice vote the motion was carried. 42 43 ORDINANCE NO. 27-1985 44 45 The Clerk read on first reading by title only Ordinance No. 27-1985 - 46 AN ORDINANCE VACATING THAT PORITON OF SOUTH "Q" STREET RUNNING BETWEEN 47 U.S. HIGHWAY 27 SOUTH AND SOUTH 9TH STRET. 48 49 President Williams assigned Ordiannce No. 27-1985 to the Plan Commission 50 for public hearing. 51 52 ORDINANCE N0.28-1985 53 54 The Clerk read on first reading by title only Ordinance No. 28-1985 - 55 AN ORDINANCE AMENDING CHAPTER 154 OF THE MUNICIPAL CODE, BEING ORDINANCE 56 NO. 2325-1968, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF 57 RICHMOND, INDIANA, PROVIDING FOR THE REZONING OF PROPERTY LOCATE) AT 2906 58 EAST MAIN STREET FROM R-2 ONE-TO-EIGHT FAMILY RESIDENCE DISTRICT AND R-2 59 SINGLE FAMILY RESIDENCE DISTRICT TO R-3 SU AND R-2 SU AND PROVIDING FOR 60 THE SPECIAL USE OF SAID PROPERTY AS AN ACCESSORY OFF-STREET PARKING 61 FACILITY. 62 63 President Williams assigned Ordinance No. 28-1985 to the Plan Commission 64 for public hearing. • 65 Common Council Minutes Cont'd April 1, 1985 Page 4 1 ORDINANCE NO. 29-1985 2I 3 The Clerk read on first reading by title only Ordinance Na. 29-1985 - AN 4 ORDINANCE AMENDING ORDINANCE NO. 75-1984 FIXING SALARIES AND POSITIONS FOR 5 APPOINTED OFFICERS AND EMPLOYEES OF THE CITY OF RICHMOND, INDIANA FOR 1985. 111 7 Councilmember Bodiker moved to suspend the rules and move Ordinance No. 29- 8 1985 to second reading, seconded by Councilmember Brookbank and on 9 unanimous voice vote the motion was carried. 10 11 The Clerk read on second reading Ordinance No. 29-1985 - AN ORDINANCE 12 AMENDING ORDINANCE NO. 75-1984 FIXING SALARIES AND POSITIONS FOR APPOINTED 13 OFFICERS AND EMPLOYEES OF THE CITY OF RICHMOND, INDIANA FOR 1985. 14 15 President Williams announced Ordinance No. 29-1985 was on public hearing. 16 171 Speaking for Ordinance No. 29-1985 was Ms. Sue Roberson, Personnel Director 18' for the City of Richmond.' Ms. Roberson told the Council that she had 19, included a memo with the Ordinance and she would be happy to answer any 20 questions. She stated that the changes are being made pursuant to 211 recommendations from the fine of Waggoner, Irvin and Scheele after the 22 preparation of. new position descriptions. These changes are a step in the 231 development of updated personnel policies. Changes include placing 24, the Personnel Director under the Office of the Mayor and changing the title 251 to reflect other responsibilities, reestablishing the Park Superintendent's 26 job, creating a Recreation Director, changing position in the animal 27' caretakers classifications, updating the Switchboard Operator's job to 28', reflect additional responsibilities and adding a secretary in the Police 29 Department since the position of Dog Warden is now assigned to an officer. 30 31 Ms. Maness also told the Council that they needed to correspond Ordinance 32 No. 29-1985 to' Ordinances No. 30 and 31-1985 since these ordinances handle 33 the transfers and appropriations needed to compliment the job changes. 34 35 Councilmember Parker asked Ms. Maness if some clarification could be made 36 in paragraph #5 regarding references to hourly rates quoted as an annual 37' salary for the animal caretaker. 38, 39 Councilmember Elstro requested Ordinance No. 29-1985 be held on second 40 reading since he had not had sufficient time to study the Ordinance. 41 42 Ordinance NO. 29-1985 will return on second reading at the meeting of 43 April 15, 1985. 44 45 ORDINANCE NO. 30-1985 46 47, The Clerk read on first reading by title only Appropriation Ordinance No. 48 30-1985 - AN ORDINANCE TO APPROPRIATE WITHIN THE GENERAL FUND. 49 50' President Williams announced Ordinance No, 30-1985 had to be advertised. 51 52 ORDINANCE NO. 31-1985 53 54 The Clerk read on first reading by title only Transfer Ordinance No. 31- 5 1985 - AN ORDINANCE TO TRANSFER WITHIN THE GENERAL FUND. 5. 57, Councilmember Morris moved to suspend the rules and move Ordinance No. 58 30-1985 to second reading, seconded by Councilmember Bodiker and on 59 unanimous voice vote the motion was carried. 60 61 Ms. Maness suggested to the Council that they hold Ordianance No. 31-1985 62 on second reading since it corresponds with Ordinances 29 and 30-1985. 63, 64', Ordinance No. 31-1985 will return on second reading at the meeting of April 65 15, 1985. 99 • Common Council Minutes Cont'd April 1, 1985 Page 5 1 ORDINANCE NO. 32-1985 2 3 The Clerk read on first reading by title only Ordinance No. 32-1985 - 4 AN ORDINANCE OF THE CITY OF RICHMOND, INDIANA AUTHORIZING AND PROVIDING 5 FOR THE ISSUANCE OF FLOATING RATE DEMAND ECONOMIC DEVELOPMENT REVENUE 6 REFUNDING BONDS (BEVERLY ENTERPRISES-INDIANA, INC. PROJECT) SERIES 1985 7 IN A PRINCIPAL AMOUNT OF $1,450,000., TO FINANCE THE REFUNDING OF 8 $1,450,000. CITY OF RICHMOND, INDIANA ECONOMIC DEVELOPMENT REVENUE BONDS 9 (BEVERLY ENTERPRISES-INDIANA, INC. PROJECT) 1983 SERIES A, AUTHORIZING 10 THE EXECUTION OF A LOAN AGREEMENT PROVIDING FOR THE PAYMENT OF AMOUNTS 11 SUFFICIENT TO PAY THE PRINCIPAL OF, PREMIUM, IF ANY, AND INTEREST ON SAID 12 BONDS AND PROVIDING FOR THE SALE LOAN OF THE PROCEEDS OF THE BONDS TO 13 BEVERLY ENTERPRISES-INDIANA, INC, ; AUTHORIZING THE EXECUTION OF AN INDENTURE 14 OF TRUST, SETTING FORTH THE TERMS AND CONDITIONS UPON WHICH SUCH BONDS 15 ARE TO BE ISSUED; AND PROVIDING FOR OTHER MATTERS IN CONNECTION WITH THE 16 ISSUANCE, SALE AND DELIVERY OF THE BONDS. 17 18 Councilmember'Elstro moved to suspend the rules and move Ordinance No. 19 32-1985 to second reading, ,seconded by Councilmanber Brookbank and on 20 unanimous voice vote the motion was carried. 21 22 The Clerk read on second reading Ordinance No. 32-1985. 23 24 President Williams announced Ordinance No. 32-1985 was on public hearing. 25 26 Speaking for Ordinance No. 32-1985 was Andrew Cecere, Attorney at Law, 27 101 South 10th Street, Richmond, Indiana. Mr. Cecere told the Council 28 that in 1983 revenue bonds were issued for the construction, ereciton and 29 development of a nursing home. Beverly Enterprises is now able to refinance 30 the bonds to sell at a lower rate pay off with the drop in interest rates. 31 Mr. Cecere explained that the refinancing causes no liability on the 32 citizens of Richmond nor payable by taxation. Beverly Enterprises needs 33 the authorization of the Common Council for the refinancing of the revenue 34 bonds. 35 S 36 Mr. Frank Bradley, Assistant Treasurer of Beverly Enterprises, told the 37 Council that the expansion was completed in December of 1984 and this 38 request for refinancing is only for the revision of the interest structure 39 of the bonds. 40 41 Hearing no more discussion, Councilmember Elstro moved for engrossment 42 of Ordinance No. 32-1985, seconded by Councilmember Brookbank and on:. 43 unanimous voice the motion was carried. 44 45 Councilmember Morris moved to suspend the rules and move Ordinance no. 46 32-1985 to third and final reading and read by title only, seconded by 47 Councilmember Parker and on unanimous voice vote the motion was carried. 48 49 The Clerk read on third and final reading by title only Ordinance No. 50 32-1985. 51 52 Ordinance No. 32-1985 was adopted on the following call of the roll: 53 54 Ayes: Elstro, Brookbank, Parker, Bodiker, Lemoine, Morris and Williams 55 (7) 56 Nays: None 57 Absent: Hankinson and Whitesell (2) 58 59 ORDINANCE NO. 33-1985 60 61 The Clerk read on first reading by title only Ordinance NO. 33-1985 - 62 AN ORDINANCE TO TRANSFER WITHIN TIE REVENUE SHARING FUND. 63 64 . Councilmember Elstro moved to suspend the rules and move Ordinance No. 65 33-1985 to second reading, seconded by Councilmember Morris and on 100 • amnion Council Minutes Cont'd April 1, 1985 Page 6 unanimous voice vote the motion was carried. 3 The Clerk read on second reading Ordinance No. 33-1985 - AN ORDINANCE TO TRANSFER WITHIN THE REVENUE SHARING TRUST FUND. 1 5 dPresident Williams announced Ordinance No. 33-1985 was on public hearing. 7 8 Hearing no cutuuent, Councilmember Elstro moved for engrossment of Ordinance 4 No. 33-1985, seconded by Councilmember Morris and on unanimous voice vote 10 the motion was carried. 1 1 Councilmember Morris moved to suspend the rules and move Ordinance No. 33- 13 1985 to third and final reading and read by title only, seconded by 1 Councilmember Elstro and on unanimous voice vote the motion was carried. 1 10 The Clerk read on third and final reading Ordiannce No. 33-1985 - AN 11 ORDINANCE TO TRANSFER WITHIN THE REVENUE SHARING FUND. 18 19 Transfer Ordinance No. 33-1985 was adopted on the following call of the roll 20 2 Ayes: Elstro, Brookbank, Parker, Bodiker, Lemoine, Morris and Williams (7) 2 Nays: None 23 Absent: Hankinson and Whitesell (2) 24. 2 ORDINANCES ON SECOND READING 2. 27 ORDINANCE NO. 16-1985 2: 29 The Clerk read on second reading Ordinance No. 16-1985 - AN ORDINANCE 30 PURSUANT TO CHAPTER 154 OF THE MUNICIPAL CODE, BEING THE ZONING ORDINANCE 3 OF THE CITY OF RICHMOND, INDIANA, PROVIDING FOR THE AMENDMENT OF SPECIAL 3 USE ORDINANCE NO. 2518-1971 BY AUTHORIZING THE CONSTRUCTION OF AN ADDITIONAL. 33 BUILDING WITHIN A COMMERCIAL DEVELOPMENT UNIT PROJECT. 34 35 President Williams announced Ordinance No. 16-1985 was on public hearing. 36 37 Speaking for Ordinance No. 16-1985 was Ron Cross, Attorney at Law, 38 representing Cox's Markets. Mr. Cox explained that the Second National Bank 39 was going to develop a drive thru Automatic Teller with twenty-four (24) 40 hour service on the parking lot of the Cox's Market on Chester Boulevard. 41 This request will have no adverse affect on public health, safety or welfare 42 and most use of the machine will cane from traffic in the area. Mr. Cross 43 explained the building housing the automatic teller will be eight (8) foot 44 by ten (10) foot. The building will be contructed towards the front of the 45 dot to prevent interference with Cox's parking and to allow more light from 46 the street lights for safety. 47. 48 Councilmember Lemoine asked Mr. Cross if they had considered placing the 49 automatic teller at the University Branch and Mr. Cross stated that it would 50 not be compatible with the existing architecture and the location is not 51 conducive to a driveup. This will also give service on both sides of U.S. 52 27 North. 53 54 The Plan Commission voted 7 to 0 in favor of the request. 55 56 Hearing no further comment, Councilmember Elstro moved for engrossment of 57 Ordinance No. 16-1985, seconded by Councilmember Brookbank and 'on unanimous 58 voice vote the motion was carried. 59 60 Councilmember Elstro moved to suspend the rules and move Ordinance No. 16-19:5 61 to third and final reading and read by title only, seconded by Councilmember 62 Morris and on unanimous voice vote the motion was carried. 63 64 The Clerk read on third and final reading by title only, Ordinance No. 16- 65! 1985 - AN ORDINANCE PURSUANT TO CHAPTER 154 OF THE MUNICIPAL CODE, BEING • • 01 Common Council Minutes Cont'd April 1, 1985 Page 7 1 THE ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA, PROVIDING FOR THE 2 AMENDMENT OF SPECIAL USE ORDINANCE NO. 2518-1971 BY AUTHORIZING THE 3 CONSTRUCTION OF AN ADDITIONAL BUILDING WIHTIN A COMMERCIAL DEVELOPMENT 4 UNIT PROJECT. 5 6 Ordinance No. 16-1985 was adopted on the following call of the roll: 7 8 Ayes: Elstro, Brookbank, Parker, Bodiker, Morris and Williams (6) 9 Nays: Lemoine (1) 10 Absent: Hankinson and Whitesell (2) 11 12 ORDINANCE NO. 17-1985 13 14 The Clerk read on second reading Ordinance No. 17-1985 - AN ORDINANCE 15 VACATING THAT PORTION OF SOUTHWEST FIRST STREET RUNNING BETWEEN SOUTHWEST 16 "E" AND SOUTHWEST "F" STREETS AND ALSO VACATING A PORTION OF A CERTAIN 17 SIXTEEN (16) FOOT ALLEY RUNNING WEST OFF SOUTHWEST FIRST STREET. 18 19 Mr. Barden examined the Proof of Publication and found it to be in order. 20 Councilmember Morris moved to accept and file the Proof of Publication, 21 22 seconded by Councilmember Brookbank and on unanimous voice vote the motion 23 was carried. 24 25 President Williams announced Ordinance No. 17-1985 was on public hearing. 26 27 Speaking for Ordinance No. 17-1985 was Ron Cross, Attorney at Law, 28 representing the Richmond Community Schools. Mr. Cross stated that the 29 schools owne all the abutting land and all utility services have been 30 contacted. Mr. Cross said that the school would dedicate- a sixteen (16) 31 foot alley to the City to continue Sanitary District Service to residents 32 of the area. 33 34 Portions of the vacated area will be used for tennis courts. The courts 35 will be windscrccned and lights are planned for the future. 36 37 In response to Councilmember Elstro regarding future expansion of the 38 High School, Mr. Cross explained that any future expansion would have to 39 be to the south and west and currently funding is a problem. 40 41 Hearing no further discussion, Councilmember Elstro moved for engrossment 42 of Ordinance No. 17-1985, seconded by Councilmember Bodiker and on 43 unanimous voice vote the motion was carried. 44 45 Councilmember Elstro moved to suspend the rules and move Ordinance No. 46 17-1985 to third and final reading and read by title only, seconded by 47 Councilmember Morris and on unanimous voice vote the motion was carried. 48 49 The Clerk read on third and final reading by title only Ordinance No. 50 17-1985 - AN ORDINANCE VACATING THAT PORITON OF SOUTHWEST FIRST STREET 51 RUNNING BETWEEN SOUTHWEST "E" AND SOUTHWEST' "F", STREETS AND ALSO 52 VACATING A PORTION OF A CERTAIN SIXTEEN (16) FOOT ALLEY RUNNING WEST OFF 53 OF SOUTHWEST FIRST STREET. 54 55 Ordinance No. 17-1985 was adopted on the following call of the roll: 56 57 Ayes: Elstro, Brookbank, Parker, Bodiker, Lemoine, Morris and Williams 58 (7) 59 Nays: None 60 Absent: , Hankinson and Whitesell (2) 61 62 APPROPRIATION ORDINANCE NO. 21-1985 63 64 The Clerk read on second reading Ordinance No. 21-1985 - AN ORDINANCE TO 65 APPROPRIATE WITHIN THE GENERAL FUND. o2.. Common Council Minutes Cont'd April 1, 1985 Page 8 1 Mr. Barden examined the Proof of Publication and found it to be in order. 2 Councilmember Morris moved to accept and file the Proof of Publication, 3 seconded by Councilmember Brookbank and on unanimous voice vote the motion 4 was carried. 5 6 President Williams announced Ordinance No. 21-1985 was on public hearing. 7 8 Hearing no coument, Councilmember Elstro moved for engrossment of Ordinance 9 No. 21-1985 seconded by Councilmember Brookbank and on unanimous voice vote 10 the motion was carried. 11 12 Councilmember Elstro moved to suspend the rules and move Ordinance No. 21- 13 1985 to third and final reading and read by title only, seconded by 14 Councilmember Morris and on unanimous voice vote the motion was carried. 15 16 The Clerk read on third and final reading by title only Ordinance No. 21-1985 - 17 AN ORDINANCE TO APPROPRIATE WITHIN THE GENERAL FUND. 18 19 Appropriation Ordinance No. 21-1985 was adopted on the following call of the 20 role: 21 22 Ayes: Elstro, Brookbank, Parker, Bodiker, Lemoine, Morris and Williams (7) . 23 Nays: None 24 Absent: Hankinson and Whitesell (2) 25 26 APPROPRIATION ORDINANCE NO. 22-1985 27 28 The Clerk read on second reading Ordinance No. 22-1985 - AN ORDINANCE TO 29 APPROPRIATE WITHIN THE MOTOR VEHICLE HIGHWAY FUND. 30 31 Mr. Barden examined the Proof of Publication and found it to be in order. 32 Councilmember Morris moved to accept and file the Proof of Publication, 33 seconded by Councilmember Lemoine and on unanimous voice vote the motion was 34 carried. 35 36 President Williams announced Ordinance No. 22-1985 was on public hearing. 37 38 Hearing no comment, Councilmember Lemoine moved for engrossment of Ordinance 39 No. 22-1985, seconded by Councilmember Brookbank and on unanimous voice 40 vote the motion was carried. 41 42 Councilmember Lemoine moved to suspend the rules and move Ordinance No. 22- 43 1985 to third and final reading and read by title only, seconded by 44 Councilmember Morris and on unanimous voice vote the motion was carried. 45 46 The Clerk read on third and final reading by title only Ordinance No. 22- 47 1985 - AN ORDIANNCE TO APPROPRIATE WITHIIN THE MOTOR VEHICLE HIGHWAY FUND. 48 49 Appropriation Ordinance No. 22-1985 was adopted on the following call of the 50 roll: 51 52 Ayes: Elstro, Brookbank, Parker, Bodiker, Lemoine, Morris and Williams (7) 53 Nays: None 54 Absent: Hankinson and Whitesell (2) 55 56 APPROPRIATION ORDINANCE NO. 23-1985 57 58 The Clerk read on second reading Ordinance No. 23-1985 - AN ORDINANCE TO 59 APPROPRIATE WITHIN THE OFF STREET PARKING FUND. 60 61 President Williams announced Ordinance No. 23-1985 was on public hearing. 62 63 Ms. Maness explained that Ordinances No. 21, 22, 23 and 24-1985 were all 64 appropriation for electric current that should have been paid in 1984 and would 65 assist with a thirteen (13) month payment in 1985. 103 • Common Counci Minutes Cone'c' April 1, 1985 Page 9 1 Mr. Barden examined the Proof of Publication and found it to be in order. 2 .Counclmember Morris moved to accept and file the Proof of Publication, 3 seconded by Councilmember Elstro and on unanimous voice vote the motion 11/ 4 was carried. 5 6 Hearing no further public comment, Councilmember Lemoine moved for 7 engrossment of Ordinance No. 23-1985, seconded by Councilmember Brookbank 8 and on unanimous voice vote. the motion was carried. 9 10 Councilmember Morris moved to suspend the rules and move Ordinance No. 11 23-1985 to third and final reading and read by title only, seconded by 12 Councilmember Lemoine and on unanimous voice vote the motion was carried. 13 14 The Clerk read on third and final reading by title only Ordinance No. 15 23-1985 - AN ORDINANCE TO APPROPRIATE WITHIN THE OFF STREET PARKING FUND. 16 17 Appropriation Ordinance No. 23-1985 was adopted on the following call of 18 the roll: 19 20 Ayes: Elstro, Brookbank, Parker, Bodiker, Lemoine, Morris and Williams 21 (7) 22 Nays: None 23 Absent: Hankinson and Whitsell (2) 24 25 APPROPRIATION ORDINANCE NO. 24-1985 26 27 The Clerk read on second reading Ordinance No. 24-1985 - AN ORDINANCE TO 11/ 28 APPROPRIATE WITHIN THE PARK FUND. 29 30 Mr. Barden examined the Proof of Publication and found it to be in order. 31 Councilmember Parker moved to accept and file the Proof of Publication, 32 seconded by Councilmember Bodiker and on unanimous voice vote the motion 33 was carried. 34 35 President Williams announced Ordinance No. 24-1985 was on public hearing. 36 37 Hearing no comment, Councilmember Brookbank moved for engrossment of 38 Ordinance No. 24-1985 seconded by Councilmember Elstro and on unanimous 39 voice vote the motion.was carried. 40 41 Councilmember Elstro moved to suspend the rules and move Ordinance No. 42 24-1985 to third and final reading and read by title only, seconded by 43 Councilmember Brookbank and on unanimous voice vote the motion was carried. 44 45 The Clerk read on third and final reading by:: title only Ordinance No. 46 24-1985 - AN ORDINANCE TO APPROPRIATE WITHIN THE PARK FUND. 47 48 Appropriation Ordinance No. 24-1985 was adopted on the following call of 49 the roll: 50 51 Ayes: Elstro, Brookbank, Parker, Bodiker, Lemoine, Morris and Williams 52 . (7) 53 Nays: None 54 Absent: Hankinson and Whitesell 55 56 ORDINANCES ON THIRD READING 57 58 AMENDED ORDINANCE NO. 9-1985 59 60 Mr. Barden explained to the Council that before they start formal action 61 on this Ordinance he would like to explain that the Ordinanceiwas 62 designated to set up the procedure for a central repository of official 63 City actions in order that the City may find out what the City is doing. 64 This can be done through the Open Door Law and the Access to Public Records 65 Law and the City can demand agencies to produce records. 04 • Common Council Minutes Cont'd April 1, 1985 Page 10 1 Mr. Barden stated that Board, Commissions, etc. should act official and their, 2 minutes should be kept in minute books. He said the Board speaks through 3 their minutes not the members of the board. 4 5 Mr. Barden also informed the Council that the Fireman's Pension Board had hired 6 Mr. Ruckleshaus with the expressed permission of himself. The City Attorney 7 is the attorney for the Pension Board and they must have his approval to 8 hire another attorney. 9 10 Mr. Barden also told the Council that the Richmond Police Department was 11 given notice of the EEOC reviewing their records along with other Police 12 Department in the State for possible age discrimination. He feels the 13 Fire Depai lauents will fall under this investigation next and good records 14 well maintained will be important in these cases. He also stated that all 15 meetings of Boards must be held in compliance with the Open Door Laws. 16 17 Mr. Barden stated that with possible liability suits the City and officers 18 of the City must insulate themselves from personnel liability. Accurate, well 19 maintained records can assist with putting blame on the proper authority. 20 21 Mr. Barden also stated that as far as the Fireman's Pension Board was 22 concerned the Fire Chief was president only by State Statute. The Board 23 operated according to Roberts Rules of Order and does not speak through the 24 Chief, but rather through the records of the Board. 25 26 Mr. Barden suggested the following amendments to take the enforcement 27 responsibilities from the Council. Replace (d) with: The City of Richmond, 28 its agents, officers and employees are authorized to make requests pursuant 29 to the Indiana Open Door Law, I.C. 5-14-1.5-1 et.seq. and the Indiana Access 30 to Public Records Law, I.C. 5-14-3-1 et. seq. and to amend (e) to read: 31 This ordinance is intended to reflect the policy of making government • 32 more accessible to the public. _ 33 34 Councilmember Bodiker asked if a Resolution would be better since this is 35 covered by State Law. 36 37 Mr. Barden explained that he would perfer to have the Ordinance codified. 38 39 Councilmember Elstro stated that he felt this Ordinance was wasting the 40 Council's time since it was covered by State Law, but agrees that the City 41 should have the minutes on file. 42 43 Mr. Bodiker requested the Ordinance be held on third reading in order 44 that the amendments be proposed in writing. 45 46 Mr. Barden told-the Council that regarding Mr. Ruckelshaus being hired 47 without his permission he has the authority to with hold payments. 48 49 ADJOURNMENT 50 51 There being no further business on a motion duly made seconded and passed the 52 meeting was adjourned.53 /n / 5422/ G'l/ 55 Marion Williams, President 56 57 58 ATTEST: 59 Mary Meiecha _house, City Clerk 60 61 62 63 64 65