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HomeMy Public PortalAbout01-07-1985 _49 PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA, JANUARY 7, 1985 1 The Common Council of the City of Richmond, Indiana, met in regular 2 session January 7, 1985 at the hour of 7:95 P.M. in the Council Chambers 3 in said City. President Williams presided with the following members 4 present: Councilpersons Elstro, Brookbank, Hankinson, Whitesell, Parker, 5 Bodiker, Lemoine and Morris . Absent: None. The following business 6 was had to-wit: 7 8 PRESENTATION OF GAVEL TO PAST PRESIDENT ELSTRO 9 10 President Williams presented Past President Elstro with the gavel he 11 had used the past year and congratulated him on a good year. 12 13 PLEDGE OF ALLEGIANCE 14 15 SILENT DEVOTIONS 16 17 APPROVAL OF MINUTES OF DECEMBER 17, 1984 18 19 Councilperson Bodiker moved to approve the minutes of the previous meeting 20 as prepared, seconded by Councilperson Parker and on unanimous voice 21 vote the motion was carried. -22 23 COMMUNICATIONS FROM THE MAYOR 24 25 Mayor Frank H. Waltermann presented the Council an overview of 1984. 26 Mayor Waltermann told the Council that the ethics of personnel in his 27 administration were of high value. No gifts were received by any personnel. 28 Regarding Human Rights, many appointments of women and minorities had 29 been accomplished on boards and within the administration and the City 30 is working on complying with 504 Regulations regarding handicapped 31 accessibility. 32 33 Mayor Waltermann has been actively involved in all projects of the City, 34 assumed responsibility for all appointments of personnel and attended 35 meeting of the Common Council. 36 37 New training techniques had been started in the Police Department and 38 the Fire Department will be involved with a new Safety and Equipment 39 Program. The bus lines redesigned routes, published new schedules and 40 reduced fares . A program of cooperation with the school system was 41 also started in the transporting of students. 42 43 The City Attorney is now full time serving all Departments of the City 44 and the Controller provides professional supervision of the Finance 45 Department on a day to day basis. The Engineer holds degrees in Civil 46 Engineering and Land Surveying and is a registered Professional Engineer 47 and Land Surveyor. New position descriptions have been developed for 48 all city employees in order to provide standardization. Central • 49 Purchasing has been established and the City will be doing the user 50 fee billing in the future and many efforts have been made to reduce 51 the cost of solid waste pick-up. 52 53 The Mayor stated that the Office of Economic Development Director was 54 established in 1984 and the City supported the purchase of an Instrument 55 Landing System for the Airport. The administration is considering on 56 site training for employees wishing to receive their GED. Much emphasis 57 has been placed on community services with the publication of a ;. 58 Directory of Human Service Agencies and the purchase oif the. tr.ain depot 59 for historic preservation. 60 61 Mayor Waltermann thanked the Council for their assistance and cooperation 62 and wished President Williams a good year. 63 . 64 Several members of the Council requested a report on the Rose View Transit 65 System and Mayor Waltermann stated an annual report would be issued. 50 Council Minutes Cont'd January 7, 1985 Page 2 1 It was suggested that quarterly reports could be issued on the bus service. 2 3 REPORTS FROM OTHER DEPARTMENTS 4 5 Clerk's Office 6 7 City Clerk read the following letter from Rich Cody, Plant Supervisor of 8 Clearview Cable TV: 9 10 Ms. Merchanthouse 11 12 As pursuant to Section 623 of the 'Cable Communications Policy 13 Act of 1984' , we will be increasing by 5% the rate for basic cable 14 service. This increase will be effective February 1, 1985. If you 15 have any questions, please do not hesitate to contact me. 16 17 /s/ Rich Cody 18 19 Councilperson Elstro asked Mr. Barden if this was legal and Mr. Barden stated 20 that he was going to request the Cable Company to wait on the FCC ruling 21 regarding competition. Councilperson Bodiker encouraged the City Attorney 22 and the Board of Public Works and Safety to take all necessary action against 23 the rate increase. 24 25 Finance Office 26 27 Ms. Maness reported on the Revolving Loan Fund as established by the Council. 28 The committee met twice in 1984 and the Mayor 's appointment to the Committee 29 was Mr. Bud Brady. The established meeting date will be the second Tuesday 30 of each month at 8:30 A.M. in the Controller's Office. 31 32 Councilpeson Morris asked about Revenue Sharing requests and if there could 33 be information supplied to the Council such as reasons for the need, age 34 of existing equipment, condition of existing equipment and mileage if 35 applicable. Ms. Maness stated that this information is already being 36 requested from anyone wanting Revenue Sharing. She also stated that a 37 committee will be formed with herself, the Mayor, Purchasing Director and 38 members of Council to look at all requests. Ms. Maness requested President 39 Williams to appoint two (2) members of Council to serve on the committee 40 to make recommendations on the spending of Revenue Sharing Funds and 41 Cumulative Capital Development Funds. 42 43 REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY 44 45 Ms. Maness told the Council that the Board had authorized a survey of City 46 owned buildings for asbestos content, elected officers for 1985 and made 47 the Plan Commission appointment. The contract of the Compliance Officer 48 had been extended through January, 1985 to complete the Personnel 491 Classification System. 5 5 Councilperson Whitesell requested the Board to take another look at the 51 truck traffic on Harris Street, check on the timing of traffic signals on 5 Williamsburg Pike at Rich Road, the Alcoa Plant and Industries Road and 5 check on property at 216 N.W. J Street to expedite deficiencies since the 5 property is currently vacant. 5 5 REPORTS FROM SPECIAL COPMiITTEES 5: 5• Committee of the Whole 61 6 The Council was reminded of dates set for meetings of the Committee of the 6, Whole. Councilperson Morris asked Councilperson Elstro if he invited the 6 County Commissioners and County Council to the meeting on January 24, 1985 6 , regarding the 911 issue. Councilperson Elstro had contacted the Commissioners 6" and would contact the Council. 51 Council Minutes Cont'd January 7, 1985 Page 3 1 President Pro-tem Lemoine set February 7, 1985 at 7:00 P.M. as the date 2 for a meeting of the Committee of the Whole and the firm doing the 3 position descriptions for city employees. 4 5 Councilperson Morris requested a date be set for the Committee of the 6 Whole to discuss a proposed Alarm Ordinance. 7 8 REPORTS FROM STANDING COMMITTEES 9 10 Arts Council 11 12 Councilperson Lemoine told the Council that the Civic Hall Renovation 13 Group was continuing to meet and working on the feasibility of the 14 renovation. 15 16 17 Animal. Welfare 18 19 Councilperson Morris asked if the Council had received any budgets from 20 the Animal Welfare Shelter and Ms. Maness stated Councilperson Parker 21 had received the budget for 1984, but none had been received for 1985. 22 23 Plan Commission 24 25 Councilperson Morris stated that the Plan Commission would be meeting 26 on January 22, 1985 at 7:30 P.M. to consider further zoning on land 27 purchased for the landfill. 28 29 RESOLUTIONS 30 31 RESOLUTION NO. 1-1985 32 33 . The Clerk read in its entirety Resolution No. 1-1985 - A RESOLUTION 34 IN MEMORY OF ELIZABETH LYNN CARTER BICKEL, FONDLY KNOWN AS BETTY CARTER. 35 36 WHEREAS, Betty Carter was a Richmond native and Earlham College 37 graduate; and, • 38 39 WHEREAS, Betty was a valued employee of WKBV Radio Station since 40 1978 and full-time news reporter since 1983; and, 41 42 WHEREAS, Betty epitomized professionalism in the media through 43 her cons.cienti:o.us ..and accurate coverage of Common Council 's 44 business; and, 45 � . 46 WHEREAS, Betty served as a fine example of young womanhood through 47 her community mindedness; and 48 49 WHEREAS, Betty was well known and equally well respected by City 50 Officials as she was by all who know her, 51 52 NOW THEREFORE BE IT RESOLVED by the Common Council of the City 53 of Richmond, Indiana that: 54 55 . Our deepest sympathy goes to her family and friends and 56 the. void created by her death is felt by the entire 57 community. She will be sadly missed. 58 59 Councilperson Bodiker moved to adopt Resolution No. 1-1985, seconded 60 by Councilperson Parker and on unanimous voice vote the motion was 61 carried. 62 . 63 64 65 Council Minutes Cont 'd January 7, 1985 Page 4 1 ORDINANCES 2 3 ORDINANCES ON FIRST READING 4 5 Councilperson Morris moved to suspend the rules and read Ordinances No. 6 1, 2, and 3-1985 on first reading by title only, seconded by Councilperson 7 Whitesell and on unanimous voice vote the motion was carried. 8 9 ORDINANCE NO. 1-1985 10 11 The Clerk read on first reading by title only Ordinance No. 1-1985 - AN 12 ORDINANCE ADOPTING A POLICY OF NONDISCRIMINATION ON THE BASIS OF HANDICAPPED 13 STATUS AND AMENDING SECTION 35.10 OF THE CITY CODE TO REFLECT THAT POLICY. 14 15 Councilperson Whitesell moved to suspend the rules and move Ordinance No. 16 1-1985 to second reading, seconded by Councilperson Parker and on unanimous 17 voice vote the motion was carried. 18 19 The Clerk read on second reading Ordinance No. 1-1985 - AN ORDINANCE ADOPTIN 20 A POLICY OF NONDISCRIMINATION ON THE BASIS OF HANDICAPPED STATUS AND AMENDINt 21 SECTION 35.10 OF THE CITY CODE TO REFLECT THAT POLICY. 22 23 President Williams announced Ordinance No. 1-1985 was on public hearing. 24 Speaking for Ordinance No. 1-1985 was Ms. Sue Roberson, Compliance Officer 25 for the City. Ms. Roberson told the Council that this is necessary to 26 comply with 504 Regulations and to receive Revenue Sharing Funds. She 27 said it is imperative that the City state that we do not discriminate in 28 hiring procedures or delivery of services. 29 30 Councilperson Bodiker moved for engrossment of Ordinance No. 1-1985, seconded 31 by Councilperson Morris and on unanimous voice vote the motion was carried. 32 33 Councilperson ELstro moved to suspend the rules and move Ordinance No. 34 1-1985 to third and final reading and read by title only, seconded by 35 Councilperson Hankinson and on unanimous voice vote the motion was carried. 36 37 The Clerk read on third and final reading by title only Ordinance No. 38 1-1985 - AN ORDINANCE ADOPTING A POLICY OF NONDISCRIMINATION ON THE BASIS 39 OF HANDICAPPED STATUS AND AMENDING SECTION 35.10 OF THE CITY CODE TO REFLECT 40 THAT POLICY. 41 42 Ordinance No. 1-1985 was adopted on the following vote: 43 44 Ayes: Elstro, Brookbank, Hankinson, Whitesell, Parker, Bodiker, Lemoine, 45 Morris and Williams. (9) 46 Nays: None 47 48 ORDINANCE NO. 2-1985 49 50 The Clerk read on first reading by title only OrdiMOnce No. 2-1985 - AN 51 ORDINANCE AUTHORIZING CITY OFFICIALS TO OBTAIN MEMBERSHIP IN STATE AND 52 NATIONAL ASSOCIATIONS OF A CIVIC, EDUCATIONAL OR GOVERNMENTAL NATURE WHICH 53 HAVE AS THEIR PURPOSE THE BETTERMENT AND IMPROVEMENT OF MUNICIPAL 54 GOVERNMENTAL OPERATIONS. 55 56 Councilperson Hankinson moved to suspend the rules and move Ordinance No. 57 2-1985 to second reading, seconded by Councilperson Elstro and on 58 unanimous voice vote the motion was carried. 59 60 The Clerk read on second reading Ordinance No. 2-1985 - AN ORDINANCE 61 AUTHORIZING CITY OFFICIALS TO OBTAIN MEMBERSHIP IN STATE AND NATIONAL 62 ASSOCIATIONS OF A CIVIC, EDUCATIONAL OR GOVERNMENTAL NATURE WHICH PIAVE 63 AS THEIR PURPOSE THE BETTERMENT AND IMPROVEMENT OF MUNICIPAL GOVERNMENTAL 64 OPERATIONS. 65 53 Council Minutes Cont'd January 7, 1985 Page 5 1 President Williams announced that Ordinance No. 2-1985 was on public 2 hearing. 3 4 Mr. Barden explained that Home Rule delegated the responsibility to 5 the Cities to adopt an Ordinance allowing the City and its officials 6 to belong to such organizations as Indiana Association of Cities and 7 Towns and National League of Cities . The State Board of Accounts also 8 recommends that this be backed up by Ordinance. 9 10 In response to questions, Mr. Barden stated that all municipal officials 11 are included excepting Richmond Power & Light Officials . It also does 12 not include local organizations as these should be paid by the individuals 13 involved. 14 15 Councilperson Hankinson moved for engrossment of Ordinance No. 2-1985, 16 seconded by Councilperson Elstro and on unanimous voice vote the motion 17 was carried. 18 19 Councilperson Elstro moved to suspend the rules and move Ordinance No. 20 2-1985 to third and final reading and read by title only, seconded by 21 Councilperson Bodiker and on unanimous voice vote the motion was carried. 22 23 The Clerk read on third and final reading by title only Ordinance No. 24 2-1985 - AN ORDINANCE AUTHORIZING CITY OFFICIALS TO OBTAIN MEMBERSHIP 25 IN STATE AND NATIONAL ASSOCIATIONS OF A CIVIC, EDUCATIONAL OR GOVERNMENTAL 26 NATURE WHICH HAVE AS THEIR PURPOSE THE BETTERMENT AND IMPROVEMENT OF 27 MUNICIPAL GOVERNMENTAL OPERATIONS. 28 29 Ordinance No. 2-1985 was adopted on the following vote: 30 31 Ayes: Elstro, Brookbank, Hankinson, Whitesell, Parker, Bodiker, Lemoine, 32 Morris and Elstro. (9) 33 34 Nays: None • 35 36 ORDINANCE NO. 3-1985 37 38 The Clerk read on first reading by title only Ordinance No. 3-1985 - 39 AN ORDINANCE OF THE CITY OF RICHMOND, AUTHORIZING THE EXECUTION AND 40 DELIVERY OF THE FIRST AND SECOND AMENDMENTS TO THE CAPACITY PURCHASE 41 AGREEMENT BY AND BETWEEN THE CITY OF RICHMOND AND THE INDIANA MUNICIPAL 42 POWER AGENCY. 43 44 Councilperson Elstro moved to suspend the rules and move Ordinance No. 45 3-1985 to second reading, seconded by Councilperson Whitesell and on 46 unanimous voice vote the motion was carried. 47 48 The Clerk read:.on second::..reading:.Or.dinance No. 3=1985 =- AN.;.ORDINANCE: 49 OF THE CITY OF RICHMOND, AUTHORIZING THE EXECUTION AND DELIVERY OF THE 50 FIRST AND. SECOND AMENDMENTS TO THE CAPACITY PURCHASE AGREEMENT BY AND 51 BETWEEN THE CITY OF RICHMOND AND THE INDIANA MUNICIPAL POWER AGENCY. 52 53 President Williams announced that Ordinance No. 3-1985 was on public 54 hearing. 55 56 Speaking for Ordinance No. 3-1985 was Irving Huffman, General Manager 57 of Richmond Power & Light. Mr. Huffman stated that the First Amendment 58 refers to compensation to be received from the members of IMPA for the 59 stockpile of coal kept at electric utilities producing current for sale 60 to IMPA. The membership of IMPA felt that they should help share the 61 burden of the facilities. The compensation would be figured o_n the 62 interest that would have been received for the funds invested in the 63 coal. Funds received will be returned to the rate payer. 64 65 The Second Amendment deals with the flaw in the rate tracking in the Council Minutes Cont'd January 7, 1985 Page 6 1 Capacity Purchase Agreement. The flaw was discovered during the I&M rate 2 increase request. 3 4 In response to Councilperson Lemoine, Mr. Huffman stated that all current 5 producing members of IMPA will be eligible for the return of the loss of 6 interest and that it will be computed at the prime interest rate monthly. 7 8 Councilperson Morris asked regarding the effective date on the recalculation 9 of the Capacity Purchase Agreement. Mr. Huffman stated that when the 10 calculations are refigured it will be retroactive to the date of the I&M 11 rate increase to RP&L. 12 13 Councilperson Elstro moved for engrossment of Ordinance No. 3-1985, seconded 14 by Councilperson Parker and on unanimous voice vote the motion was carried. 15 16 Councilperson Elstro moved to suspend the rules and move Ordinance No. 17 3-1985 to third and final reading and read by title only, seconded by 18 Councilperson Hankinson and on unanimous voice vote the motion carried. 19 20 The Clerk read on third and final reading by title only Ordinance No. 3-1985- 21 AN ORDINANCE OF THE CITY OF RICHMOND, AUTHORIZING THE EXECUTION AND DELIVERY 22 OF THE FIRST AND SECOND AMENDMENTS TO THE CAPACITY PURCHASE AGREEMENT BY 23 AND BETWEEN THE CITY OF RICHMOND AND THE INDIANA MUNICIPAL POWER AGENCY. 24 25 Ordinance No. 3-1985 was adopted on the following vote: 26 27 Ayes: Elstro, Brookbank, Hankinson, Whitesell, Parker, Bodiker, Lemoine, 28 Morris and Williams. (9) 29 30 Nays: None 31 32 ORDINANCES ON SECOND READING 33 34 ORDINANCE NO. 129-1984 35 36 The Clerk read on second reading Ordinance No. 129-1984 - AN ORDINANCE 37 AMENDING ARTICLE 25 OF CHAPTER 154 OF THE MUNICIPAL CODE, BEING ORDINANCE 38 NO. 2325-1968, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF RICHMOND 39 INDIANA. 40 41 Councilperson Whitesell noted that Ordinance No. 129-1984 needed to be 42 amended in total and so moved, seconded by Councilperson Morris and on 43 unanimous voice vote the motion was carried. 44 45 Ordinance No. 129-1984 as amended will be attached to and become a part 46 of the minutes of the meeting. 47 48 President Elstro announced that Amended Ordinance No. 129-1984 was on public 49 hearing. 50 51 Mayor Waltermann stated that the Public Works Director was favorable to '52 the Ordinance as amended. 53 54 Also speaking for Ordinance No. 129-1984 was Mr. Tom Nigh of 220 South 22nd 55 Street, the President of the local SPUR. Mr. Nigh stated that the 56 Ordinance creates a control vehicle for the monitoring of the landfill 57 and allows for a landfill in an agricultural area with State approval. 58 If State approval is not received the area would remain agricultural. 59 60 Councilperson Morris thanked Mr. Nigh for the cooperation and input from 61 his organization in the development of this Ordinance. 62 63 Councilperson Elstro moved for engrossment of Amended Ordinance No. 129-1984, 64 seconded by Councilperson Brookbank and on unanimous voice vote the motion 65 was carried. 55 Common Council Minutes Cont 'd January 7, 1985 Page 7 1 Councilperson Elstro moved to suspend the rules and move Amended 2 Ordinance No. 129-1984 to third and final reading and read by title 3 only, seconded by Councilperson Parker and on unanimous voice vote 4 the motion was carried. 5 6 The Clerk read on third and final reading by title only Ordinance No. 7 129-1984 - AN ORDINANCE AMENDING ARTICLE 25 OF CHAPTER 154 OF THE MUNICIPAL • 8 CODE, BEING ORDINANCE NO. 2325-1968 , COMMONLY KNOWN AS THE ZONING 9 ORDINANCE OF THE CITY OF RICHMOND, INDIANA. 10 11 Amended Ordinance No. 129-1984 was adopted on the following vote: 12 13 Ayes: Elstro, Brookbank, Hankinson, Whitesell, Parker, Bodiker, Lemoine, 14 Morris and Williams. (9) 15 16 Nays: None 17 18 AMENDED ORDINANCE NO. 148-1984 19 20 The Clerk read on second reading Amended Ordinance No. 148-1984 - AN 21 ORDINANCE AMENDING CHAPTER 150 OF THE MUNICIPAL CODE, BEING ORDINANCE 22 NO. 1700-1958, COMMONLY KNOWN AS THE BUILDING CODE OF THE CITY OF RICHMOND, 23 INDIANA PROVIDING FOR THE REGISTRATION OF PLUMBING CONTRACTORS AND 24 REQUIRING THE OBTAINING OF A PERMIT PRIOR TO PERFORMING PLUMBING SERVICES. 25 26 Councilperson Whitesell moved to amend, Amended Ordinance No. 148-1984 27 as follows: Change the language in paragraph 323 as follows - Permits 28 Required. A Service Installation Permit shall be required for all 29 plumbing services performed with a total cost equal to or exceeding 30 Three Hundred Dollars ($300.00); and a Service Installation Permit 31 shall also be required for the installation of all water heaters . 32 Except in cases of emergency, the Service Installation Permit shall 33 be obtained in advance of performing any plumbing services. Councilperson 34 Elstro seconded the motion and on unanimous voice vote the motion was 35 carried. 36 37 Mr. Dooley explained that the $300.00 minimum fee was established to 38 be in confirmity with Building Permits . Mr. Tom Hill of 3451 Dorothy 39 Lane stated that $300.00 of service work would have to be fairly extensive. 40 He also stated that he is in favor of this Ordinance. Mr. Hill said 41 that with permits plumbers will have to be bonded and insured and a 42 trail would be created with the registration to assist with the correction 43 of any problems. 44 45 Speaking against was Mr. Rourke of Alpha Water Conditioning. Mr. 46 Rourke asked how this would affect his business and Councilperson Whitesell 47 stated that under definitions it does not include the sale or installation 48 of water conditioning equipment. The Ordinance as proposed would not 49 affect the water softening business. 50 51 Also speaking against Amended Ordinance No. 148-1984 was Mr. John Minnix. 52 He stated that the City already has the administrative authority to 53 inspect. He also said that the cost of the permits will eventually 54 cost the customer more and he would like to see something more specific 55 about what the permits are buying. He also questioned the ability 56 of the City to police or inspect every job done. 57 58 Mr. Minnix stated that the Plumbing Code covers all plumbing work done 59 and that since they are licensed through the State that the State should 60 police, but they do not. The Administrative Building Council can prosecute 61 anyone doing work without a license. Mr. Minnix also told the Council 62 that a person does not have to pay an unlicensed plumber for work or 63 materials as the law is now stated through the State. He feels the 64 public needs to be educated about unlicensed plumbers. 65 56 Council Minutes Cont'd January 7, 1985 Page 8 1 In response to Councilperson Whitesell, Mr. Dooley explained that the primary 2 reason for the Ordinance was to assure all persons performing plumbing 3 work would be licensed. He stated that the Planning Department has no 4 position on the Ordinance, but proposed the Ordinance after a meeting with 5 local plumbing contractors who seemed to feel that the registration was 6 necessary. Mr. Dooley told the Council that the purchase of a Building 7 Permit initiates inspections and that his department is. . already doing 8 these inspections, but it is impossible to police all. In larger jobs 9 they are aware of what 's going on. 10 11 Councilperson Parker asked about the fee for the permit and Mr. Dooley 12 explained that the permits would be issued on a rate of $2.00 per thousand 13 with a minimum charge of $15.00. Mr. Dooley also explained that the 14 water softener companies are exempted by State Law. 15 16 In response to Councilperson Morris, Mr. Dooley stated that the permits 17 would only be issued to those holding a state license. The registration 18 would give the City a chance to keep better records since there is not 19 a good line of communication from the State and the roster: of licensed 20 plumbers is not up to date. 21 22 Councilperson Elstro moved for engrossment of Amended Ordinane No. 148-1984, 23 seconded by Councilperson Hankinson and on unanimous voice vote the motion 24 was carried. 25 26 Councilperson Elstro moved to suspend the rules and move Amended Ordinance 27 No. 148-1984 to third and final reading and read by title only, seconded 28 by Councilperson Bodiker and on a voice vote with Councilperson Whitesell 29 voting no the motion was defeated. 30 31 UNFINISHED BUSINESS 32 33 President Williams told the Council that he would be making committee 34 assignments at the next meeting and any persons wishing to serve on a 35 particular committee should contact him. 36 37 Councilperson Elstro welcomed Marcus Cable of WKBV. 38 39 ADJOURNMENT 40 41 There being no further business, on a motion duly made, seconded and passed 42 the meeting was adjourned. 43 44 727 ajlYf'L_45 46 Marion Williams 47 President 48 5 50 yi) ATTEST: / R�fc�. 51 Mary M rcha thouse 52 City Clerk 53 5411/ 55 56 57 58 59 60 61 62 63 64 65