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HomeMy Public PortalAbout12-17-1984 39 PROCEEDINGS OF THE COMMON COUNCILI OF THE CITY OF RICHMOND, INDIANA, DECEMBER 17, 1984 1 The Common Council of the City of Richmond, Indiana, met in regular 2 session December 17, 1984 at the hour of 7:30 P.M. in the Council 3 Chambers in said City. President Elstro presided with the followings 11/ 4 members present: Councilpersons Williams, Brookbank, Hankinson, 5 Whitesell, Parker, Bodiker, Lemoine and Morris. Absent: None. 6 The following business was had to-wit: 7 8 PLEDGE OF ALLEGIANCE 9 10 SILENT DEVOTIONS 11 12 APPROVAL OF MINUTES OF DECEMBER 3, 1984 13 14 Councilperson Hankinson moved to approve the minutes of the previous 15 meeting as prepared, seconded by Councilperson Whitesell and on unanimous 16 voice vote the motion was carried. 17 18 REPORT FROM CITY DEPARTMENTS 19 20 Fire Department 21 22 Fire Chief Bosell showed the Council the slides of the Richmond Fire 23 Department taken by the National Fire Training Institute. The full 24 set of the slides will be available in the Chief's Office and the 25 Council was invited to view the slides. 26 27 REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY 28 29 In the absence of Ms. Maness, Mary Merchanthouse reported that the • 30 Board. had formed a study committee regarding the placement of USA 31 dispensers on City right of way. The Board also issued their Finding 32 of Fact on the request of the residents of the 300 Block of S.W. 33 1st to become a residential parking district and recommends that 34 the Council approve this request. The Board also made their acceptance 35 of final inspection and contract on the South L Street Project. 36 37 President Elstro requested that the Board uake the press and the 38 public aware of the fact that the Street Department is no longer 39 picking up leaves and that if they are raped in the gutters they 40 'will remain there. 41 42 REPORTS FROM STANDING COMMITTEES 43 44 Reid Hospital 45 46 Councilperson Brookbank reported that the Hospital Board had honored 47 Helen Liebert and made several appointments to the Board. 48 49 Art Council 50 51 Councilperson Lemoine reported that the steering committee discussed 52 an outline for a needs study in the forming of a new Art Council. 53 54 Park Board 55 56 Councilperson Bodiker reported that the last meeting of the Park 57 Board had been held at the SWAC House and there was a large _attendance. 58 The Board decided to accept Mayor Waltermann's proposal to offer 59 the consultant's contract to Don McBride for another year and to 60 advertise the job of Park Superintendent and to retain John Breese 61 as acting Park Superintendent for a period of ninety (90) days. 62 The Board also discussed the USA Today stands on the Promenade. 63 64 65 4o Common Council Minutes Cont'd December 17, 1984 Page 2 1 Airport 2 3 Councilperson Lemoine reported that on December 4, 1984 during the Manville 4 Warehouse facility opening the Airport pumped 9,200 gallons of jet fuel. 5 Mr. Hedges also received word that notification on the ILS Grant had been 6 postponed and January 7, 1985 would be the earliest they would receive 7 notice. 8 9 Plan Commission 10 11 Councilperson Morris stated that the Plan Commission would be meeting 12 December 18, 1984 at 7:30 P.M. in the Council Chambers and that the Ordinance 13 on the landfill were on the agenda. 14 15 Enterprise Zone 16 17 Councilperson Brookbank reported that talks had started with Bert Glazer 18 on a complex to be located within the Enterprise Zone and that Mosey 19 Manufacturing had put 100 people to work in the Enterprise Zone. 20 21 Councilperson Bodiker complimented Street Supervisor Bill Hillard on the 22 dinner and awards held for the employees of the Street Department. 23 24 MISCELLANEOUS BUSINESS 25 26 Date set for Special Meeting of Common Council 27 28 President Elstro announced there would be a special meeting of the Common 29 Council on December 27, 1934 at 7:00 P.M. in the Council Chambers. 30 31 Disclosure Statements for Revolving Loan Fund 32 33 The Clerk presented the Disclosure Statements of Councilperson Parker 34 and Bud Brady regarding any possible conflict of interest with their 35 appointments on the Economic Growth Development Revolving Loan Fund. 36 37 Committee of the Whole Meetings 38 39 President Elstro announced that meetings of the Committee of the Whole 40 would be set for January 3, 1985 for Cable TV, January 9, 1985 for Ordinances 41 No. 145 and 153-1984 and January 17,1985 for Ordinance No. 44-1984. These 42 meetings will be in the Board of Works Room and begin at 7:00 P.M. 43 44 Councilperson Morris requested a Committee of the Whole be set to discuss 45 the 911 issue with the County Commissioners and County Council since there 46 has been a total lack of action. The date of January 24, 1984 at 7:00 47 P.M. was set to discuss the 911 issue.: ,The' meeting, will be held in the 48 Board of Works Room in the Municipal Building. 49 50 Councilperson Morris stated that the members of the Council should express 51 their concerns to the Legislature on such possible financial losses to 52 Cities as Revenue Sharing and UDAG and make the State aware that they 53 must assist with these fundings. 54 55 ORDINANCES 56 57 ORDINANCES ON FIRST READING 58 59 Councilperson Whitesell moved to suspend the rules and read Ordinances 60 No. 152 and 153-1984 on first reading by title only, seconded by Councilperson 61 Williams and on unanimous voice vote the motion was carried. 62 63 64 65 41 Common Council Minutes Cont'd December 17, 1984 Page 3 1 THe Clerk read on first reading by title only Ordinance No. 152-1984 - 2, AN ORDINANCE DESIGNATING THE 300 BLOCK OF S.W. 1st STREET AS A RESIDENTIAL 3 PARKING PERMIT AREA AND AUTHORIZING THE CONDITIONAL ISSUANCE OF PARKING 11/ 4 PERMITS TO RESIDENTS OF SUCH AREA. 5 6 Councilperson Parker asked if in the future the designated traffic 7 study would be used to determine if the area meets the criteria to 8 become a residential parking district instead of using parking tickets 9 issued as was done in this case. Mr. Barden explained that this 10 was- the best way to get the statistics for this particular area and 11 in the future the traffic study would be used. 12 13 Councilperson Morris moved to suspend the rules and move Ordinance 14 No. 152-1984 to second reading, seconded by Councilperson Brookbank 15 and on unanimous voice vote the motion was carried. 16 17 The Clerk read on second reading Ordinace No. /52-1984 - AN ORDINANCE 18 DESIGNATING THE 300 BLOCK OF S.W. 1ST STREET AS A RESIDENTIAL PARKING 19 PERMIT AREA AND AUTHORIZING THE CONDITIONAL ISSUANCE OF PARKING PERMITS 20 TO RESIDENTS OF SUCH AREA. - 21 22 President Elstro announced that Ordinance No. 152-1984 was on public 23 hearing. 24 25 There being no public comment, Councilperson Hankinson moved for engrossment 26 of Ordinance No. 152-1984, seconded by Councilperson Whitesell and 27 on unanimous voice vote the motion was carried. 28 29 Councilperson Williams moved to suspend the rules and move Ordinance 30 no. 152-1984 to third and final reading and read by title only, seconded 31 by Councilperson Whitesell and on unanimous voice vote the motion 32 was carried. 33 34 The Clerk read on third and final reading by title only Ordinance 35 No. 152-1984 - AN ORDINANCE DESIGNATING THE 300 BLOCK OF S.W. 1ST 36 STREET AS A RESIDENTIAL PARKING PERMIT AREA AND AUTHORIZING THE CONDITIONAL' 37 ISSUANCE OF PARKING PERMITS TO RESIDENTS OF SUCH AREA. 38 39 Ordinance NO. 152-1984 was adopted on the following vote: 40 41 Ayes: Williams, Brookbank, Hankinson, Whitesell, Parker, Bodiker, 42 Lemoine, Morris and Elstro - (9) • 43 Nays: None 44 45 ORDINANCE NO. 153-1984 46 47 The Clerk read on first reading by title only Ordinance No. 153-1984 - 48 AN ORDINANCE AMENDING SECTION 130.01 OF THE RICHMOND CITY CODE AS 49 IT APPLIES IN THE CITY LIMITS; PROVIDING FOR PENALTIES THEREOF AND 50 PROHIBITING CERTAIN ACTS OF VANDALISM. 51 52 Mr. Barden noted that there was some mispelling that needed to be 53 corrected in Ordinance No. 153-1984. Councilperson Bodiker moved 54 to correct spelling as follows : The first paragraph (a) , line five 55 (5) change missile to missiles and page 2, second paragraph (a) , line 56 five (5) change missels to missiles, seconded by Councilperson Morris 57 and on unanimous voice vote the motion was carried. 58 59 Councilperson Whitesell commented that he had requested the City Attorney 60 to update the City's Ordinance regarding "BB-guns" and was sponsoring 61 the portion of this Ordinance dealing with this. He was not responsible 62 for the portions of this Ordinance dealing with the throwing of stones, 63 snowballs or the playing of ball on public streets, alleys or sidewalks. 64 65 Mr. Barden explained that the portion of the Ordinance dealing with 42- Common Council Minutes Cont 'd December 17, 1984 Page 4 1 the throwing of objects would clarify to the public whose responsibility 2 it becomes if something is damaged by the throwing of an object. 3 4 Councilperson Hankinson commented that it would be impossible to police 5 the section of the Ordinance dealing with the throwing of objects and moved 6 to delete paragraph (b) of the Section amending Section 130.06, seconded 7 by Councilperson Brookbank and on the following vote the motion was carried: 8 9 Ayes: Williams, Brookbank, Hankinson, Whitesell, Parker, Morris and 10 Elstro (7) 11 Nays: Bodiker and Lemoine (2) 12 13 Councilperson Parker moved to assign Ordinance No. 153-1984 to the Committee 14 of the Whole for further study, seconded by Councilperson Bodiker and on 15 vote :of .five f.5)• to: four _C4- the. motion *as..carried. 16 17 ORDINANCES ON SECOND READING 18 19 ORDINANCE NO. 115-1984 20 • 21 The Clerk read on second reading Ordinance NO. 115-1984 - AN ORDINANCE 22 VACATING A CERTAIN FIFTEEN (15) FOOT UTILITY EASEMENT WITHIN THE HENLEY 23 HILLS SUBDIVISION, SECTION TWO, IN THE CITY OF RICHMOND, INDIANA, LOCATED 24 BETWEEN LOTS 26, 27, and 28. 25 26 President Elstro announced Ordinance No. 115-1984 was on public hearing. 27 28 Speaking against Ordinance NO. 115-1984 was Charles Robinson, 3145 Lantern 29 Trail. Mr. Robinson told the Council that the petition that was previously 30 presented to the Council was carefully drawn up and was sponsored by a 31 concerned group from the affected neighborhood. Mr. Robinson stated that 32 he hoped the Council would make a decision on this request within the scope 33 of their authority and that would answer the concerns of the petitioners. 34 35 Also speaking against Ordinance No. 115-1984 was Peggy Merkin. Mrs . Merkin 36 expressed some concern on who sponsored the petition to vacate the utility 37 easement and was told that Frank and Theresa Lavallo had made the petition 38 for the vacation of the easement. 39 40 Councilperson Whitesell asked if the lot sizes of the remaining lots would 41 meet the minimum requirements. Mr. Dooley stated that Lot 26 would be 42 .6921 acres and Lot 27 would be .7347 acres. Lot sizes in Henley Hills 43 Subdivision vary from .69 acres to over an acre. 44 45 IN response to questions regarding future approval on redefining lot lines 46 and inprovements to the lots, the Council was informed that the owner 47 of the lots would need no approval from the City and that parcels of land 48 could be sold at any size, but that improvements to the property such as 49 structures would have to be approved by Humphrey Builders . 50 51 Councilperson Whitesell asked if this Ordinance could be amended to include 52 other provisions and Mr. Barden stated only if they fell within the zoning 53 ordinance. The restrictive covenants of the division cannot be enforced 54 by the City. 55 56 Councilperson Whitesell further stated that acting upon only what the ordinance 57 states creates difficulty for the neighborhood and he would considering 58 the feelings of the petitioners against the Ordinance and the individual 59 effect on the neighborhood. 60 61 Councilperson Parker stated that since the utility companies have no use 62 for the easement that the regeusted vacation really has no impact. 63 64 Councilperson Bodiker asked if there were legal reasons to deny the vacation 65 and Mr. Barden stated not at this time. 43 Common Council Minutes Cont 'd December 17, 1984 Page 5 Mr. Barden told the Council that failure to vacate the utility ease- 2 went would not stop another utility company from claiming easement 3 rights even though the existing utilities have no need for the easement. 11/ 4 Mr. Barden stated that the vacation could legally be denied if the 5 easement was already in use or it was the only way to get utilities 6 across the land. 7 8 Councilperson Morris told the Council that they should take into consid- 9 eration the theory of highest and best use of the land and she feels 10 that in this case the vacation could effect surrounding property values 11 and other property owners. 12 13 Councilperson Bodiker stated that he feels this vacation does not violate 14 the civil rights of other property owners, but by denying it the Council 15 could be violating the civil rights of the petitioners. 16 17 Councilperson Lemoine moved for engrossment of, Ordinance No. 115-1984, 18 seconded by Councilperson Bodiker and on unanimous voice vote the motion 19 was carried. 20 21 Councilperson Lemoine moved to suspend the rules and move Ordinance 22 No. 115-1984 to third and final reading and read by title only, seconded 23 by Councilperson Hankinson and on unanimous voice vote the motion was 24 carried. 25 26 The Clerk read on third and final reading by title only Ordinance No. 27 115-1984 - AN ORDINANCE VACATING A CERTAIN FIFTEEN (15) FOOT UTILITY 28 EASEMENT WITHIN THE HENLEY HILLS SUBDIVISION, SECTION TWO, IN THE CITY 29 OF RICHMOND, INDIANA, LOCATED BETWEEN LOTS 26, 27 and 28. 30 31 Ordinance No. 115-1984 was defeated by the following vote: 32 33 Ayes: Bodiker and Lemoine (2) 34 Nays: Williams, Brookbank, Hankinson, Whitesell, Parker, Morris and 35 Elstro (7) 36 37 AMENDED ORDINANCE NO. 148-1984 38 39 The Clerk read on second reading Amended Ordinance No. 148-1984 - 40 AN ORDINANCE AMENDING CHAPTER 150 OF THE MUNICIPAL CODE, BEING ORDINANCE 41 NO. 1700-1958, COMMONLY KNOWN AS THE BUILDING CODE OF THE. CITY OF RICHMOND, 42 INDIANA PROVIDING FOR THE REGISTRATION OF PLUMBING CONTRACTORS AND 43 REQUIRING THE OBTAINING OF A PERMIT PRIOR TO PERFORMING PLUMBING SERVICES. 44 45 Mr. -Barden examined the Proof of Publication and found it to. be in 46 order. Councilperson Williams moved .to accept and file the Proof of 47 Publication, seconded by Councilperson Whitesell and on unanimous voice 48 vote the motion was carried. 49 50 President Elstro announced Ordinance No. 148-1984 was on public hearing. 51 52 Speaking in favor of Ordinance No. 148-1984 was Dan.Dooley. Mr. Dooley 53 explained that a meeting was held earlier with heating and plumbing 54 contractors and the sentiment of the community was that plumbing 55 contractors should register with the City. It is the responsibility 56 of the State for licensing and the State allows the registration of 57 these contractors to facilitate inspections and control such installations 58 as water heaters. Mr. Dooley explained that the Ordinance consisted 59 of three (3) sections and defines plumbing and non-plumbing services. 60 The Ordinance also establishes a $10.00 registration fee to cover 61 administrative costs and will be enforced by the Planning Department. 62 63 In response to Councilperson Whitesell, Mr. Dooley explained that the 64 contractors must obtain an installation permit for each job and that 65 will fall under the City's permit schedule and that in event of emergencies Common Council Minutes Cont'd December 17, 1984 .. Page 6 1 permits can be secured as soon as possible. 2 3 Councilperson Lemoine asked Mr. Dooley if persons doing work in own homes 4 would need to obtain an installation permit and if so should there be 5 permit fees established to fit the job being performed. She also questioned 6 regarding plumbers from Ohio. Mr. Dooley stated that he believes there 7 are reciprocal agreements between Indiana and Ohio and that the Ordinance 8 leaves a lot to intrepretation regarding fee scheduling, but that they 9 are particularly concerned with inspections on hot water heater 10 installations. 11 12 Also speaking in favor of Ordinance No. 148-1984 was Tom Hill of 3451 13 Dorothy Lane. Mr. Hill stated that he was in favor of the Ordinance and 14 would like to see it passed. He felt that the City has no real way to 15 check licensing credentials to protect persons from plumbers that would 16 not be licensed and therefore not bonded or insured for liability. If 17 the City would register plumbing contractors and they would need to be 18 licensed before being registered it would clear up this situation. 19 20 Fire Chief Bosell commented that the licensing does help protect persons, 21 but that there is no local authority in the matter and he would like to 22 see the Ordinance passed. 23 24 Councilperson Whitesell stated that he was opposed to using the fee schedule 25 beginning with a minimum $15.00 permit and would like to see another fee 26 schedule developed for this Ordinance based on the dollar level of the 27 project. 28 29 Mr. Hill also stated that the contractors would like to see a list of all 30 jobs requiring installation permits. 31 32 Councilperson Whitesell requested this Ordinance remain on second reading 33 for the development of an appropriate level of fees to be asserted into 34 the Ordinance. 35 36 Also speaking for Ordinance No. 148-1984 was Mr. Phil Almadeo representing 37 the National Association of Heating and Plumbing Contractors. He asked 38 the Council for a favorable recommendation on this Ordinance. 39 40 Also speaking in favor of this Ordinance was the Executive Director of 41 the State Licensing Agency. He congratulated the _ City on their 42 efforts and stated that his agency will assist with any policing. 43 44 The Ordinance will remain on second reading for a fee structure to be 45 developed. 46 47 ORDINANCE NO. 150-1984 48 49 The Clerk read on second reading Ordinance No. 150-1984 - AN ORDINANCE 50 RATIFYING THE 1985 BUDGET OF THE RICHMOND SANITARY DISTRICT, AS ADOPTED 51 BY THE BOARD OF SANITARY COMMISSIONERS FOR THE SEWER UTILITY, THE SOLID 52 WASTE FUND AND THE BOND SINKING FUND. 53 54 President Elstro announced Ordinance No. 150-1984 was on public hearing. 55 56 Speaking for Ordinance No. 150-1984 was Jerald Judge, Administrator_of 57 the Sanitary District, explained that the Ordinance includes both the budgets 58 of the Solid and Liquid Wastes and the bond debt. 59 60 In response to Councilperson Whitesell, Mr. Judge explained that some of 61 the line items will have to be adjusted as the District assumes billing 62 resonsibilities and also that legal fees regarding the plant expansion 63 are in these budgets to clear up this matter. 64 65 Councilperson Bodiker moved for engrossment of Ordinance No. 150-1984, 45 Common Council Minutes Cont 'd December 17, 1984 Page 7 1 seconded by Councilperson Brookbank and on unanimous voice vote the 2 motion was carried. 3 4 Councilperson Hankinson moved to suspend the rules and move Ordinance 5 No. 150-1984 to third and final reading and read by title only, seconded 6 by Councilperson Bodiker and on unanimous voice vote the motion was 7 carried. 8 9 The Clerk read on third and final reading by title only Ordinance No. 10 150-1984 - AN ORDINANCE RATIFYING THE 1985 BUDGET OF THE RICHMOND 11 SANITARY DISTRICT, AS ADOPTED BY THE BOARD OF SANITARY COMMISSIONERS 12 FOR THE SEWER UTILITY, THE SOLID WASTE FUND AND THE BOND SINKING FUND. 13 14 Ordinance No. 150-1984 was adopted by the following vote: 15 16 Ayes: Williams, Brookbank, Hankinson, Whitesell, Parker, Bodiker, 17 Lemoine, Morris and Elstro (9) 18 Nays: None 19 20 NEW BUSINESS 21 22 Councilperson. Parker presented the Council with a petition from 125 23 residents regarding Ordinance No. 145 asking to have animals added 24 to the ordinance that are not currently included. 25 26 President Elstro told the members of the Council that he has been pleased 27 with the work accomplished this year. He stated that he felt the Council 28 had learned a lot and still had much unfinished business. 29 30 Councilperson Bodiker presented the various members of the Council 31 and Department Heads with Christmas gifts. He also thanked President 32 Elstro for being patient and helpful the past year. 33 34 ADJOURNMENT 35 36 There being no further business on.a motion duly made, seconded and 37 passed the meeting was adjourned. 38 39 Howard J. Elstro 40 President 41 42 ATTEST: Mary Merchanthouse 43 City Clerk 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 46 I I 1