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
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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
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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
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