HomeMy Public PortalAbout10-15-1984 11
PROCEEDINGS OF THE COMMON COUNCIL OF THE
CITY OF RICHMOND, INDIANA, OCTOBER 15, 1984
The Common Council of the City of Richmond, Indiana, met in regular session
October 15, 1984 at the hour of 7:30 P.M. in the Council Chambers in the
Municipal Building in said City. President Elstro presided with the followirg
members in attendance: Councilpersons Williams, Brookbank, Hankinson,
Whitesell, Parker, Bodiker, Lemoine and Morris. Absent: none. The followirg
business was had to-wit:
r PLEDGE OF ALLEGIANCE
1; SILENT DEVOTIONS
1
1 APPROVAL OF MINUTES OF OCTOBER 1, 1984
1
1 Councilperson Hankinson moved to approve the minutes of the previous meeting
1' as prepared, seconded by .Councilperson Parker and on unanimous voice vote
1; the motion was carried.
1
1 COMMUNICATIONS FROM THE MAYOR
1
2 In the absence of Mayor Waltermann, who was :attending a conference in
2 Chicago regarding exporting with JAPTA, Ms. Maness introduced Rita Stout the
2 new purchasing director and Mr. John Harmon, City Editor with the Palladium
2 Item.
2
2 Ms. Maness stated that the 1983 Annual Reports had been given to the members
2 of Council. She also noted that the paving on state highways throughout
qthe City would be started the forth week of October instead of the second
dueL:to weather and equipment beingat- another location.
2 .
3 Ms. Maness also reported on the injured police officer and the K-9 dog.
31 Both are satisfactory and will be returning to work at a later date.
3
33 REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY
3
3 Ms. Maness presented the Council with a financial status of the City as of
3 September 30, 1984.
37
3 Councilperson Lemoine asked regarding the Police Reserve Program and if the
39 information she requested was available.
41+
41 Chief :Nimitz: reported that age requirements of the Reserves were 21 to 45
42 and that currently there were sixteen (16) reserves. The Chief stated
43 that they are required to have 160 hours of classroom training, 100 hours
4 of on duty training, 20 hours in the communications room and 40 hours
45 for fire arms qualifications.
46
47 In regards to hiring of reserves, applications are submitted to a committee
48 and Captain Farmer with all minimum requirements to be met. The officers
49 have full police powers while on duty.
50
51 Councilperson Hankinson asked about the nature of screening applicants and
52 Chief Nimitz explained that the applications resemble those used for
53 regular officers and, that the applicants are only exempted from poly-
5 graph and PSE exams. In the future new reserves will probably have to take '
55 either polygraph or PSE. Physicals are at the expense of the reserve.
56
57 In response to Councilperson Morris, Chief Nimitz stated that the number
58 30 had been set in the past for the number of reserves allowed and the
59 Chief would like to achieve that number in the future.
60
61 REPORT BY CHIEF NIMITZ ON INJURED POLICE OFFICER
62
63 Chief Nimitz reported that Officer Hobson was doing fine and that he nearly
64 had an ear amputated. Officer Hobson will be returning in a week or two.
65 The K-9 Dog received a puncture wound to the head and a leg injury.
2
Common Council Minutes Cont'd
October 15, 1984
Page 2
1 Councilperson Parker asked Chief Nimitz if any consideration had been given
2 to public commendations for the Officers that rescued . Officer Hobson and
3 the K=9 dog from the wrecked vehicle. The Chief stated that they were
4 looking into a Badge of Valor to be presented.
5 III-
6 REPORT ON 911 AND CENTRAL COMMUNICATIONS
7
8 Councilperson Morris questioned Chief Nimitz regarding the status of the
9 911 System and the interlocal agreement with the County for the Central
10 Communications System.
11
12 Chief Nimitz explained that the City is ready to go with 911 and all he
13 needs is directive from the Board of Works or the Common Council. He
14 explained that Mayor Waltermann had already committed the City to the
15 Central Communications at a meeting of the County Commissioners earlier this
1 year.
17
1 Councilperson Morris asked if any financial or logistical argeements had been
1 reached between the City and County regarding Central Communications. The
2 Chief explained that he was still waiting on a written committment from the
2 City and an Agreement between the City and County. Councilperson Morris
2 explained that the logistics would have to be worked out between Sheriff
2 Davis and Chief Nimitz.
2
2 Chief Nimitz stated that the 911 telephone system can ,be put into effect
2 immediately within the City and that the County can implement that system
2 at a later date. Chief Nimitz told the Council that a final decision needs
28 to be made ' directive issued to him regarding how to proceed.
25
III
3 Ms. Maness explained that this issue was one of confusion for the Board of
3 Works. They were not certain if decisions were to be made on the 911
3 telephone system alone or on the Central Communications System.
3 6
3 REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY CON'T
3
3 Ms. Maness continued her report from the Board of Public Works and Safety
3 stating that the Board had approved the hiring of one firefighter,and set `.
38 a Cable TV Complaint Policy.
3c
49 Councilperson Williams asked Mr. Barden about the status of a Court case
4 regarding Glazer Scrap. Mr. Barden will follow up on this and report back
4 to the Council.
4
REPORT FROM STANDING COMMITTEES
4
4 Reid Hospital Board
4
4 Councilperson Brookbank reported she had attended a disaster drill to view
4 hospital readiness.
5
5 ' Art Council
5
5 Councilperson Morris announced that she is serving on a steering committee
5 to create a new Arts Council. They are working on needs and types of III
5 projects in order to be beneficial to all arts groups.
5'
5 Plan Commission
5
5 Councilperson Morris reported that there wAs_ a special meeting of the
61 Plan Commission for the purpose of a public hearing on the landfill rezoning
6 and that the case has been continued for sixty (60) days for the outcome of
6 geological studies.
6
. 6;
65
3
Common Council Minutes Cont'd
October 15, 1984
Page 3
1 MISCELLANEOUS BUSINESS . •
2
111 3 Councilperson Bodiker asked a question regarding the rules of the Council
4 and the fact that it states that Ordinances:.and Resolutions need to be
5 introduced by a member of the Council. Councilperson Bodiker moved that
6 in the future the name of the sponsor of the Ordinance or Resolution and
7 the author of same appear on the Agenda of the Common Council, seconded
8 by Councilperson Parker and• on a ..call of the-roll .the:.follox4ing vote ..was
9 recorded:
10
11 Ayes: Williams, Brookbank, Hankinson, Whitesell, 'Parker, Bodiker, Lemoine,
12 Morris and Elstro (9)
13 Nays: None
14
15 Mr. Barden explained that some time Ordinances are initiated by Department
16 Heads .through Council requests and President Elstro stated that he will
17 be responsible for sponsoring Ordinances such as financial and other that
18 will need a sponsor.
19 •
20 RESOLUTIONS
21
22 Councilperson Bodiker moved to read Resolutions No. 27, 28, 29 and 30-1984
23 by title only, seconded by Councilperson Morris and on unanimous voice vote
24 the motion was carried.
25
26 RESOLUTION NO. 27-1984
27
28 The Clerk read by title only Resolution No. 27-1984 - A RESOLUTION
29 AUTHORIZING THE CITY OF RICHMOND, INDIANA TO MAKE FULL APPLICATION FOR A
30 COMMUNITY IMPROVEMENT PROGRAM GRANT, AND AUTHORIZING THE MAYOR TO SIGN AND
31 SUBMIT SUCH FULL APPLICATION TO THE COMMUNITY ECONOMIC DEVELOPMENT .COMMISSIOD
32 OF THE INDIANA DEPARTMENT OF COMMERCE.
33
34 CouncilpersonsWilliams and. Parker requested permission from the Council
35 to abstain from participating in and voting on Resolution No. 27-1984
36 since their respective businesses were involved in this grant.
37 .
38 Councilperson Lemoine moved to allow Councilpersons Williams and Parker to
39 abstain on Resolution No: 27-1984, seconded by Councilperson Whitesell and
40 on unanimous voice vote the motion was carried.
41
42 Councilperson Whitesell asked if repaid funds from this grant will. be
43 administered by the Board for the Revolving Loan Fund for the City.
44
45 Ms. Maness stated that these funds will be receipted into the Revolving
46 Loan Fund and will fall under the guidelines established by Council for
47 loans from the City to businesses.
48
49 Councilperson Whitesell asked if the grant was limited to only those
50 businesses listed and Ms. Maness stated those are the ones showing interest
51 to date and others can participate.
52
53 Councilperson Lemoine asked if businesses in the Enterprise Zone have
54 priority and Ms. Maness stated that all applicants will be treated
55 equally •
56 •
57 Speaking for Resolution -No. 271984 was Mr. Rick Freeman of 1607.Reeveston
58 Road. Mr. Freeman stated that these funds would involve no priority on
59 location, but they would identify businesses needing financial assistance
60 for expansion and then use the guidelines to. loan the money as established
61 by Ordinance on the Revolving Loan. Fund.
62
63 Mr. Freeman told the Council that if this application is approved it should
64 create 272 to 452 jobs over a three year period with a total investment of
65 2,900,000.00 to 5,700,000.00 between private funds and grant funds.
4
Common Council Minutes Cont'd
October 15, 1984
Page 4
1 Councilperson Hankinson moved for adoption of Resolution No. 27-1984,
2 seconded by Councilperson Whitesell and on a voice vote with Councilpersons
3 Williams and Parker abstaining the motion was carried.
4
5 RESOLUTION NO. 28-1984 -
6
7 The Clerk read by title only Resolution No. 28-1984 - A RESOLUTION
8 ESTABLISHING THE HOLIDAYS FOR CITY EMPLOYEES NOT COVERED BY UNION CONTRACT,
9 WORKING AGREEMENTS OR OTHER GOVERNING BOARD FOR THE YEAR 1984, ESTABLISHING
10 THE TRAVEL REIMBURSEMENT RATE FOR CITY EMPLOYEES, AND MAKING A DEPARTMENTAL
11 CHANGE IN THE OFFICE OF THE CITY ATTORNEY.
12
13 President Elstro asked if the City Attorney does work for RP&L and the
14 Sanitary District and Mr. Barden explained that his office was changed from
15 part time to full time in order for him to cover RP&L and the Sanitary
16 District and that the organization ordinance did not reflect this change to
17 justify the salary change.
18
19 Ms. Maness explained that the State Board of Accounts requires that Holidays
20 and travel reimbursement be ratified by the Council by Resolutieaafter the
21 proper Board or Commission establishes these holidays and reimbursements.
22
23 In response to Councilperson Hankinson, Ms. Maness stated that Richmond
24 Power & Light was not included in this resolution. This resolution applies
25 to employees of the Civil City and the Sanitary District only.
26
27 Councilperson Hankinson moved for adoption of Resolution No. 28-1984,
28 seconded by Councilperson Brookbank and on unanimous voice vote the motion
29 was carried.
30
31 RESOLUTION NO. 29-1984
32
33 The Clerk read by title only Resolution No. 29-1984 - A RESOLUTION OF THE
34 CITY OF RICHMOND, INDIANA TO PLEDGE SUPPORT AND COOPERATION TO THE INTER-
35 NATIONAL CITIES PROGRAM.
36
37 Ms. Maness explained that this was in connection with programs through the
38 State Department of Commerce and established lines of communications with
39 foreign countries for possible exporting of goods.
40
41 Councilperson Parker asked if there were fees involved and was told none
42 were involved.
43
44 Councilperson Hankinson moved for adoption of Resolution No. 29-1984,
45 seconded by Councilperson Parker and on unanimous voice vote the motion
46 was carried.
47
48 RESOLUTION NO. 30-1984
49
50 The Clerk read by title only Resolution No. 30-1984 A RESOLUTION OF THE
51 CITY OF RICHMOND, INDIANA PLEDGING ITS SUPPORT AND COOPERATION TO THE
52 REGISTERED CITIES AND TOWNS PROGRAM.
53
54 It was explained that this Resolution was a formality required to submit
55 grant applications such as the one we are submitting on the Community
56 Improvement Program and also allows the City of Richmond to be listed through
57 the State Department of Commerce for businesses interested in locations to
58 build.
59
60 Councilperson Hankinson moved for adoption of Resolution No. 30-1984,
61 seconded by Councilperson Morris and on unanimous voice vote the motion was
62 carried.
63
64
65
5
Common Council Minutes Cont'd
October 15, 1984
Page 5
1 ORDINANCES
2
3 ORDINANCES ON FIRST READING
4
5 Councilperson Morris moved to suspend the rules and read Ordinances No.
6 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, and 132-
7 1984 on first reading by title only, seconded by Councilperson Williams
8 and on unanimous voice vote the motion was carried.
9
10 ORDINANCE NO. 119-1984
11
12 The Clerk read on first reading by title only Ordinance No. 119-1984 - AN
13 ORDINANCE TO TRANSFER WITHIN THE GENERAL FUND.
14
15 Chief Nimitz explained that this ordinance is needed to cover the cost of
16 washing police cars on a contractual agreement.
17
18 Councilperson Whitesell moved to suspend the rules and move Ordinance No.
19 119-1984 to second reading seconded by Councilperson Morris and on
20 unanimous voice vote the motion was carried.
21
22 The Clerk read on second reading Ordinance No. 119-1984 - AN ORDINANCE TO
23 TRANSFER WITHIN THE GENERAL FUND.
24
25 President Elstro announced Ordinance No. 119-1984 was on public hearing.
26
27 Hearing no comment, -Councilperson Lemoine moved for engrossment of
28 Ordinance No. 119-1984, seconded by Councilperson Morris and on unanimous
29 voice vote the motion was carried.
30
31 Councilperson Williams moved to suspend the rules and move Ordinance No. 119-
32 1984 to third and final reading and read by title only, seconded by
33 Councilperson Parker and on unanimous•voice vote the motion was carried.
34 "'The Clerk read Ordinance, No. 119-198.4 on third reading.
35 Ordinance No. 119-1984 was adopted on the following vote:
36
37 Ayes: Williams, Brookbank, Hankinson, Whitesell, Parker, Bodiker, Lemoine;
38 Morris and Elstro (9)
39 Nays: None
40
41 ORDINANCE NO. 120-1984
42
43 The Clerk read on first reading by -title only Ordinance No. 120-1984 - AN
44 ORDINANCE TO TRANSFER WITHIN THE GENERAL FUND.
45
46 Councilperson Whitesell moved to suspend the rules and move Ordinance No.
47 120-1984 to second reading, seconded by Councilperson Hankinson and on
48 unanimous voice vote the motion was carried.
49
50 The Clerk read on second_ reading Ordinance No. 120-1984 - AN ORDINANCETO
51 TRANSFER WITHIN THE GENERAL FUND.
52
53 President Elstro announced Ordinance No. 120-1984 was on public hearing.
54
55 There being no public comment, Councilperson Lemoine moved for engrossment
56 of Ordinance No. 120-1984, seconded by Councilperson Parker and on
57 unanimous voice vote the motion was carried.
58
59 Councilperson Williams moved to suspend the rules and move Ordinance No. 120-
60 1984 to third and final reading and read by title only, seconded by
61 Councilperson Whitesell and on unanimous voice vote the motion was carried.
62
63 The Clerk read on third and final reading by title only Ordinance No. 120-
64 1984 - AN ORDINANCE TO TRANSFER WITHIN THE GENERAL FUND.
65
s
Common Council Minutes Cont'd
October 15, 1984
Page 6
1 Ordinance No. 120-1984 was adopted with the following vote:
2
3 Ayes: Williams, Brookbank, Hankinson, Whitesell, Parker, Bodiker, Lemoine,
4 Morris and Elstro (9)
5 Nays: - None
6
7 ORDINANCE NO. 121-1984
8
9 The Clerk read on first reading by title only Ordinance No. 121-1984 - AN
10 ORDINANCE TO TRANSFER WITHIN THE GENERAL FUND.
11
12 Councilperson Whitesell moved to suspend the rules and move Ordinance No.
13 121-1984 to second reading, seconded by Councilperson Brookbank and on
14 unanimous voice vote the motion was carried.
15
16 The Clerk read on second reading by title only Ordinance No. 121-1984 - AN
17 ORDINANCE TO TRANSFER WITHIN THE GENERAL FUND.
18
19 President Elstro announced Ordinance No. 121-1984 was on public hearing.
20
21 There being no public comment, Councilperson Hankinson moved for engrossment
22 of Ordinance No. 121-1984, seconded by Councilperson Brookbank and on
23 unanimous voice vote the motion was carried.
24
25 Councilperson Williams moved to suspend the rules and move Ordinance No. 121-
26 1984 to third and final reading and read by title only, seconded by
27 Councilperson Morris and on unanimous voice vote the motion was carried.
28
29 The Clerk read on third and final reading by title only Ordinance No. 121-
30 1984 - AN ORDINANCE TO TRANSFER WITHIN THE GENERAL FUND.
31
32 Ordinance No. 121-1984 was adopted on the following vote:
33
34 Ayes: Williams, Brookbank, Hankinson, 'Whitesell, Parker, Bodiker, Lemoine,
35 Morris and Elstro (9)
36 Nays: None
37
38 ORDINANCE NO. 122-1984
39
40 The Clerk read on first reading by title only Ordinance No. 122-1984 - AN
41 ORDINANCE TO TRANSFER WITHIN TIE PUBLIC TRANSIT FUND.
42
43 Councilperson Whitesell moved to suspend the rules and move Ordinance No.
44 122-1984 to second reading, seconded by Councilperson Brookbank and on
45 unanimous voice vote the motion was carried.
46
47 The Clerk read on second reading Ordinance No. 122-1984 - AN ORDINANCE TO
48 TRANSFER WITHIN THE PUBLIC TRANSIT FUND.
49
50 BresidentElstro announced Ordinance No. 122-1984 was on public hearing.
51
52 Hearing no comment, Councilperson Lemoine moved for engrossment of
53 Ordinance No. 122-1984, seconded by Councilperson Morris and on unanimous
54 voice vote the motion was carried.
55
56 Councilperson Williams moved to suspend the rules and move Ordinance No. 122-
57 1984 to third and final reading and read by title only, seconded by
58 Councilperson Hankinson and on unanimous voice vote the motion was carried.
59
60 The Clerk read on third and final reading by title only Ordinance No. 122-
61 1984 - AN ORDINANCE TO TRANSFER WITHIN THE PUBLIC TRANSIT FUND.
62
63 Ordinance No. 122-1984 was adopted with the following vote:
64
65 Ayes: Williams, Brookbank, Hankinson, Whitesell, Parker, Bodiker, Lemoine,
66 Morris and Elstro (9)
67 Nays: None
7
Common Council Minutes Con't
October 15, 1984
Page 7
1 ORDINANCE NO. 123-1984
2
3 The Clerk read on first reading by title only Ordinance No. 123-1984 - AN
4 ORDINANCE TO TRANSFER WITHIN THE AIRPORT FUND.
5
6 Councilperson Morris moved to suspend the rules and move Ordinance No. 123-
7 1984 to second reading, seconded 'by Councilperson Whitesell and on.
8 unanimous voice vote the motion was carried.
9
10 The Clerk read on second reading Ordinance No. 123-1984 - AN ORDINANCE TO
11 TRANSFER WITHIN THE AIRPORT FUND.
12
13 President Elstro announced Ordinance No. 123-1984 was on public hearing.
14
15 Ms. Maness stated that l0,000.00of the transfer will be used to restore the
16 line item taxes to a positive balance.
17
18 Hearing no further comment, Councilperson Hankinson moved for engrossment
19 of Ordinance No. 123-1984, seconded by Councilperson Brookbank and on
20 unanimous voice vote the motion was carried.
21
22 Councilperson Hankinson moved to suspend the rules and move Ordinance No.
23 123-1984 to third and final reading and read by title only, seconded by
24 Councilperson Whitesell and on unanimous voice vote the motion was carried.
25
26 The Clerk read on third and final reading by title only Ordinance No. 123-
27 1984 - AN ORDINANCE TO TRANSFER WITHIN THE AIRPORT FUND.
28
29 Ordinance No. 123-1984 was adopted on the following vote:
30
31 Ayes: Williams, Brookbank, Hankinson, Whitesell, Parker, Bodiker, Lemoine,
32 Morris and Elstro (9)
33 Nays: none
34
35 ORDINANCE NO. 124-1984
36
37 The Clerk read on".first .reading by title only Ordinance No. 124-1984 - AN
38 ORDINANCE TO APPROPRIATE WITHIN THE AIRPORT FUND.
39
40 President Elstro announced Ordinance No. 124-1984 has to be advertised.
41
42 ORDINANCE NO. 125-1984
43
44 The clerk read on first reading by title only Ordinance No. 125-1984 - AN
45 ORDINANCE TO TRANSFER WITHIN THE PARK FUND.
46
47 Councilperson Whitesell moved to suspend the rules and move Ordinance No.
48 125-1984 to second reading, seconded by Councilperson Brookbank and on
49 unanimous voice vote the motion was carried.
50 . .
51 The Clerk read on second reading by title only Ordinance No. 125-1984 - AN
52 ORDINANCE TO TRANSFER WITHIN THE PARK FUND.
53
54 President Elstro announced Ordinance No. 125-1984 was on public hearing.
55
56 Councilperson Whitesell expressed his concern over the Park Department
57 budget and Ms. Maness explained that due to past purchasing practices the
58 Park was having to pay fifteen (15) months of bills in twelve (12) months.
59 She stated that since purchasing practices have changed the Park should be
60 able to start January of 1985 with a twelve (12) month budget to operate
61 with. She also commented that all departments were having problems meeting
62 utility bills.
63
64 There being no further comment, Councilperson Hankinson moved for engrossment
65 of Ordinance No. 125-1984, seconded by Councilperson Whitesell and on
8
Common Council Minutes Cont'd
October 15, 1984
Page 8
1 unanimous voice vote the motion was carried.
2
3 Councilperson Morris moved to suspend the rules and move Ordinance No. 125-
4 1984 to third and final reading and read by title only, seconded by
5 Councilperson Whitesell and on unanimous voice vote the motion was carried.
6
7 The Clerk read on third and final reading by title only Ordinance No. 125-
8 1984 - AN ORDINANCE TO TRANSFER WITHIN THE PARK FUND.
9
10 Ordinance No. 125-1984 was adopted on the following vote:
11
12 Ayes: Williams, Brookbank, Hankinson, Whitesell, Parker, Bodiker, Lemoine,
13 Morris and Elstro (9)
14 Nays: None
15
16 ORDINANCE NO. 126-1984
17
18 The Clerk read on first reading by title only, Ordinance No. 126-1984 - AN
19 ORDINANCE ADOPTING 610 I.A.C. 5-1-13 OF THE INDIANA ADMINISTRATIVE CODE AS
20 SECTION 96.13 OF THE RICHMOND CITY CODE, PERTAINING TO EXCAVATIONS IN
21 STREETS AND SIDEWALKS.
22
23 President Elstro announced Ordinance No. 126-1984 has to be advertised for
24 public hearing.
25
26 ORDINANCE NO. 127-1984
27
28 The Clerk read on first reading by title only, Ordinance No. 127-1984 - AN
29 ORDINANCE REGULATING PERSONAL PROPERTY SALES IN RESIDENTIAL ZONING DISTRICTS;
30 DEFINING GARAGE SALES; REQUIRING A PERMIT AND THE FILING OF A WRITTEN
31 STATEMENT BY THE INDIVIDUAL HOLDING SUCH SALE; ESTABLISHING A PERMIT FEE
32 THEREFORE; LIMITING THE NUMBER OF GARAGE SALES PER YEAR; LIMITING THE HOURS
33 AND DURATION OF SALE; REGULATING DISPLAY OF SALE PROPERTY; PROVIDING FOR
34 ADVERTISING AND SIGN RESTRICTIONS; GRANTING THE CITY INSPECTION RIGHTS TO THE
35 PREMISES; REGULATING PARKING; NOTING CERTAIN PERSONS OR SALES EXEMPTED FROM
36 THE TERMS OF THIS ORDINANCE; AND PROVIDING THE PENALTIES.
37
38 Councilperson Hankinson moved to assign Ordinance No. 127-1984 to the
39 Committee of the Whole to inable more public input, seconded by Councilperson
40 Brookbank and on unanimous voice vote the motion was carried.
41
42 Councilperson Williams will set the date for the Committee of the Whole at
43 the November 5, 1984 meeting of the Common Council.
44
45 Councilperson Lemoine requested that Ordinance No. 44-1984 regarding transient
46 vendors be on the Committee of the Whole with the Garage Sale Ordinance
47 since they were computable- ordinances.
48
49 Councilperson Hankinson stated that he felt the meeting should not be
50 cluttered with both since the garage sale ordinance involved individual
51 households and the transient vendor ordinance does not deal with as many
52 people.
53
54 Mr. Barden stated he has some proposed changes for the transient vendor
55 ordinance and that possibly they could be combined into one (1) ordinance.
56
57 President Elstro announced Ordinance No. 127-1984 has to be advertised for
58 public hearing.
59
60 ORDINANCE NO. 128-1984
61
62 The Clerk read on first reading by title only Ordinance No. 128-1984 - AN
63 ORDINANCE AUTHORIZING THE POLICE DEPARTMENT OR THE FIRE DEPARTMENT TO REMOVE
64 AND TOW ANY VEHICLES WHICH MAY CONSTITUTE AN IMMEDIATE HAZARD BY WAY OF
65 OBSTRUCTION.
9
Common Council Minutes Cont'd
October 15, 1984
Page 9
1 Councilperson Parker asked Mr. Barden why this ordinance was needed and Mr.
2 Barden explained that it releases police and fire from any liability over
3 the towing.
4
5 Councilperson Parker asked Mr. Barden if this extends to private property
6 such as fire lanes at shopping centers and Mr. Barden stated that vehicles
7 can be towed on these lots immediately if an emergency exists.
8
9 Councilperson Parker stated that he wants the fire lanes cleared.
10 .
11 President Elstro announced Ordinance No. 128-1984 has to be advertised for
12 public hearing.
13
14 ORDINANCE NO.129-1984
15
16 The Clerk read on first reading by title only Ordinance No. 129-1984 - AN
17 ORDINANCE AMENDING ARTICLE 25 OF CHAPTER 154 OF THE MUNICIPAL CODE, BEING
18 ORDINANCE NO. 2325-1968, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY
19 OF RICHMOND, INDIANA.
20
21 President Elstro assigned Ordinance No. 129-1984 to thePlan Commission for
22 public hearing.
23
24 ORDINANCE NO. 130-1984
25
26 The Clerk read on first reading by title only Ordinance No. 130-1984 -
27 AN ORDINANCE TO TRANSFER WITHIN THE MOTOR VEHICLE HIGHWAY FUND.
28
29 Councilperson Whitesell moved, to suspend the rules and move Ordinance No.
30 130-1984 to second reading, seconded by Councilperson Parker and on
31 unanimous voice the motion was carried.
32
33 The Clerk read on second reading Ordinance No. 130-1984 - AN ORDINANCE TO
34 TRANSFER WITHIN THE MOTOR VEHICLE HIGHWAY FUND.
35
36 Ms. Maness told the Council this will cover utility bills.
37
38 President Elstro announced Ordinance No. 130-1984 was on public hearing.
39 .
40 Hearing no public comment, Councilperson Hankinson moved for engrossment
41 of Ordinance No. 130-1984, seconded by Councilperson Whitesell and on
42 unanimous voice vote the motion was carried.
43
44 Councilperson Lemoine moved to suspend the rules and move Ordinance No. 130-
45 1984 to third and final reading and read by title only, seconded by
46 Councilperson Morris and on unanimous voice vote the motion was carried.
47
48 The Clerk read on third and final reading by title only Ordinance No. 130-
49 1984 - AN ORDINANCE TO TRANSFER WITHIN THE MOTOR VEHICLE HIGHWAY FUND.
50
51 Ordinance No. 130-1984 was adopted on the following vote:
52
53 Ayes: Williams, Brookbank, Hankinson, Whitesell, Parker, Bodiker, Lemoine,
54 Morris and Elstro (9)
55 Nays: None
56
57 ORDINANCE NO. 131-1984 _
58
59 The Clerk read on first reading by title only Ordinance No. 131-1984 - AN
60 ORDINANCE TO TRANSFER WITHIN THE GENERAL FUND
61
62 Councilperson Whitesell moved to suspend the rules and move Ordinance No.
63 131-1984 to second reading, seconded by Councilperson Hankinson and on
64 unanimous voice vote the motion was carried.
65
0
Common Council Minutes COnt'd
October 15, 1984
Page 10
1 The Clerk read on second reading Ordinance No. 131-1984 - AN ORDINANCE TO
2 TRANSFER WITHIN THE GENERAL FUND.
3
4 President Elstro announced Ordinance 131-1984 was on public hearing.
5
6 There being no public comment, Councilperson Hankinson moved for engrossment
7 of Ordinance No. 131-1984, seconded by Councilperson Parker and on
8 unanimous voice vote the motion was carried.
9
10 Councilperson Lemoine moved to suspend the rules and move Ordinance No. 131-
11 1984 to third and final reading and read by title only, seconded by
12 Councilperson Morris and on unanimous voice vote the motion was carried.
13
14 The Clerk read on third and final reading by title only Ordinance No. 131-
15 1984 - AN ORDINANCE TO TRANSFER WITHIN THE GENERAL FUND.
16
17 Ordinance No. 131-1984 was adopted on the following vote:
18
19 Ayes: Williams, Brookbank, Hankinson, Whitesell, Parker, Bodiker, Lemoine,
20 Morris and Elstro
21 Nays: None
22
23 ORDINANCE NO. 132-1984
24
25 The Clerk read on first reading by title only Ordinance No. 132-1984 - AN
26 ORDINANCE TO TRANSFER WITHIN THE GENERAL FUND.
27
28 Councilperson Whitesell moved to suspend the rules and move Ordinance No. 132-
29 1984 to second reading, seconded by Councilperson Hankinson and on unanimous
30 voice vote the motion was carried.
31
32 The Clerk read on second reading Ordinance No. 132-1984 - AN ORDINANCE
33 TO TRANSFER WITHIN THE GENERAL FUND.
34
35 President Elstro announced Ordinance No. 132-1984 was on public hearing.
36
37 There being no public comment, Councilperson Hankinson moved for engrossment
38 of Ordinance No. 132-1984, seconded by Councilperson Brookbank and on
39 unanimous voice vote the motion was carried.
40
41 Councilperson Lemoine moved to suspend the rules and move Ordinance No. 132-
42 1984 to third and final reading and read by title only, seconded by
43 Councilperson Parker and on unanimous voice vote the motion was carried.
44
45 The Clerk read on third and final reading by title only Ordinance No. 132-
46 1984 - AN ORDINANCE TO TRANSFER WITHIN THE GENERAL FUND.
47
G8 Ordinance No. 132-1984 was adopted with the following vote:
49
50 Ayes: Williams, Brookbank, Hankinson, Whitesell, Parker, Bodiker, Lemoine,
51 Morris and Elstro (9)
52 Nays: None
53
54 ORDINANCES ON SECOND READING111
55
56 ORDINANCE NO. 43-1984
57
58 The Clerk read on second reading Ordinance No. 43-1984 - AN ORDINANCE PROVID-
59 ING FOR THE TOWING AND REMOVAL OF OBJECTS INCLUDING MOTOR VEHICLES FROM
60 DESIGNATED FIRE LANES AND PROVIDING A FINE FOR THE VIOLATION OF FIRE LANE
61 REGULATIONS.
62
63 Mr. Barden proposed the following amendments to Ordinance No. 43-1984:
64
65 By deleting the language in the body of the ordinance "That any items----
11
Common Council Minutes Cont'd
October 15, 1984
Page 11
1 payable in the City Clerk's office of the City of Richmond, ': .end
2 replacing it with the following language:
3
4 (a) It is the duty and respansibility of any private property owner to
5 remove any items, including motor vehicles, parked or left in a designated
6 fire lane. Such property owners are authorized to tow and remove offending
7 vehicles or other objects and to assess such fees and charges against the
8 owner of such vehicles or other items; provided, that the property owner
9 post in a prominent place along such fire lanes their authority to tow and
10 remove. If not prohibited by any other ordinance, rule, regulation, statute,
11 or law, property owners may exempt vehicles or other items used for loading
12 or unloading for a period not to exceed fifteen (15) minutes from being
13 subject to removal.
14
15 (b) It is the duty and responsibility of any private property owner to re-
16 move any items, including motor vehicles, parked or left in designated
17 handicapped parking spaces. Such property owners are authorized to tow
18 and remove offending vehicles or other objects from handicapped parking
19 spaces and to assess the owner of such vehicle or other item any fees or
20 charges related to the towing or removal. Such towing or removal shall
21 not relieve the owner of the vehicle or other item from any fine, fee, or
22 penalty assessable as a result of being parked unlawfully in a handicapped
23 parking space.
24
25
26 (c) It is the duty and responsibility of a private property owner to
27 properly post any and all signs required by law to be posted on that
28 private property relating to restricted parking or traffic control, including,
29 but not limited to those signs requried by Indiana Code, I.C. 5-16-9-2.
30
31 Councilperson Lemoine moved to amend Ordinance No. 43-1984 as set out
32 above, seconded by Councilperson Parker and on unanimous voice vote the
33 motion was carried.
34
35 Mr. Barden explained that the amendments puts the burden to remove these
36 vehicles on the property owner. All signs and markings must be brought up
37 to state law.
38
39 Mr. Barden stated that the Title of the Ordinance also needs amended to
40 read "AN ORDINANCE ASSIGNING THE DUTY AND RESPONSIBILITY FOR TOWING AND
41 REMOVAL OF OBJECTS, INCLUDING. MOTOR VEHICLES, FROM DESIGNATED FIRE LANES
42 AND HANDICAPPED PARKING SPACES LOCATED ON PRIVATE'!TROPERTY."
43
44 Councilperson Lemoine moved to amend the title of Ordinance No. 43-1984,
45 seconded by Councilperson Morris and on unanimous voice vote the motion
46 was carried.
47
48 Councilperson Parker commented that the Ordinance may help thesituation,
L9 but it is a shame someone may have to get hurt first before any action is
50 taken.
51
52 Councilperson Bodiker asked Mr. Barden exactly what is private property
53 and if the shopping centers have to give up some of the rights of
54 private property when the public is invited on the property.
55
56 Mr. Barden stated that citizens can file a class action law suit regarding
57 enforcement of these laws.
58
59 Councilperson Whitesell stated he will support this ordinance, but he would
60 still like to see more teeth in the enforcement.
61
62 The Clerk presented the Proof of Publication and Mr. Barden stated it was
63 in order. Councilperson Parker moved to accept and file the proof of
64 publication, seconded by Councilperson Williams and on unanimous voice
65 vote the motion was carried.
Common Council Minutes Cont'd
October 15, 1984
Page 12
1 Robert Rigg of 630 South 23rd _Street told the Council that he would like to
2 see more teeth in the Ordinance also. He also commented that he felt it
3 would be easier to impose the City fine of 50.00 for handicapped parking
4 violations than to enforce the State Law. •
5
6 President Elstro asked if .there was more public comment and hearing none,
7 Councilperson Bodiker moved for engrossment, seconded by Councilperson
8 Parker and on unanimous voice vote the motion was carried.
9
10 Councilperson Lemoine moved to suspend the rules and move. Ordinance No. 43-
11 1984 to third and final reading and read by title only, seconded -by
12 Councilperson Parker and on unanimous voice vote the motion was carried.
13
14 The Clerk read on third and final reading by title only Amended Ordinance No.
15 43-1984 - AN ORDINANCE ASSIGNING THE DUTY AND RESPONSIBILITY FOR TOWING AND
16 REMOVAL OF OBJECTS, INCLUDING MOTOR VEHICLES, FROM DESIGNATED FIRE LANES AND
17 HANDICAPPED PARKING SPACES LOCATED ON PRIVATE PROPERTY. -
18
19 Amended Ordinance No. 43-1984 was adopted on the following vote:
20
21 Ayes: Williams, Brookbank, Hankinson, Whitesell, Parker, Bodiker,. Lemoine,
22 Morris and Elstro
23 Nays: None
24
25 MISCELLANEOUS BUSINESS
26 •
27 President Elstro asked Mr. Barden about enforcing the Zoning ordinances
28 regarding sales of vehicles in residential area, especially on South 9th '
29 Street. Mr. Barden explained that the City has a difficult time proving
30 these violations and if the citizens making the complaints would be willing
31 to be witnesses and go to court he could better handle these complaints.
32
33 Mr. Barden introduced a visiting Profession from japan 'doing research on
34 and studying government functions, open door policies and_access to public
35 records.
36
37 Councilperson Morris reminded the. Couneilthat the Ambulance Contract would
38 be coming before the County for action and asked if the Council Public
39 Safety- Committee should investigate arid -add input from the City.
40
• 41 President_.Elstre stated that Aid Ambulance had invited the Council to
42 visit their facilities.
43 •
44 ADJOURNMENT
45
46 There being no further business on a motion duly made, seconded and passed
47 the meeting was adjourned.
48
49 Howard J. Elstro
50 President
51
52 ATTEST: Mary Merchanthouse
53 City Clerk
54
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63
64 " •
65