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HomeMy Public PortalAbout10-01-1984 �z 55'7 PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA, OCTOBER 1, 1984 1 The Common Council of the City of Richmond, Indiana met in regular session 2 October 1, 1984 at the hour of 7:30 P.M. in the Council Chambers in the 3 Municipal Building in said City. President Elstro presided with the following 4 members present: Councilpersons Williams, Brookbank, Hankinson, Whitesell, 5 Parker, Bodiker, Lemoine and Morris.. Absent: None. The following business 6 was had to-wit: 7 8 PLEDGE OF ALLEGIANCE - 9 10 SILENT DEVOTIONS 11 12 APPROVAL OF MINUTES OF SEPTEMBER 17, 1984 13 14 Councilperson Hankinson moved to approve the minutes of the previous 15 meeting as prepared, seconded by Councilperson Williams and on unanimous voice 16 vote the motion was carried. 17 18 WELCOME TO STUDENTS 19 20 President Elstro welcomed the students from Centerville High School and from 21 Earlham College in attendance. 22 23 COMMUNICATIONS FROM THE MAYOR 24 25 Mayor Waltermann read the following letter to Congressman Sharp from the III 26 Chessie Systems Railroads regarding the South 9th Street overpass. 27 28 Dear Congressman Sharp: 29 30 This has reference to your inquiry dated September 6, 1984 concerning 31 the South 9th Street overhead highway bridge (C&O Railway Company 32 Bridge No. H-611) , located in the City of Richmond, Indiana. 33 34 This bridge was closed to vehicular traffic by the City of Richmond, 35 Indiana and upon notification of their action, we solicited bids from 36 outside engineering firms to obtain core samples of the concrete 37 bridge deck, complete with an analysis ofthe samples. A contract 38 was awarded to Atec Associated, Inc. , of Cincinnati,. Ohio for 39 performance of this sampling and anaylsis, results of which were 40 received in this office last week. 41 42 . It has been determined by our bridge engineers that several deteriorated 43 areas of concrete in the bridge deck can be cut out and repaired with 44 full depth reinforced concrete. This will allow up to reopen the 45 bridge to vehicluar traffic .with a restricted (five ton) load limit. 46 This work was started September 26 and we anticipate completion by 47 October 10, 1984. 48 49 /s/ R.L. Stender 50 General Manager 51 52 Mayor Waltermann introduced Wayne Taylor of WHON-WQLK and Eric Buckter of 53 WECI, who will be representing their respective radio stations at the Council 54 meetings. 55 56 Mayor Waltermann also told the Council that he had met with representatives 57 of the Chessie System looking for acerage in the City for a company wanting 58 to build. Information and maps were furnished these representatives. 59 - - 60 In response to a question from Councilperson Lemoine, the Mayor commented that 61 the State will continue the repaving of Highways through Richmond the 62 second week of October. 63 64 65 `J /` --------------- Common Council Minutes Cont'd October 1, 1984 Page 2 1 REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY 2 3 In the absence of Ms. Maness, Mayor Waltermann reminded the Council of the 4 Fall Clean up of trash and leaves by the Street and Sanitary Departments. 5 He also noted two (2) new Firefighters had been hired .and a contract had 6 been signed with Paul Medford for the removal of street trees. 7 8 Mayor Waltermann commented that the Board of. Works and he were committed to 9 not allowing open burning of leaves. The Mayor also told the Council that 10 a contract had been signed with Sue Roberson to handle the paperwork 11 involved in meeting the 504 regulations in order to qualify for Revenue 12 Sharing funds. This involves transition plans for accessibility of 13 buildings, employment practices and grievance procedures. 14 15 Councilperson Morris asked to whom leaf fires were to be reported and Mayor 16 Waltermann stated the Fire Department. He also commented that there is 17 a 50.00 to 1000.00 fine involved with the burning ordinance. 18 19 Councilperson Williams stated he was in support of no burning. 20 - 21 President Elstro asked the Mayor about removal of stumps and the Mayor 22 stated that they will be removed later and that the removal of dangerous 23 trees is the top priority. 24 25 Councilperson Bodiker asked Mayor Waltermann about the manpower in the 26 Police Department and the Mayor stated that he would find out before the 27 end of the meeting. 28 29 REPORTS FROM SPECIAL COMMITTEES 30 31 Transportation, Community Development and Community Services 32 33 Councilperson Lemoine reported that the Transportation Committee had met 34 with Mr. Willis and Ms. Sams to receive an update on the Rose View Transit 35 System and the status of the buses. 36 37 - COMMITTEE OF THE WHOLE MEETING SET 38 39 Councilperson Williams announced there would be a Committee of the Whole 40 set for October 8, 1984 at 7:00 P.M. in the Board of Works Room for the 41 purpose of meeting with the Cable TV Management. President Elstro 42 requested the members of the Board of Works and Safety be invited to this 43 meeting. 44 45 REPORTS FROM STANDING COMMITTEES 46 -47 Hospital Board 48 49 Councilperson Brookbank reported that the Hospital Board had met and 50 discussed Health Care Facilities. 51 52 Plan Commission 53 54 Councilperson Morris announced the Plan Commission would be holding a 55 public hearing October 4, 1984 at 7:00 P.M. for rezoning on the landfill. 56 57 Enterprise Zone 58 59 Councilperson Brookbank stated that the Enterprise Zone Commission will not 60 be meeting since there will not be a quorum to conduct business. 61 62 Community Services 63 64 Councilperson Whitesell reported that the Community Services Council had met 65 on September 21, 1984 and a report was given by Dr. David Fulton on the Common Council Minutes Cont'd October 1, 1984 Page 3 1 status of the Needs Assessment through the United Way. 2 3 RESOLUTIONS 4 5 RESOLUTION NO. 26-1984 6 7 Councilperson Whitesell moved to suspend the rules and read Resolution No. 8 26-1984 by title only, seconded by Councilperson Williams and on unanimous 9 voice vote the motion was carried. 10 11 The Clerk read by title only Resolution No. 26-1984 - A RESOLUTION 12 AUTHORIZING THE MAYOR, FRANK H. WALTERMANN, TO: FILE A GRANT APPLICATION 13 WITH THE STATE DEPARTMENT OF COMMERCE UNDER THE INVESTMENT INCENTIVE PROGRAM, 14 EXECUTE A GRANT AGREEMENT BETWEEN THE CITY OF RICHMOND, INDIANA AND THE 15 INDIANA DEPARTMENT OF COMMERCE RELATING TO SAID APPLICATION, ENTER INTO A 16 LOAN AGREEMENT WITH J.M. HUTTON & COMPANY: AND, EXPEND GRANT FUNDS IN 17 ACCORDANCE WITH APPLICABLE PROVISIONS OF THE GRANT AGREEMENT. 18 19 Speaking for Resolution No. 26-1984 was Richard Freeman, 1607 Reeveston Road. 20 Mr. Freeman stated the State of Indiana has decided the J.M. Hutton Project 21 has met the goals and objectives of the investment incentive program and 22 has committed 143,000.00 in funding. The City must submit the application 23 to the State and with the approval of the application a loan agreement 24 will be executed between the City and J.M. Hutton for the loan of the ..1. 25 grant money and the repayment of that loan will go to the revolving loan 26 fund as established earlier this year by the Council. III 27 Z8 Councilperson Whitesell questioned the obligation of the City to repay the 29 State and Mr. Freeman stated the City has no obligation to repay the State 30 and the funds as repaid by J.M. Hutton will to into the City's revolving 31 loan fund. 32 33 Councilperson Morris commented that there is a lot of confusion on the 34 City's liability on such issues as Economic Development Bonds and Mr. 35 Freeman confirmed that the City has no liability to repay funds on such 36 bonds issues or grants. 37 38 Councilperson Bodiker asked what the limits were on amount of funding from 39 the State for communities on these grants. Mr. Freeman stated there were 40 no technical limits and that projects were judged on their merits and that 41 the City was working with industrial prospects and businesses on such 42 matters as these grants as part of their Economic Development Package. 43 44. Councilperson Bodiker moved for adoption of Resolution No. 26-1984, seconded 45 by Councilperson Morris and on unanimous voice vote the motion was carried. 46 47 ORDINANCES 48 49 ORDINANCES ON FIRST READING 50 51 Councilperson Morris moved to suspend the rules and read Ordinances No. 43, 52 115, 116, 117, and 118-1984 on first reading by title only, seconded by 53 Councilperson Bodiker and on unanimous voice vote the motion was carried. 54 55 ORDINANCE NO. 43-1984 56 57 The Clerk read on first reading by title only Ordinance No. 43-1984 - AN 58 ORDINANCE PROVIDING FOR THE TOWING AND REMOVAL OF OBJECTS INCLUDING MOTOR 59 VEHICLES FROM DESIGNATED FIRE LANES AND PROVIDING A FINE FOR THE VIOLATION 60 OF FIRE LANE REGULATIONS. 61 62 Councilperson Parker asked Mr. Barden if this Ordinance could be enforced 63 on private property and Mr. Barden stated that this Ordinance is a 64 prerequisite necessary in order to do contracts with private property owners 65 to enforce the fire lanes with City Police. There is presently only State 5 ff 0 Common Council Minutes Cont'd October 1, 1984 Page 4 1 Law describing fire lanes and no enforcement procedures. 2 3 Mayor Waltermann commented on fire hydrants on private property also being 4 a problem for the City. 5 6 Councilperson Whitesell commented that he hoped an Ordinance could have the 7 teeth necessary to control parking in fire lanes on private property. 8 9 Councilperson Parker stated that the merchants were leary of giving a 10 contract to the City for enforcement and he feels that this will make it 11 more difficult to contract. He also asked why we need the contract if 12 an Ordinance could handle the problem and he feels the fine should be 13 scaled upward for habitival offenders. 14 15 Mr. Barden stated that he established the fine as prescribed in this 16 Ordinance to enable the City to receive the fees, otherwise the case 17 would have to be taken to Court and the Judge establish the fine. 18 19 President Elstro announced no further action will be taken on this 20 Ordinance since it has to be advertised for public hearing. 21 22 ORDINANCE NO. 115-1984 23 24 The Clerk read on first reading by title only Ordinance No. 115-1984 - AN 25 ORDINANCE VACATING A CERTAIN FIFTEEN (15) FOOT UTILITY EASEMENT WITHIN 26 THE HENLEY HILLS SUBDIVISION., SECTION TWO, IN THE CITY OF RICHMOND, INDIANA, 27 LOCATED BETWEEN LOTS 26, 27 and 28. 28 29 President Elstro announced this Ordinance will be assigned to Plan 30 Commission for a public hearing and also advertised for a public hearing 31 by the Common Council. 32 33 ORDINANCE NO. 116-1984 34 - -35 The Clerk read on first reading by title only Ordinance No. 116-1984 - AN 36 ORDINANCE TO TRANSFER WITHIN THE GENERAL FUND. 37 38 Councilperson Hankinson moved to suspend the rules and move Ordinance No. 11q- 39 1984 to second reading, seconded by Councilperson Parker and on unanimous 40 voice vote the motion was carried. 41 42 The Clerk read on second reading Ordinance No. 116-1984 - AN ORDINANCE TO 43 TRANSFER WITHIN THE GENERAL FUND. 44 45 Mayor Waltermann stated this Ordinance was to transfer funds into Capital 46 Outlay for the Economic Development Director' s Office since no Capital 47 Outlay funds had been established in the original budget. The funds will 48 be .used for carpet for three (3) offices and drapes. 49 50 President Elstro announced Ordinance No. 116-1984 is on public hearing. 51 52 There being no public comment, Councilperson Williams moved for engrossment 53 of Ordinance No. 116-1984, seconded by Councilperson Parker and on unanimous 54 voice vote the motion was carried. 55 56 Councilperson Williams moved to suspend the rules and move Ordinance No. 116- 57 1984 to third and final reading and read by title only, seconded by 58 Councilperson Parker and on unanimous voice vote the motion was carried. 59 60 The Clerk read on third and final reading by title only Ordinance No. 116- 61 1984 - AN ORDINANCE TO TRANSFER WITHIN THE GENERAL FUND. 62 63 Ordinance No. 116- 1984 was adopted on the following roll call vote: 64 65 59" Common Council Minutes Cont'd October 1, 1984 Page 5 1 Ayes: Williams, Brookbank, Hankinson, Whitesell, Parker, Bodiker, Lemoine, 2 Morris and Elstro (9) 3 Nays: None 4 5 ORDINANCE NO. 117-1984 6 7 The Clerk read on first reading by title only Ordinance No. 117-1984 - AN 8 ORDINANCE AMENDING THE DESIGNATION OF HANDICAPPED PARKING SPACES TO PERMIT 9 VEHICLES IDENTIFIED BY THE INDIANA REHABILITATIVE SERVICES AGENCY AS BEING 10 USED TO TRANSPORT HANDICAPPED PERSONS TO USE SUCH DESIGNATED PARKING SPACES. 11 12 Councilperson Hankinson moved to suspend the rules on Ordinance No. 117-1984 13 and move to second reading, seconded by Councilperson Parker and on unanimous 14 voice vote the motion was carried. 15 16 The Clerk read on second reading Ordinance No. 117-1984 - AN ORDINANCE 17 AMENDING THE DESIGNATION OF HANDICAPPED PARKING SPACES TO PERMIT VEHICLES 18 IDENTIFIED BY THE INDIANA REHABILITATIVE SERVICES AGENCY AS BEING USED 19 TO TRANSPORT HANDICAPPED PERSONS TO USE SUCH DESIGNATED PARKING SPACES. 20 21 Councilperson Parker asked regarding controls on the amount of placards 22 being issued to identify handicapped vehicles and if the guidelines were 23 still effective on other agencies issuing handicapped identification. 24 Mr. Barden explained that the guidelines for the placards issued by the 25 Indiana Rehabilitative Services were the same as those used by the Motor 26 Vehicle Bureau for plates. 27 28 Mr. Barden suggested the following amendment to make this Ordinance a part 29 of the Code of Ordinances: Section 1 of Ordinance No. 20-1984 be amended to 30 read, and inclusive, in the Richmond City Code as Section 74.29, as follows. 31 32 Councilperson Hankinson so moved to amend Ordinance No. 117-1984, seconded 33 by Councilperson Parker.-_ and on unanimous voice vote the motion was carried. 34 35 President Elstro announced Ordinance No. 117-1984 was on public hearing. 36 37 There being no public comment, Councilperson Hankinson moved for engrossment 38 of Ordinance No. 117-1984, seconded by Councilperson Parker and on unanimous 39 voice vote the motion was carried. 40 41 Councilperson Williams moved to suspend the rules and move Ordinance No. 117- 42 1984 to third and final reading and read by title only, seconded by Council- 43 person 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. 117- 46 1984 - AN ORDINANCE AMENDING THE DESIGNATION OF HANDICAPPED PARKING SPACES 47 TO PERMIT VEHICLES IDENTIFIED BY THE INDIANA REHABILITATIVE SERVICES 48 AGENCY AS BEING USED TO TRANSPORT HANDICAPPED PERSONS TO USE' SUCH DESIGNATED 49 PARKING SPACES. 50 51 Ordinance No. 117-1984 was adopted on the following call of the roll: 52 53 Ayes: Williams, Brookbank, Hankinson, Whitesell, Parker, Bodiker, Lemoine, 54 Morris and Elstro (9) 55 Nays: None 56 57 ORDINANCE 118-1984 58 59 The Clerk read on first reading by title only Ordinance No. 118-1984 - AN 60 ORDINANCE ESTABLISHING THE POLICE RESERVES FOR THE CITY OF RICHMOND AND 61 FIXING ITS NUMBER. 62 63 Councilperson asked how many reserves we now have, what is the proposed 64 number and the minimum age. Mr. Barden explained that the number is set at 65 thirty (30) and the reason that this Ordinance is before Council is that 4,42. Common Council Minutes Cont'd October 1, 1984 Page 6 1 during the recodification of the Code of Ordinances the Ordinance controlling 2 the Police Reserves was omitted. This Ordinance will make it a part of the 3 Code under Title 36 and does not change any of the qualifications for being 4 a reserve only corrects a present omission from the Code and brings it into 5 conformance with State Law. 6 7 In response to a question from Councilperson Parker, Mr. Barden stated the 8 City's liability for Reserve Officers is essef.tially the same as for regular 9 police officers and i5 covered under the City's insurance. Mr. Barden also 10 stated that the powers of the Reserve Officers are rather limited. 11 12 Councilperson Hankinson moved to suspend the rules and move Ordinance No. 118- 13 1984 to second reading, seconded by Councilperson Parker and on unanimous 14 voice vote the moiton was carried. 15 16 The Clerk read on second reading Ordinance No. 118-1984 - AN ORDINANCE 17 ESTABLISHING THE POLICE RESERVES FOR THE CITY OF RICHMOND AND FIXING ITS 18 NUMBER. 19 20 Councilperson Lemoine requested more information on the Reserve Program from 21 Chief. Nimitz and requested the Ordinance remain on second reading. 22 23 Mr. Barden indicated that this Ordinance needs to be acted upon since 24 the Reserves are in limbo since it was eliminated from the Code. This 25 Ordinance will only continue the authority for the Reserves. 26 27 Councilperson Lemoine stated she still needs more information and Mr. 28 Barden stated that without this Ordinance some police operation could be 29 in jeopardy. 30 31 Councilperson Parker suggested that the Ordinance could be amended to put 32 a time limit on and allow the reserves to operate until the Chief would be 33 available for questions. 34 35 Mr. Barden stated that it was not the Chief of Police that suggested this 36 Ordinance needed to be acted upon but himself that felt this was necessary. 37 38 Councilperson Lemoine stated she would support the Ordinance tonight if the 39 Chief would be at the next Council meeting to answer questions regarding the 40 reserve program. 41 42 President Elstro announced that Ordinance No. 118-1984 was on public hearing. 43 44 There being no public comment, Councilperson Hankinson moved for engrossment 45 of Ordinance No. 118-1984, seconded by Councilperson Whitesell and on 46 unanimous voice vote the motion was carried. 47 48 Councilperson Williams moved to suspend the rules and move Ordinance No. 49 118-1984 to third and final reading and read by title only, seconded by 50 Councilperson Hankinson and on unanimous voice vote the motion was carried. 51 52 The Clerk read on third and final reading :_by title only, Ordinance No. 118-. 53 1984 - AN ORDINANCE ESTABLISHING THE POLICE RESERVES FOR THE CITY OF RICHMOND 54 AND FIXING ITS NUMBER. 55 56 Ordinance No. 118-1984 was adopted with the following roll call vote: 57 58 Ayes: Williams, Brookbank, Hankinson, Whitesell, Parker, Bodiker, Lemoine, 59 Morris and Elstro (9) 60 Nays: None 61 62 . 63 64 65 f� Common Council Minutes Cont'd October 1, 1984 Page 7 1 ORDINANCES ON SECOND READING 2 3 ORDINANCE NO. 47-1984 4 5 The Clerk read on second reading Ordinance No. 47-1984 - AN ORDINANCE 6 IMPOSING RESTRICTIONS ON PARKING IN DESIGNATED RESIDENTIAL DISTRICTS AND 7 AUTHORIZING THE CONDITIONAL ISSUANCE OF PARKING PERMITS TO RESIDENTS OF 8 SUCH DISTRICTS. 9 10 Mr. Barden examined the Proof of Publication and found it to be in order. 11 Councilperson Parker moved to accept and file the proof of publication, 12 seconded by Councilperson Hankinson and on unanimous voice vote the motion 13 was carried. 14 15 Councilperson Lemoine presented an amendment to Ordinance No. 47-1984 16 as follows: Delete Section 18 regarding the dedication of user fees. 17 Councilperson Lemoine so moved this amendment be accepted, seconded by 18 Councilperson Morris and on unanimous voice vote the motion was carried. 19 20 In response to Councilperson Whitesell, Mr. Barden explained that the 21 dedication of fees was unnecessary for administration of the parking permits 22 and the funds would be receipted into the General Fund and appropriated 23 out as needed for reimbursement. 24 25 Mr. Barden requested the Council to amend Section 17 - Effective Date to 26 read "This Ordinance shall become effective October 15, 1984" in order 11/ 27 for the citizens wanting to start the process to become residential parking 28 areas to begin sooner. 29 30 Councilperson Whitesell so moved to amend Section 17, seconded by Council- 31 person Morris and on unanimous voice vote the motion was carried. 32 33 President Elstro announced Ordinance No. 47-1984 was on public hearing. 34 35 Hearing no public comment, Councilperson Hankinson moved for engrossment 36 of Ordinance No. 47-1984, seconded by Councilperson Whitesell and on 37 unanimous voice vote the motion was carried. 38 39 Councilperson Hankinson moved to suspend the rules and move Ordinance No. 47- 40 1984 to third and final reading and read by title only, seconded by 41 Councilperson Whitesell and on unanimous voice vote the motion was carried. 42 43 Councilperson Whitesell asked regarding signs that had been installed on 44 S.W. 1st Street and the fact that they were confusing. Mr. Barden 45 indicated that the areas will be resigned as they are designated and those. 46 signs were only temporary. 47 48 Ordinance No. 47-1984 was adopted on the following roll call vote: 49 50 Ayes: Williams, Brookbank, Hankinson, Whitesell, Parker, Bodiker, Lemoine, 51 Morris and Elstro (9) 52 Nays: None 53 54 UNFINISHED BUSINESS 55 56 Councilperson Whitesell asked as to the status of the 911 issue. He feels 57 this issue needs to be brought to the front again and needs addressed. 58 59 President Elstro stated he will have a report the next Council meeting. 60 61 Mayor Waltermann told the Council that the information on the police 62 manpower had been received and that the department had 73 men and needs 63 five (5) men to be to full force. 64 65 ray Common Council Minutes Cont'd October 1, 1984 Page 8 1 ADJOURNMENT 2 3 There being no further business on a motion duly made, seconded and passed 4 the meeting was adjourned. 5 6 Howard J. Elstro 7 President 8 9 10 ATTEST: Mary Merchanthouse 11 City Clerk 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 . 57 58 59 60 61 62 63 64 65