HomeMy Public PortalAbout07-16-1984 U�
•
PROCEEDINGS OF THE COMMON COUNCIL OF THE
CITY OF RICHMOND, INDIANA, JULY 16,1984
1 The _Co mon Council of the City of Richmond, Indiana, met in retular session
2 July 16, 1984, at the hour of 7:30 P.M. in the Council Chambers of the Municipal
3 Building in said City. President Elstro presided with the following members
4 in attendance: Councilpersons Williams, Brookbank, Hankinson, Parker, Bodiker
5 Lemoine and Morris.
6
7 PLEDGE OF ALLEGIANCE
8
9 SILENT DEVOTIONS
10
11 APPROVAL OF MINUTES OF JULY 2, 1984
12
13 Councilperson Hankinson moved to approve the minutes of the previous meeting
14 as prepared, seconded by Councilperson Parker and on unanimous voice vote the
15 motion was carried.
16
17 COMMUNICATIONS FROM THE MAYOR
18 .
19 Mayor Frank H. Waltermann informed the Council that seven (7) companies had
20 visited Richmond during the Red Carpet Day. Three (3) of the companies are int-
21 erested in a repeat visit to the City.
22
23 President Elstro asked Mayor Waltermann about the delay in replacing officers
24 on the Police Department and commented that the people in the South end of for
25 were happy to see an officer on Footpatrol this past weekend.
26
27 Mayor Waltermann informed the Council that the PoliceADepartment is ready to
28 hire five (5) officers and they will be on the Board of Works Agenda in two
29 weeks for approval.
30
31 REPORTS FROM CITY DEPARTMENTS
32
33 City Attroney Ken Barden told the Council that his office has mailed out 175
34 letters on delinquent traffic fines. The. letters represent approximately 400
35 unpaid tickets and 1,600.00 in uncollected fines. The letter states that court
36 proceedings will be initiated if payment is not made seven (7) days from the
37 receipt of the letter.
38
39 REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY
40
41 Ms. Maness reported that the Board of Public Works and Safety approved. new
42 bus routes at their July 12, 1984 meeting for the Rose View Transit System. .
43 New maps will be .published and will be color coded for easy reading. The new
44 routes are expected to begin by September 1, 1984.
45
46 MISCELLANEOUS BUSINESS
47
48 Mrs. Emilee Baker of 342 Hillcrest Dr. told the Council that she is having
49 problems with a neighbor interfering with her alarm system and telephone lines.
50 President Elstro referred Mrs. Baker's complaint to the Board of Works to
11/ 51 investigate the complaint.
52
53 Mrs. Linda Varvel told the Council that she is opposed to these garage sales
54 being operated week after week since they are evading taxes and she feels they
55 should be licensed.
56
57 President Elstro commented the Council is working on a licensing for transient
58 vendors and they will address that issue after budgets are passed.
59
60 RESOLUTIONS
61
62 RESOLUTION NO. 20-1984
63
64 Councilperson Bodiker moved to suspend the rules and to read Resolution No. .
65 20-1984 by title only, seconded by Councilperson Morris and on unanimous voice
532
Common Council Minutes Cont'd
July 16, 1984
Page 2
1 vote the motion was carried.
2
3 The Clerk read by title only Resolution No. 20-1984 - A RESOLUTION FIXING
4 EARLIER DATES FOR PUBLIC HEARINGS ON THE 1985 BUDGET FOR THE CIRY OF RICHMOND.
5
6 Ms. Maness explained that this Resolution sets the dates for budget hearing in
7 correspondence with the dates of the Council meeting and gives the Council
8 adequate time to pass the budget.
9
10 Councilperson Hankinson moved for adoption of Resolution No. 20-1984, seconded
11 by Councilperson Morris and on unanimous voice vote -the motion was carried.
12
13 ORDINANCES ON FIRST READING
14
15 Councilperson Morris moved to suspend the rules and read Ordinance No. 82, 83
16 and 84-1984 on first reading by title only, seconded by Councilperson Bodiker
17 and on unanimous voice vote the motion was carried.
18
19 ORDINANCE NO. 82-1984
20
21 The Clerk read on first reading by title only Ordinance No. 82-1984 - AN
22 ORDINANCE FOR APPROPRIATIONS AND TAX RATES.
23
24 President Elstro stated this is the 1985 Budget Ordinance and has to be adver-
25 tised and will be assigned to the Committee of the Whole for hearings on July
26 17,18,24 and 26, 1984.
27
28 ORDINANCE NO. 83-1984
29
30 The Clerk read on first reading by title only Ordinance No. 83-1984 - AN
31 ORDINANCE AMENDING SECTION 92.03 OF THE RICHMOND CITY CODE.
32
33 In response to a question from Councilperson Morris regarding what this Ordi-
34 nance changes in the Code, Mr. Barden stated that there is a section stating
35 that the Fire Marshall may be appointed by the Fire Chief with Board of Works
36 approval to head the Bureau of Fire Prevention and may be removed only after
37 public trial. Mr. Barden couauented this places a life tenure on the appoint-
38 ment and the code is not clear if this position as head of the Fire Prevention
39 Bureau is that of the Fire Chief or the Fire Marshall. By striking the sentenc-
40 "His appointment shall continue during good behavior and satisfactory service,
41 and he shall not be removed from office except for cause after public trial.",
42 it will clear up the ambiguity in the code.
43
44 Councilperson Williams asked Mr. Barden why this Ordinance was proposed and
45 MIr. Barden explained that the City has been threatened with a law suit by-the
46 former Assistant Fire Chief and his law suit is based on this language. Mr.
47 Barden stated that this section has not always been followed and this will
48 clear it up for the future.
49
50 Councilperson Parker requested that Ordinance No. 83-1984 return to the agenda
51 on second reading at the next meeting in order that the Assistant Fire Chief
52 and his attorney can address this issue.
53
54 ORDINANCE NO. 84-1984
55
56 The Clerk read on first reading by title only Ordinance No. 84-1984 - AN
57 ORDINANCE AUTHORIZING THE CITY OF RICHMOND TO ISSUE ITS "FIRST MORTGAGE REVE
58 BONDS SERIES 1984 (DEVELOPMENT CORPORATION OF RICHMOND PROJECT)" APPROVING
59 OTHER ACTIONS IN RESPECT THERETO.
60
61 Councilperson Morris moved to suspend the rules and move Ordinance No. 84-1984
62 to second reading, seconded by Councilperson Bodiker and on unanimous voice
63 vote the motion was carried.
6
65 The Clerk read on second reading Ordinance No. 84-1984 - AN ORDINANCE AUTHOR-
533
3+
Common Council Minutes Cont'd
July 16, 1984
Page 3
1 IZING THE CITY OF RICHMOND TO ISSUE ITS "FIRST MORTGAGE REVENUE BONDS SERIES
2 1984 (DEVELOPMENT CORPORATION OF RICHMOND PROJECT)" APPROVING OTHER ACTIONS IN
3 RESPECT THERETO.
4
5 President Elstro announced Ordinance No. 84-1984 was on public hearing.
6+
71 Speaking for Ordinance No. 84-1984 was Andrew C.Cecere, 101 South 10th Street,
8 Attorney for Development Corporation of Richmond and Overhead Door Corporation
9 in Richmond. Mr. Cecere stated the Development Corporation of Richmond is seek-
10 ing approval for revenue bonds in the amount of $275,000.00 for a 12,000 squar
11 foot addition to a building leased to Overhead Door Corporation (Johnson Metal
12 Products Divisions) . This expansion will hopefully create twenty-five (25 or
13 thirty (30) additional jobs and add 400,000.00 per annum payroll increase. The
14 First National Bank of Richmond will purchase the revenue bonds. The Economic
15 Development Commission passed a Resolution in favor of this project on July 11
16 1984.
17
18 There being no further public comment, Councilperson Williams moved for engross-
19lment of Ordinance No. 84-1984, seconded by Councilperson Parker and on unanimous
20 voice vote the motion was carried.
21
22 Councilprson Williams moved to suspend the rules and to move Ordinance No. 84-
23 1984 to third and final reading and to read by title only, seconded by Council-
24 person Morris and on unanimous voice vote the motion was carried.
25
26 The Clerk read on third and final reading by title only Ordinance No. 84-1984-
27 AN ORDINANCE AUTHORIZING THE CITY OF RICHMOND TO ISSUE ITS "FIRST MORTGAGE
28 REVENUE BONDS SERIES 1984 ( DEVELOPMENT CORPORATION OF RICHMOND PROJECT )"
29 APPROVING OTHER ACTIONS IN RESPECT THERETO.
30
31 Ordinance No. 84-1984 was adopted with the following recorded vote:
32
33 Ayes: Williams, Brookbank, Hankinson, Parker, Bodiker, Lemoine, Morris and
34 Elstro - • (8)
35 Nays: None
36 Absent: Whitesell • (1)
37
38 ORDINANCES ON SECOND READING
39
40 ORDINANCE NO. 70-1984
41
42 The Clerk read on second reading Ordinance No. 70-1984 - AN ORDINANCE AMENDING
43 CHAPTER 154 OF THE MUNICIPAL CODE, BEING ORDINANCE NO. 2325-1968, COMMONLY
4 KNOWN AS THE ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA, PROVIDING FOR
45 THE REZONING OF PROPERTY LOCATED AT 3351 EAST MAIN STREET FROM R-3 ONE-TO-EIGH1
46 FAMILY RESIDENCE DISTRICT TO R--3 ONE-TO-EIGHTIFAMILY RESIDENCE SPECIAL USE DIS -
47 RICT , AND AUTHORIZING THE SPECIAL USE OF SAID PROPERTY AS A MANUFACTURER'S
48 REPRESENTATIVE OFFICE.
49
50 President Elstro announced that Ordinance No. 70-1984 was on public hearing
51 and requested those speaking for and against the Ordinance to limit their commu -'
11/ 52 ents to fifteen nimutes per side.
53
5 Speaking in favor of Ordinance No. 70-1984 was Victor Bartlemay, 1351 Quail
55 Ridge. Mr. Bartlemay stated he is requesting the special use zoning for a man-
56 ufacturer's representative office at 3351 East Main Street. This will be a
57 small office not offensive to anyone and will not generate additional traffic
58 in this area. Mr. Bartlemay- commented that he feels this is a less objectional
59 use of the property than a multi-family dwelling and will provide a geg tran-
60 sition from the heavy commercial area.to the residential area.
61
62 Also speaking for Ordinance No. 70-1984 was Elziabeth Toth, former owner of the
63 property at 3351 East Main Street. Ms. Toth stated that this property is too
6 large for a single couple to reside in and too dangerous to raise children
65 with its proximity to U.S. 40 East. She feels there would be no problem with
Common Council Minutes Cont'd
July 16, 1984
Page 4
11 the special use zoning.
2
3 Mr. AlanvRosar of 4572 Greenmount Pike also spoke in favor of Ordinance No.
4 70-1984. Mr. Rosar told the Council he is the current landlord of Mr. Bartle
5 may's office at 425 N.W. K Street and now needs this office for expansion.
6 Mr. Rosar attested to the fact that there are never more than one (1) or
7, two (2) cars at Mr. Bartlemay's office and feels that no traffic will be
8 generated by the location of this office at 3351 East Main Street and that
9 this office will not affect property values or interfere with the lives of
10 the neighbors.
11'
12 Speaking against Ordinance No. 70-1984 was Attorney Bob Beaver, 400 First
13', National Bank Building, representing the area residents. Mr. Beaver stated
14, that the area being condidered for rezoning is a three (3) block residential
15 area with no commercial business located there. Mr. Beaver also stated that
16 this rezoning will affect not only this area but the Rivina Park residents
17 directly south of East Main Street and will add to already existing drainage
18 provlems on the south side of the street. Mr. Beaver commented that the
19 Planning Comiuissions:dicission to recommend denial of this Ordinance should
20 speak for itself.
21
2 Mr. Beaver stated there were petitions presented with 121 signatures opposed
23 to this rezoning and that these residents know what is best for their own
2 neighborhood. If this rezoning is allowed the rest of the residential area
25 can easily be changed.
26
27 Also speaking against Ordinance No. 70-1984 was Fred Beck of 3220 Avon Lane.
28 Mr. Beck contented that his property is directly behind the property at 3351
29 East Main Street and that they presently have a lot of drainage problems on
30 these properties on Avon Lane. The additional parking spaces created by this
31 rezoning will add to the drainage problem
3
33 Also speaking against Ordinance No. 70-1984 was Mr. Myron Hunt of 3115 S.E.
3 Parkway. Mr. Hunt stated there are 170 houses in the Ravina Park area and
35 that this is a well kept, clean area and an older neighborhood that has not
36 deteriorated. Mr. Hunt commented that the manufacturer's representative use
37 is ambiguous and that this rezoning could cause a domino effect in this neigh-
3 borhood.
3)
40 On a rebuttal by Mr. Bartlemay it was noted that this office would not develop
41 the area in any commercial way. The office would have. no signs nor traffic an.
42 Mr. Bartlemay stated he chose .thd ,.site since it is in close proximity to an
43 already commercial area.
44
451 Mr. Al Arford of 3218 Avon Lane asked Mr. Bartlemay what the property would
46 be used for if he does not locate an office there. Mr. Bartlemay indicated
41 that the property was already zoned for multi-family use and he would have
48 to find a use allowed under this zoning. Mr. Arford also asked if Mr. Bartle-
41 may would be willing to impose a covenant that the office would be used for
5 no other use than the manufacturer's representatibes office and Mr. Bartlemay
5 stated he had no problem with this.
5
51 Councilperson Williams reminded the Council that it will take a 2/3 vote to
541 override the Plan Commission and he feels the Council agendas are already
55 crowded and feels the Ordiannce should be acted upon.
51 Councilperson Williams moved for engrossment of Ordinance No. 70-1984,
581 seconded by Councilperson Hankinson and on unanimous voice vote the motion
59 was carried.
60
6 Councilperson Williams moved to suspend the rules and to move Ordinance NO.
6 70-1984 to third and final reading and to read by title only, seconded by
63 Councilperson Morris and on a call of the roll with Councilperson Hankinson
6 voting no the motion was defeated.
6
kQ
Common Council Minutes Cont'd
July 16, 1984
Page 5
1 Ordinance No. 70-1984 will return on third and final reading at the next counc_l
2 meeting.
3
4 ORDINANCE NO. 71-1984
5
6 The Clerk read on second reading Ordinance No. 71-1984 - AN ORDINANCE FIXING
7 THE ANNUAL SALARIES OF ALL ELECTED OFFICERS OF THE CITY OF RICHMOND, INDIANA.
8
9 City Attorney Barden examined the Proof of Publication and found it to be in
10 order. Councilperson Hankinson moved to accept and file the proof of publication
11 seconded by Councilperson Parker and on u1alnimous voice vote the motion was
12 carried.
13
14 Councilperson Bodiker offered the following amendment to Ordinance No. 71-1984
15
16 Change the salary of the President of Council from 2,758.00 to 2,678.00, change
17 the Chairman of the RP&L Board from 2,758.00 to 2,673.00, change the salary foy
18 each member of Council from 2,546.00 to 2,472.00 and change the salary of eac
19 member of RP&L Board of Directors from 2,546.00 to 2,473.00. This amendment
20 would leave the salaries as they were established in the 1984 budget.
21
22 Councilperson Hankinson seconded the motion.
23
24 Councilperson Williams commented that this small cut will mat affect the tax
25 rate and if you are going to cut the budgets then make large cuts.
26
27 The amendment was defeated on the following recorded vote:
28
29 Ayes: Brookbank, Hankinson and Bodiker (3)
30 Nays: Williams, Parker, Lemoine, Morris and Elstro (5)
31 Absent: Whitesell (1)
32
33 Councilperson Williams stated he will return his increase in wages back to the
3 City.
35
36 President Elstro announced that Ordinance No. 71-1984 was on public hearing.
37
38 Mayor Frank H. Waltermann- stated that he feels the Council is underpaid and
39' deserves the pay raise.
40
41 There being no further public comment, Councilperson Hankinson moved for en-
4 grossment of Ordinance No. 71-1984, seconded by Councilperson Parker and on
43 unanimous voice vote the motion was carried.
44
45 Councilperson Hankinson moved, to suspend the rules and to move Ordinance No.
46 71-1984 to third and final reading and to read by title only, seconded by
471 Councilperson Parker and on unanmous voice vote the motion was carried.
48
49' The Clerk read on third and final reading by title only Ordinance No. 71-1984
50 AN ORDINANCE FIXING THE ANNUAL SALARIES OF ALL ELECTED OFFICERS ,OF THE CITY OF
51 RICHMOND, INDIANA.
11/ 52
53 Ordinance No. 71-1984 was adopted with the following recorded vote:
54
55 Ayes: Brookbank, Parker, Morris, Lemoine and Elstro (5)
56 Nays: Williams, Hankinson and Bodiker (3)
57 Absent: Whitesell (1)
58
591 ORDINANCE NO. 72-1984
60 •
61 The Clerk read on second reading Ordinance No. 72-1984 - AN ORDINANCE CREATING
62 A CUMULATIVE CAPITAL DEVELOPMENT FUND FOR THE CITY OF RICHMOND, INDIANA.
63
64 City Attorney Barden examined the PRoof of Publication and found it to be in
65 order. Councilperson Hankinson moved to accept and file the proof of publica-
Jo„
Couuuon Council Minutes Cont'd
July 16, 1984
Page 6
1 tion, seconded by Councilperson Parker and on unanimous voice vote the motion
2 was carried.
3
4 Councilperson Hankinson commented he was against this Ordinance since taxes
5 were too high and there was a 23% increase in taxes last year.
6
7 President Elstro announced that Ordinance No. 72-1984 was on public hearing.
8
9. Speaking for Ordinance No. 72-1984 was Controller Cathy Maness. Ms. Maness
10 stated that the cash balance of the general fund of the City of Richmond was
11 629,900.00 when the frozen levies were established in 1979. The cash balance
12 is now 311,100.00-due to the frozen levy. This makes capital equipment
13 expenditures almost impossible. If the tax rate as suggested in this Ordinance
14\ is established it will bring a grand total of 540,000.00 and will add $14.16
155 per year in taxes on a 100,000.00 property.
17 Also speaking for Ordinance NO. 72-1984 was Park Consultant Don McBride. Mr.
18 McBride told the Council that there is no other way to finance improvements
19 needed or to purchase capital equipment. Revenue Sharing funds are needed for
20 operational expenses and no other provisions are available for equipment
21 replacements or repairs.
22
23 Ralph Willis, Public Works Director, commmented that it is impossible for the
24 City to provide services without capital equipment and therefore he supports
25 this Ordinance.
26 .
27 Councilperson Bodiker moved to amend Ordinance No. 72-1984 by changing the
28 rates as follows: .05t the first year, .10t the second year and .10t the third
21 year, seconded by Councilperson Hankinson and on a call of the roll the follow-
30 ing vote was recorded to defeat the amendment.
31
3 Ayes: Brookbank, Hankinson, Parker and Bodiker. (4)
33 Nays: Williams, Lemoine, Morris and Elstro. (4)
3 Absent: Whitesell (1)
35
36 Councilperson Williams moved for engrossment for Ordinance No. 72-1984, sec-
31 onded by Councilperson Brookbank and on unanimous voice vote the motion was
38 carried.
391
40 Councilperson Williams moved to suspend the rules and to move Ordinance No.
41 72-1984 to third and final reading and to read by title only, seconded by •
42 Councilperson Lemoine and on unanimous voice vote the motion was carried.
43
41 The Clerk read on third and final reading by title only Ordinance No. 72-1984
45 AN ORDINANCE CREATING A CUMULATIVE CAPITAL DEVELOPMENT FUND FOR THE CITY OF
40 RICHMOND, INDIANA.
LF
44 Councilperson Parker commented he will not support this Ordinance since he
49 has received calls in opposition and feels the City must live within their
50 budget.
51
52 Councilperson Williams stated he would support this Ordinnnce since the:City
53 is broke and yet the Citizens want service.
5
5 Councilperson Morris stated she would support this Ordinance since the State
56, Legislature has finally given Cities a source of revenue outside of the froze
51 levy. It is needed with city employees driving unsafe vehicles and buildings
58 and structures falling apart.
60 Councilperson Bodiker stated he would support the Ordinance as it stands sinc-
611 the City needs funds freed up to provide services.
621
Ordinance No. 72-1984 was adopted on the following recorded vote:
6
6 ' Ayes: Williams, Brookbank, Bodiker, Lemoine, Morris and Elstro - (6)
•
5 ?
Common Council Minutes Cont'd
July 16, 1984
Page 7
• 1 Nays: Hankinson and Parker (2)
111 2 Absent: Whitesell (1)
3
ORDINANCE NO. 73-1984
5
6 The Clerk read on second reading Ordinance No. 73-1984 - AN ORDINANCE AUTHORIZ-
7 ING THE CITY GONTROLT,ER TO ASSESS A SERVICE,FEE OF TEN DOLLARS (10.00) FOR
8 ANY. CHECKS MADE PAYABLE TO THE CITY OF RICHMOND OR ANY OF ITS DEPARTMENTS OR
9 AGENCIES THAT HAVE NOT BEEN PAID DUE TO .INSUFFICIENT FUNDS OR NO ACCOUNT.
10
11 City Attorney Barden examined the Proof of Publication and found it to. be in
12 order. Councilperson Hankinson moved to accept and file the proof of publicati n.
13 seconded by Councilperson Parker-.and on uaaaimous voice vote the motion was
1 carried:
15
16 Mr. Barden commented that bad checks generate a cost to the city in time and
17 work and he feels in this case the persons causing the work and expense should
18 pay for it. Mr. Barden stated the 10.00 fee is set by the State as a maximum
19 amount that can be charged.
20 I .
21 President Elstro announced that Ordinance NO: 73-1984 was on public hearing.
22
23 Mr. Dave Dillon, 806 North H Street, told the Council that he feels the 10.00
2 fee is riduculous and that the City needs to legally pursue persons giving the
25 City bad checks.
26
27 Councilperson Hankinson stated that he feels the publicity on this Ordinance
28 will help to be a 'deterent.
29
30 Councilperson Williams moved for engrossment of Ordinance No. 73-1984, secondee
31 by Councilperson Morris and on unanimous voice vote the motion was carried.
32
33 Councilperson Hankinson moved to suspend the rules and move Ordinance No. 73-
3 1984 to third and final reading and read by title only, seconded by Councilperson
35 Williams and on unanimous voice vote the motion was carried.
36 .
37 The Clerk read on third and final reading by title only Ordinance No. 73-1984-
38 AN ORDINANCE AUTHORIZING THE CITY CONTROLLER TO ASSESS A SK VICE FEE OF TEN
39 (10.00) DOLLARS FOR ANY CHECKS MADE PAYABLE TO THE CITY OF RICHMOND OR ANY OF
40 ITS DEPARTMENTS OR AGENCIES THAT HAVE NOT BEEN PAID DUE TO INSUFFICIENT FUNDS
41 OR NO ACCOUNT.
42 .
43 Ordinance No. 73-1984!was adopted with the following -recorded vote:
IV Vi
45 Ayes: Williams,; Brookbank, Hankinson, Parker, Bodiker, Lemoine, Morris and
46 Elstro (8)
47 Nays: ; None
48 Absent!: Whitesell (I)
49
50 ORDINANCE NO. 74-1984
51 1
52 The Clerk read on second reading Ordinance No. 74-1984 - AN ORDINANCE AMENDING
53 ARTICLES 13, 15 and 61 OF CHAPTER 154 OF THE MUNICIPAL CODE, BEING ORDINANCE No.
5 2325-1968, . COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF RICHMOND, . _'
55 INDIANA.
56
57 President Elsstro announced Ordinance No. 74-1984 was on public hearing.
58
59 There being no public coumuent, Councilperson Williams moved for engrossment of
60 Ordinance No. 74-1984, seconded by Councilperson Morris and on unanimous voice
61 vote the motion was carried.
62
63 Councilperson Hankinson moved to suspend the rules and to move Ordinance No.
6 74-1984 to third and final reading .and to read by title only, seconded by
65 Councilperson Williams and on unanimous voice vote the motion was carried.
531r
•
Common Council Minutes Cont'd
July 16, 1984
Page 8
The Clerk read on third and final reading by title only Ordinance No. 74-1984-
AN ORDINANCE AMENDING ARTICLES 13, 15, and 61 OF CHAPTER 154 OF THE MUNICIPAL
CODE, BEING ORDINANCE NO. 2325-1968, COMMONLY KNOWN AS THE ZONING ORDINANCE
OF THE CITY OF RICHMOND, INDIANA.
5 Ordinance No. 74-1984 was adopted with the following recorded vote:
7
p Ayes: Williams, Brookbank, Hankinson, Parker, Bodiker, Lemoine; Morris and
Elstro. (8)
10 Nays: None
11 Absent: Whitesell (1)
1
1 ORDINANCE NO. 75-1984
1
1 The Clerk read on second reading Ordinance No. 75-1984 - AN ORDINANCE FIXING
1 SALARIES AND POSITIONS FOR APPOINTED OFFICERS AND EMPLOYEES OF THE CITY OF
1 RICHMOND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1985^AND ENDING
1 DECEMBER 31, 1985 AND APPROVING THE ADDITIONAL COMPENSATION TO CERTAIN APPOI-
1 NTED OFFICIALS OF THE CITY, OTHER THAN GOVERNMENTAL, WHO PERFORM SERVICES
2 FOR THE CITY, WHICH SERVICES ARE CONNECTED WITH THE OPERATION OF MUNICIPALLY
2 OWNED UTILITY OR FUNCTIONS.
2
2 In response to a question from Councilperson Bodiker, Ms. Maness stated that
24 this Ordinance does not reflect the raise offered to the Firefighters and
2p later revoked.
25
27 President Elstro stated that this Ordinance will be voted on as one Ordinance
2 but that amendments can be offered section by section.
2
3 Councilperson Parker asked Dan Dooley regarding the 4,000.00 proposed for
3 the Senior Building Inspector from RP&L and stated that it is the feeling
3 of RP&L that this service should not be funded by RP&L since it is a service
313 performed by this Department anyway...Mr. Dooley stated that the Building
34 Inspector does perform services for RP&L outside the City limits, but within
3 the RP&L service area. Mr. Dooley feels that these inspections could .be
3 discontinued in the future if there is no liability for RP&L if they are.
3
3p Mr. Barden stated that other towns and cities have their Building Inspector
40 on the utility payroll.
4. Councilperson Hnakinson asked how many inspections are done for RP&L in this
4p. capacity. Mr. Dooley, stated that 15 to 20% of the approximately 200 inspect-
413 ions are for RP&L.
4
4p Councilperson Bodiker asked if the salary ordinance can be amended later
46 regarding the Firefighters. Ms. Maness stated State Statute allows this
. 417 ordinance to be amended for Fire and Police.
. 4P .
40 President Elstro announced that Ordinance No. 75-1984 was on public hearing.
511 Mayor Waltermann stated he supports this Ordinance as presented and would •
5 like to see the Council pass it as unchanged.
5
54 Ms. Maness explained the salaries as compared to the amended 1984 salary
5p ordinance. The general fund reflects an overall 5% increase due to positions
5p such as purchasing, personnel and economic development director: The overall
5V increase with all funds taken into consideration is 6.7%.
5p
59 Councilperson Bodiker moved to amend Ordinance No. 75-1984 by reducing the
60 salary of the Controller/Internal Audtior from 32,000.00 to 30,240.00. The
6F Motion was seconded by Councilperson Hankinson.
6
6p Councilperson Bodiker explained he offered this amendment since he cannot
6 support a 14% increase and be a fiscally responsive person.
6
5 3 q
Common Council Minutes Cont'd
July 16, 1984
Page
1 MayorlWaltermann stated that he feels the Controller should be increased to the
2 same salary being paid the Public Works Director and City Attorney since this
3 position is the same kind of policy making position. The Controller has taken
on more responsibility and makes many decisions and is just not a bookkeeper.
5 MayorlWaltermann commented he now has a qualified controller that he can depend
6 on while dealing with financial institutions and meeting with companies regard-
7 ing expansion. This raise is based on productivity and Mayor Waltermann feels
8 this pay is still too low for this qualified person.
9
10 The amendment offered to Ordinance No. 75-1984 was defeated on the following
11 recorded vote:
12
13 Ayes: ; Hankinson, Parker, Bodiker and Elstro (4)
14 Nays: 1 Brookbank, Williams, Lemoine and Morris (4)
15 Absent: Whitesell (1)
16
17 There being no further comment or amendments, Councilperson Morris moved for
18 engrossment of Ordinance No. 75-1984, seconded by Councilperson Brookbank and
19 with Councilperson Bodiker voting no the motion was carried.
20
21 Counci.lperson Lemoine moved to suspend the rules and to move Ordinance No. 75-
22 1984 to third and final reading and read by title only, seconded by Council-
23 person Williams and on unanimous voice vote the motion was carried.
24
25 The Clerk read on third and final reading by title only, Ordinance No. 75-19841
26 AN ORDINANCE FIXING SALARIES AND POSITIONS FOR APPOINTED OEYICERS AND EMPLOYEES
27 OFTHE CITY OF RICHMOND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1985
28 AND ENDING DECEMBER 31, 1985 AND APPROVING THE ADDITIONAL COMPENSATION TO CERTAIN
29 APPOINTED OFFICIALS OFTHE CITY, OTHER THAN GOVERNMENTAL, WHO PERFORM SERVICES
30 FOR THE CITY, WHICH SERVICES ARE CONNECTED WITH THE OPERATION OF MUNICIPALLY
31 OWNED UTILITY OR FUNCTIONS.
32
33 Councilperson Bodiker stated he would support the Ordinance since he could not
34 vote against other very deserved raises.
35
36 Ordinance No. 75-1984 was adopted with the following recorded vote:
37
38 Ayes: Williams, Brookbank, Parker, Bodiker, Lemoine and Morris (7)
39 Nays: Elstro (1)
40 Absent: Whitesell (1)
41
42 ORDINANCE NO. 76-1984
43
44 The Clerk read on second reading Ordinance No. 76-1984 - AN ORDINANCE VACATING
45 CERTAIN PUBLIC RIGHTS-OF-WAY LYING IN THE TERRITORY GENERALLY BOUNDED BY NORTH
46 "J" STREET, NORTH 13TH STREET, NORTH "H" STREET AND NORTH 12TH STREET.
47
48 Mr. Barden examined the Proof of Publication and found it to be in order.
49 Councilperson Parker moved to accept and file the Proof of.Publication, second
50 ed by Councilperson Hankinson and on unanimous voice vote the motion was carri-d.
51
11/ 52 President Elstro explained that this Ordinance would be on public hearing
53 tonight since it had been advertised and certified mail had been sent to ad-
54 joining property owners regarding the hearing. No final action can be taken on
55 this Ordinance until the Plan Coimiission makes a recommendation from its publi.
56 hearing. The Ordinance will be recommitted to the Plan Coiiiission after the
57 Council public hearing. f
58
59 President Elstro announced Ordinance No. 76-1984 was on public hearing.
60
61 Speaking for Ordinance No. 76-1984 was Sue Roberson, 644 South 5th Street,
62 representing Townsend Center. Ms. Roberson stated that Townsend Center would
63 like to put a parking lot in the areas being requested to be vacated and to also
64 run some of their programsiin this area. The area includes 1 whole alley, parts
65 of two (2) alleys and North H Street. Townsend Center will grant a thirty (30)
54.0
Common Council Minutes Cont'd
July 16, 1984
Page 10
•
1 foot easement for access from J Street to an alley behind properties on North
2 13th Street.
3
11/
4 Speaking against Ordinance No. 76-1984 was Hattie Walker, 805 North 13th
5 Street, owner of a property at 806 North 13th Street. Mrs. Walker expressed
6 concern with the thirty (30) foot easement that would be running next to her
7 property at 806 North 13th Street. She stated they would have problems getting
8 access to their property with H Street closed since J Street is difficult to
9 travel in the winter.
10
11 Mr. Dan Dooley told the Coucnil that this petitinnhas been held at the Planning
12 Commission for time to work out a solution to the access problem and there is
. 13 a compromise possibility.
14
15 Councilperson Bodiker moved .to refer Ordinance No. 76-1984 back to the Plan
16 Commission for further study and to return to the Common Council on a continu-
17 ed Public Hearing in the Council on September 4, 1984, seconded by Council-
18 person Morris and on unanimous voice vote the motion was carried.
19
20 ORDINANCE NO. 79-1984
21
22 The Clerk read on second reading Ordinance No. 79-1984 - AN ORDINANCE RATIFY-
23 ING THE SALARIES, WAGES AND POSITIONS FOR APPOINTED OFFICERS AND EMPLOYEES
24 OF THE RICHMOND SANITARY DISTRICT FOR THE FISCAL YEAR BEGINNING JANUARY 1,
25 1985, AND ENDING DECEMBER 31, 1985, AS ADOPTED BY THE BOARD OF SANITARY COM-
26 MISSIONERS.
27
28 Councilperson Bodiker asked the City Attorney what the legal ramifications
29 would be if the council turned this Ordiannce down. Mr. Barden indicated that
30 the Sanitary Commissioners have the authority to establish the salaries and
31 positions, but that the State Board of Accounts have recommended that the
32 Council have the opportunity to review these positions and salaries. •
33
34 Ms. Maness stated that the State Board of Accounts maintains the position that
35 unless these salaries and positions are established by Ordinance they do not
36 have to be paid.
37
38 President Elstro announced that Ordinance No. 79-1984 is on public hearing.
39
40 Speaking in favor of Ordinance No. 79-1984 was Ralph Willis, Director of Public
41 Works. Mr. Willis stated that the Sanitary Commissioners would be more than
42 glad to bend to the wishes of the Council regarding the Sanitary Budget since
43 the Council is the elected body representing the people of the community.
44
45 Councilperson Hankinson moved for engrossment of Ordinance No. 79-1984,
46 seconded •by Councilperson Parker and on unanimous voine vote the motion was
47 carried.
48
49 Councilperson Hankinson moved to suspend the rules and to move Ordinance NO.
50 79-1984 to third and final reading and read by title only, seconded by Council
51 person Brookbank and on unanimous voice vote the motion was carried.
52
53 The Clerk read on third and final reading by title only Ordinance No. 79-1984-
54 AN ORDINANCE RATIFYING THE .SALARIES, WAGES AND POSITIONS FOR APPOIN hD OFFICER.
55 AND EMPLOYEES OF THE RICHMOND SANITARY DISTRICT FOR THE FISCAL YEAR BEGINNING
56 JANUARY 1, 1985 AND ENDING DECEMBER 31, 1985, AS ADOPTED BY THE BOARD OF SAN-
57, ITARY COMMISSIONERS.
58 •
59 Ordinance No. 79-1984 was adopted with the following recorded vote:
60
61 Ayes: Williams, Brookbank, Hankinson, Parker, Bodiker, Lemoine, Morris and
62 Elstro (8)."
63 Nays: None (0)
64 Absent: Whitesell (1)
65 •
541
Common Council Minutes Cont'd
July 16, 1984
Page 11
1 ORDINANCE NO. 80-1984
III 2
3 The Clerk read on second reading Ordinance No. 80-1984 - AN ORDINANCE ESTAB-
1LISHING THE LONGEVITY PAY OF RICHMOND POLICE OFFICERS AND SPECIFYING THE RAT
OF SUCH LONGEVITY PAY.
71 Councilperson Hankinson commented that longevity pay is a basic personnel
1 compensation component.
9
10 Councilperson Lemoine moved :to amend Ordinance No. 80-1984 by defeated Section
11 3, seconded by Councilperson Hankinson and on the following vote the amendment
1 was defeated.
13
1 Ayes: Hankinson, Parker, Bodiker and Lemoine (4)
15 Nays: Williams, Brookbank, Morris and Elstro (4)
10 Absent: Whitesell (1)
17
18 Councilperson asked Ms. Maness if longevity pay has to do with pension. Ms.
191 Maness stated that longevity is additional compensation that active policemen
20 draw. The pension drawn by a retiree is one half of the base pay plus one half
21 of twenty years of longevity.
22
23 Councilperson Morris explained that the pay was established by use of a non-
24 reverting fund was to make certain that these fees would be coitn:iitted to long-
25 evity and that the fees would be earning interest specifically for longevity
26' funding and would not be lost inthe general fund.
27
28 Councilperson Williams stated he was not against longevity pay, but the manner
291i in which this ordinance would implement that pay. He felt it should be a part
30 of the general fund.
31
32 President Elstro announced that Ordinance No. 80-1984 was on public hearing.
33
34 Speaking for Ordinance No. 80-1984 was William Shake representing the officers
35 of the Richmond Police Department. Mr. Shake stated that the negotiations with
36 the City went well this year and both sides saw the need to increase the long-
37 evity fund to maintain the current level of quailified officers.
38
391 Ralph Himelick of Sanders Jewelers asked if the longevity pay was based on
40 years of performance or quality of service. Ms. Maness stated it was based on
41 years of service.
42
43 Ms. Maness explained that Ordinance No. 80-1984 needs to be amended by changing
44 Section 3 as indicated in a letter to the Council.
45
46 Councilperson Lemoine moved to amend Ordinance No. 80-1984 by changing Section
47� 3 to read as follows: "Funding for the longevity pay shall be provided first
48 by the fees generated and deposited on the non-reverting fund created by
41 Ordinance No. 80-1984. Any outstanding unpaid balance due on the current year
50 longevity will be budgeted in the general fund in order to provide a start up
51 balance.
52
53 Except for calendar year 1985 in order to provide a start up balance in which
54 an amount equal to longevity calculated at the rate in effect in 1984 will be
55 paid from the General Fund-Police Department of the Civil City budget with the
56 remainder of the longevity pay to be expended from the non-reverting fund."
57
58 This amendment was seconded by Councilperson Morris and on unanimous voice vote
59 the amendment was passed.
60
61 Councilperson Hankinson moved for engrossment of Ordinance No. 80-1984, second-
62 ed by Councilperson Williams and on unanimous voice vote the motion was carrie .
63
6 Councilperson Hankinson moved to suspend the rules and to move Ordinance No.
65 80-1984 to third and final reading and to read by title only, seconded by
m42.
Coon Council Minutes Cont'd
July 16, 1984
Page 12
1 Councilperson Brookbank and on unanimous voice vote the motion was carried.
2
3 The Clerk read on third and final reading by title only Ordinance No. 80-1984-
4 AN ORDINANCE ESTABLISHING THE LONGEVITY PAY OF RICHMOND POLICE OFFICERS AND
5 SPECIFYING THE RATE OF SUCH LONGEVITY PAY.
6
7 Ordinance No. 80-1984 was adopted by the following recorded vote:
8
9 Ayes: Williams, Brookbank, Hankinson, Parker, Bodiker, Lemoine, Morris and
10 Elstro (8)
11 Nays: None
12 Absent: Whitesell
13
1 ORDINANCE NO. 81-1984
15
16 The Clerk read on second reading Amended Ordinance No. 81-1984 - AN ORDINANCE
17 ESTABLISHING SERVICE CHARGES FOR THE PERFORMANCE OF CERTAIN NON-EMERGENCY
18 MAriERS BY POLICE OFFICERS OF THE CITY OF RICHMOND, INDIANA AND ESTABLISHING
19 A NON-REVERTING FUND CONSISTING OF SUCH SERVICE CHARGES DFDICATFD TO THE FUND-
20 ING OF LONGEVITY PAY OF SUCH POLICE OFFICERS OF THE CITY OF RICHMOND, INDIANA,
21 AND PROHIBITING THE USE OF CERTAIN TYPES OF ALARM EQUIPMENT.
22
23 Mr. Barden examined the Proof of Publication and found it to be in order.
2 Councilperson Hankinson moved to accept and file the proof of publication,
25 seconded by Councilperson Parker and on unanimous voice vote the motion was
26 carried.
27
28 Councilperson Morris moved to amend Ordinance No. 81-1984 as follows: Add
29 the following language to Section 1.2 "In the event that a false alarm occurs
30 on alarm equipment leased from or monitered by a privately owned alarm company,
31 the lessee and the alarm company shall be jointly and severally liable for any
32 charges assessed. The City of Richmond shall not be bound by any agreements
33 made betweenthe lessee and the alarm company with respect to the payment of
3 assessed charges." Add, Section 5 - APPEALS - "An alarm holder who has been
35 assessed a service charge for a false alarm pursuant to the provisions
36 of Section 1.2 shall have the right to request review of the charge by petit-
37 ioning the Board of Public Works and Safety in writing. The Board shall set
38 the petition for review for hearing. At the hearing the alarm holder shall
39 have the right to present evidence in its behalf. The Board shall condider
40 such evidence in light of the definition of false alarm set forth in Section
41 2.5 and shall render its decision accordingly, based upon a preponderance
42 of the evidence." Add Section 6 - SEVERABILITY - "If any provision of this
43 Ordinance is found by a court of competent jurisdiction to be invalid or
4 unconstitutional, or if the application of this Ordinance to any person or
45 circumstances is found to be invalid or unconstitutional, such invalidity or
46 unconstitutionality shall not affect the other provisions or applications
47 of this Ordinance which can be given effect without the invalid or unconstit-
48 utional provision or application". Councilperson Lemoine seconded the amend-
49 ment and on unanimous voice vote the motion was carried.
50.
51 Councilperson Lemoine moved to amend Ordinance No. 81-1984 by deleting Section
52 1.4 FUNERAL ESCORT SERVICE, seconded by Councilperson Bodiker and on a voice
53 vote with Councilperson Morris voting no the motion was carried. 11/
5 ',
55 Councilperson Parker moved to amend Ordinance No. 81-1984 by striking Section
56 1.3 NON-EMERGENCY ENTRANCE ASSISTANCE CALLS, Councilperson Hankinson seconded
57 the motion.
58
59 Councilperson Parker suggested this amendment since it is not the policy of
60 the Police Department to open locked vehicles or residences presently. Council-
61 person Lemoine suggested that will serve as a guide if this service is provide
62 in the future.
63
65 The amendment was passed on the following recorded vote:
PcZil
Common Council Minutes Cont'd
July 16, 1984
Page 13
1 Ayes: Williams, Hankinson, Parker, Bodiker, and Elstro (5)
2 Nays: Brookbank, Lemoine and Morris (3)
3 Absent: Whitesell (1)
5 Councilperson Parker asked if the 3.00 fee for Vehicle Inspection Number Check
6 would be cost effective and if we are the only City in Indiana charging the fe-.
7
8 Mr. Barden stated that he doubts we will be the last community to initiate a
9 fee for this service and the fee is a maximum set by the Indiana Administrative
10 Code.
11
12 President Elstro announced that Ordinance no. 81-1984 was on public hearing.
13
1 Speaking for Ordinance No. 81-1984 was William Shake of the Richmond Police
15 Department. Mr. Shake stated there were 1,200 alarm calls last year and 70%
16 are false alarms. Each call takes two (2) cars to respond and the time involved
17 is thirty (30) to forty-five (45) minutes per call. The vehicle inspection
18 number checks number approximately 2,000 per year and at 3.00 per check would
19� generate 6,000.00 in income.
20
21 Also speaking for Ordinance No. 81-1984 was Dale Sharits of the Richmond Polic-
22 Department. Mr. Sharits stated that these user fees can off set the fixed tax
23 rate for financing programs such as the longevity pay. T�iese service charges
24 create a specific cost for a specific service and the cost will be based on the
25 person and equipment in the alarm systems. If there is faulty equipment or a
11/ 26 lack of concern these would be the persons paying for the service of responding
27 to the false alarm.
28
291 Speaking against Ordinance No. 81-1984 was Mr. Ray 'James, Townhouse Apartments
30 representing Sonitrol in 'Richmond. Mr. James told the Council that there are
31 400 homes and businesses that have their security or fire alarm systems monit-
32 ored by Sonitrol. Mr. James agreed that false alarms are not good business,
33 but that the police have never contacted Sonitrol regarding the false alarms
34 in the past eight years and that this ordinance is purely to make money and is
35 unfair and unnecessary'.
36
37 Councilperson Bodiker asked Mr. James about the appeals section of the Ordinance
38 and Mr. James indicated that this will offer some relief.
39,
40 Also speaking against Ordinance No. ' 81-1984 was Attorney Robert Delaney, 48
41 South 7th Street. Mr. Delaney stated that he finds many technical problems
42 with this Ordinance and that he also wonders if this Ordinance will actually
43 obtain the fees expected.
/ii
45 Mr. Delaney indicated that the definition of false inthe Ordinance will create
46 difficulties and hardships on places such as Richmond Community Schools that
471 have continual trespassing calls and other institutions of this type. Mr.
48 Delaney told the Council that the false alarm section is not clear and needs to
49 be more specific.
50
51 Also speaking against Ordinance No. 81-1984 was Ralph Himelicd of Sanders
52 Jewelers. Mr. Himelick told the Couccil that this Ordinance is discriminatory
53 against businesses and industries that are forced to have alarm systems.
54
55 Speaking against Ordinance No. 81-1984 was Phillip Cates owner of a gun shop
56 at 209 West Main Street. Mr. Cates stated that with the inventory he carries
57 he must have an alarm system and that he has found that a car or truck going
58 in the alley behind his establishment can trip the alarm system creating a
51 false alarm.
60
61 Also speaking in opposition to Ordinance No. 81-1984 was Mr. Dave Dillon. Mr.
62 Dillon told the council that he has an alarm system inhis house since he has
63 a valuable collection and that his insurance company gives him a reduced rate
64 since he has an alarm system. He asked that the abusers should be singled out
65 and not all alarm users. Mr. Dillon also stated that the longevity pay should
66 be paid from the tax rate where all citizens must support this pay.
544.
Common Council Minutes Cont'd
July 16, 1984
Page 14
1 Mr. Ron Turoczy of Resitron stated he felt that the police department has no
2 follow up on the alarm calls and feels they should have a follow up back to
3 the alarm industry.
4
5 President Elstro announced that Ordinance No. 81-1984 will be held on second
6 reading for the next meeting of the Council.
7
8 ORDINANCES ON THIRD READING
9
10 Councilperson Morris moved to suspend the rules and read Ordinance No. 67-1984
11 on third and final reading,seconded by Councilperson Bodiker and on unanimous
12 voice vote the motion was carried.
13
14 ORDINANCE NO. 67-1984
15
16 The Clerk read on third and final reading by title only Ordinance No. 67-1984-
17 AN ORDINANCE AMENDING CHAPTER 154 OF THE MUNICIPAL CODE, BEING ORDINANCE NO.
18 2325-1968, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF RICHMOND,
19 INDIANA PROVIDING FOR THE REZONING OF PROPERTY LOCATED AT 119 NORTH 15TH
20 STREET FROM R-3 ONE-TO-EIGHT FAMILY RESIDENCE DISTRICT TO R-3 ONE-TO-EIGHT
21 FAMILY RESIDENCE SPECIAL USE DISTRICT AND AUTHORIZING THE SPECIAL USE OF
22 SAID PROPERTY AS A BUSINESS OFFICE.
23
24 Councilperson Bodiker requested that a letter received form Councilperson
25 Whitesell regarding this rezoning be entered into the minutes since Council-
26 person Whitesell was absent from the meeting.
27
28 Members of City Council,
29
30 The above ordinance was held on second reading at my desire for the
31 purpose of insuring that the comments of residents who spoke at the
32' public hearing were viewed. If you recall this concerned the property
33 at 119 North 15th and allowed a special use of the property as a business
34 office.
35
36 Primarily the residents were concerned with added problems of parking,
37 litter, drainage and property value deterioration.
38
39 T made three separate trips during this past week and did not observe
40 any parking problems at present. A minor amount of litter was apparent,
41 appearing to be neighborhood generated. The property has a drainage
42 towards the rear of the property into a paved alley.
43
44 As a final observation, I do question the need to allow any form of
45 business into what is from "A" Street north totally residential.
46
47 /s/ Terry Whitesell
48
49 Ordinance No. 67-1984 was defeated with the following recorded vote:
50
51 Ayes: Lemoine and Morris (2)
52 Nays: Williams, Brookbank, Hankinson, Parker, Bodiker and Elstro (6)
53 Absent: Whitesell (1)
54
55 TOWN MEETING IN DISTRICT THREE
56
57 Councilperson Brookbank announced that she will be holding a town meeting in
58 District Three on August 8, 1984 at 7:00 P.M. in the meeting room at Sycamore
59 Square.
60
61 ADJOURNMENT
62
63, There being no further business on a motion duly made, seconded and passed the
64 meeting was adjourned.
65 Howard J. Elstro - President
ATTEST: Mary Merchanthouse
City Clerk