Loading...
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