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Home My Public Portal About05-21-1984 4 91 PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA, MAY 21, 1984 III 1 The Common Council of the City of Richmond, Indiana, met in regular session 2 May 21, 1984 at the hour of 7:30 p.m. in the Council Chambers in the Municipal 3 Building it said City. President Elstro presided with the following members 4 in attenda ce: Councilpersons Williams, Brookbank, Hankinson, Whitesell, 5 Parker, Bo iker and Morris. Absent: Lemoine. The following business was had 6 to-wit : 7 8 PLEDGE OF AILEGIANCE 9 10 SILENT DEVOTIONS 11 12 APPPROVAL OF MINUTES OF MAY 7, 1984 13 14 Councilperson Bodiker moved to correct the Minutes of May 7, 1984 under misc- 15 ellaneous Business regarding the appointment of a Council Committee, lines 16 59,60, and 61 should read "to initiate contact with County Government to de- 17 termine the reasibility of establishing a central dispatching area and 911 18 System for the citizens of the County, seconded by Councilperson Morris and 19 on unanimous voice vote the minutes were corrected. 20 21 Councilperson Williams moved to approve the minutes of the previous meeting 22 as corrected, seconded by Councilperson Whitesell and on unanimous yoice vote 23 the motion was carried. 24 11/ 25 COMMUNICATIONS FROM THE MAYOR 26 27 Mayor Waltermann told the Council his office has received the information 28 from the Registered Cities and Towns to update for the next two years with 29 the Indiana Department of Commerce, We will be utilizing the efforts of the 30 needs study program with the United Way to assist our efforts for this update 31 information. 32 33 PRESENTATIONS OF REMONSTRANCES, PETITIONS AND MEMORIALS 34 35 Rev. Ed McFarland of 2700 New Paris Pike told the Council that he and a group 36 of citizens wish to express their support for the local police and the pros- 37 ecuting attorney with regard to the South llth Street Bookstore. Rev. McFar- 38 land urged the Council to take action to remove this and like establishments 39 from our Community and provent them from locating here. 40 41 REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY 42 43 Ms. Maness told the Council that the Board of Works had appointed a Committee 44 consisting of Councilperson Brookbank, Ralph Willis, John Brown, Captain Dan 45 Wogoman and a citizen member to assist with a determination on the dangerous 46 intersection at South 21st and A Streets. She also reported that the Board 47 is awaiting a survey from the Police Department on removal of parking on one 48 side of South 20th Street from Main to A Street and these roports are due at 49 the May 31, 1984 meeting of the Board of Works. There was no meeting of the 50 Board of Works on May 17, 1984. 51 REPORTS FROM OTHER OFFICES 52 53 Ms. Maness presented a timetable for the adoption of the 1985 Budget to the 54 members of Council. 55 56 REPORTS FROM SPECIAL COMMI'ITThES 57 5$ Reid Hospital - Councilperson Brookband reported on Dr. John Wambo leaving t e 59 coi:ununity and the appointment of Violet Backmeyer to replace Grant Spears on � 60 the Board and Jim Brower to replace Mr. Golay. Mr. Jack Reed was also appoint- 61 ed as the twenty-third member of the Board. 62 63 64 MISCELLANEOUS BUSINESS 65 _ ____ Common Council Minutes Cont'd May 21, 1984 Page 2 1 Esther Kellner of 2245 South B Street, Civil Defense Director for Wayne Count , 2 aSidressed the Council regarding the Central Dispatch from the Emergency Oper- 3 ations Center and the 911 System. 5' Ms. Kellner backgrounded the construction of the EOC and the agreements betwe-n 6 the City and County regarding centralized dispatching and the 911 system. Ms. 7 Kellner noted the EOC in Wayne County is the best equipped in the State of 8 Indiana, and yet the room for the central dispatching still stands empty. The 9 agreement to install the central dispatch in the EOC was approved long ago by 10 both City and County and Ms. Kellner stressed the importance of the 911 syst 11 for the residents of the County since it is an easily remembered number in an 12 emergency situation. 13 14 Appointment of Council Committee to investigate 911 possibilities with County 15 16 President Elstro named Councilpersons Bodiker, Morris and Hankinson to initi 17 ate contact with the County regarding feasibility of establishing a centraliz-d 18 dispatch and 911 system. 19 20 Appointment of Members to Economic Growth and Development Board 21 22 Councilperson Whitesell presented the following names for appointment to the 23 Economic Growth and Developmnet Board: Jim Beier representing Education, 24 Foann Spurling representing Business, Orville allen representing Utilities 25 and Howard Ending as an at large representatibe. Councilperson Morris moved 26 nominations be closed, seconded by Councilperson Brookbank and on a unanimous 27 voice vote the motion was carried. 28 29 The Nominations were approved by the following roll call vote: 30 31 Ayes: Williams, Brookbank, Hankinson, Whitesell, Parker, Bodikec, Morris and 32 Elstro (8) 33 34 Nays: None 35 36 Absent: Lemoine (1) 37 38 Appointment of Councilperson to Community and Economic Developmnet Fund Loan 39 Committee 40 41 , President Elstro appointed Councilperson Parker to the Loan Committee of the 42 Community and Economic Development Fund 43 44, Appointment to Economic Development Commission 45 46 The name of Bruce Keith was placed in nomination as the Council appointment 47 to the Economic Development Conu«ission. Councilperson Bodiker moved the nom- 48 inations be closed, seconded by Councilperson Brookbank and on unanimous voic- 49 vote the motion was carried. 50 51 RESOLUTIONS 52 53 RESOLUTION NO. 14-1984 54 55 Councilperson Whitesell moved to suspend the rules and read Resolution No. 56 14-1984 by title only, seconded by Councilperson Brookbank and on unanimous 57 voice vote the motion was carried. 58 59 The Clerk read by title only Resolution No. 14-1984 - A RESOLUTION TO ESTABLI:H 60 A PUBLIC HEARING DATE FOR THE CONSIDERATION OF ESTABLISHING A CUMULATIVE 61 CAPITAL DEVELOPMENT FUND PURSUANT TO INDIANA CODE 36-9-15-5. 62 63 Controller Cathy Maness explained that with the recent passage of HB 1217 a 64 Cumulative Capital Development Fund can be established. This Resolution only 65 sets a public hearing date and an Ordinance will be introduced after the publ c 44(13 Common Council Minutes Cont'd May 21, 1984 • -Page 3 1 hearing to establish the fund and the amount of the levy. 2 3 Councilperson Bodiker moved to set June 6, 1984 at the hour of 7:30 p.m. in • 4 the Council Chambers of the Municipal Building as the time and place for the 5 public hearing to consider the establishment of a Cumulative Capital Develop- 6 ment Fund, seconded by Councilperson Morris and on unanimous voice vote the 7 motion was carried. 8 9 Councilperson Bodiker moved for the adoption of Resolution No. 14-1984, seconc- 10 ed by Councilperson Morris and on unanimous voice vote the motion was carried. 11 12 ORDINANCES ON FIRST READING 13 14 Councilperson Whitesell moved to suspend the rules and to read Ordinances Nos. 15 40, 44, 45, 58, 59; 60, 61, 62, 63, 64, and 66-1984 by title only, seconded . 16 by. Councilperson Hankinson and on unanimous voice vote the motion was carried. 17 18 ORDINANCE NO. 40-1984 19 20 The Clerk read on first reading by. title only Ordinance No. 40-1984 - AN 21 ORDINANCE TO APPROPRIATE WITHIN THE GENERAL FUND 22 • 23 President Elstro announced Ordinance No. 40-1984 has to be advertised. 24 25 ORDINANCE NO. 44-1984 26 27 The Clerk read on first reading by title only Ordinance No. 44-1984 .- AN 28 ORDINANCE TO LICENSE TRANSIENT DEALERS 29 30 President Elstro announced Ordinance No. 44-1984 has to be advertised. 31 32 ORDINANCE NO. 45-1984 33 34 The Clerk read on first reading by title only Ordinance No. 45-1984 - AN 35 ORDINANCE TO TRANSFER WITHIN THE OFF-STREET PARKING FUND. 36 37 Councilperson Hankinson moved to suspend the rules and move Ordinance No. 45- 38 1984 to second reading, seconded by Councilperson Williams and on unanimous 39 voice the motion was carried. . 40 41 The Clerk read on second reading by title only Ordinance No. 45-1984 - AN 42 ORDINANCE.TO TRANSFER WITHIN THE OFF-STREET PARKING FUND. 43 44 President Elstro announced Ordinance No. 45-1984 was on public hearing. 45 46 In response to a question from Councilperson. Morris, Mary Merchanthouse states. 47 that the positions of Manager for Off Street Parking and a maintenance person 48 had been eliminated and these funds will be used to offset the cut by the Sta e 49 Tax Commissioners in Electric Current and Contractual Services for elevator 50 maintenance. 51 52 Councilperson Hankinson moved for engrossment of Ordinance No. 45-1984, secon.- 53 ed by Councilperson Williams and on unanimous voice vote the motion was carried. 54 55 Councilperson Hankinson moved to suspend the rules and to move Ordinance No. 56 45-1984 to third and final reading and to read by title only, seconded by .57 Councilperson Williams and on unanimous voice vote the motion was carried. 58 59 Ordinance No. 45-1984 was adopted with the following roll call vote: 60 61 Ayes: Williams, brookbank, Hankinson, Whitesell, Parker, Bodiker, Morris and 62 Elstro (8) 63 Nays: None 64 . • 65 Absent: Lemoine Common Council Minutes Cont'd May 21, 1984 Page 4 1 ORDINANCE NO. 58-1984 2 3 The Clerk read on first reading by title only Ordinance No. 58-1984 - AN 4 ORDINANCE ESTABLISHING A COMMUNITY AND ECONOMIC DEVELOPMENT FUND FOR THE 5 CITY OF RICHMOND, INDIANA. 6 7 Councilperson Morris moved to suspend the rules and to move Ordinance No. 58- 8 1984 to second reading, seconded by Councilperson Brookbank and on unanimous 9 voice vote the motion was carried. 10 11 The Clerk read on second reading Ordinance No. 58-1984 - AN ORDINANCE ESTAB- 12 LISHING A COMMUNITY AND ECONOMIC DEVELOPMENT FUND FOR THE CITY OF RICHMOND, 13 INDIANA. 14 15 President Elstro announced Ordinance No. 58-1984 was on public hearing. 16 17 Controller Cathy Maness presented two (2) amendments to Ordinance No. 58-1984. 18 Ms. Maness proposed the addition of a new paragraph to Section C of the third 19 Whereas reading " The representative from Common Council will serve a four 20 year term. The first term will expire December 31, 1987. The Citizen member 21 appointee will serve a two year term. The first term will expire December 31, 22 1985." 23 24 The second proposed amendment changes Section H of the third Whereas to read 25 " The maximum amount of the land fund injection into any one porject will be 26 limited to $500,000. or thirty (30%) percent of the total project capital 27 cost, whichever is smaller." 28 29 Councilperson Whitesell moved to amend Ordinance No. 58-1984 as proposed, 30 seconded by Councilperson Williams and on unanimous voice vote the motion 31 was carried. 32 33 Councilperson Williams moved for engrossment of Amended Ordinance No. 58-1984, 34 seconded by Councilperson Whitesell and on unanimous voice vote the motion 35 was carried. 36 37 Councilperson Morris moved to suspend the rules and to move Amended Ordinance 38 58-1984 to third and final reading, seconded by Councilperson Williams and 39 on unanimous voice vote the motion was carried. 40 41 The Clerk read on third and final reading by title only Amended Ordinance No. 42 58-1984 - AN ORDINANCE ESTABLISHING A COMMUNITY AND ECONOMIC DEVELOPMENT FUND 43 FOR THE CITY OF RICHMOND, INDIANA. 44 45 Amended Ordinance No. 58-1984 was adopted with the following vote: 46 47 Ayes: Williams, Brookbank, Hankinson, Whitesell, Parker, Bodiker, Morris and 48 Elstro (8) 49 50 Nays: None 51 52 Absent: Lemoine 53 54 ORDINANCE NO. 59-1984 55 56 The Clerk read on first reading by title only Ordinance No. 59-1984 - AN 57 ORDINANCE AUTHORIZING THE CITY OF RICHMOND TO ISSUE ITS "ECONOMIC DEVELOPMENT 58 REVENUE BONDS SERIES A AND SERIES B (CARDON III PROJECT)" AND APPROVING OTHER 59 ACTIONS IN RESPECT THERETO. 60 61 Councilperson Whitesell moved to suspend the rules and to move Ordinance No. 62 59-1984 to second reading, seconded by Councilperson Williams and on unanimous 63 voice vote the motion was carried. 64 65 The Clerk read on second reading Ordinance No. 59-1984 - AN ORDINANCE AUTHOR- Fs Common Council Minutes Cont'd May 21, 1984 Page 5 III 1 IZING THE CITY OF RICHMOND TO ISSUE ITS "ECONOMIC DEVELOPMENT REVENUE BONDS 2 SERIES A AND SERIES B (CARDON III PROJECT)" AND APPROVING OTHER ACTIONS IN 3 RESPECT THERETO. 4 5 President Elstro announced that Ordinance No. 59-1984 was on public hearing. 6 7 Speaking for Ordinance NO. 59-1984 was Attorney Andrew Cecere, 101 South 10th 8 Street. Mr. Cecere stated this Ordinance is for 750,000.00 of industrial reve- 9 nue bonds for the purposes of building an attachment and rehabilitating a 10 Nursing Home known as the Cherish Nursing Home at 1811-1813 South 9th Street 11 in Richmond. The present facility has 29 beds with 4800 square feet. The pro- 12 posed addition to be attached to the existing facility will be 7100 square 13 feet and will have a total of 63 beds. The bonds will be used for the const- 14 ruction of the addition, rehabilitation of existing facility and to purchase 15 equipment and will add 23 jobs and additional payroll in the amount of 175,000. 16 The bonds are being purchased by a local bank and the majority of the work wi 1 17 be done by local persons. The State has issued the Needs Certificate for the 18 addition of the beds to the facility. 19 20 Mr. Cecere stated the Richmond Economic Developmnet Commission adopted a 21 Resolution on May 18, 1984 regarding the financing of the economic develop- 22 ment facilities for Cardon III, Inc. and the Richmond Plan Commission and 23 commented favorably on the project. 24 25 Mr. Don Wagoner, 1811 South 9th Street, General Manager of the facility answe - 26 ed questions from Mr. Jim Knight of 809 South 17th Street regarding the numbe III 27 of beds per room and the size of the rooms. 28 29 Councilperson Hankinson moved for engrossment of Ordinance No. 59-1984, secon.- 30 ed by Councilperson Williams and on unanimous voice vote the motion was carri:d. 31 32 Councilperson Morris moved to suspend the rules and to move Ordinance No. 59- 33 1984 to third and final reading and to read by title only, seconded by Counci - 34 person Williams and on unanimous voice vote the motion was carried. 35 36 The Clerk read on third and final reading by title only Ordinance No. 59-1984 37 AN ORDINANCE AUTHORIZING THE CITY OF RICHMOND TO ISSUE ITS "ECONOMIC DEVELOP- 38 MENT REVENUE BONDS SERIES A AND SERIES B (CARDON III PROJECT)" AND APPROVING 39 OTHER ACTIONS IN RESPECT THERETO. 40 41 Ordinance No. 59-1984 was adopted on the following roll call vote: 42 43 Ayes: Williams, Brookbank, Hankinson, Whitesell, Parker, Bodiker, Morris and 44 Elstro (8) 45 46 Nays: None 47 48 Absent: Lemoine _ 49 50 ORDINANCE NO. 60-1984 III 51 52 The Clerk read on first reading by title only Ordinance No. 60-1984 - AN 53 ORDINANCE TO APPROPRIATE WITHIN THE GENERAL FUND. 54 55 President Elstro announced Ordinance No. 60-1984 has to be advertised. 56 57 ORDINANCE NO. 61-1984 58 59 The Clerk read on first reading by title only Ordinance No. 61-1984 - AN 60 ORDINANCE TO APPROPRIATE WITHIN THE AIRPORT FUND. 61 62 President Elstro announced Ordinance No. 61-1984 has to be advertised. 63 64 65 c) Common Council Minutes Cont'd May 21, 1984 Page 6 1 ORDINANCE NO. 62-1984 2 3 The Clerk read on first reading by title:oiily Ordinance_NO.:62-1984--_AN 4 ORDINANCE TO TRANSFER WITHIN THE AIRPORT FUND. 5 6 Councilperson Hankinson moved to suspend the rules and to move Ordinance No. 7 62-1984 to second reading, seconded by Councilperson Williams and on unanimous 8 voice vote the motion was carried. 9 10 The Clerk read on second reading Ordinance No. 62-1984 - AN ORDINANCE TO 11 TRANSFER WITHIN THE AIRPORT FUND. 12 13 President Elstro announced Ordinance No. 62-1984 was on pbulic hearing. 14 15 Speaking for Ordinance No. 62-1984 was Cathy Maness stated the transfer is to 16 cover the remainder of 1984 for insurance and this was needed due to the in- 17 crease in insurance rates this year. 18 19 Councilperson Williams moved for engrossment of Ordinance No. 62-1984, second- 20 ed by Councilperson Parker and on unanimous voice vote the motion was carried, 21 22 Councilperson Williams moved to suspend the rules and to move Ordinance No. 23 62-1984 to third and final reading and to read by title only, seconded by 24 Councilperson Bodiker and on unanimous voice vote the motion was carried. 25 26 The Clerk read on third and final reading by title only Ordinance No,. 62-1984- 27 AN ORDINANCE TO TRANSFER WITHIN THE AIRPORT FUND. 28 29 Ordinance No. 62-1984 was adopted with the following vote: 30 31 Ayes; Williams, Brookbank, Hankinson,-Whitesell, Parker, Bodiker, Morris and 32 Elstro (8) 33. 34 Nays: None 35 36 Absent: Lemoine 37 38 ORDINANCE NO. 63-1984 39 40 The Clerk read on first reading by title only Ordinance No. 63-1984- AN 41 ORDINANCE TO APPROVE A TRANSFER FROM THE CASH RESERVE FUND OF RICHMOND POWER 42 & LIGHT TO THE GENERAL FUND OF THE CITY OF RICHMOND, INDIANA. 43 44 Councilperson Morris moved to suspend the rules and to move Ordinance No. 63- 45 1984 to second reading, seconded by Councilperson Williams and on unanimous 46 voice vote the motion was carried. 47 48 The Clerk read on second reading Ordinance No. 63-1984 - AN ORDINANCE TO 49 APPROVE A TRANSFER FROM THE CASH RESERVE FUND OF RICHMOND POWER & LIGHT TO 50 THE GENERAL FUND OF THE CITY OF RICHMOND, INDIANA. 51 52 President Elstro announced Ordinance No. 63-1984 was on public hearing. 53 54 There being no public comment on Ordinance No. 63-1984, Councilperson 55 Williams moved for Engrossment, seconded by Councilperson Morris and on 56 unanimous voice vote the motion was carried. 57 58 Councilperson Williams moved suspend the rules and to move Ordinance No. 63- 59 1984 to third and finalreading and to read by title only, seconded by Council 60 person Morris and on a voice vote Councilperson Hankinson voting no the motiolti 61 was defeated. 62 63 ORDINANCE NO. 64-1984 64 65 The Clerk read on first reading by title only Ordinance No. 64-1984 - AN - l d Common Council Minutes Cont'd May 21, 1984 Page 7 1 ORDINANCE TO APPROPRIATE WITHIN THE GENERAL FUND AND FROM THE FUND BALANCE. 2 3 President Esltro announced this Ordinance has to be advertised. Ms. Maness 4 commented that Ordinance No. 63-1984 will have to be passed before the Council 5 can act on Ordinance No. 64-1984 or the Council will be taking action on funds 6 that are not yet available. 7 8 This Ordinance will be held on first reading until action is taken on Ordinance 9 No. 63-1984. 10 11 ORDINANCE NO. 65-1984 12 13 The Clerk read on first reading by title only Ordinance No. 65-1984 - AN 14 ORDINANCE AMENDING SECTION 33.03 OF THE CODE OF ORDINANCES OF THE CITY OF 15 RICHMOND, INDIANA AND CONFIRMING THE POLICY OF THE CITY OF RICHMOND, INDIANA 16 AND CODIFYING THE POLICY OF THE CITY OF RICHMOND, INDIANA ON PAID VACATION 17 LEAVE FOR ITS MUNICIPAL EMPLOYEES. 18 19 Councilperson Morris moved to suspend the rules and to move Ordinance No. 65- 20 1984 to second reading, seconded by Councilperson Brookbank and on unanimous 21 boice vote the motion was carried. 22 23 The Clerk read on second reading Ordinance No. 65-1984 - AN ORDINANCE AMENDING 24 SECTION 33.03 OF THE CODE OF ORDINANCES OF THE CITY OF RICHMOND, INDIANA AND 25 CONFIRMING THE POLICY OF THE CITY OF RICHMOND, INDIANA AND CODIFYING THE 26 POLICY OF THE CITY OF RICHMOND, INDIANA ON PAID VACATION LEAVE FOR ITS MUNICIPAL 27 EMPLOYEES. 28 29 Councilperson Parker asked if this Ordinance would be retroactive or would go 30 into effect after its passage. 31 32 Ms. Maness explained this Ordinance confirms the current policy of the City 33 for all employees not covered by a bargaining unti, but the policy has never 34 been placed in Ordinance form and the State Board of Accounts will not allow 35 vacation pay without an Ordinance. 36 37 Councilperson Parker asked Ms. Maness if the vacation time is cumulative and 38 if it is does -it have a limit on the number of vacation days allowed to accum- 39 ulate. Ms. Maness stated existing policy is not to bank vacation days, but 40 this Ordinance allows accumulation of time. 41 42 Following further discussion by the Council on cummulative vacation days, it 43 was decided to leave Ordinance No. 65-1984 on second reading for clarification 44 regarding accumulation of vacation days and vacation for part time employees. 45 46 ORDINANCE NO. 66-1984 47 48 The Clerk read on first reading by title only Ordinance No. 66-1984 - AN 49 ORDINANCE RATIFYING STATE LAW AS TO THE LEGAL RESIDENCE REQUIREMENTS FOR MEM- 50 BERS OF THE POLICE AND FIRE DEPARTMENTS. 51 52 Councilperson Hankinson moved to suspend the rules and move Ordinance No. 66- 53 1984 to second reading, seconded by Councilperson Bodiker and on unanimous 54 voice vote the motion was carried. 55 56 The Clerk read on second reading by title only Ordinance No. 66-1984 - AN 57 ORDINANCE RATIFYING STATE LAW AS TO THE TEGAL RESIDENCE REQUIREMENTS FOR 58 MEMBERS OF THE POLICE AND FIRE DEPARTMENTS. 59 60 President Elstro announced Ordinance No. 66-1984 was on public hearing. 61 62 Speaking against Ordinance No. 66-1984 was Marc Smith, President of the Frater 63 nal Order of Police, 225 Crestwood Lane. Mr. Smith commented on the six (6) 64 month residence requirement for new hirees of the police and fire departments. 65 He felt that this' could eliminate recruiting possibilities for applicants that l9 it Common Council Minutes Cont'd May 21, 1984 Page 8 1 have already completed Indiana Law Enforcement Accademy for the Police Depart 2 ment. Mr. Smith stated officers from other law enforcement agencies that have 3 completed Indiana Law Enforcement Accademy can be hired and become a certifie 4 first class patrolman and under this Ordinance the person would have to re- 5 olcate in Richmond for six (6) months before they could hire on the department. 6 7 Councilperson Hankinson questioned that without the City Attorney and if this 8 Ordinance is ratifying State Law the Council does not have the authority to 9 change any language in this Ordinance. 10 11 Councilperson Williams stated his support for this Ordinance since it benefits 12 the taxpayers of the Richmond area. 13 14 Councilperson Williams moved for engrossmnet of Ordinance No. 66-1984, second- 15 ed by Councilperson Morris and on unanimous voice vote the motion was carried. 16 17 Councilperson Williams moved to suspend the rules and to move Ordinance No. 18 66-1984 to third and final reading and to read by title only, seconded by 19 Councilperson Morris and on unanimous voice vote the motion was carried. 20 21 The Clerk read on third and final reading by title only Ordinance No. 66-1984- 22 AN ORDINANCE RATIFYING STATE LAW AS TO THE LEGAL RESIDENCE REQUIREMENTS FOR 23 MEMBERS OF THE POLICE AND FIRE DEPARTMENTS. 24 25 Ordinance No. 66-1984 was adopted with the following vote: , . 26 27 Ayes: Williams, Brookbank, Hankinson, Whitesell, Parker, Bodiker, Morris and 28 Elstro (8) 29 30 Nays: None 31 32 Absent: Lemoine 33 34 ORDINANCES ON SECOND READING 35 36 The Clerk read on second reading Ordinance No. 19-1984 - AN ORDINANCE REQUIR- 37 ING THE LICENSING OF KENNELS AND PET SHOPS REQUIRING SUCH KENNELS AND PET 38 SHOPS TO BE KEPT IN A CLEAN AND SANITARY CONDITION, PROVIDING FOR THE INSPECT- 39 ION OF SAME AND PENALIIES FOR VIOLATION THEREOF. 40 41 Councilperson Parker moved to amend Ordinance No. 19-1984 with addition of 42 F. under Section 1. stating that the Animal Welfare Leage be exempt from 43 this Ordinance. The motion was seconded by Councilperson Hankinson. 44 45 Councilperson Bodiker asked for an explanation of this amendment and Council- 46 person Parker stated that the Animal Welfare Leagie should be exmept from this 47 Ordinance particularly working regarding vaccinations and rabies shots from 48 license veterinarians since there are a great deal of animals passing through 49 the shelter and this would be costly for each animal to be vaccinated. 50 51 Councilperson Morris asked Dr. Carolyn Blakey to address this amendment befor- 52 Council takes action. Dr. Balkey stated she supports this Ordinance as it now 53 stands and she feels the Animal Welfare Shelter should be included in the 54 Ordinance. This issue should be addressed in detail regarding the Welfare 55 Shelter and she feels there is nothing in the Ordinance they cannot live 56 with. 57 58 Mr. James Shearer of 567 Earlham Drive spoke regarding the amendment and 59 stated he does not support this amendment, but supports the Ordinance as pre 60 sented. 61 62 Also speaking for Ordinance No. 19-1984 was Dorothy Smith. 63 64 Speaking against Ordinance No. 19-1984 was Richard Longer, 5309 National Road 65 East, President of the Board of Directors of the Animal Welfare League. Mr. 41 Common Council Minutes Cont'd May 21, 1984 Page 9 1 Longer stated that an animal must be kept five (5) days unelss sick or mangled 2 and that eventually 80% of these animals are put to sleep. Due to the cost 3 involved in vaccination of each animal that must be kept five (5) days, Mr. 4 Longer feels that the Animal Welfare League should be exempt from this portio 5 of this Ordinance. 6 7 On a call of the roll the motion to exempt the Animal Welfare League from 8 Ordinance No. 19-1984 was defeated as follows: 9 10 Ayes: Hankinson, Whitesell, Parker, and Elstro (4) 11 12 Nays: Williams, Brookbank, Bodiker, and Morris (4) 13 14 Absent: Lemoine 15 16 Councilperson Whitesell moved the amendments presented by the City Attorney 17 at the previous Council Meeting and noted in a copy of the proposed amended 18 ordinance be accepted, seconded by Councilperson Morris and on a call of the 19 roll were approved. 20 21 Ayes: Williams, Brookbank, Hankinson, Whitesell, Parker, Bodiker, Morris and 22 Elstro (8) 23 24 Nays: None 25 26 Absent: Lemoine 27 28 It was suggested by the Council that the City Attorney meet with the Animal 29 Welfare Shelter regarding the vaccination of animals at the shelter. 30 31 Councilperson Hankinson moved for engrossment of Ordinance No. 19-1984, 32 seconded by Councilperson Morris and on unanimous voice vote the motion was 33 carried. 34 35 Councilperson Hankinson moved to suspend the rules and to move Ordinance No. 36 19-1984 to third and final reading and to read by title only, seconded by 37 Councilperson Morris and on a voice vote with Councilperson Whitesell voting 38 no the motion was defeated. 39 40 ORDINANCE NO. 23-1984 41 42 The Clerk told the Council members that Ordinance No. 23-1984 needs to be moved 43 on the agenda since Ordinance No. 51-1984 needs to be acted on first in conn- 44 ection with Ordinance No. 23-1984. 45 46 Councilperson Morris moved to place Ordiaance No. 23-1984 after Ordinance No. 47 51-1984 on the agenda, seconded by Councilperson Hankinson and on unanimous 48 voice vote the motion was carried. 49 50 ORDINANCE NO. 38-1984 51 52 The Clerk read on second reading Ordinance No. 38-1984 - AN ORDINANCE AMENDIN! 53 SECTION 33.05 OF THE MUNICIPAL CODE FOR THE CITY OF RICHMOND REQUIRING THAT 54 ANY HEARING HELD BY A FACT FINDING PANEL IN CITY EMPLOYEE NEGOTIATIONS MUST 55 COMPLY WITH THE PUBLIC HEARING REQUIREMENTS OF INDIANA CODE, I.C.5-14-1.5-6.5. 56 57 Councilperson Bodiker requested that this Ordinance remain on public hearing. 58 President Elstro stated Ordinance No. 38-1984 will remain on second reading, 59 public hearing. 60 61 ORDINANCE NO. 49-1984 62 63 The Clerk read on second reading Ordinance No. 49-1984 - AN ORDINANCE AMENDIN 64 SECTION 33.05 OF THE MUNICIPAL CODE, BEING ORDINANCE NO. 2325-1968, COMMONLY 65 KNOWN AS THE ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA, PROVIDING FOR 5 f00 Common Council Minutes Cont'd May 21, 1984 Page 10 1 THE REZONING OF PROPERTY LOCATED AT 2906 EAST MAIN STREET, FROM R-2 SINGLE 2 FAMILY RESIDENCE DISTRICT AND R-3 ONE-TO-EIGHT FAMILY RESIDNECE DISTRICT TO 3 C-2 COMMERCIAL DISTRICT. 4 5 The Clerk read a letter from Robert G. Burton, Attorney for Betsy J. Jaffee, 6 Petitioner in this matter. 7 _ 8 Dear Mr. Elstro: 9 10 My cleint, Betsy J. Jaffee, respectfully requests the withdrawal of her 11 petitiomfor rezoning property located at 2906 East Main Street, Richmond, 12 Indiana, submitted to Council as Ordinance No. 49-1984. Accordingly, would 13 you please remove this item from your agenda for tonight's meeting. Thank 14 you for your consideration. 15 16 /s/ Robert G. Burton 17 18 Councilperson Whitesell moved to strike Ordinance No. 49-1984 from the Agenda, 19 seconded by Councilperson Hankinson and on unanimous voice vote the motion 20 was carried. 21 22 ORDINANCE NO. 51-1984 23 24 The Clerk read on second reading Ordinance No.51-1984 - AN ORDINANCE AMENDING 25 CHAPTER 154 OF THE MUNICIPAL CODE, BEING ORDINANCE NO. 2325-1968, COMMONLY 26 KNOWN AS THE ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA. 27 28 President Elstro announced that Ordinance No. 51-1984 was on public hearing. 29 30 Speaking for Ordinance No. 51-1984 was Attorney George Sowers representing 31 William and Mary Wingate owners of the property located at 102 South 18th 32 Street, who have agreed to sell the property to George and Vicky Clinton. 33 The petitioners are asking for rezoning from R-2 to R-3 for a special use for 34 a professional building. It was suggested by the Plan Commission to create 35 a new special use to prevent this area from having multi-family dwellings 36 which the R-3 allows. This special use will allow architectural, engineering 37 and legal on primary, secondary or collector streets or thoroughfares. 38 39 The Plan Commission voted seven (7) to one (1) to recommend passage of Ord- 40 inance No. 51-1984 with the following amendment: 41 42 Section 1. 21.013 Architectural, engineering and legal offices, when located 43 on a primary, secondary or collector street or thorough- 44 fare as defined in Chapter 153 of the Municipal Code of 45 the City of Richmond, Indiana, said Chapter being the 46 Subdivision Control Ordinance. 47 48 This property would be for an office for R.W. Clinton and Associates. 49 50 Councilperson Morris moved to accept the proposed amendment to Ordinance No. 51 51-1984, seconded by Councilperson Whitesell and on a voice vote with Council- 52 person Elstro voting no the motion was carried. 53 54 Councilperson Whitesell moved for engrossment of Amended Ordinance No. 51-198+ 55 seconded by Councilperson Hankinson and on unanimous voice vote the motion 56 was carried. 57 58 Councilperson Morris moved to suspend the rules and to move Amended Ordinance 59 No. 51-1984 to third and final reading and to read by title only, seconded 60 by Councilperson Parker and on unanimous voice vote the motion was carried. 61 621 The Clerk read on third and final reading by title only Amended Ordinance No. 63 51-1984 - AN ORDINANCE AMENDING CHAPTER 154 OF THE MUNICIPAL CODE BEING ORD- 64 INANCE NO. 2325-1968, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY pF 65 RICHMOND, INDIANA. fi s;l.1 Common Council Minutes Cont'd . May 21, 1984 Page 11 1 Ordinance No. 51-1984, as amended, was adopted with the following vote: 2 3 Ayes: Williams, Brookbank, Hankinson, Whitesell, Parker, Bodiker, and Morris 4 (7) 5 Nays; Elstro (1) 6 Absent: Lemoine 7 8 ORDINANCE NO. 23-1984 9 10 The Clerk read on second reading, Ordinance No. 23-1984 - AN ORDINANCE AMENDING 11 CHAPTER 154 OF THE MUNICIPAL CODE, BEING ORDINANCE NO. 2325-1968, COMMONLY 12 KNOWN AS THE ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA, PROVIDING FOR 13 THE REZONING OF PROPERTY LOCATED AT 102 SOUTH 18th STREET FOR R-2 SINGLE 14 FAMILY RESIDENCE DISTRICT TO R-3 ONE -TO-EIGHT FAMILY RESIDENCE DISTRICT AND 15 AUTHORIZING THE SPECIAL USE OF SAID PROPERTY AS A PROFESSIONAL OFFICE. 16 17 Councilperson Brookbank asked regarding a very dangerous turn onto South A 18 Street from the alley behind the property in question. Mr. Sowers commented 19 that Mr. Clinton would dedicate a 10' right of way to assist this problem. 20 21 Councilperson Brookbank also inquired if the guest parking on the south side 22 of the property is agreeable -to the neighbors. Mr. Clinton commented that 23, going to off street parking would eliminate a lot of cars on the street and 24 the off street parking area would_be well landscaped and. blend into the area. 25 26 President Esltro announced that Ordinance No. 23-1984 was on public hearing. 27 • 28 Speaking against Ordinance No. 23-1984 was Estelle Williams of South 17th 29 And A Streets. She commented on the dangerous alley turning onto A Street 30 between 17th and 18th Streets. 31 32 The Plan Commission voted eight (8) to (0) in favor of this Ordinance with 33 the following amendments: Withdraw the petition to rezone from R-2 to R-3. • 34 Amend the petition for special use to a petition for professional offices 35 for R.W. Clinton & Associates, Inc. as a special use in an R-W zone classifi- 36 cation pursuant to Article 21.013 to Chapter 154 of the Municipal Code, which 37 provision is provided for in Amended Ordinance No. 51-1984. 38 39 Councilperson Whitesell moved to adopt the amendments to Ordinance No. 23-1984, 40 seconded by Councilperson Morris and on unanimous voice vote the motion was 41 carried. 42 43 Councilperson Williams moved for engrossment of Amended Ordinance No. 23-1984 /16 seconded by Councilperson Whitesell and on unanimous voice vote the motion 45 was carried. 46 47 Councilperson Williams moved to suspend the rules. and to move Amended Ordinan e 48 No. 23-1984 to third and final reading and to read by title only, seconded 49 by Councilperson Morris and on unanimous voice vote the motion was carried. 50 51 The Clerk read on third and final reading by title only, Amended Ordinance No 52 23-1984 - AN ORDINANCE AMENDING CHAPTER 154 OF THE MUNICIPAL CODE, BEING 53 ORDINANCE NO. 2325-1968, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY 54 OF RICHMOND, INDIANA, PROVIDING FOR THE REZONING OF PROPERTY LOCATED AT 102 55 SOUTH 18th STREET, FROM R-2 SINGLE FAMILY RESIDENCE DISTRICT TO R-2 SU SINGLE 56 FAMILY RESIDENCE SPECIAL USE DISTRICT, AND AUTHORIZING THE SPECIAL USE OF 57 SAID PROPERTY AS AN ARCHITECTURAL OFFICE. 58 59 Amended Ordinance No. 23-1984 was adopted with the following vote: 60 61 Ayes: Williams, Hankinson, Whitesell, Parker and Morris (5) 62 63 Nays: Brookbank, Bodiker and Elstro (3) 64 65 Absent: Lemoine (1) u Common Council Minutes Cont'd May 21, 1984 Page 12 11 ORDINANCE NO. 53-1984 3 The Clerk read on second reading Ofdinance No. 53-1984 - AN ORDINANCE PURSU- • 1ANT TO CHAPTER 154 OF THE MUNICIPAL CODE, BEING THE ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA, PROVIDING FOR THE AMENDMENT OF A SPECIAL USE SITE 1 PLAN, ADOPTED AS EXHBITI "A" OF ORDINANCE NO. 7-1984. President Elstro announced Ordinance No. 53-1984 was on public hearing. 9 iq Speaking for Ordinance. No. 53-1984 was Victor Bartlemay, 1352 Quail Ridge 111 and developer of the site on Chester Boulevard and is requesting to relocate 121 proposed Engle Drive fifteen (15) feet north and modify the building setback 13 requirements of 50' to 20' in instances where commercial buildings in this 1 project are adjacent to Engle Drive. 1 1 The Plan Commission voted eight (8) to zero (0) in favor of Ordinance No. 1/A 53;1984. 1 0 CouncilpersoniHankinson moved for engrossment of Ordinance No. 53-1984, 2 seconded by Councilperson Williams and on unanimous voice vote the motion 2 was carried. 2 21 Councilperson Willaims moved to suspend 'the rules and mvoe Ordinance No. 53- 24 1984 to third and final reading and to read by title only, seconded by 25 Coucnilperson Morris and on unanimous voice vote the motion was carried. 26 21 The Clerk read on third and;.final reading by title only Ordinance No. 53-198 - 2, AN ORDINANCE PURSUANT TO CHAPTER 154 OF THE MUNICIPAL CODE, BEING THE ZONING 2 ORDINANCEuOF THE CITY OF RICHMOND, PROVIDING FOR THE AMENDMENT OF A SPECIAL 30 USE SITE PLAN, ADOPTED AS EXHIBIT "A" OF ORDINANCE NO. 7-1984. 31 • 32 Ordinance No. 53-1984 was adopted with the following vote: 33 3 Ayes: Williams, Brookbank, Hankinson, Whitesell, Parker, Bodiker, Morris 3 , and Elstro (8) 34,37 Nays: None 3 39 Absent: Lemoine 40 41 UNFINISHED BUSYNESS 4�4 The Council was reminded of an Executive Sessionregarding pending litigation 1against the City at 6:30 p.m. on May 29th at the Service Building at Richmond Power & Light. l 46 11 47 Mayor Frank Waltermann made the following appointments to the Economic Growtr. 48 and Development Board. representing Labor is Victor Conti, Industry is 4 David Quigley. Finance is Stanley Vigran, At large is Paul Lingle and at 5 large is Eileen Baker. 5 , 52 Mayor Waltermann also appointed Chester Theobald tcQ the Richmond Park Board. 53 54 ADJOURNMENT 55 56 There being no further business on a motion duly made, seconded and passed 57 the meeting was adjourned. 5�5 66 Howard J. Elstro 6 President 6 qATTEST: Mary Merchanthouse 64 City Clerk 65