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HomeMy Public PortalAbout05-07-1984 4W PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA, MAY 7, 1984 1 The Common Council fo the City of Richmond, Indiana, met in regular session 2 May 7, 1984 at the hour of 7:30 p.m. in the Council Chambers in the Municipal 3 Building in said City. President Elstro presided with the following members 4 present: Councilpersons: Williams, Brookbank, Hankinson, Whitesell, Parker, 5 Lemoine and Morris. 6 Absent: None. The following business was had to- wit: 7 8 PLEDGE OF ALLEGIANCE 9 10 SILENT DEVOTIONS 11 12 APPROVAL OF MINUTES OF APRIL 16,1984 13 14 Councilperson Lemoine moved to correct the minutes on page line 3 and 4 by 15 attributing the statement regarding the re-establishment of a negative cash 16 balance and to correct the spelling of ADACT to ADAP, seconded by Council- 17 person Williams and on unanimous voice vote the motion was carried. 18 19 Councilperson Hankinson moved to approve the minutes as corrected, seconded 20 by Councilperson Williams and on unanimous voice vote the motion was carried. 21 22 EXCUSES FOR PREVIOUS ABSENCES 23 24 Councilperson Whitesell stated he was absent from the April 16, 1984 meeting 25 due to being out of town. 26 27 COMMUNICATIONS liROM THE MAYOR 28 29 Mayor Frank Waltermann commented on his trip to Thomasville, Georgia with 30 the Rose Festival activities and thanked the Council for their input into 31 the Economic Development Ordinance. 32 33 Mayor Waltermann acknowledged the students in the audience from the Center- 34 ville Government Classes. 35 36 REPORTS FROM SPECIAL COMMITTEES 37 38 Reid Hospital 39 40 Councilperson Brookvank stated she had attended the Reid Hospital Board 41 Meeting and the main concern of the Board was the rural designation assigned 42 to the Hospital. 43 44 Plan Commission 45 46 Councilperson Morris announced the next meeting of the Plan Commission will 47 be May 15, 1984 at 7:30 P.M. 48 49 Enterprise Zone 50 51 Councilperson Brookbank told the Council the main issue discussed at the 52 last meeting was a job description for the Enterprise Zone Director. 53 111 54 MISCELLANEOUS BUSINESS • 55 56 Councilperson Bodiker requested President Elstro to' appoint a three (3) 57 person committee from the members of Common Council with the President of 58 the Council and the President of the Board of Works as exofficio members to 59 contactthe County Government to initiate negotiations to establish a central 60 dispatching area in the Emergency Operating Center and to establish a County 61 wide 911 System for the convenience of the citizens of the County. 62 63 President Elstro will appoint this committee. 64 65 RESOLUTIONS 41,9 Common Council Minutes Cont'd May 7, 1984 Page 2 1 Councilperson :Whitesell:=moved- to suspend _the:tu-les( and to= readi.Resolutions III 2 No. 12 and 13-1984 by title only, seconded by Councilperson Morris and on 3 unanimous voice vote the motion was carried. 4 5 RESOLUTIONS NO. 12-1984 6 7 The Clerk read by title only Resolution No. 12-1984 - A RESOLUTION. APPROVING 8 LIMITED TIME PARKING AND ESTABLISHING RENTAL PARKING SPACES AND THE CHARGES 9 FOR SUCH IN MUNICIPALLY OWNED PARKING LOTS IN THE 100 BLOCK OF NORTH 6TH 10 STREET AND THE 100 BLOCK OF SOUTH 9TH STREET. 11 12 Mary Merchanthouse explained that this is.a part of the overall program for 13 off street parking facilities and to make the facilities self supporting. 14 This phase of the program will offer rental parking facilities in the mun- 15 icipally owned lots not directly adjacent to the downtown area at a rate of 16 - 10.00 per month. 17 18 Councilperson Hankinson moved for adoption of Resolution No. 12-1984,seconded 19 by Councilperson Morris and on unanimous voice vote the motion was carried. 20 21 RESOLUTION : . 13-1984 22 23 The Clerk read by title only Resolution No. 13-1984 - A RESOLUTION TO TAKE 24 FINAL ACTION TO CONFIRM RESOLUTION NO. 10-1984. 25 26 Mr. Barden presented Proof of Publication for Public Hearing to establish the 27 revitalization areas and noted that it was in proper order-. 28 29 Councilperson Parker moved to accept and file the Proof of Publication, 30 seconded by Councilperson Whitesell and on unanimous voice vote the motion 31 was carried. 32 33 Councilperson Hankinson moved to adopt Resolution No. 13-1984, seconded by 34 Councilperson Morris and on unanimous voice vote the motion was carried. 35 36 ORDINANCES ON FIRST READING 37 38 Councilperson Whitesell moved to suspend the rules and read on first reading 39 by title only Ordinanccs No. 35,47,49,50,51,53,54,54,56,57 and 58-1984, 40 seconded by Councilperson Hankinson and on unanimous voice vote the motion 41 was carried. 42 43 ORDINANCE NO. 35-1984 44 45 The Clerk read on first reading by title only Ordinance No. 35-1984 - AN 46 ORDINANCE AUTHORIZING THE PURCHASE BY THE CITY OF RICHMOND PUBLIC OFFICIALS 47 (OFFICERS AND DIRECTORS) LIABILITY INSURANCE FOR MEMBERS OF THE COMMON COUNCIL, 48 ELECTED CITY OFFICIALS, EMPLOYEES AND MEMBERS OF BOARDS AND COMMISSIONS. 49 50 Councilperson Hankinson asked if there were any figures relative to cost 51 projections for this insurance. 52 53 Mr. Barden explained that this Ordinance only authorizes the right to purchase 54 the insurance, the funds will have to be appropriated for the actual purchase. 55 Mr. Barden commented that Ms. Maness is receiving quotes and has received 56 one quote to date. 57 58 Ms. Maness explained the Wayne County Insurance Service is soliciting quot- 59 ations. 60 61 Councilperson Hankinson stated he would like to see the costs of the insuranc- 62 brought back to the Council for final action. 63 64 Councilperson Morris moved to suspend the rules on Ordinance No. 35-1984 and 65 to move it to second reading and to read by title only, seconded by Council- ... Common Council Minutes Cont'd May 7, 1984 Page 3 1 person Parker and on unanimous voice vote the motion was carried. 2 3 The Clerk read on second reading by title only Ordinance No. 35-1984 - AN 4 ORDINANCE AUTHORIZING THE PURCHASE BY THE CITY OF RICHMOND PUBLIC OFFICIALS 5 (OFFICERS AND DIRECTORS) LIABILITY INSURANCE FOR MEMBERS OF THE COMMON 6 COUNCIL, ELECTED CITY OFFICIALS, EMPLOYEES AND MEMBERS OF BOARDS AND COMMISS- 7 IONS. 8 9 President Elstro announced Ordinance No. 35-1984 is on public hearing. 10 11 There was no public coiintient for or against Ordinance No. 35-1984. 12 13 Councilperson Hankinson moved for engrossment of Ordinance No. 35-1984, 14 .seconded by Councilperson Williams and on unanimous voice vote the motion 15 was carried. 16 17 Councilperson Williams moved to suspend the rules and to move Ordinance No. 18 35-1984 to third and final reading and to read by title only, seconded by 19 Councilperson Brookbank and on unanimous voice vote the motion was carried. 20 21 The Clerk read on third and final reading by title only Ordinance No. 35- 22 1984 - AN ORDINANCE AUTHORIZING THE PURCHASE BY THE CITY OF RICHMOND PUBLIC 23 OFFICIALS (OFFICERS AND DIRECTORS) LIABILITY INSURANCE FOR MEMBERS OF THE 24 COMMON COUNCIL, ELECTED CITY OFFICIALS, EMPLOYEES AND MEMBERS OF BOARDS AND 25 COMMISSIONS. 26 27 Ordinance No. 35-1984 was adopted with the following vote: 28 29 Ayes: Williams, Brookbank, Hankinson, Whitesell, Parker, Bodiker, Lemoine, 30 Morris and Elstro (9) 31 32 Nays: None 33 34 ORDINANCE NO. 47-1984 35 36 The Clerk read on first reading by title only Ordinance No. 47-1984 - AN 37 ORDINANCE IMPOSING RESTRICTIONS ON PARKING IN DESIGNATED RESIDENTIAL DISTRICT$ 38 AND AUTHORIZING THE CONDITIONAL ISSUANCE OF PARKING PERMITS TO RESIDENTS OF 39 SUCH DISTRICTS. 40 41 Mr. Barden noted that Ordinance No. 33-1984 will need to be striken from the 42 Agenda and that this Ordinance will replace it. The Ordinance as previously 43 written is unconstitutional. 44 45 Councilperson Morris questioned if the 3.00 fee were adequate for administra- 46 tive costs and if any cost estimates were available on the signs. 47 48 Mr. Barden felt that the fee would cover expenses and Mr. Willis explained 49 the signs could cost from 2.00 to 15.00 each depending on how they were made. 50 51 Councilperson Morris asked Mr. Barden regarding any problems with determin- 52 ation of residency, delivery vehicles and guests at residences. Mr. Barden 53 stated these vehicles would already be subject to the two hour parking 11/ 54 limitations and would not really be affected by this Ordinance. such vehicles 55 as moving vans needing longer than two hours could qualify for a permit for 56 exemption of the time limitation. 57 58 Mr. Barden also coiiunented that this Ordinance had passed the Supreme Court 59 test for constitutionality. 60 61 In response to a question from Councilperson Lemoine, Mr. Barden stated that 62 the maximum number of decals that can be issued per resident is one per veh- 63 icle. 64 65 NY. Barden answered a question from President Elstro regarding what was wrong 4 a Common Council Minutes Cont'd May 7, 1984 Page 4 1 with the prior parking control in the area by stating that the residents were 2 unhappy with the lack of enforcement and also with receiving tickets on their 3 vehicles when the parking limitations were enforced and the City was placed 4 in the middle of the situtation. 5 6 Councilperson Williams suggested putting Ordinance No. 47-1984 in the Coiiauitt-e 7 of the Whole for study in order that the Council can make an intelligent de- g cision on this issue. Councilperson Williams moved that this Ordinance be 9 assigned to the Committee of the Whole, seconded by Councilperson Brookbank 10 and on the following vote the motion was passed. 11 12 Ayes: Williams, Brookbank, Hankinson, Whitesell and Elstro (5) 13 14 Nays: Parker, Bodiker, Lemoine and Morris (4) 15 16 Councilperson Lemoine conuuented that the response she had received from res- 17 idents of the High School area indicated support for this Ordinance and 18 Councilperson Hankinson stated that the area around the High School was diff- 19 erent than any other area of the community regarding on street parking. 20 21 President Elstro allowed Mr. Keith Tye of S.W. 1st Street to speak on this 22 Ordinance since he was in attendance at the Council meeting. 23 24 Mr. Tye stated that the residents of his block on S.W. 1st Street want the 25 two hour parking limitation signs back up immediately and that he also sees 26 problems with this Ordinance as written. 27 28 ORDINANCE NO. 49-1984 29 30 The Clerk read on first reading by title only Ordinance No. 49-1984 - AN 31 ORDINANCE AMENDING CHAPTER 154 OF THE MUNICIPAL CODE, BEING ORDINANCE NO. 32 2325-1968, COMMONLY KNOWN AS THE ZONING ORDINANCE OF. THE CITY OF RICHMOND, 33 INDIANA, PROVIDING FOR THE REZONING OF PROPERTY LOCATED AT 2906 EAST MAIN 34 STREET FROM R-2 SINGLE FAMILY RESIDENCE DISTRICT AND R-3 ONE-TO-EIGHT 35 FAMILY RESIDENCE DISTRICT TO C-2 COMMERCIAL DISTRICT. 36 37 President Elstro assigned Ordinance No. 49-1984 to the Plan Commission for 38 public hearing and recommendation. 39 40 ORDINANCE NO. 50-1984 41 42 The Clerk read on first reading by titly only Ordinance No. 50-1984 - AN 43 ORDINANCE AMENDING CHAPTER 154 OF THE MUNICIPAL CODE, BEING ORDINANCE NO.2325- /1/e 1968, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA 45 PROVIDING FOR THE REZONING OF PROPERTY LOCATED AT 2826 EAST MAIN STREET FROM 46 R-3 ONE-TO-EIGHT FAMILY RESIDENCE DISTRICT TO R-3 ONE-TO-EIGHT FAMILY RESIDENCE L7 SPECIAL USE DISTRICT, AND AUTHORIZING THE SPECIAL USE OF SAID PROPERTY AS A 48 BUSINESS OFFICE. 49 50' President Elstro assigned Ordinance No. 50-1984 to the Plan Commission for 11/ 51 public hearing and recommendation. 52 53 ORDINANCE NO. 51-1984 54 55 The Clerk read on first reading by title only Ordinance No. 51-1984 - AN 56 ORDINANCE AMENDING CHAPTER 154 OF THE MUNICIPAL CODE, BEING ORDINANCE NO.2325 57 1968, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA' 58 591 President Elstro assigned Ordinance No. 51-1984 to the Plan Coinuiission for 60 public hearing and recommendation. 61 62 ORDINANCE NO. 53-1984 63 61 The Clerk read on first reading by title only Ordinance No. 53-1984 - AN 6 ORDINANCE PURSUANT TO CHAPTER 154 OF THE MUNICIPAL CODE, BEING THE ZONING • Common Council Minutes Contra May 7, 1984 Page 5 1: ORDINANCE OF THE CITY OF RICHMOND, INDIANA, PROVIDING FOR THE AMENDMENT OF 2 A SPECIAL USE SITE PLAN, ADOPTED AS EXHIBIT "A" OF ORDINANCE NO. 7-1984. 3 4 President Elstro assigned Ordinance No. 53-1984 to the Plan Commission for 5 public hearing and recommendation. 6 7 ORDINANCE NO. 54-1984 8 9 The Clerk read on first reading by title only _Ordinance No. 54-1984-AN 10 ORDINANCE VACATING CERTAIN PUBLIC RIGHTS-OF-WAY LYING IN THE TERRITORY GEN- II ERALLY BOUNDED BY NORTH'"H" STREET, NORTH 18TH STREET, THE PENN CENTRAL 12 RAILROAD RIGHT-OF-WAN AND NORTH 15TH STREET. 13 14 President Elstro assigned Ordinance No. 54-1984 to the Paln Commission for 15 public hearing and recommendation. 16 17 ORDINANCE NO. 55-1984 18 19 The Clerk read on first reading by titleonly Ordinance No. 55-1984 - AN 20 ORDINANCE AUTHORIZING THE CITY OF RICHMOND TO ISSUE IT'S ECONOMTC DEVELOPMENT 21 REVENUE BONDS (PRO/CAS PROJECT) AND APPROVING OTHER ACTIONS IN RESPECT 22 THERETO. 23 24 Councilperson Lemoine moved to suspend the rules and move Ordinance No. 55-i 1984 to second reading and read by title only, seconded by Councilperson 26 Parker and on unanimous voice vote the motion was carried. 27 28 The Clerk read on second reading by title only Ordinance No. 55-1984 - AN 29 ORDINANCE AUTHORIZING THE CITY OF RICHMOND TO ISSUE IT'S ECONOMIC DEVELOPMENT 30 REVENUE BONDS (PRO/CAS) AND APPROVING OTHER ACTIONS IN RESPECT THERETO. 31 32 President Elstro announced Ordinance No. 55-1984 was on public hearing. 33 34 Councilperson Bodiker asked if there was a signed copy of the Resolution 35 adopted by the Economic Development Commission filed with the City. The 36 Clerk stated there was a signed copy in her office and Mr. Andrew Cecere 37 presented the Council with a signed copy for their inspection. 38 39 Speaking for Ordinance No. 55-1984 was. Andrew Cecere, 101 South 10th Street. 40 '. Cecere explained to•!the Council that the Economic Development Commission 41 had on May 7, 1984 passed the final Resolution for the issuance of Econocic 42 Development Revenue Bonds and recommends the adoption of this Ordinance by 43 the Cannon Council. 44 45 Mr. Cecere stated that on May 16, 1983 the Couulon Council had passed a Resol- 46 ution to include Claude Cason, Jr. and Claud Cason, Sr. to acquire an econom- 47 is development facility and to undertake to sell and deliver revenue bonds 48 to pay the costs thereof in the amount of 1,400,000.00. The Casons doing 49 business as Products Components,Inc. needed to expand their facility on 50 N. W. F Street and with the revenue bonds would purchase the Atlas Plastics 51 Company. Mr. Cecere stated that Products Components, Inc. have acquired the 52 plant, land and certain machinery and equipment from Atlas Plastics Company, 53 they have expanded and added additional payroll with 96 full time employees. 54 Mr. Cecere added that the decision of Atlas Plastics regarding their employees 55 was regretable, but that Products Components, Inc. had nothing to do with 56 that decision and that they have now been able to find a buyer for the revenue 57 bonds on the basis of their credit. 58 59 In response to a question from Councilperson Bodiker, Mr. Cecere stated that 60 Products Components, Inc. have acquired the building and equipment with 61 temporary financing and he has no figures on their profits, but the bank 62, is now willing to purchase the bonds on their credit. 63 64 Councilperson Bodiker stated he was questioning the idea of giving a corpor- 65 ation that was making a profit "corporate welfare" in the form of low interest. bonds. 43 Common Council Minutes Cont'd May 7, 1984 Page 6 III1 Mr. Cecere stated the whole idea of the inducement resolution is that if you 2 can get temporary financing and put your own name on the line for the financ- 3 ing then at the time of the bond sale you are able to recoop those funds. If 4 we are interested in following through with this committment and interested 5 in seeing this industry grow they will need the assist of the bond sale. 6 7 Councilperson Williams acked Mr. Cecere what assurances this community has 8 that if they approve the bonds this company will not treat their employees 9 like the Atlas Plastics Company did? Mr. Cecere stated Product Components, 10 Inc. is not Atlas Plastics and had nothing to do with the decision to close 11 the plant or the treatment the former Atlas employees received. 12 13 Speaking against Ordinance No. 55-1984 was Mr. James Wallace of 2470 Rich 14 Road. Mr. Wallace stated he feels the sale of the bonds has possibly been 15 handled illegally since Product Components, Inc. had already purchased the 16 Atlas Plastics Company and started production before the Council passed on 17 final Ordinance on the sale of the bonds. Mr. Wallace commented that Product 18 Components, Inc. already own the building and equipment and have hired all 19 the employees they are going to hire and he wants to know what they are going 20 to do with the funds from the bond sale? 21 22 Councilperson Bodiker asked Mr. Wallace if the union representing the former 23 Atlas employees have any charges in court or filed with the Labor Relations 24 Board relating to collucion between Product Components, Inc. and Atlas Plastics 25 Company. 26 27 Mr. Wallace stated they have filed with the National Labor Relations Board 28 against Atlas Plastics and are awaiting a decision. 29 30 Mr. Cecere stated there is nothing pending regards to collusion but rather 31 regarding a successor corporation. 32 33 With answer to questions form the Council Mr. Claude Casson Jr. of 3101 34 Woodgate Way stated they have borrowed on short term financing to purhcase 35 the Atlas Plastic's facility and now have to pay the financing back. This 36 short term financing was done based on the idea they could establish a good 37 enough performance record with the Richmond banking community to find perm- 38 anent financing with the sale of the bonds. 39 40 Mr. Casson said they have made 392,000.00 in improvements to the facility and 41 have doubled in size. 42 43 Councilperson Lemoine moved. for engrossment of Ordinance No. 55-1984, seconde• 44 by Councilperson Morris and on unanimous voice vote the motion was carried. 45 46 Councilperson Lemoine moved to move Ordinance No. 55-1984 to third and final 47 reading and to read by title only, seconded by Councilperson Hankinson and on 48 unanimous voice vote the motion was carried. 49 . 50 The Clerk read on third and final reading by title only Ordinance No. 55-198 III 51 - AN ORDINANCE AUTHORIZING THE CITY OF RICHMOND TO ISSUE IT'S ECONOMIC DEVEL- 52 OPMENT REVENUE BONDS (PRO/CAS PROJECT) AND APPROVING OTHER ACTIONS IN RESPECT 53 THERETO. 54 55 Councilperson Whitesell stated he will support this Ordinance, even though 56 the Council appreciated both sides of the argument and he feels that there 57 should not be circumstances in this Community where employers lack respect 58 for employees. Regarding Economic Development Bonds, Mr. Whitesell stated 59 that the Council has to decide if these bonds have been applied properly. 60 61 Councilperson Williams stated he cannot in good conscience support this 62 Ordinance. 63 64 Councilperson Morris commented that the Council is not making a moral judge- 65 ment, but one regarding the economic development of the Community and she cannot turn out business and industry trying to do their best for this Comm- unity. Common Council Minutes Cont'd May 7, 1984 Page 7 1 Councilperson Bodiker stated that he finds nothing illegal with this request, 2 but he cannot support this Ordinance since he feels it is corporate welfare 3 and will not be used to create more jobs for this couuuunity. 4 5 Ordinance No. 55-1984 was adopted with the following vote: 6 7 Ayes: Brookbank, Hankinson, Whitesell, Parker, Lemoine, Morris and Elstro. (7) 8 Nays: Williams and Bodiker (2) 9 10 ORDINANCE NO. 56-1984 11. 12 The Clerk read on first reading by title only Ordinance No. 56-1984 - AN 13 ORDINANCE AMENDING ORDINANCE NO. 9-1984 TO REFLECT NECESSARY CHANGES IN THE 14 SEWER USE RATES FOR UNMETERED WATER USERS. ' 15 16 Mr. Barden responded to Council questions regarding unmetered rates and ex- 17 plained to the Council that Ordinance No. 9-1984 inadvertently did not re- 18 dcue unmetered rates when that ordinance reduced the rate for metered water 19 users. 20 21 Mr. Willes stated that the unmetered rates were based on statistics and aver- 22 ages. 23 24 Councilperson Morris moved to suspend the rules and move Ordinance No. 56-198 25 to second reading and read by title only, seconded by Councilperson Hankinson 26 and on unanimous voice vote the motion was carried. 27 28 The Clerk read on second reading by title only Ordinance No. 56-1984 - AN 29 ORDINANCE AMENDING ORDINANCE NO. 9-1984 TO REFLECT NECESSARY CHANGES IN THE 30 SEWER USE RATES FOR UNMETERED WATER USERS. 31 32 President Elstro announced Ordinance No. 56-1984 was on public hearing. 33 34 No public comment was heard for or against Ordinance No. 56-1984. 35 36 Councilperson Hankinson moved for engrossment of Ordinance No. 56-1984, 37 seconded by Councilperson Parker and on unanimous voice vote the motion was 38 carried. 39 40 Councilperson Lemoine moved to suspend the rules and to move Ordinance No. 41 56-1984 to third and final reading and to read by title only, seconded by 42 Councilperson Hankinson and on unanimous voice vote the motion was carried. 43 44 The Clerk read on third and final reading by title only Ordinance No. 56-1984 - 45 AN ORDINANCE AMENDING ORDINANCE NO. 9-1984 TO REFLECT NECESSARY CHANGES IN 46 THE SEWER USE RAMS FOR UNMETERED WATER USERS: 47 48 Ordinance No. 56-1984 was adopted with the following vote: 49 50 Ayes: Williams, Brookbank, Hankinson, Whitesell, Parker, Bodiker, Lemoine, 51 ' Morris and Elstro (9) 52 Nays: None 53 54 ORDINANCE NO. 57-1984 55 56 The Clerk read on first reading by title only Ordinance No. 57-1984 - AN 57 ORDINANCE ESTABLISHING A DEPARTMENT OF ECONOMIC GROWTH AND DEVELOPMENT AND 58 AN ECONOMIC GROWTH AND DEVELOPMENT BOARD, PROVIDING FOR THE COMPOSITION OF 59 SUCH ENTITIES AND SETTING FORTH THE POWERS AND DUTIES OF EACH. 60 61 Councilperson Bodiker moved to suspend the rules and to move Ordinacne No. 62 57-1984 to second reading and to read by title only, seconded by Councilperso 63 Morris and on unanimous voice vote the motion was carried. 64 65 The Clerk read on second reading by title only Ordinance No. 57-1984 - AN 4iF3T Common Council Minutes Cont'd May 7, 1984 Page 8 1 ORDINANCE ESTABLISHING A DEPARTMENT OF ECONOMIC GROWTH AND DEVELOPMENT AND 2 AN ECONOMIC GROWTH AND DEVELOPMENT BOARD, PROVIDING FOR THE COMPOSITION OF 3 SUCH ENTITIES AND SETTING FORTH THE POWERS AND DUTIES OF EACH. 4 5 President Elstro announced that Ordinance No. 57-1984 was on public hearing. 6 7 Speaking for Ordinance No. 57-1984 was Victor Conti, 125 N.W. E Street. Mr. 8 Conti commented he supports this ordinance since the City fo Richmond must 9 actively solicit business and industry and prevent Richmond businesses and 10 industries form being solicited by other coul:unities. This community needs 11 jobs and the City must put forth an aggressive effort to sell itself and search 12 for business and industry to locate within the community. 13 14 Also speaking for Ordinance No. 57-1984 was Stanley Vigran of 227 South 17th 15 Street. Mr.. Vigran commented this community was presently using a 1960's 16 method of finding new jobs and maintaining old jobs and needs to update their 17 methods to a 1980's approach. The City must sell Richmond, be organized and 18 have the tools to sell the City. 19 20 There was no one speaking against Ordinance No. 57-1984. 21 22 Councilperson Bodiker moved to amend Section 4, paragraph c, subsection 1 of 23 Ordinance No. 57-1984 by substituting the word industrial for industry, sec- 24 onded by Councilperson Hankinson and on unanimous voice vote the motion was 25 carried. 11/ 26 27 Councilperson Morris noted there was a typographical error in section 8, 28 paragraph b and the word should be deliberative not deliverative. - 29 30 Councilperson Whitesell moved for engrossment of Ordinance No. 57-1984, 31 seconded by Councilperson Parker and on unanimous voice vote the motion was 32 carried. 33 34 Councilperson Lemoine moved to suspend the rules and to move Ordinance No. 35 57-1984 to third and final reading and to read by title only, seconded by 36 Councilperson Willaims and on unanimous voice vote the motion was carried. 37 38 The Clerk read on third and final reading by title only Ordinance No. 57-1984-- 39 AN ORDINANCE ESTABLISHING A DEPARTMENT OF ECONOMIC GROWTH AND DEVELOPMENT AND 40 AN ECONOMIC GROWTH AND DEVELOPMENT BOARD, PROVIDING FOR THE COMPOSITION OF 41 SUCH ENTITIES AND SETTING FORTH THE POWERS AND DUTIES OF EACH_ 42 43 Ordinance No. 57-1984 was adopted with the following vote: /1/1 45 Ayes: Williams, Brookbank, Hankinson, Whitesell, Parker, Bodiker, Lemoine, 46 Morris and Elstro (9) 47 48 Nays; None 49 50 Councilperson Morris suggested that the Council decide how they will select 51 their appointments to the Board inorder not to cause delays. Councilperson 52 Whitesell suggested that each member of the Council to look at the areas they 53 are responsbile for making appointments and to provide a list of suggested 54 persons tor:the President prior to the noxt Council meeting for his review and 55 action. 56 57 ORDINANCE NO. 58-1984 58 59 The Clerk read on first reading by title only Ordinance No. 58-1984 - AN 60 ORDINANCE ESTABLISHING A COMMUNITY AND ECONOMIC DEVELOPMENT FUND FOR THE 61 CITY OF RICHMOND, IDNIANA 62 63 President Elstro announced that he would like to have a meeting of the Council 64 as a Counmittee of the Whole for study on this Ordinance on May 15, 1984 at 65 6:00 p.m. in the Board of Works Room. `i.G. Couuuon Council Minutes Cont'd May 7, 1984 Page 9 1 Ms. Maness stated she, Mr. Dan Dooley and other involved in Ordinance 2 No. 58-1984 will be in attendance to help the Council understand the Ordinance 3 better. 4 5 ORDINANCES ON SECOND READING 6 7 The Clerk read on second reading Ordinance In. 18-1984 - AN ORDINANCE AMEND- ING THE PROCEEDURE FOR ABANDONING OR VACATING PUBLIC WAYS OR PLATTED LOTS. 9 10 President Elstro announced Ordinance No. 18-1984 was on public hearing. 11 12 There was on public speaking for or against this ordinance. 13 14 Councilperson Hankinson moved for engrossment of Ordinance No. 18-1984, sec- 15 onded by Councilperson Williams and on unanimous voice vote the motion was 16 carried. 17 18 Councilperson Whitesell moved to suspend the rules and to move Ordinance 19 No. 18-1984 to third and final reading and to read by titleonly, seconded 20 by Councilperson Parker and on unanimous voice vote the motion was carried. 21 22 The Clerk read on third and final reading by title=only, Ordinance No.18-1984 - 23 AN ORDINANCE AMENDING THE PROCEEDURE FOR ABANDONING OR VACATING PUBLIC WAYS 24 OR PLATTED LOTS. 25 26 Ordinance No. 18-1984 was adopted with the following vote: 27 28 Ayes: Williams, Brookbank, Hankinson, Whitesell, Parker, Bodiker, Lemoine, 29 Morris and Elstro (9) 30 31 Nays: None 32 33 ORDINANCE NO. 19-1984 34 35 The Clerk read on second reading Ordinance No. 19-1984 - AN ORDINANCE REQUIR- 36 ING THE LICENSING OF KENNELS AND PET SHOPS REQUIRING SUCH KENNESL AND PET 37 SHOPS TO BE KEPT IN A CLEAN AND SANITARY CONDITION, PROVIDING FOR THE INSPEC- 38 TION OF SAME AND PENALTIES FOR VIOLATION THEREOF. 39 40 Mr. Barden examined the Proof of Publication and found it to be in proper 41 order. 42 43 Councilperson Parker moved to accept and file the Proof of Publication, 44 seconded by Councilperson Whitesell and on unanimous voice vote the motion 45 was carried. 46 47 Mr. Barden coiiuuented that he would briefly summarize all proposed amendments 48 to this ordinance and if the Council will continue the ordinance on second 49 reading he will have all amendmants made to the ordinance for considerstion 50 at the next meeting. 51 52 The proposed amendments include changes in Section 3, paragraph F regarding 53 the age of animals for required vacinations, Section 3, paragraph G adding 54 the statement "which is safe for the animals housed in and near the cage", 55 Section 3, paragraph H add the language "as authorized by a veterinarian", 56 Section 3, paragraph K strike the first two sentences regarding showing a 57 bill of sale to the customer and adding a new paragraph to Section 2 reading S8 "A license shall be issued on an annual basis the fees for such license 59 shall be $10.00 per year." In Section 6 the word "licensing" shall be added 60 before the word provisions. A new Section 8 shall be added stating "This 61 Ordinance shall become effective July 1, 1984." 62 63 Mr. Barden also stated that a section has been proposed regarding permits foil 64 wildlife and annual permits being issued for such by the Health Officer. This 65 section would cover such animals as venimous snakes, carnivorous cats, bears, etc. 7 Common Council Minutes Cont'd May 7, 1984 Page 10 1 President Elstro announced that Ordinance No. 19-1984 was on public hearing. 2 3 Speaking for Ordinance No. 19-1984 was Dorothy Smith owner of Richmond Acqua- 4 rium. Ms. Smith asked regarding persons selling animals from their homes and 5 Mr. Bardin stated the zoning ordinance would cover this. 6 7 Also speaking for Ordinance No. 19-1984 was Mr. James Shearer of 567 Earlham 8 Drive. Mr. Shearer commented the Ordinance with the proposed amendments was 9 well written and he supports the ordinance. 10 11 Also speaking for Ordinance No. 19-1984 was Dr. Carolyn Blakey of 2055 12 Farlow Road. Dr. Blakey commented that the Ordinance with the proposed amend- 13 ments was fine and she supports the ordinance. She also warned the Council 14 regarding the Section on permits for exotic animals. 15 16 There was no one speaking against Ordinance No. 19-1984. This Ordinance will 17 be held on public hearing for amendments. 18 19 ORDINANCE NO. 24-1984 20 --- 21 The Clerk read on second reading Ordinance No. 24-1984 - AN ORDINANCE VACAT- 22 ING CERTAIN PUBLIC ALLEYS LYING DN THE TERRITORY GENERALLY BOUNDED-BY EAST 23 MAIN STREET, SOUTH 3RD STREET, SOUTH A STREET AND SOUTH 2ND STREET. 24 25 Mr. Barden examined the Proof of Publication and found it to be in order. III 26 27 Councilperson Morris moved to accept and file the proof of publication, sec- 28 onded by Councilperson Parker and on unanimous voice vote the motion was 29 carried. 30 31 President Elstro announced that Ordinance No. 24-1984 was on public hearing. 32 33 Speaking for Ordinance No. 24-1984 was Gregg O'Maley, 101 South A Street also 34 serving as the Count? Attorney. Mr. O'Maley explained this Ordinance is for 35 the vacation of alleys between the Wayne County Jail and the Bowen Building 36 and they are presently used as parking lots. The vacation of these alleys 37 will bring them under the control of the County and eliminate City maintenance• . 38 He also stated all easements for utilities have been preserved. 39 40 Councilperson Hankinson moved for engrossment of Ordinance No. 24-1984, 41 seconded by Councilperson Morris and on unanimous voice vote the motion was 42 carried. 43 44 Councilperson Williams moved to suspend the rules and to move Ordinance No. 45 24-1984 to third and final reading and to read by title only, seconded by 46 Councilperson Whitesell and on unanimous voice vote the motion was carried. L7 48 The Clerk read on third and final reading by title only Ordinance No. 24-1984- 49 AN ORDINANCE VACATING CERTAIN PUBLIC ALLEYS LYING IN THE TERRITORY GENERALLY 50 BOUNDED BY EAST MAIN STREET, SOUTH 3RD STREET, SOUTH A STREET AND SOUTH 2ND III 51 STREET. 52 53 Ordinance No. 24-'1984 was adopted with the following vote: 54 55 Ayes: Williams, Brookbank, Hankinson, Whitesell, Parker, Bodiker, Lemoine, 56 Morris and Elstro (9) 57 58 Nays: None 59 60 ORDINANCE NO. 32-1984 61 62 The Clerk read on second reading Ordinance No. 32-1984 - AN ORDINANCE AMENDING 63 CHAPTER 154 OF THE MUNICIPAL CODE, BEING ORDINANCE NO. 2325-1968, COMMONLY 64 KNOWN AS THE ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA, PROVIDING FOR 65 THE REZONING OF PROPERTY LOCATED AT 1817 CHESTER BOULEVARD FROM R-3 ONE-TO- EIGHT FAMILY RESIDENCE DISTRICT TO C-1 LIMITED COMMERCIAL DISTRICT. 4 6W Common Council Minutes Cont'd May 7 , 1984 Page 11 1 President Elstro announced that Ordinance No. 32-1984 was on public hearing. 2 3 There was no one speaking for Ordinance No. 32-1984. 4 5 Speaking against Ordinance No. 32-1984 was Mr. Dan Dooley. Mr. Dooley stated 6 the Plan Coiiunission had voted 9 to 0 that this rezoning be denied since 7 the rezoning of one small lot undermines the comprehensive zoning plan and 8 causes strip zoning requests. 9 10 Councilperson Hankinson moved to engross Ordinance No. 32-1984, seconded by - . 11 Councilperson Morris and on unanimous voice vote the motion was carried. 12 13 Councilperson Hankinson moved to suspend the rules and to move Ordinance No. 14 32-1984 to third and fianl reading and to read by title only, sdconded by 15 Counoilperson Williams and on unanimous voice vote the motion was carried. 16 • 17 The Clerk read on third and final reading by title only, Ordinance No. 32-198 - 18 AN ORDINANCE AMENDING CHAPTER 154 OF THE MUNICIPAL CODE, BEING ORDINANCE No. 19 2325-1968,COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF RICHMOND, 20 INDIANA, PROVIDING FOR THE REZONING OF PROPERTY LOCATED AT 1817 CHESTER 21 BOULEVARD FROM R-3 ONE-TO-EIGHT FAMILY RESIDENCE DISTRICT TO C-1 LIMITED 22 COMMERCIAL DISTRICT. 23 24 Ordinance No. 32-1984 was defeated with the following vote: 25 26 Ayes: Williams (1) 27 Nays: Brookbank, Hankinson, Whitesell, Parker, Bodiker, Lemoine, Morris and 28 Elstro (8) 29 30 ORDINANCE NO. 33-1984 31 32 The Clerk read on second reading Ordinance No 33-1984 - AN ORDINANCE AUTHOR- 33 IZING THE BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF RICHMOND TO ISSUE 34 RESIDENTIAL PARKING PERMITS TO EXEMPT RESIDENTIAL VEHICLES FROM THE TIME 35 CONSTRAINTS OF LIMITED PARKING AREAS. 36 37 Councilperson Parker moved to strike Ordinance No. 33-1984 from the Agenda, 38 seconded by Councilperson Morris and on unanimous voice vote the motion was 39 carried. 40 41 Ordinance No. 33-1984 is striken from=the Agenda. 42 43 ORDINANCE NO. 36-1984 44 45 The Clerk read on second reading by title only Ordinance No. 36-1984 - AN 46 ORDINANCE REQUIRING PERSONS ENGAGED IN THE BUSINESS OF CLAIRVOYANT, PALMISTRY, 47 FORTUNE 'U LLING OR BUSINESS OF LIKE NATURE, TO PROCURE A LICENSE THEREFOR, 48 PROVIDING A PENALTY FOR THE VIOLATION THEREOF, AND REPEALING ALL ORDINANCES 49 AND PART OF ORDINANCES IN CONFLICT THEREWITH. 50 51 Mr. Barden examined the Proof of Publication on Ordinance No. 36-1984 and 52 found it to be in order. 53 54 Councilperson Parker moved to accept and file the Proof of Publication, 55 seconded by Councilperson Morris and on unanimous boice vote the motion was 56 carried. 57 58 President Elstro announced that Ordinance No. 36-1984 was on public hearing: 59 60 There was no one speaking for Ordinance No. 36-1984. 61 62 Speaking against Ordinance No. 36-1984 was Esther Kellner, 2245 South B Stree . 63 Ms. Kellner questioned the Council regarding the determination between person; 64 that are fakd and persons that are actually gifted in prophecy. Ms. Kellner • 65 also stated there is a State Law regarding foretelling and charges made for such. ? Common Council Minutes Cont'd May 7, 1984 Page 12 1 Councilperson Bodiker asked Mr. Barden if we were violating the State Law 2 with this Ordinance and if this Ordinance is legal who will set the rules and 3 regulations for licensing. 4 5 Mr. Barden stated he will investigate the State Law. 6 7 Councilperson Hankinson stated he would like to strike this Ordinance and 8 start over and so moved, seconded by Councilperson Williams and on the follow- 9 ing vote the motion was defeated. 10 11 Ayes: Williams, Hankinson and Whitesell (3) 12 Nays: Brookbank, Parker, Bodiker, Lemoine, Morris and Elstro (6) 13 14 Mr. Barden stated he had several telephone calls on this subject and when he 15 investigated the City laws regarding such he found that the Ordinance control:- 16 ing this matter had been repealed from the Code when the recodification had 17 been completed. 18 19 Councilperson Lemoine moved to table Ordinance No. 36-1984, seconded by 20 Councilperson Bodiker and on a unanimous voice vote the motion was carried. 21 22 ORDINANCE NO. 38-1984 23 24 The Clerk read on second reading by title only Ordinance No. 38-1984 - AN 25 ORDINANCE AMENDING SECTION 33.05 OF THE MUNICIPAL CODE FOR THE CITY OF RICH- 26 MOND REQUIRING THAT ANY HEARING HELD BY A FACT FINDING PANEL IN CITY EMPLOYEE 27 NEGOTAITIONS MUST COMPLY WITH THE PUBLIC HEARING REQUIREMENTS OF INDIANA CODE 28 I.C. 5-14-.15-6.5. 29 30 Councilperson Bodiker moved to amend a new H to the Ordinance replacing Sect- 31 ion 33.05 (H) of the Richmond City Code to read as follows: 32 33 (H) The Corporate authorities shall within five days after the receipt of 34 the formal report of the Fact-Finding Panel, establish final negotiat- 35 ion meetings with the bargaining agent for a final effort to resolve 36 the issues. Facts, evidence, and recommendations of the Fact- Finding 37 Panel shall then be binding upon the parties in dispute and shall fo 38 a part of the ordinance passed by Common Council, unless so modified 39 or rejected by at least 2/3 vote of the entire membership of the Common 40 Council. 41 42 Councilperson Whitesell seconded the motion to amend Ordinance No. 38-1984. 43 44 Councilperson Bodiker stated this amendment changes the fact-finding panel 45 from an advisory only capacity to a binding situation, but leaves the Common 46 Council a way to over-rule the findings of the panel by a 2/3 vote. Council- 47 person Bodiker stated he finds this a much better situation than having City 48 employees on strike. 49 50 Ralph Willis questioned if this amendment would be taking away prerogatives 51 of management for problem solving and coiuunitting management to more than they 52 are able to commit. 53 54 Councilperson Bodiker stated that was correct unless the Council decides it 55 would be impossible and over-rules the findings by the 2/3 vote. 56 57 Councilperson Whitesell asked if this placed on Council the ultimate respon- 58 sibility for negotiations. 59 60 Ms. Maness asked if this was fair to the Civil City Employees not represented 61 by a bargaining unit, since it could be possible that they would suffer in 62 order to fund the findings of the fact-finding panel and keep a balanced 63 budget. 64 65 Mr. Barden commented that prior all fact-finding hearings were held in private 490 Common Council Minutes Cont'd May 7, 1984 Page 13 1 and were not binding, but changes in a state law made all hearings of a fact- 2 finding panel open to the public and allows public input. 3 4 Speaking for the amendmant was Mark Smith of .225 Crestwood Lane. Mr. Smith 5 stated that he questions the idea that the public would be allowed to make 6 comment or participate in the fact-finding hearings other than observation. 7 He feels it is fair for the findings of the panel to be binding if these 8 hearings are open to the public and the City is using citizens and their 9 input on the fact-finding panel. 10 11 Councilperson Whitesell asked that the Council hold the amendment for more 12 consideration of the Councilpersons and bring the amendment back to the 13 next Council meeting for action. 14 15 ORDINANCES ON THIRD READING 16 17 ORIDNANCE NO. 39-1984 18 19 Councilperson Morris moved to suspend the rules on Ordinance No. 39-1984 and 20 to read on third reading by title only, seconded by Councilperson Parker and 21 on unanimous voice vote the motion was carried. 22 23 The Clerk read on third and final reading by title only Ordinance No.39-1984- 24 AN ORDINANCE AMENDING THE RULES AND REGULATIONS WITH REGARD TO SERVICE FOR 25 THE RICHMOND POWER & LIGHT AND MATTERS RELATED THERETO. 26 27 Councilperson Williams stated he will not support this Ordiannce since he 28 feels persons other than those qualifying for assistance need help with 29 keeping their utilities in tact. 30 31 Ordinance No. 39-1984 was adopted with the following vote: 32 33 Ayes: Brookbank, Hankinson, Whitesell, Parker, Bodiker, Lemoine, Morris and 34 Elstro (8) 35 36 Nays: Williams (1) 37 38 EXECUTIVE SESSION 39 40 Mr. Barden requested that the Council set an Executive Session for the 41 purpose of discussing pending litigation against the City at 6:30 P.M. on 42 May 29, 1984 at the Richmond Power & Light Service Building. President 43 Elstro confirmed this request and set May 29, 1984 at 6:30 p.m. for an 44 Executive Session of the Common Council. 45 46 ADJOURNMENT 47 48 There being no further business on a motion duly made, seconded and passed 49 the meeting was adjourned. 50 51 52 Howard J. Elstro 53 President 54 55 ATTEST: Mary Merchanthouse 56 City Clerk 57 58 59 60 61 62 63 64 65