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HomeMy Public PortalAbout04-16-1984 4 64' PROCEEDINGS OF THE COMMON COUNCIL OF THE. CITY OF RICHMOND, INDIANA, APRIL 16, 1984 1 The Comaton Council of the City of Richmond, Indiana, met in regular session April 16, 1984 at the hour of 7:30 P.M. in the Council Chambers in the Muni- cipal Building in said City. Presidnet Elstro presided with the following 4 members present: Councilpersons: Williams, Brookbank, Hankinson, Parker, 5 Bodiker, Lemoine and Morris. Absent: Councilperson Whitesell. The following business was had to-wit: PLEDGE OF ALLEGIANCE 1; SILENT DEVOTIONS ii 1i. APPROVAL OF MINUTES OF APRIL 2, 1984 11 14 Councilperson Hankinson moved to approve the minutes of the previous meeting 15 al received, seconded by Councilperson Parker and on unanimous voice vote th- 1 i motion was carried. 1, 18 COMMUNICATIONS FROM THE MAYOR 1 . 2 Mayor_ Frank H. Waltermann told the Council that his office had entertained 2T French students here on an exchange program. Mayor Waltermann said on April 22 10, 1984, he attended a siminar by the Department of Commerce and requested 21 personnel from the Department of Commerce to come to Richmond. These persons 24 were in Richmond and toured the City. The representatives from the Depart- 25 ment of Commerce were in favor of such projects in the City as the Manville 2§ expansion, some street and droinage projects and" location of new business in 2 the City. Mayor Waltermann' stated their approval could assist the City in 28 grants through the State of Indiana. 111- 2' 3+ REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY 3, 32 Ms. Maness told the Council the Board of Works has established guidelines 3',3 for residential handicapped parking requests. The persons requesting handi- 3 capped parking in, 'front of their residents must have a plate or placard 3 issued by the Bureau of Motor Behicles before the Board will condider their 3 requests. These guidlines will be forwarded to the Councilpersons. 3 3 Ma. Maness stated that she delayed a decision regarding the 911 Concept for 3 the City of Richmond until the Council can give this some consideration in 4 a Committee of the Whole meeting. 41 • 4 DISCLOSURE STATEMENTS J4 o City Clerk Mary Merchanthouse presented the Disclosure Statements of Jane 45 Brookbank, Terry Whitesell and Joanne Tiano (member of the Park Board) re- 4 garding small repetitive purchases by City Departments and possible conflict 4' of interest. The. possible conflicts concern Tom Brookbank Chevrolet - Jane 4 Brookbank, Wayne Division - Terry Whitesell and Hamilton Harris - Joanne 4 Tiano. These statements have been recorded with the State Board of Accounts 5i and the County Clerk as prescribed by State Law and are being noted in the 51 proceedings of the Council meeting. 5 . 51 REPORTS FROM STANDING COMMITTEESIII 54 5p None 5 57 REPORTS FROM SPECIAL COMMITTEES 58 5§ Civic Hall Renovation Committee 60 6T Councilperson Lemoine stated that the Committee to consider the renovation 62 of Civic Hall will be meeting Thursday, April 19, 1984. 6. 64- Airport Board 6b 69 Common Council Minutes Cont'd April 16, 1984 Page 2 1 Councilperson Lemoine reported that the audit for the Airport from 1978 to 11/ 2 1982 had been released and there were no problems. She also stated that the 3 Airport had received $75,000.00 from the ADACT Grant and the Money was depos- 4 ited to re-establish a negative cash balance in the Airport Adapt Fund. Coun- 5 cilperson Lemoine noted the state change in forms for out of state bidders to 6 reflect that they are able to use certified checks with bids. She also noted 7 that the fuel sales at the Airport are down this year and that the Airport is 8 ' discussing the posibilities of an avionics shop with Gary Hardwick. 9 10 Ms. Maness told the Council that an Ordinance will be prapared to be brought 11 to Council regarding the 75,000.00 appropriation toward purchase of an Ins- 12 turment Landing System. 13 14 Enterprise Zone 15 16 Councilperson Brookbank reported on the April 3rd meeting of the Enterprise 17 Zone. She stated that they have formed two (2) committees to talk with busi- 18 nesses and residents in the Zone to better inform them about the Enterprise 19 Zone. 20 21 INTRODUCTION OF MISCELLANEOUS BUSINESS 22 23 President Elstro announced the appointment of Councilperson Morris to the 24 negotiation couauittee for the City. 25 26 RESOLUTIONS 27 28 Councilperson Morris moved to suspend the rules on Resolutions No. 10 and 11- 29 1984 and read by title only, seconded by Councilperson Williams and on unani- 30 mous voice vote the motion was carried. 31 32 RESOLUTION NO. 10-1984 33 34 The Clerk read by title only Resolution No. 10-1984 - A RESOLUTION DESIGNATING 35 CERTAIN AREAS AS ECONOMIC REVITALIZATION AREAS. 36 37 Mr. Dan Dooley, Supervisor of the Economic and Community Development Depart- 38 ment, explained that Resolution No. 10-1984 established six (6) areas of the 39 City as economic revitalization areas. Be stated these areas were identified 40 as the areas offering the greatest job possibilities for the City. The Resol- 41 ution outlines the procedures for making application for tax abatement. This 42 Resolution will be advertised for public hearing if adopted and a confirming 43 resolution will then be passed to finalize this portion of the total tax abat- /i/1 ement process. 45 46 Councilperson Morris asked how these areas were drawn. Mr. Dooley stated the 47 areas were areas designated as industrial or downtown business and were areas 48 that offer the greatest possibility for job opportunities. In response to a 49 question by Councilperson Morris, Mr. Dooley stated that there will still hay: 50 to be individual applications made. 51 52 Councilperson Bodiker asked Mr. Dooley if a map could be furnished to the 53 Council of the areas designated. 54 55 Councilperson Hankinson moved to adopt Resolution No. 10-1984, seconded by 56 Councilperson Brookbank and on unanimous voice vote the motion was carried. 57 58 RESOLUTION NO. 11-1984 . 59 60, The Clerk read by title only Resolution No. 11-1984 - A RESOLUTION ASSIGNING 61 THE STATUTORY DUTIES OF CITY ENGINEER TO THE PUBLIC WORKS DIRECTOR FOR THE 62 CITY OF RICHMOND, Indiana. 63 64 Mr. Barden: stated that Title 36 of the Indiana Code requires that a City 65 Engineer be appointed by the Mayor. This Resolution assigns the statutory 470 Common Council Minutes Cont'd April 16, 1984 Page 3 1 rights of the City Engineerrto the Director of Public Works and will carry 2 with it the statutory chairs belonging the the City Engineer. 3 4 Councilperson Brookbank asked Mr. Barden regarding compensation paid to 5 Sanitary Commissioners since the City Engineer serves on that Commission. Mr. 6 Barden explained the City Engineer received no compensation as a member of 7 that Conmuission. 8 9 Councilperson Bodiker moved that Resolution No:. 11-1984 be adopted, seconded 10 by Councilperson Morris and on a voice vote with Councilperson Hankinson 11 voting no the motion was carried. 12 13 ORDINANCES 14 15 ORDINANCES ON FIRST READING 16 17 Councilperson Morris moved to suspend the rules on Ordinances 31,32,33,35,36, 18 37,38 and 39-1984 and read on first beading by ttile only, seconded by Coun- 19 cilperson Williams and on unanimous voice vote the motion was carried. 20 21 ORDINANCE NO. 31-1984 22 23 The Clerk read on first reading by title only, Ordinance No. 31-1984 - AN 24 ORDINANCE TO TRANSFER WITHIN THE GENERAL FUND - MAYOR'S OFFICE. 25 26 Councilperson Hankinson moved to suspend the rules on Ordinance No. 31-1984 27 and to move it to second reading, seconded by Councilperson Bodiker and on 28 unanimous voice vote the motion was carried. 29 30 The Clerk read on second reading Ordinance No. 31-1984 - AN ORDINANCE TO 31 TRANSFER WITHIN THE GENERAL FUND - MAYOR'S OFFICE. 32 33 President Elstro announced Ordinance No. 31-1984 was on public hearing. 34 35 There was no public coirnuent on Ordinance No. 31-1984. 36 37 Councilperson Williams moved for the engrossment of Ordinance No. 31-1984, 38 seconded by Councilperson Bodiker and on unanimous voice vote the motion was 39 carried. 40 41 .Councilperson Williams moved to suspend the rules and to move Ordinance No. 42 31-1984 to third and finalreading and to read by title only, seconded by 43 Councilperson Hankinson and on unanimous voice vote the motion was carried. 44 45 Ordinance No. 31-1984 was adopted with the following vote: 46 47 Ayes: Williams, Brookbank., Hankinson, Parker, Bodiker, Lemoine, Morris and 48 Elstro ( 8 49 50 Nays: None 51 52 Absent: Whitesell 53 54 ORDINANCE NO. 32-1984 55 56 The Clerk read on first reading by title only Ordinance No. 32-1984 - AN 57 ORDINANCE AMENDING CHAPTER 154 OF THE MUNICIPAL CODE, BEING ORDINANCE NO. 58 2325-1968, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF RICHMOND, 59 INDIANA, PROVIDING FOR THE REZONING OF PROPERTY LOCATED AT 1817 CHESTER 60 BOULEVARD FROM R-3 ONE-TO EIGHT FAMILY RESIDENCE DISTRICT TO C-1 LIMITED 61 COMMERCIAL DISTRICT. 62 63 President Elstro assigned Ordinance No. 32-1984 to the Plan Commission for 64 public hearing. 65 47 Common Council Minutes Cont'd April 16, 1984 Page 4 1 ORDINANCE NO. 33-1984 2 3 The Clerk read on first reading by title only Ordinance No. 33-1984 - AN 4 ORDINANCE AUTHORIZING THE BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF 5 RICHMOND TO ISSUE RESIDENTIAL PARKING PERMITS TO 1IMI'T RESIDENTIAL VEHICLES 6 FROM THE TIME CONSTRAINTS OF LIMITED PARKING AREAS. 7 8 Councilperson Hankinson moved to suspend the rules and move Ordinance No. 33- 9 1984 to second reading, seconded by Councilperson Parker and on unanimous voice 10 vote the motion was carried. 11 12 The Clerk read on second reading Ordinance No. 33-1984 - AN ORDINANCE AUTHOR- 13 IZING THE BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF RICHMOND TO ISSUE ' 14 RESIDENTIAL PARKING PERMITS TO EXEMPT RESIDENTIAL VEHICLES FROMITHE TIME 15 CONSTRAINTS OF LIMITED PARKING AREAS. 16 17 President Elstro announced that he was going to hold this Ordinance on second 18 reading, but that he was placing it on public hearing to heariurom any inter- 19 esteci parties. 20 21 Mr. Barden stated he has requested a copy of some model ordinances regarding 22 the language of the permit, but he did not want to delay placing the ordinance 23 on the Council agenda any longer. 24 25 Speaking for Ordinance No. 33-1984 was Mr. Keith Tye of S.W. 1st Street. Mr. 11/ 26 Tye stated the residents in his immediate area were 100% in favor of this 27 Ordinance and the area needs enforcement of the limited time parking due to 28 students at the High School parking in the residential areas and not in the 29 school parking lots. 30 31 There was no one speaking against this ordinance. 32 33 Councilperson Lemoine asked regarding proof of residency and what areas will 34 be designated for residential parking permits. 35 36 Mr. Barden stated the residents of the areas must petition the Board of Works 37 and set forth the dimensions of the street they would like designated as an 38 area for residential permits. 39 40 This Ordinance does not cover any areas except limited parking areas, areas 41 that are no parking zones will not be affected by this Ordinance, Mr. Barden 42 explained. 43 44 ORDINANCE NO. 35-1984 45 46 The Clerk read on first reading by title only Ordinance No. 35-1984 - AN 47 ORDINANCE AUTHORIZING THE PURCHASE BY THE CITY OF RICHMOND PUBLIC OFFICIALS 48 (OFFICERS AND DIRECTORS LIABILITY INSURANCE FOR MEMBERS OF THE COMMON COUNCIL 49 ELECTED CITY OFFICIALS, APPOINTED CITY OFFICIALS, EMPLOYEES AND MEMBERS OF 50 BOARDS AND COMMISSIONS. 51 52 Councilperson Bodiker asked Mr. Barden what type of acts can endanger public 53 officials to suit eliminating the corporation. Mr. Barden stated that members 54 of Common Council under Home Rule are not privy to immunity granted to State 55 Legislature. Mr. Barden stated there is a growing type of action against 56 governmental officials for such acts as pinitive damages that cannot be asses- 57 ed against municipalities but can be passed on to public officials. Personal 58 liability against public officials is particularly risky in the planning and 59 zoning areas. 60 61 President Elstro announced that Ordinance No. 35-1984 will be held on first 62 reading for further input by the Council. 63 64 65 ` 7 Common Council Minutes Cont'd - April 16, 1984 Page 5 1 ORDINANCE NO. 36-1984 2 3 The Clerk read on first reading by title only Ordinance No. 36-1984 - AN 4 ORDINANCE REQUIRING PERSONS ENGAGED IN THE BUSINESS OF CLAIRVOYANT, PALMISTRY, 5 FORTUNE ThLLING OR BUSINESS OF LIKE NATURE, TO PROCURE A LICENSE THEREFOR, 6 PROVIDING A PENALTY FOR THE VIOLATION THEREOF. AND REPEALING ALL ORDINANCES 7 AND PART OF ORDINANCES IN CONFLICT THEREWITH. 8 9 President Elstro announced Ordinance No. 36-1984 has to be advertised for 10 public hearing. 11 12 ORDINANCE NO. 37-1984 13 14 The Clerk read on first reading by title only Ordinance No. 37-1984 - AN 15 ORDINANCE ADOPTING THE STATE CURFEW TIME AS THE ESTABLISHED CURFEW TIME FOR 16 THE CITY OF RICHMOND, INDIANA AND TO PROVIDE MEANS FOR ALTERING THE CURFEW 17 TIME. 18 19 Councilperson, Morris asked Mr. Barden if he had discussed this Ordinance with 20 the Richmond Counuunity Schools. Mr. Barden commented that he had not and 21 that the language in this ordinance was taken directly from the State Statute. 22 Mr. Barden told the Council that when the City recodified the last time all 23 ordinances prior to that were repealed and the City's Curfew Ordinance was 24 one of the repealed ordinances. 25 26 Councilperson Hankinson moved to suspend the rules and move Ordinance No.37- 27 1984 to second reading, seconded by Councilperson Brookbank and on unanimous 28 voice vote the motion was carried. 29 30 The Clerk read on second reading Ordinance No. 37-1984 - AN ORDINANCE ADOPT- 31 ING THE STATE CURFEW TIME AS THE ESTABLISHED CURFEW TIME FOR THE CITY OF 32 RICHMOND, INDIANA AND TO PROVIDE MEANS FOR ALTERING THE CURFEW TIME. 33 34 President Elstro announced Ordinance No. 37-1984 was on public hearing. 35 36 There was no public comment on Ordinance No. 37-1984. 37 38 Councilperson Hankinson asked Chief Nimitz about the enforceability of the 39 Curfew Ordinance. The Chief stated they had been operating under the State 40 Statute with no problems. Cheif Nimitz commented that groups have appeared 41 before the Board of Works asking for extensions on the Curfew. 42 43 Councilperson Bodiker asked regarding the penalty on this ordinance. Mr. 44 Barden stated the penalty falls under the guidelines of the State Statute 45 and a violation is grounds for child neglect by a parent. 46 47 Councilperson Hankinson moved for engrossment of Ordinance No. 37-1984, 48 seconded by Councilperson Parker and on unanimous voice vote the motion was 49 carried. 50 51 Councilperson Hankinson moved to suspend the rules and to: move Ordinance 52 No. 37-1984 to third and final reading and read by title only, seconded by 11/ 53 Councilperson Williams and on unanimous voice vote the motion was carried. 54 55 The:.Clerk read on third and final reading by title only Ordiannce No. 37-1984 56 - AN ORDINANCE ADOPTING THE STATE CURFEW TIME AS THE ESTABLISHED CURFEW TIME 57 FOR THE CITY OF RICHMOND, AND TO PROVIDE MEANS FOR ALTERING THE CURFEW TIME. 58 59 Ordinance No: 37-1984 was adopted with the following vote: 60 61 Ayes: Williams, Brookbank, Hankinson, Parker, Bodiker, Lemoine and Morris,') 62 and Elstro (8) 63 Nays: None 64 65 Absent: Whitesell 43 Common Council Minutes Cont'd April 16, 1984 ' Page 6 • 1 ORDINANCE II/ NO. 38-1984 2 3 The Clerk read on first reading by title only Ordinance No. 38-1984 - AN 4 ORDINANCE AMENDING SECTION 33.05 OF THE MUNICIPAL CODE FOR THE CITY OF RICHMOND 5 REQUIRING THAT ANY HEARING HELD BY A FACT-FINDING PANEL IN CITY EMPLOYEE 6 NEGOTIATIONS MUST COMPLY WITH THE PUBLIC HEARING REQUIREMENTS OF INDIANA CODE. 7 I.C. 5-14-1.5-6.5. 8 9 Mr. Barden explained the Indiana General Assembly amended the Indiana Open 10 door Policy Act and included fact finding negotiations and employee bargaining 11 situations for any public entity to be held in public. Mr. Barden stated that 12 representatives from the Police and Fire Departments would like to speak in 13 opposition to this ordinance. 14 15 Mr. Barden added that preliminary negotiations could still be held in private 16 and this Ordinance amends the portion of the Municipal Code regarding fact 17 finding. 18 19 Councilperson Morris asked Mr. Barden if the City would be in violation of 20 State Statute if the Ordinance was not passed. Mr. Barden stated the City was 21 not in negotiations yet and the Ordinance could be held up. 22 23 Councilperson Hankinson moved to suspend the rules and to move Ordinance No. 24 38-1984 to second reading, seconded by Councilperson Parker and on unanimous 25 voice vote the motion was carried. 26 27 The Clerk read on second reading Ordinance Nd.38-1984 - AN ORDINANCE AMENDING 28 SECTION 33.05 OF THE MUNICIPAL CODE FOR THE CITY OF RICHMOND REQUIRING THAT 29 ANY HEARING HELD BY A FACT-FINDING PANEL IN CITY EMPLOYEE NEGOTIATIONS MUST 30 COMPLY WITH THE PUBLIC HEARING REQUIREMENTS OF INDIANA CODE, I.C. 5-14-1.5-6. . 31 32 President Elstro announced Ordinance No. 38-1984 was on public hearing. 33 34 Speaking against Ordinance No. 38-1984 was Mark Smith, 225 Crestwood Lane, 35 President of the Fraternal Order of Police. Mr. Smith commented that he felt 36 there was a problem with opening this up to the public since often articles 37 of equipment issue to officefs are a part of negotiations. Mr. Smith indicat- 38 ed the National and State Fraternal Order of Police are opposed and question- 39 ing the legality of this and there will be a representative at the next 40 meeting of the Council. 41 42 Mr. Smity also suggested to the Council that if this Ordinance is passed the 43 Council then needs to amend Section H of the Code regarding Negotiations to 44 make the decisions of the fact finding binding on both parties. 45 46 ORDINANCE NO. 39-1984 47 48 The Clerk read on first reading by title only Ordinance No.39-1984 - AN 49 ORDINANCE:AMENDING THE RULES AND REGULATIONS WITH REGARD TO SERVICE FOR THE 50 RICHMOND POWER & LIGHT AND MATTERS RELATED THERETO. 51 52 Councilperson Hankinson moved to suspend the rules and to move Ordinance No. 53 39-1984 to second reading, seconded by Councilperson Brookbank and on unani- 54 mous voice vote the motion was carried. 55 56 The Clerk read on second reading Ordinance No. 39-1984 - AN ORDINANCE AMENDING 57 THE RULES AND REGULATIONS WITH REGARD TO SERVICE FOR THE RICHMOND POWER & 58 LIGHT AND MATTER RELATED THERETO. 59 60 President Elstro announced Ordinance No. 39-1984 was on public hearing. 61 62 Speaking for Ordinance No. 39-1984 was Irving Huffman, General Manager of the 63 Richmond Power & Light. Mr. Huffman recouuuended the Council adopt this 64 Ordinance. The Ordinance establishes the guidelines for service termination 65 as required by the Public Service Commission. This Ordinance causes Richmcn Common Council Minutes Cont'd April 16, 1984 Page 7 1 Power & Light to be in conformity with public utilities and reduces confusion 2 to customers. 3 4 Councilperson Williams cemented on service termination and the effects on 5 poor people. 6 7 Councilperson Bodiker moved to engross Ordinance No. 39-1984, seconded by 8 Councilperson Parker and on a voice vote with Councilperson Williams voting 9 no the motion was carried. 10 11 Councilperson Bodiker moved to suspend the rules and move Ordinance No. 39- 12 1984 to third and final reading and to read by title only, seconded by 13 Councilperson Hankinson and on a voice vote the motion was defeated with 14 Councilperson Williams voting no. 15 16 ORDINANCES ON SECOND READING 17 18 The Clerk read on second reading Ordinance No. 19-1984 - AN ORDINANCE REQUIR- 19 ING THE LICENSING OF KENNELS AND PET SHOPS REQUIRING SUCH KENNELS AND PET 20 SHOPS TO BE KEPT IN A CLEAN AND SANITARY CONDITION, PROVIDING FOR THE INSPECT- 21 ION OF SAME AND PENALTIES FOR VIOLATION THEREOF. 22 23 The City Clerk noted this Ordinance cannot be passed and adopted at this 24 meeting since the legal advertisement for public hearing was not published. • 25 26 President Elstro announced that Ordinance No. 19-1984 was on public hearing 27 for any person in the audienceowishing to ,speak and it will be held on public 28 hearing. 29 30 Councilperson Parker moved to amend Section 1, paragraph D titled Pet Shop 31 as follows: Any establishment or location used for the purpose of selling 32 small animals including averies used to raise birds and to amend paragraph 33 E under Section 1 to read; Small Animals - Any dog, cat,foul, rats, mice, 34 fish, turtles, chickens, ducks, rabbits, pigeons, reptiles, hamsters, gerbils, 35 or any other small animals and birds. 36 37 Councilperson Bodiker seconded the motion to amend Section 1, paragraphs D 38 and E and the cotion was carried on unanimous voice vote. 39 40 councilperson Lemoine moved to amend Section 3, paragraph F by adding to 41 the first sentence "or other appropriate vaccinations for that speries and 42 age". , seconded by Councilperson Morris and on unanimous voice vote the 43 motion was carried. 44 45 Councilperson Lemoine moved to amend Section 3, paragraph H with the addition 46 of "as certified by a veternarian.",seconded by Councilperson Morris and 47 on unanimous voice vote the motion was carried. 48 49 Speaking for Ordinance No. 19-1984 was James Shearer, 567 Earlham Drive. 50 Mr. Shearer couuuented on Paragraph K of Section 3 regarding the showing of 51 the bill of sale or information of origin to customers since the bill of 52 sale shows purchase price. Mr. Shrearer also couuuented on a proposed amend- 53 ment to Section 6 by the Animal Welfare Shelter stating "as well as instit- 54 utions or shelters operated by not for profit corporations devoted to the 55 welfare of animals." Mr. Shearer felt that since the Animal Welfare Shelter 56 handles many more cats and dogs than any businesses in the City they should 57 also be subject to the provisions of the Ordinance. 58 59 Speaking for Ordinance No. 19-1984 was Dorothy Smith, owner of the Richmond 60 Acquarium, cemented that this Ordinance should protect all animals from 61 cruelty including animals being sold, animals in the shelters and pets of 62 private individuals. 63 64 President Elstro stated this Ordinance will be left on public hearing and 65 Mr. Barden will be working on other amendments for the Ordinance. 4.W-15 Common Council Minutes Cont'd April 16, 1984 Page 8 1 ORDINANCE :NO. 22-1984 2 3 The Clerk read on second reading Ordinance No. 22-1984 - AN ORDINANCE TO APP- 4 ROPRIATE WITHIN THE GENERAL FUND. 5 6 Mr. Barden examined the Proof of Publication and found it to be in order. 7 8 Councilperson Parker moved to accept and file the Proof of Publication, sec- 9 onded by Councilperson Bodiker and on unanimous voice vote the motion was 10 carried. 11: 12 Ms. Maness stated this appropriation covers the funds needed to reestablish 13 the Communications Technician under the Board of Works. 14 15 President Elstro announced Ordinance No. 22-1984 was on Public hearing. 16 17 There was no public comment on the Ordinance. 18 19 Councilperson Williams moved for engrossment of Ordinance No. 22-1984, seco- 20 nded by Councilperson Bodiker and on unanimous voice vote the motion was car- 21 ried. 22 23 Councilperson Williams moved to suspend the rules and to move Ordinance NO. 24 22-1984 to third and final reading and read by ttile only, seconded by Council- 25 person Bodiker and on unanimous voice vote the motion was carried. 26 27 The Clerk read on third and final reading by title only Ordinance No. 22-1984 28 - AN ORDINANCE TO APPROPRIATE WITHIN THE GENERAL FUND. 29 30 Ordinance No. 22-1984 was adopted with the following vote: 31 32 Ayes: Williams, Brookbank, Hnakinson, Parker, Bodiker, Lemoine, Morris and 33 Elstro (8) 34 35 Nays: None 36 37 Absent: Whitesell 38 39 40 ORDINANCE- NO. 27-1984 41 42 The Clerk read on second reading Ordinance No. 27-1984 - AN ORDINANCE TO 43 APPROPRIATE FROM THE LOCAL ROAD AND STREET FUND. 44 45 Mr. Barden examined the Proof of Publication and found it to be in order. 46 47 Councilperson Parker moved to accept and file the Proof of Publication, 48 seconded by Councilperson Bodiker and on unanimous voice vote the motion was 49 carried. 50 51 President Elstro announced Ordinance No. 27-1984 was on public hearing. 52 53 There was no public comment on the Ordinance. 54 55 Councilperson Williams moved for engrossment of Ordinance No. 27-1984, sec- 56 onded by Councilperson Morris and on unanimous voice vote the motion was car- 57 ried. 58 59 Councilperson Williams moved to suspent the rules and to move Ordinance No. 60 27-1984 to third and final reading and to read by title only, seconded by 61 Councilperson Morris and on unanimous voice vote the motion was carried. 62 ' 63 The Clerk read on third and final reading by title only Ordinance No. 27-1984 64 - AN ORDINANCE TO APPROPRIATE FROM THE LOCAL ROAD AND STREET FUND. 65 F7 Ard Common Council Minutes Cont'd ApriL_16, 1984 Page 9 1 Ordinance No. 27-1984 was adopted with the following vote: 2 3 Ayes: Williams, Brookbank, Hankinson, Parker, Bodiker, Lemoine,, Morris and 4 Elstro (8) 5 6 Nays: None 7 8 Absent: Whitesell 9 10 ORDINANCE NO. 28-1984 11 12 The Clerk read on second reading Ordinance No. 28-1984 - AN ORDINANCE TO 13 TRANSFER WITHIN THE LOCAL ROAD AND STREET FUND. 14 15 President ElStro announced Ordinance No. 28-1984 was on public hearing. 16 17 Ordinance No. 28-1984 is to appropriate $40,000.00 for right of way purchase 18 and appraisers fees for the extension of South L Street. 19 20 Councilperson Parker asked if this right of way was for east of Henley Road. 21 Mr. Willis stated that there was some indications for right of way east of 22 Henley on the:original plans, but that he has contacted the State and they 23 will angle off before they are east of Henley eliminating the need for right 24 of way east of Henley. 25 26 Speaking against Ordinance No. 28-1984 was Phil Harp, 3600 Geraldine Lane. 27 Mr. Harp was representing homeowners in the area and stated that the environ- 28 mentiin that area will change with the extension of South L Street beyond 29 23rd Street. Mr. Harp commented that the citizens of the area are in opposit- 30 ion to extension beyond South 23rd Street. 31 32 Aslo speaking against Ordinance No. 28-1984 was James Carter of 911 Henley 33 Road South. Mr. Carter, Mr. David Thurman of 1115 Henley Road, Mr. Carl Sharp 34 of 981 Breckenridge and Dr. Roy Hunteman of 3040 Hodgin Road. 35 36 Mr. Sharp told the Council that if there is a need for a bypass road for 37 the Southeast area of the City, that alternative routes could be considered 38 rather than extending Sount L Street beyond 23rd Street. 39 40 Councilperson Williams stated his opposition to the extension of South L 41 Street commenting on the fact that residents would have not purchased homes 42 in this area if they had mown of the extension. 43 44 Councilperson Bodiker commented on access from the Airport to the east and 45 northwest being a more important priority than this extension. 46 47 Councilperson Morris also commented on her support of better access from the 48 Airport and noted htat the $40,000.00 could be better spent on improving 49 existing streets, sidewalks and, alleys. 50 51 Councilperson Bodiker moved for engrossment of Ordinance No. 28-1984, second- 52 ed by Councilperson Parker and on a:.voice vote with Councilperson Williams 111 53 voting no the motion was carried. 54 55 Councilperson Bodiker moved to suspend the rules and to move Ordinance NO. 56 28-1984 to third and final reading and to read by title only, seconded by 57 Councilperson Hankinosn and on unanimous voice vote the motion was carried. 58 59 The Clerk read on third and final reading by title only Ordinance No. 28-1984 60 - AN ORDINANCE TO TRANSFER WITHIN THE LOCAL ROAD AND STREET FUND. 61 62 Ordinance No. 28-1984 was defeated with the following vote: 63 64 Ayes: Parker (1) 65 Nays: Williams, Brookbank, Hankinson, Bodiker, Lemoine, Morris and Elstro(7) 477 Common Council Minutes Cont'd April 16, 1984 Page 10 1 Absent: Whitesell 2 3 ORDINANCES ON THIRD READING 4 1 .None 6 7 UNFINISHED BUSINESS 8 9 President Elstro announced the Coirnuittee of the Whole meeting on April 25 10 1984 for the purpose of discussing the Subdivision Ordinance. The meeting wilt 11 be at 7:00 R.M. in the Board of Works Room. 12 13 There will also be a meeting of the Committee of the Whole on May 2, 1984 for 14 the purpose of discussing 911 Concept, wrecker service and ambulance service. 15 The meeting will be at 7:00 p.m. in the Board of Works Room. 16 17 ADJOURNMENT 18 19 There being no further business on a motion duly made, seconded and passed 20 the meeting was adjourned. 21 22 23 Howard J. Elstro 24 President 25 26 27 ATTEST: Mary Merchanthouse 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 /f/, 45 46 47 48 49 50 51 52 • 53 54 55 56 57)58 591 60 61 62 63 64 65e