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HomeMy Public PortalAbout03-19-1984 04 53 PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA, MARCH 19,1984 III 1 The Common Council of the City of Richmond, Indiana, met in regular session 2 March 19, 1984, at the hour of 7:30 p.m. in the Council Chambers in the 3 Municipal Building in said City. President Pro-tem Williams presided with 4 the following members present: Councilpersons: Brookbank, Hankinson,Whitesel=, 5 Parker,Bodiker, Lemoine and Morris. Absent: Councilperson Elstro. The foll- 6 owing business was had to-wit: 7 8 PLEDGE OF ALLEGIANCE 9 10 SILENT DEVOTIONS 11 12 APPROVAL OF MINUTES OF MARCH 5, 1984 13 14 Councilperson Hankinson moved to approve the minutes of the previous meeting 15 as received, seconded by Councilperson Brookbank and on unanimous voice vote 16 the motion was carried. 17 18 COMMUNICATIONS FROM THE MAYOR 19 20 Mayor Frank Waltermann told the members of the Common Council that he had 21 talked with two (2) companies looking at Richmond for possible locations of 22 businesses. He had also met with the developers of the Leland Hotel Project. 23 24 He stated that some problems have developed with the melting snow and the 25 sewers. Ralph Willis will be developing a program for sewer maintenance 26 including an annual inspection of sewers. 27 28 The Mayor stated he had also met with Diane Lupke concerning the Enterprise 29 Zone and attended a very informative meeting in Indianapolis with the Assoc- 30 iation of Cities and Towns. 31 32 Councilperson Hankinson questioned the Mayor about a lawn at 2517 South A 33 Street that had been damaged by snow plow and if the City could not assist 34 with repairs to this property. Mayor Waltermann stated that if the citizens 35 will contact the Street Department they will assist in any repairs. 36 37 Councilperson Hankinson asked Ms. Maness if the Board of Works will refer 38 this problem to the Street Department. 39 40, Councilperson Williams couumented to the Mayor regarding a dangerous tree 41 at 817 North I Street. Ms. Maness will refer this complaint to the Park 42 Department through the Bord of Works. 43 f;!1 Mayor Waltermann couuuented to the Council that if Rcihmond Power & Light 45 would ever trade in a bucket truck, the City could better handle tree prob- 46 lems if a piece of equipment like a bucket truck could be obtained. 47 48 Councilperson Whitesell told the Mayor that he had spoken with Mr._ Huffman 49 .regarding equipment to trade in being offered to the City first. 50 51 REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY 52 53 Ms. Maness, President of the Board of Public Works and Safety, reported to 54 the Council that the Board of Works had approved the Street light request 55 of the Council. The Board had also approved three (3) handicapped parking 56 spaces for the County Commissioners and approved the rates for 1984 for 57 the Off Street Parking facilities. 58 59 Councilperson Lemoine asked Ms. Maness if bids had been accepted for contrac- 60 tual services for assistance in grant writing. Ms. Maness stated that personal 61 service contract do not have to be bid and these were not bid. 62 63 Councilperson Lemoine asked Ms. Maness to have Chief of Police Nimitz on 64 the next agenda of Council to answer questions regarding the Foot Patrol. 65 OP 54 Common Council Minutes Con't March 19,1984 Page 2 1 Councilperson Bodiker asked Ms. Maness regarding the removal of parking on 2 the east side of North 22nd Street. He asked if residents in this area had 3 been contacted or if any investigation had been done. 4 5 Ms. Maness stated this had been recommended by Mayor Waltermann. 6 7 President Pro-tem Williams announced there were persons in the audience from 8 North 22nd Street wanting to address the Council on the removal of parking. 9 10 Mr. James Smith of 114 North 22nd Street presented a petition to the Council 11' signed by all the residents of North 22nd Street from Main to E Street opp- 12 osing the removal of parking from the east side of this street. The residents 13 asked that this parking be reinstated and the Board of Works consider other 14 solutions to the traffic congestion in this area. 15 161 Councilperson Hankinson commented that he feels this decision needs to be 171 reconsidered by the Board of Works. Ms. Maness invited Mr. Smith and the 18 residents of this area to the next meeting of the Board of Works to present 19 this petition. This item will be placed on the Agenda for consideration. 20 21 REPORT FROM CITY DEPARTMENTS 22 23 City Attorney Barden reported that he had attended a meeting of Indiana 24 Municipal Lawyers Association about updating Municipal Codes to conform with 25 Title 36. Mr. Barden would like to meet with the Council regarding an Ord- 26 finance to clarify Home Rule Powers and structural changes that have to be 27, made in the current Code. Mr. Barden would also like to schedule an Executiv- 28 Session of the Council to discuss current litigation pending against the Cit . 29 30 REPORTS FROM STANDING COMMITTEES 31 32 None 33 34 REPORTS FROM SPECIAL COMMITTEES 35 36 Councilperson Bodiker reported on the March 14th meeting of the Park Board. 37 He commented that the Board discussed issues including improvements in the 38 Gorge Park, summer tennis clinics, Rose Festival activities and other requesus 39 for using Park facilities. 40 41 Councilperson Lemoine reminded the Council about the meeting scheduled at 42 the Airport on March 29th at 7:00p.m. 43 44 Councilperson Brookbank reported she had attended a meeting on the Enter- 45 prise Zone and a discussion of the need for insurance to protect the board 46 members was held. 47 48 MISCELLANEOUS BUSINESS 49 50 Mr. William Washburn of the Richmond Gas Corporation shared with the Council 51 what the local Gas Corporation had been doing on the part of consumers to 52 intervene in rate increases. He told the Council that the local corporation 53 has spent $45,000.00 in attorney and consultant fees to help keep the cost 54 of their service down for their customers. 55 56 Mr. Washburn stated that the Richmond Gas Corporation is currently having 57 to file for a rate increase with the Public Service Cunmiission and he assur- 58 ed the Council that they will not ask for more than necessary to insure the 59 company that they can pay their bills ^on time. He further stated that with 60 the income the local company has coming in, they would have been able to 61 file for increases before now, but instead have maintained an austerity 62 program. 63 64 Councilperson Bodiker asked Mr: Washburn if there was a bay of getting re- 65 lief from the high cost to the local company by suppliers. Mr. Washburn 00455 Couuuon Council Minutes Con't March 19, 1984 Page 3 1 replied that they have been able accasionally to convince suppliers that re- 2 lief was necessary when the outcome was losing customers. 3 4 Mr. Washburn said the best thing for consumers to do about increases and 5 high costs is to speak out against them. 6 7 RESOLUTIONS 8 9 RESOLUTION NO. 8-1984 10 11 Councilperson Whitesell moved to suspend the rules and read Resolution No. 12 8-1984 by title only, seconded by Councilperson Parker and on unanimous voice 13 vote the motion was carried. 14 15 The Clerk read by title only Resolution No. 8-1984 - A RESOLUTIO APPROVING 16 RATES AND CHARGES IN CONNECTION WITH THE OPERATION OF THE THREE(3) DOWNTOWN 17 PARKING FACILITIES OPERATED BY AUTOMATIC GATES IN THE CITY OF RICHMOND, IND- 18 IANA. 19 20 Councilperson Whitesell asked Mary Merchanthouse about the $32,000.00 from 21 the Downtown Merchants for two (2) hour free parking in the lots and garage. 22 Ms. Merchanthouse said the $32,000.00 is a $5,000.00 increase over the amount 23 that was paid by the merchants in 1983. Ms. Merchanthouse commented that this 24 was negotiated with the merchants and they will meet this negotiated figure. 25 Ms. Merchanthouse stated that the rate structure and the rental fees had been 26 approved by the Downtown Merchants. III 27 28 Councilperson Lemoine asked M. Merchanthouse how the $32,000.00 was assessed 29 to the merchants. Ms. Merchanthouse stated the rate was based on last years 30 assesments and that three of the merchants had agreed to absorb the $5,000.00 31 increase. 32 33 Councilperson Hankinson moved to adopt Resolution No. 8-1984, seconded by 34 Councilperson Whitesell and on unanimous voice vote the motion was carried. 35 36 ORDINANCES 37 38 ORDINANCES ON FIRST READING 39 40 ORDINANCE NO. 17-1984 41 42 Councilperson Whitesell moved to suspend the rules and read Ordinance No. 17- 43 1984 on first reading by title only, seconded by Councilperson Parker and on 44 unanimous voice vote the motion was carried. 45 46 The Clerk read on first reading by title only Ordinance No. 17-1984 - AN 47 ORDINANCE AMENDING CHAPTER 154 OF THE MUNICIPAL CODE, BEING ORDINANCE NO. 48 2325-1968, COMMONLY KNOWN AS THE ZONIGN ORDINANCE OF THE CITY OF RICHMOND, 49 INDIANA, PROVIDING FOR THE REZONING OF PROPERTY LOCATED AT 125 SOUTHWEST 5th 50 STREET AND 426, 428 NATIONAL ROAD WEST FORM R-3 ONE-TO-EIGHT FAMILY RESIDENCE 51 DISTRICT TO C-1 LIMITED COMMERCIAL DISTRICT. III 52 53 President Pro-tem Williams announced that Oridinance No. 17-1984 will be 54 referred to the Plan Coiuuission for Public Hearing with that body. 55 56 ORDINANCE NO. 18-1984 57 58 Councilperson Whitesell moved to suspend the rules and read Ordinance No. 59 18-1984 on first reading by title only, seconded by Councilperson Parker and 60 on unanimous voice vote the motion was carried. 61 62 The Clerk read on first reading by title only Ordinance No. 18-1984 - AN 63 ORDINANCE AMENDING THE PROCEDURE FOR ABANDONING OR VACATING PUBLIC WAYS OR 64 PLATTED LOTS. 65 n et 6 Common Council Minutes Con't March 19,1984 Page 4 1 President Pro-tem Williams announced that Ordinance No. 18-1984 will be 2 referred to the Plan Counuission for public hearing. 3 4 ORDINANCES ON SECOND READING 5 6 APPROPRIATION ORDINANCE NO. 12-1984 ,7 ' ' 8 The Clerk read on second reading by title only Appropriation Ordinance No. 9 12-1984 - AN ORDINANCE TO APPROPRIATE N'ROM THE FEDERAL REVENUE SHARING TRUST 10 FUND. 11 12 Councilperson Parker moved to accept and file the Proof of Publication, 13 seconded by Councilperson Hankinson and on unanimous voice the motion was 14 carried. 15 16 President Pro-tem Williams announced that Ordinance No. 12-1984 was on 17 public hearing. 18 19 Speaking for Ordinance No. 12-1984 was Cathy Maness, City Controller. Ms. 20 Maness stated that there are representatives from the City Departments to 21 answer specific questions on Revenue Sharing Requests. She also commented 22 that there is a balance in the Federal Revenue Sharing Trust Fund of $150,000. 23 24 Councilperson Lemoine asked Ms. Maness if any of the requested item need to 25 be bid. Ms. Maness stated that the Police Department Radio Console had been 26 bid. A date has been set to receive bids on the Fire Department Alarm system 27 and that the computer and copier will be bid by choice. 28 29 Councilperson Hankinson moved to engross Ordinance No. 12-1984, seconded by 30 Councilperson Bodiker and on unanimous voice vote the motion was carried. 31 32 Councilperson Bodiker moved to suspend the rules and to move Ordinance No. 33 12-1984 to third and final reading and read by title only. seconded by 34 Councilperson Hankinson and on unanimous voice vote the motion was carried. 35 36 The Clerk read on third and final reading by title only Ordinance No. 12-1984 37 - AN ORDINANCE TO APPROPRIATE FROM THE FEDERAL REVENUE SHARING TRUST FUND. 38 39 Ordinance No. 12-1984 was adopted with the following vote: 40 41 Ayes: Brookbank, Hankinson, Whitesell, Parker, Bodiker, Lemoine, Morris 42 and Williams (8) 43 44 Nays: None 45 46 APPROPRIATION ORDINANCE NO. 16-1984 47 48 The Clerk read on second reading by title only Ordinance No. 16-1984 - AN 49 ORDINANCE TO APPROPRIATE WITHIN THE GENERAL FUND. 50 51 Councilperson Parker moved to accept and file the Proof of Publication, 52 seconded by Councilperson Hankinson and on unanimous voice vote the motion 53 was carried. 54 55 President Pro-tem Williams announced that Ordinance No. 16-1984 was on 56 public hearing. 57 58 Speaking for this Ordinance was Cathy Maness, City Controller. Ms. Maness 59 stated this Ordinance is for appropriations to pay unemployment claims. 60 The appropriation is from cost savings from the reorganization of the 61 departments. 62 63 Councilperson Hankinson moved to engross Ordinance No. 16-1984, seconded by 64 Councilperson Bodiker and on unanimous voice vote the motion was carried. 65 00457 Common Council Minutes Con't March 19,1984 Page 5 1 Councilperson Morris moved to suspend the rules and to move Ordinance No.16- 2 1984 to third and final reading and read by title only, seconded by Council- 3 person Hankinson and on unanimous voice vote the motion was carried. 4 5 The Clerk read on third and finalreading by titleonly Ordinance No. 16-1984 - 6 AN ORDINANCE TO APPROPRIATE WITHIN THE GENERAL FUND. 7 8 Ordinance No. 16-1984 was adopted with the following vote: 9 10 Ayes: Brookbank, Hankinson, Whitesell, Parker, Bodiker, Lemoine, Morris and 11 Williams (8) 12 13 Nays: None 14 Absent: Elstro 15 16 ORDINANCES ON THIRD READING 17 18 ORDINANCE No. 5-1984 19 20 Ordinance No. 5-1984 is assigned to Plan Commission for Public Hearing and 21 final comment to the Council. 22 23 Councilperson Whitesell moved to suspend the rules on Ordinances No. 9 and 24 10-1984 and to read by title only on third and final reading, seconded by 25 Councilperson Brookbank and on unanimous voice vote the motion was carried. 26 27 ORDINANCE NO. 9-1984 28 29 The Clerk read on third and final reading by title only Ordinance No. 9-1984- 30 AN ORDINANCE TO APPROVE USER RATES AND CHARGES, FOR THE DISCHARGE OF LIQUID 31 WASTES IN THE FACILITIES OF THE RICHMOND SANITARY DISTRICT OF THE CITY OF 32 RICHMOND, INDIANA, TO BE IMPOSED BY THE RICHMOND SANITARY DISTRICT OF THE 33 CITY OF RICHMOND, INDIANA. 34 35 President Pro-ten Williams called for final comment from the Council on 36 Ordinance No. 9-1984. 37 38 Councilperson Hankinson expressed his displeasure at the portion of the cost 39 referred to the tax base. He stated he will support the Ordinance. 40 41 Councilperson Whitesell stated he supports the Ordinance as proposed. He 42 expressed concern over the effect this ordinance will have on business, 43 industry and private individuals. He requested the Sanitary Commissioners 44 consider the following items: That the Commissioners keep the Council up- 45 dated as to the operating expenditures during the year not just at budget 46 time. That the Commissioners will try to keep the Council informed on the 47 sewer plant and make lines of communication open to the Council. That an 48 advisory group be formed of individuals from local business and industry to 49 assist with the operating management of the Sanitary District. That a plan 50 be established to review the operating regulations imposed by State and 51 Federal Agenceis and to establish a method to challenge as need be. 52 53 Councilperson Parker commented on certain members of the Council meeting 54 with personel of the Sanitary District in a work session on the budget and 55 not all the members of the Council were included when the budget vas such an im- 56 portant part to consider in the rate increase. He stated all members of 57 Council should be invited to work sessions and hoped this will not happen 58 again. 59 60 Councilperson Bodiker stated he had hoped for a larger decrease than five (5) 61 cents. He commented that if this had been initiated in January as originally 62 planned a larger decrease could have been feasible, but since this extra delay 63 has caused the total increase to be less for the year he will support the 64 ordinance as presented. 65 458 Common Council Minutes Con't March 19, 1984 Page 6 1 Camcilperson Williams stated he will support this ordinance and he does so 2 with much difficulty. 3 4 Ordinance No. 9-1984 was adopted with the following vote: 5 6 Ayes; ,Brookbank, Hankinson, Whitesell, Bodiker, Lemoine, Morris and Williams 7 ®a.: (7) 8 9 Nays: Parker (1) 10 Absent: Elstro 11 12 ORDINANCE NO. 10-1984 13 14 The Clerk read on third and final reading by title only Ordinance No. 10-198 15 - AN ORDINANCE CONCERNING ANIMAL WASTES AND TO FACILITATE THE REMOVAL THERE- 16 OF. 17 18 President Pro-ten Williams called for final comment on Ordinance No. 10-1984 19 20 Councilperson Parker counuented on the fact that the Ordinance had been pas- 21 sed to third reading without an ammendment being made to set a fine. He 22 also commented on method of enforcement would be a citizen's arrest. 23 24 City Attorney Barden stated that a citizen would be able to fill out a not- 25 ice of violation for enforcement of this ordinance. 26 27 Councilperson Bodiker asked Mr. Barden how you would prove whose animal was 28 involved and Mr. Barden stated the ordinance deals with the waste of the 29 animal. 30 31 Mr. Barden also commented that as the Ordinance stands it falls under the 32 general penalty fine and would be handled through the Court system. 33 34 Councilperson Hankinson stated he cannot support the ordinance since he 35 feel it is totally unenforceable. 36 37 Ordinance No. 10-1984 was defeated with the following vote: 38 39 Ayes: Parker and Williams (2) 40 Nays: Brookbank, Hankinson, Whitesell, Bodiker, Lemoine and Morris (6) 41 Absent: Elstro 42 43 There being no further business on a motion duly made, seconded and passed 44 the meeting was adjourned. 45 46 Marion Williams 47 President Pro-ten 48 49 ATTEST: Mary Merchanthouse 50 City Clerk 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65