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HomeMy Public PortalAbout12-19-1983 1 40 • PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA, DECEMBER 19, 1983 1 The Common Council of the City of Richmond, Indiana , met in regular session III2 December 19, 1983 at the hour of 7:30 p.m. in the Council Chambers in the 3 Minicipal Building in said City. President Mills. presided with the fol- _ 4 lowing members present: Messrs . Elstro, Williams , Ms . Henry, Hankinson, 5 Welch, Parker, Carter and Paust. Absent : None. The following business 6 was had, to-wit: 7 8 DEVOTIONS _ 9 _ 10 President Mills gave devotions . 11 . 12 APPROVAL OF MINUTES OF DECEMBER 5 , 1983 13 14 Councilman Hankinson moved the minutes of the previous meeting be approved 15 as received, seconded by Councilman Paust and on unanimous voice vote the 16 motion was carried. - 17 18 MESSAGES FROM THE PRESIDENT, MAYOR, CLERK & COUNCILMEN 19 20 President Mills thanked the Mayor and all department heads for the job they 21 have done while -he has been on Council and especially while President of 22 Council . He gave special thanks and praise to City Clerk JoEllen Trimble. 23 24 Mayor Clifford Dickman expressed his pleasure in working with Council for 25 the past eight (8) years in trying to make a. better City. He thanked the 26 citizens , department heads and City .Clerk-. In spite of everything he III27 stated he will never regret having served this City as Mayor for 8 years . 28 It has been the greatest pleasure and greatest thing he has ever done in 29 his life with the exception of his family. 30 31 He .presented plaques to the five retiring councilmen: Ken Paust, James - 32 Carter, Robin Henry, Bing Welch and Ken Mills, noting their years of 33 service to this City. 34 35 Councilman Elstro stated he will miss all of the Council members retiring 36 and thanked them on behelff of himself and the people of the City for their 37 service. 38 39 City Clerk JoEllen Trimble read a short poem she had written about her 40 years as City Clerk. 41 42 RESOLUTIONS 43 Resolution No. 25-1983 44 45 Councilman Welch moved to suspend the rules and read Resolution No. 25-1983 46 by title only, seconded by Councilman Parker and on unanimous voice vote 47 the motion was carried. 48 49 The Clerk. read by title only Resolution No. 25-1983 - A• RESOLUTION OF THE 50 COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA ENCOURAGING THE CITIZENS 51 SUPPORT OF THE SISTER CITY IDEA. III 52 53 President Mills stated Mrs. Barcom has requested this resolution be amended 54 to read the Soviet Union instead of Russia. . 55 56 Councilman Hankinson so moved, seconded by Councilman Welch and on unanimous 57 voice vote the motion was carried. 58 59 Councilman Hankinson moved for adoption .of Resolution No : 25-1983 , seconded 60 by Councilman Paust and on unanimous voice •vote the motion was carried. 61 62 BOARD OF PUBLIC WORKS AND SAFETY 63 64 Board of Works President Don Meredith thanked Council for their cooperation 65 with . the Board and to himself as Controller. 404 Common Council Minutes Cont'd. December 19, 1983 Page 2 1 Councilman Elstro noted South "L" near 16th has a 3 to 4 foot drop-off 2 which should be barricaded. Acting City Engineer Steve Esarey stated 3 he has discussed this with the project engineer and it will be barricaded. 4 He will check back with him. 5 6 REMARKS FROM AUDIENCE 7 8 Ms; Sue Hubbell , 1132 South 5th, Street, addressed Council noting she 9 attended the first meeting 8 years ago and wanted to attend the last of 10 this administration. She told of her experiences over the last 8 years 11 and noted she is glad to see women taking a more active part in govern- 12 ment. 13 14 CHANGE MEETING DATE FOR NEXT MEETING 15 16 President Mills noted the next meeting date should be changed to 17 January 3, 1983 as well as the next RP&L meeting. 18 19 Councilman Welch so moved, seconded by Councilman Paust and on unanimous 20 voice vote the motion was carried. 21 22 ORDINANCES- ON 1ST READING 23 24 Councilman Welch moved to suspend the rules and read Ordinance Nos . 25 73-1983, 74-1983, 75-1983, 76-1983, 77-1983 and 78-1983 on first reading 26 by title only, seconded by Councilman Elstro and on unanimous voice vote 27 the motion was carried. 28 11/ 29 ORDINANCE NO. 73-1983 30 31 The Clerk read on first reading by title only Ordinance No. 73-198.3 - AN 32 ORDINANCE TO ESTABLISH A HEALTH INSURANCE ACCOUNT AND PROVIDE FOR A WIDOW, 33 WIDOWER OR RETIREE TO PARTICIPATE IN THE INSURANCE PROGRAM. 34 35 Councilman Welch moved to suspend the rules and read Ordinance No. 73-1983 36 on second reading, seconded by Councilman Parker. On voice vote Council- 37 men Elstro, Williams and Carter voted no. 38 39 Councilman Elstro noted he feels the whole insurance plan for the City . 40 should be studied before this Ordinance is considered. City Controller 41 Don Meredith expressed he was sorry this didn't get to second reading 42 so it could be discussed. Councilman Elstro promised he will not let 43 the ordinance die. 44 45 ORDINANCE NO. 74-1983 46 47 The Clerk read on first reading by title only Ordinance No. 74-1983 - AN 48 ORDINANCE AMENDING CHAPTER 154 OF THE MUNICIPAL CODE, BEING ORDINANCE NO. 49 2325-1968, _COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF RICHMOND, 50 INDIANA, PROVIDING FOR THE. REZONING OF PROPERTY LOCATED AT 1215 SOUTH "Q" 51 STREET FROM R-2 SINGLE FAMILY RESIDENCE DISTRICT AND M-1 LIGHT INDUSTRIAL L 52 SPECIAL USE DISTRICT, AND AUTHORIZING THE SPECIAL USE OF SAID PROPERTY AS 53 A SALVAGE AND JUNK YARD AND AS AN. AUTO REPAIR AND RESTORATION SERVICE 54 GARAGE. 55 56 Councilman Welch moved to suspend the rules and read Ordinance No. 74- 57 1983 on second reading, seconded by Councilman Parker and on unanimous 58 voice vote the motion was carried. 59 60 The Clerk read on second reading Ordinance No. 74-1983. 61 62 President Mills announced Ordinance No. 74--1983 is on public hearing. 63 Representing the Plan Commission was Mr. Dan Dooley noting they held a 64 . public hearing and voted 9 to 0 for approval with the conditions written 65 in Section 3 of the ordinance. _a �_�e) • • Common Council Minutes Cont'd. • December 19, 1983 • Page 3 1 Councilman Elstro stated he has been fighting the present conditions of 2 this property for the last sixteen (16) years during which time it has I . 3 grown like .a cancer: He questioned if the ordinance can be enforced. Mr. 4 Dooley noted they have the willingness of the operators of the business to 5 ' comply with the ordinance. 6 7 Speaking for Ordinance No. 74-1983 was Attorney John Sayre, representing 8 Roy Cate and his sons , noting this Ordinance correctly defines the opera- 9 tion of the business and 'corrects a number of conditions . It further 10 gives the City teeth to enforce it, if that should become- necessary. Also 11 speaking for this Ordinance was Attorney Kent Klinge, who represented the 12 City in an injunction suit against Mr. Cate. This is a culmination of a 13 settlement worked out between Mr. Klinge and Mr. Sayre of the suit which 14 was done under code enforcement. A problem has been that the description 15 that created the land use right is unassertainable as, to tracibility and 16 the ability to close. This created a nightmare of enforcement. Three - 17 things have been attempted to be accomplished: (1) ascertain what Cate 18 owns (2)- eliminate overlapping of R-2 zoning (3) define precisely the 19 perimeter where the junk will . be. 20 21 Councilman .Carter moved for engrossment of Ordinance No. 74-1983, seconded 22 by Councilman Parker and on unanimous voice vote -the motion was carried. 23 24 Councilman Welch moved to suspend the rules and read Ordinance No. 74-1983 25 on third and final-reading by title only, seconded by Councilman Carter 26 and on unanimous voice vote the motion was carried. 27 28 The Clerk read on third reading by title only Ordinance No. 74-1983. 29 30 Ordinance. No. 74-1983 was carried by the following vote: 31 AYES: Williams , Henry, Hankinson, Welch , 32 Parker, Carter, Paust, Mills (8) 33 NOES: Elstro . (1) 34 • 35 ORDINANCE NO. 75-1984 36 37 The Clerk read on first reading by title only Ordinance No. 75-1983 - 38 ORDINANCE AUTHORIZING THE CITY OF RICHMOND TO ISSUE ITS "ECONOMIC DEVELOP- 39 MENT REVENUE BONDS" AND APPROVING OTHER. ACTIONS IN RESPECT THERETO, 40 41 Councilman Welch moved to suspend the rules and read Ordinance No. 75-1983 42 on' second reading, seconded by Councilman Parker and on- unanimous voice 43 vote the motion was carried. 44 45 The Clerk read on second reading Ordinance No. 75-1983. 46 47 President Mills announced Ordinance No . 75-1983 is on public hearing. 48 Council received a copy of an amended ordinance from Attorney Mark Reis , 49 bond counsel for this issuance. Mr. Reis noted the amendments include a 50 corrected date from June 23 to June 20 in Section 3; a change in the 51 maturing- date from 2003 to 1998 with the estimated interest column filled ill 52 in under Section 6; and in Section 8 eliminate the term "of interest rate 53 on" in line .8. 54 • • • - 55 Councilman Welch moved to amend Ordinance No. 75-1983 as recommended, 56 seconded by Councilman. Paust and on unanimous voice vote the motion was 57 carried. 58 59 Attorney Andrew Cecere, local counsel, reported the Economic Development 60 Commission passed a resolution today recommending this Ordinance to this 61 body, Mr. Reis explained the funding noting 6.6 million will be placed 62 into the project with 3.675. million of EDC bonds , State Community Devel - 63 opment block grant of $486,000 and the partnership $1 ,875 ,000. There will 64 also be a loan from a second mortgagee of $346,000. 406 Common Council Minutes Cont'd. December 19, 1983 Page 4 1 Also speaking for this Ordinance was Mr. Robert-Gabbard, Danville, KY, 2 representing the partnership, noting it is hoped the project will be 3 under way before the first of the year and, hopefully, completed by 4 November. Mayor Dickman spoke in support of this project noting it 5 will be a great asset for the City. The City and State have worked 6 with the Commerce Department to get this accomplished. 7 8 Councilman Elstro moved for engrossment of Amended Ordinance No. 75-1983, 9 seconded by Councilman Welch and on unanimous voice vote the motion was 10 carried. 11 12 Councilman Welch moved to suspend the rules and read Amended Ordinance 13 No. 75-1983 on third and final reading by title only, seconded by 14 Councilman Elstro and on unanimous voice vote the motion was carried. 15 16 The Clerk read on third reading by title only Amended Ordinance No. 75-1983. 17 18 Amended Ordinance No. 75-1983 was adopted by the following vote: 19 AYES : Elstro, Williams , Henry; Hankinson , 20 Welch , Parker, Carter, Paust, Mills (9) 21 NOES: None (0) 22 23 ORDINANCE NO. 76-1983 24 25 The Clerk read on first reading by title only Ordinance No. 76-1983 - AN 26 ORDINANCE AMENDING CHAPTER 154 OF THE MUNICIPAL CODE, BEING ORDINANCE NO. 27 2325-1968, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF RICHMOND, 28 INDIANA, PROVIDING FOR THE REZONING OF PROPERTY LOCATED AT 4051 UNION 11/ 29 PIKE FROM R-1 SINGLE FAMILY RESIDENCE DISTRICT TO R-1 SU SINGLE FAMILY 30 RESIDENCE SPECIAL USE DISTRICT, AND AUTHORIZING THE SPECIAL USE OF SAID 31 PROPERTY TO. PERMIT THE PLACEMENT OF A MANUFACTURED HOME. 32 33 Councilman Welch moved to suspend the rules and read Ordinance No. 76. 1983 34 on second reading, seconded by Councilman Elstro and on unanimous voice 35 voice the motion was carried. 36 37 The Clerk read on second reading Ordinance No.. 76-1-983. - 38 39 President Mills announced Ordinance No. 76-1983 is on public hearing. 40 Speaking for the Plan Commission was Dan Dooley, noting this request 41 meets the requirements of the zoning ordinance concerning placement of 42 • manufactured homes . The Plan Commission voted 9-0 to recommend approval 43 of this ordinance to Council . 44 45 Councilman Elstro moved for engrossment, seconded by Councilman Williams 46 and on unanimous voice vote the motion was carried. 47 . 48 Councilman Welch moved to suspend the rules and read Ordinance No . 76-1983 49 on third and final reading by title only, seconded by Councilman Elstro 50 and on unanimous voice vote the motion was carried. 51 52 The Clerk read on third reading by title only Ordinance No. 76-1983. 5311/ . 54 Ordinance No. 76-1983 was adopted by the following vote: 55 AYES: Elstro, Williams, Henry, Hankinson, 56 Welch, Parker, Carter, Paust, Mills (9) 57 NOES: None (0) 58 59 _ ORDINANCE NO. 77-1983 60 61 The Clerk read on first reading by title only Ordinance No . 77""-1983 - AN 62 ORDINANCE AMENDING CHAPTER 154 OF THE MUNICIPAL CODE, BEING ORDINANCE NO. 63 2325-1968, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF RICHMOND , 64 INDIANA, PROVIDING FOR THE REZONING OF PROPERTY LOCATED AT 1712 CHESTER 65 BOULEVARD FROM R-2 SINGLE FAMILY RESIDENCE DISTRICT TO R-2 SINGLE FAMILY 66 RESIDENCE SPECIAL USE DISTRICT, AND AUTHORIZING THE SPECIAL USE OF SAID 67 PROPERTY AS A MEDICAL OFFICE. 407 • Common Council Minutes Cont'd. December. 19, 1983 Page 5 • 1 Councilman Welch moved to suspend the rules and read Ordinance. No. 77-1983 II/ 2 on second reading, seconded by Councilman Elstro and on unanimous voice 3 vote the motion was carried. 4 • 5 The Clerk read on second reading Ordinance No. 77-1983. 6 7 . President Mills announced Ordinance: No. 77-1983 i.s on public hearing. 8 Speaking for the Plan Commission was Dan Dooley, noting they voted 9-0 9 to recommend this Ordinance to Council , with two conditions in- Section 3. 10 11 - Also speaking for this ordinance was. Attorney Ron.'Cross ,`208` North 8th 12 Street, representing Dr. & Mrs. 'James Burkhart , who are seeking to pur- 13 chase this property from the petitioners . The use of the property will 14 be for a medical office. 15 16 'Councilman Elstro moved for engrossment of Ordinance No. 77-1983, 17 seconded by Councilman Williams and on unanimous voice vote the motion 18 was carried. 19. • 20 Councilman Welch moved to suspend. the rules and read Ordinance No. 77‘.1983 21 on third and final reading by title only, seconded by Councilman Parker 22 and on unanimous voice vote the motion was carried. 23 24 The Clerk read on third reading by title only Ordinance No. 77 -1983. 25 26 Ordinance No.. 77-1983.was adopted by the following vote: 111 27 AYES: Elstro, Williams,,':Hehry, Hankinson , . 28 Welch, Parker, Carter, Paust, Mills (9) 29 . NOES : None (0) 30 ' 31 ORDINANCE NO. 78-1983. • 32 . 33 The- Clerk read on first reading by title only Ordinance No. 78-1983 - AN • 34. ORDINANCE "AUTHORIZING THE. CITY-OF. RICHMOND-, INDIANA, TO ISSUE TTS "CITY 35 OF 'RICHMOND ECONOMIC DEVELOPMENT BONDS, SERIES. 1983 (KENCO MANUFACTURING 36 INC. PROJECT)" , LOAN THE PROCEEDS THEREOF TO KENCO MANUFACTURING, INC. 37 AND APPROVING AND AUTHORIZING OTHER ACTIONS IN RESPECT THERETO. .. 38 . 39 Councilman Welch moved- to suspend the rules and read Ordinance No. 78-1983 40 on second reading, seconded by Councilman Paust and on -unanimous voice 41 vote the motion was carried . 42 • • ' 43 President Mills announced Ordinance No. 78-1983 is on public hearing. 44 Speaking for this : Ordinance, was Attorney Gayle Gardner, 304' Peoples 45 Building, representing .KENCO. - He pointed 'out an amendment to the ordi - 46 nance from one (1) $550,000 bond to two (2) $275 ,000 bonds . This was 47 approved by the Economic Development Commission today. 48 49 Councilman Hankinson moved to so amend the ordinance, seconded by Council- 50 man Welch and on unanimous voice vote the motion was carried. 51 52 Councilman Elstro moved for engrossment of Amended Ordinance No. 78-1983 53 seconded by Councilman Carter and on unanimous voice vote the motion was 54 carried. 55 56 Councilman Welch moved to suspend- the rules and read Amended- Ordinance 57 No. 78-1983 on third and final reading by title only, seconded by 58 'Councilman Elstro and on unanimous voice vote the motion was carried. 59 60 The Clerk read on third and final reading by title only Amended 61 Ordinance No. 78-1983. 4°° Common Council Minutes Cont'd. December 19, 1983 Page 6 1 Amended Ordinance No. 78-1983 was adopted by the following vote: 2 AYES: Elstro, Williams, Henry, Hankinson, 3 Welch , Parker, Carter, Paust, Mills (9) 4 NOES : None (0) 5 6 ORDINANCES ON. 2ND READING 7 8 The Clerk read on second reading Ordinance No. 56-1983 - AN ORDINANCE 9 AMENDING CHAPTER 154 OF THE MUNICIPAL CODE, BEING ORDINANCE NO. 2325- 10 1968, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF RICHMOND, 11 INDIANA. 12 13 Representing the Plan Department, Dan. Dooley noted Council has received 14 an amended copy of this ordinance as amended by the Plan Commission 15 They voted 9-0 to recommend the amended ordinance to this Council . 16 17 Councilman Welch moved to amend Ordinance No. . 56- 1983, seconded by 18 Councilman Paust and on unanimous voice vote the motion was carried. 19 20 Councilwoman Henry sponsored this ordinance and explained the purpose 21 is to stop perpetual garage sales which could be legally defined as 22 businesses. It is meant to protect residential property owner's value. 23 24 In response to who will enforce this Ordinance, Mr. Dooley stated the 25 Planning office will . 26 27 Councilman Welch moved for engrossment of Amended Ordinance No . 56-1983, 28 seconded by Councilman Paust and on unanimous voice vote the motion was 11/ 29 carried. 30 31 Councilman Welch moved to suspend the rules and read Amended Ordinance 32 No. 56-1983 ont third and final reading by title only, seconded by 33 Councilman Parker and on unanimous voice vote the motion was carried. 34 35 The Clerk read on third and final reading by title only Amended 36 Ordinance No. 56-1983. • 37 38 Amended Ordinance No. 56-1983 was adopted by the following vote : 39 AYES: Elstro , Williams , Henry, Hankinson, 40 Welch, Parker, Carter, Paust, Mills (9) 41 NOES: None (0) 42 43 ADJOURNMENT 44 . 45 There being no further business on motion duly made , seconded and 46 passed the meeting was adjourned. 47 48 Kenneth Mills 49 President 50 5.1 ATTEST: JoEllen Trimble 52 City Clerk