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