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Home My Public Portal About07-05-1983 • • PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA, JULY 5, 1983 1 The Common Council_of. the City of Richmond, Indiana, met in regular 2 session July. 5, 1983 at the hour of 7 :30 p.m. in the Council Chambers 3 in the Municipal Building in said City. • President Mills presided with 4 the following members present: Messrs. Elstro, Williams, Ms. Henry, 5 Hankinson., Welch, Parker, Carter and Paust. Absent: None. The following 6 business was had, to-wit: 7 8 APPROVAL OF MINUTES OF JUNE 20, 1983 9 r � 10 Councilman Hankinson moved the minutes of the previous meeting be approved 11 as published, seconded by Councilman Welch and on unanimous voice vote 12 the motion was carried. 13 14 RESOLUTIONS 15 16 Councilman Welch moved to suspend the rules and read Resolution No. -13- 17 1983 by title only, seconded by Councilman Elstro and on unanimous voice 18 vote the motion was carried. 19 20 The Clerk read by..title only Resolution No.. 13-1983 - A RESOLUTION AMENDING 21 RESOLUTION.NO.. 2-1981, A RESOLUTION OF THE CITY OF RICHMOND TO. INDUCE 22 CARDON III, INC. TO CONS.TRUCT.AND ERECT A NEW BUILDING TO BE ATTACHED TO 23 AN EXISTING .BUILDING WHICH WILL BE .RENOVATED, REMODELED AND SUBSTANTIALLY 24 IMPROVED; TO ACQUIRE NEW AND ADDITIONAL. EQUIPMENT. AND FURNITURE; TO REMOVE 25 OR RAZE BUILDINGS NOT UTILIZED FOR THE ACCOMODATION OF PATIENTS AND TO 26 PAVE ITS PARKING AREA AND IMPROVE THE GROUND OF. ITS HEALTH. FACILITY, AND . 27 .TO UNDERTAKE TO SELL .AND-DELIVER REVENUE BONDS TO PAY THE COSTS THEREOF, 28 -AND OTHER MATTERS RELATING THERETO. 29 30 President Mills noted .thereis an error on the last page of Exhibit A 31 attached to. the resolution. The. date •should be changed from January 1.4, 32 1983 to January 14, 1981 and council has a replacement for this sheet. 33 He requested a motion amending this. • 34 35 Councilman Elstro so moved, seconded by Councilman Welch and on unanimous 36 voice vote the motion was carried. 37 • 38 President Mills announced Resolution No. 13-1983. is on public hearing. - 39 Speaking for this Resolution was Attorney Andrew Cecere,. .101 South 10th • 40 Street, representing Cardon III., A resolution was passed for this faci- . 41 lity in January bf 1981. Since that time, there are changes in the .plans. 42 The facility will be larger with more beds, more employees; larger pay- 43 . roll and they are requesting more financing. This applicant has 21 • 44 additional .comprehensive beds that have been:.approved by the Indiana. 45 State Board .of Health as the designated planning agency for the purposes 46 of Section 1122 of.the Social Security Act, which determines there is no. 47 adverse competitive effect on existing facilities of the same nature. 48 The request was executed by the Economic Development Commission this 49 morning. Mr. Carroll Moore, 9245 E. Woodview, Bloomington, -IN, the 50 principal owner of Cardon III Was present. It was noted. the plans for III51 the addition have been approved by the Health .Facilities Council. 52 53 Councilman Elstro moved for -adoption, ' seconded by Councilman.Paust and 54 on a call-of. the roll the Resolution was adopted: 55 AYES: Elstro, Williams, Henry, Hankinson, 56 - Welch, Parker, Carter,. Paust, Mills (9) • 57 NOES: None (0) 58 59 ANNOUNCEMENT BY PRESIDENT MILLS 60 • 61 President Mills announced SWAC. House is observing its 10th anniversary. 62 on Friday, July ,8 from 10:00 a.m. to 2.:OO. p.m. - Lunch will be served 63 at 11:30 a.m. and all Council members are invited to attend. 344. Common Council Minutes Cont'd. - July 5, 1983 Page 2 1 COMMUNICATION FROM THE MAYOR 2 3 Mayor Clifford Dickman announced. City Engineer George Webb has been 4 named Facilities Engineer at the Richmond Sanitary District plant 5 . starting.today. A replacement for Mr. Webb will be named in the near 6 future. Mr. Webb will remain on the Board of. Works and the new engi- 7 neer will.serve on the Board of Sanitary Commissioners. - 8 9 REPORT FROM THE BOARD OF WORKS 10 • 11 Councilman Elstro pointed out another area where there is a problem 12 with the water meter for a residence being on one .street and the house 13 located on another some distance away. The meter is located on South 14 7th and the home is approximately 150' away on "P". He requested:some 15 one contact the Water Company to see why' they can't bring the service 16 closer to the property. Mr. Anderson stated he would review the 17 situation. 18 19 Councilman Parker questioned•why Cable TV was out on the 4th of July. 20 It was noted the problem was caused by a storm. He stated the councilmen 21 get call after call and they have no control over it. He requested Cable - 22 call the radio station to notify the public of. the problem, or have a 23 recording saying Cable TV is out. Mr: Meredith will contact Mrs. 24 . St.igleman to let her know. • 25 • 26 REPORT FROM CITY DEPARTMENTS 27 . 28 Clerk J6Ellen Trimble reminded Council of the meeting. of the .Committee 29 of the Whole on July 11 at 7:00 in the Board of Works :Room to study the 11/ 30 Home Rule Ordinance. 31 32 MISCELLANEOUS BUSINESS 33 34 . Councilman Williams noted the overpass on North "F" has trees and weeds 35 growing on the steps. Building Commissioner Charles Roberts contacted 36 the State Highway. and they said they were not going to cut it. He 37 stated if something isn't' done, the trees will be growing up on the 38 bridge. Director of Transportation Bill Davis stated he will investigate • 39 the situation. 40 41 Councilman Williams requested the amount of money paid to Attorney Bob 42 .Hudson, bo-th..as salary and contractual, by the- Sanitary -District., Mr,. 43 Anderson stated this will be discussed at the Committee of the Whole 44 next week. Councilman Elstro requested in writing what was paid Mr. 45 Hudson in 1982 and so far this year from' the Sanitary, Airport and any- 46 thing else from the Civil City. Mr. Anderson will have this information 47 next Monday. 48 • 49 ORDINANCES ON 1ST READING 50 51 Councilman Welch moved to suspend the rules and read Ordinance Nos. 32- 52 1983 and 33-1983 on first reading by title only, seconded by Councilman 53 Elstro and, on unanimous voice vote the motion was carried. 54 - 55 ORDINANCE NO. 32-1983 . 56 . 57 The Clerk read on first reading by title only Ordinance No. 32-1983 - 58 AN ORDINANCE AMENDING ARTICLE 33.031 OF CHAPTER' 154 OF THE MUNICIPAL 59 CODE, BEING ORDINANCE NO. 2325-1968, COMMONLY KNOWN AS THE ZONING ORDI- 60 .NANCE OF THE CITY OF RICHMOND„ INDIANA, ADOPTED JUNE 3, 1968. 61 • . 62 . Councilman Welch moved to suspend the rules and read Ordinance No. 32- • 63 1983 on second reading, seconded by Councilman Elstro and on unanimous 64 voice vote the motion was carried. Common Council Minutes Cont'd. July 5, 1983 • . Page 3 - 1 The Clerk read on second reading Ordinance No. 32-1983. 2 3 President Mills-.announced Ordinance No. 32-1983 is on public hearing. 11/ 4 .Speaking fo.r-this ordinance was. Deputy Director of Planning. Dan Dooley, 5 noting the Plan Commission voted .8 to 0 in. favor of recommending passage. 6 7 Councilman Welch moved for engrossment-of Ordinance No. .32-1983, seconded 8 by Councilman Paust and on unanimous voice vote the motion was carried. 9 . 10 Councilman Welch moved to suspend .the rules and read Ordinance No. 32-1983 11 on third and final reading by title only, seconded by Councilman Parker . 12 and on unanimous voice- vote the motion was •carried. . 13 14 . The Clerk..,read on third. reading .by: title only Ordinance.No. 32-1983. 15 . 16 Ordinance No. 32-1983 was adopted by the following vote: - . 17 AYES:..Elstro, Williams, Henry, Hankinson, 18 Welch,, Parker, Carter, Paust, Mills (9) 19 NOES: None (0) 20 _.. 21 ORDINANCE NO. 33-1983 ' 22 . . 23 The Clerk read on first reading .by title only Ordinance No. .33-1983 - 24 AN.ORDINANCE AMEND.ING.CHAPTER. 154 OF THE -MUNICIPAL CODE,. BEING ORDINANCE 25 NO. ..2325-1968., COMMONLY -KNOWN AS THE ZONING. ORDINANCE OF THE CITY OF 26 RICHMOND, INDIANA, ADOPTED JUNE 3, 1968, PROVIDING"FOR THE REZONING OF 27 PROPERTY LOCATED' AT 105 AND 109 NORTH 5TH STREET, 69, .73,75, 77, 79, 95 II28 AND 97. FORT..WAYNE AVENUE; 106, 126,':'130 AND 214 NORTH 6TH STREET; AND 29. 508, 518 AND 520 NORTH "A" STREET FROM R-3 ONE-TO-EIGHT FAMILY RESIDENCE 30 DISTRICT AND C-3 'CENTRAL BUSINESS DISTRICT TO .C-4: GENERAL BUSINESS DISTRICT. 31 . . 32 Councilman Welch moved to suspend the rules and read Ordinance No: 33- ' 33 1983 on second reading, seconded by Councilman Elstro and on unanimous 34 voice -vote-the motion was carried. 35 - . 36 The:Clerk read on. second reading Ordinance :No. 33-1983. 37 . ' r:Lo• - . 38 President Mills-Jannounced Ordinance No. 33-1983 is on public hearing. 39 Speaking for this ordinance was Deputy Director of Planning Dan'Dooley, 40 • noting that. this area was requested to be rezoned by- at --least -50% of the 41 property owners and the Plan Commission voted 8-0 that this ordinance be 42 • . adopted. He noted two property owners oppose-the rezoning. Also speaking 43 • for this ordinance was Mr. Frank Otto; 2300 Chester Blvd. , representing 7 44 of the petitioners, who own 75% of..the land. He noted Mr. George Waltenburg 45 wants to put a sign shop in .the vacant Hamilton-Harris building on North 46 6th Street. - 47 '' ' 48 'Speaking against ,Ordinance No'. 33-1983 was Mr. Jim Hartig, 1114 South "B" 49 Street, who stated he was .representing 5 other property: owners. He re- 50 stores houses and is in"the process of buying one in the area and also is - 51 restoring one across the street from the area. - -He stated he agrees that ' - 52 the building Mr. Waltenburg-_is' buying' should 'be rezoned. He would- like II53 to see this, area of Ft.. Wayne 'Avenue restored' similar to Old Richmond. - If 54 ' this area is zoned for business and the 'houses are torn down, all the 55 houses across' the street would be looking into a business lot. He'-would 56 -like the zoning to 'stop at the alley. Also speaking-against this ordi- 57 nance was Ms. Gertrude. Ward, P.O. Box 14, Centerville, who owns property 58 at'73 Ft. Wayne Avenue. She stated that, if the area is .rezoned C-4, it ' , 59 ' will lose-its chance to be- fixed up and there is a need for. low income 60 houses close to the center of the city. • The petitioners have not shown 61 • ' a hardship to..themselves.' 62 63 • Councilman Welch .moved for engrossment of Ordinance Noe 33-1983, seconded . 64 by Councilman Elstro and on unanimous voice vote the motion was carried. r 34E6 . • Common Council Minutes Cont'd. July 5, 1983 Page 4 1 Councilman Welch moved to suspend- the rules and. read Ordinance No. 33- 2 1983 on third and final reading by• title only, seconded by Councilman 3 .Elstro and on unanimous voice vote the motion `was carried. 4 . . • 5 The Clerk read -on third reading by title only Ordinance No. 33-1983. 6 7 , Ordinance No. 33-193 was adopted by the following vote: 8 AYES: Elstro, Henry, .Hankinson, Welch, • 9 Parker, Carter, Paust, Mills (8) ' 10 NOES: Williams (0) 11 - 12 ORDINANCES ON 2ND -READING 13 14 ORDINANCE NO. 26-1983 15 16 The Clerk read on second reading Ordinance No. 26-1983 - AN ORDINANCE: 17 AMENDING CHAPTER 154 OF THE .MUNICIPAL CODE, BEING. ORDINANCE ,NO. .2335-1968, 18 COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA, 19 PROVIDING FOR THE REZONING 'OF TWO SEPARATE AREAS., AREA 1 BEING GENERALLY 20 BOUNDED BY. SOUTH "A" STREET, SOUTH 20TH STREET, SOUTH "B" STREET AND 21 SOUTH 1.7TH STREET; AND, AREA 2BEIING-.GENERALLY BOUNDED BY SOUTH "C". STREET, 22 SOUTH 16TH..STREET, SOUTH "E" STREET AND THE ALLEY BETWEEN SOUTH 15TH AND 23 .16TH STREETS-FROM R-3 ONE-TO-EIGHT. FAMILY RESIDENCE DISTRICT TO R-2 24 . SINGLE.,FAMILY RESIDENCE DISTRICT. 25 • 26 President Mills announced Ordinance_ No. 26=1983 is- on public. hearing. 27 - . .Speaking 'for .this ordinance was Deputy Plan. Director Dan..Dooley, noting 28 ' "the .Plan.Commission voted 8 -0 that this ordinance be adopted. Also, _ 29 speaking for this ordinance was Councilwoman Henry noting. the reason for . 30 the ordinance is to stop multi-family dwellings in this area. 31 • - 32 Councilman Hankinson moved .for engrossment of Ordinance No. .26-1.983, 33 . • -seconded by Councilman Welch and- on unanimous voice vote the motion was 34 carried. • - 35 . . 36 .Councilman Welch moved to suspend the rules and read' Ordinance -No. 26- 37 . . . '1983 on third and final reading by title only, seconded by Councilman 38 -Carter and on unanimous voice vote the'motion was carried. 39 40 The Clerk read on third and final reading by title only Ordinance No. 41 26-1983. 42 • .-. . 43 .Ordinance No. 26-1983 was adopted by the following vote: - 44 -. AYES: Elstro, Williams, Henry, Hankinson, 45 Welch, Parker, Carter, Paust, Mills (9) _ 46 NOES: None (0) 47 : 48 ORDINANCE NO. 30-1983 - 49 :n t: 50 ,The Clerk read on second reading Ordinance No. 30-1983 - AN ORDINANCE 51 .TO TRANSFER WITHIN THE GENERAL. FUND. 52 • 53 President Mills announced Ordinance. No. 30-1983 is on-public hearing. 54 . Explaining this ordinance was City Controller Don Meredith noting the 55 transfer is to purchase supplies, one of which was the 5-part purchase 56 orders, checks and cardboard file 'boxes for storage. 57 58 Councilman Welch moved for engrossment of Ordinance No. 30-1983, seconded 59 by Councilman Hankinson and on unanimous voice vote the motion was carried. 60 . 61 Councilman Williams 'moved to suspend the rules and read Ordinance No. 30- 62 1983 on third and final reading by title only, seconded by Councilman 63 ' Welch and on unanimous .voice. vote the motion was carried. • 347 • Common Council .Minutes Cont'd. July 5, 1983 Page 5 • 1 The Clerk read on third and final reading by-title only Ordinance No. 2 30-1983. 3 - 4 Ordinance No.. 30�1983 was adopted. -by the following vote: 5 AYES: Elstro, Williams, Henry, Hankinson, 6 Welch,. Parker, Carter, Paust, Mills (9) ` 7 NOES: None (0) • 8 . • • 9 ORDINANCE. NO. 31-1983 10 • 11 The Clerk read on second. reading Ordinance.No. 31-1983 -. AN ORDINANCE L2 TO APPROPRIATE WITHIN THE PUBLIC TRANSIT FUND, 13 • 14 City Attorney Ed- Anderson examined proof of publication and found- it to 15 be in order.. Councilman Welch moved the proof be accepted and filed, 16 seconded by Councilman Elstro and on unanimous voice vote the motion. 17 was carried. 18 19 President Mills announced Ordinance No. 31-1983 is on public. hearing. - 20 Explaining this ordinance was City Controller Don'Meredith. 21 . 22 Councilman Williams moved for engrossment of Ordinance No.- -3.1-1983, 23 seconded. by Councilman Welch and on unanimous voice vote the motion 24 . was carried. 25 • 26 Councilman Williams moved to suspend the-rules and read Ordinance No, 27 31-1983 on third and final reading by- title only, seconded.by.'Councilman 28 Welch and on unanimous voice vote the motion was carried. _ _ • 29 .. • 30 The Clerk read on third and final reading by title only Ordinance 31 . No. 31-1983. . - 32 - 33 Ordinance No. 31-1983 was adopted by the following vote: 34 AYES: Elstro„ Williams, .Henry, Hankinson,, 35 Welch, Parker; Carter, Paust, Mills (9) 36 NOES: None (0) 37 - ' 38 ADJOURNMENT 39 . 40 - There being no further business on motion duly made, seconded and 41 passed the meeting was adjourned. 42 - . 43 - Kenneth Mills 44 - • President 45 • 46 ATTEST: JoEllen Trimble 47 City Clerk 348 - „ „