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HomeMy Public PortalAbout06-20-1983 • • + a • PROCEEDINGS OF THE COMMON COUNCIL OF. THE CITY OF RICHMOND,,. INDIANA,. JUNE 20, 1983' 1 The Common Council: of .the City.. ofARichmond, ,Indiana, met in regular II/ 2 sess:ion .June 20,: 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. memb.ers.-.present: Messrs. Elstro, Williams, Ms. Henry, 5 Hankinson, Welch, Parker, Carter and Paust. The following business was 6 had,., to-wit.: 7 8 DEVOTIONS - • 9 10 Councilman Elstro gave ,devotions.. .. 11. .• 12 APPROVAL OF MINUTES OF JUNE 6, 19.83 13 • , . 14 Councilman Hankinson moved to approve the minutes as published, seconded 15 by Councilman Welch and on unanimous voice vote the motion_ was carried. 16 17 CHANGE DATE OF COUNCIL: MEETING-.. 18 19 President Mills announced the next: regularly scheduled meeting should be 20 changed from .July 4. Councilman Hankinson moved the meeting date be 21 changed to July 5th, seconded by Councilman Welch and on unanimous voice 22 vote the motion was carried. 23 24 RESOLUTIONS 25 26 Councilman Welch moved. .to read Resolution Nos. 11-1983 and 12-1983 by III27 title only, seconded by .Councilman Carter and on unanimous voice vote • 28 the motion was carried, 29 30 RESOLUTION NO. 111-1983 31 , 32 The Clerk read by- title only Resolution No... L1-1983 - A RESOLUTION OF THE 33 . CITY OF RICHMOND TO INDUCE .ROBERT L. GABBARD ON BEHALF OF HIMSELF, OR ANY 34 OTHER.CORPORATION. OR PARTNERSHIP 'TO BE FORMED OF WHICH ROBERT L. GABBARD 35. WILL BE A GENERAL .PARTNER OR'PRINCIPAL SHAREHOLDER, HEREINAFTER COLLECT- 36 IVELY REFERRED-.TO AS.,."APPLICANT" TO ACQUIRE AN ECONOMIC DEVELOPMENT FACILITY 37 AND MAKE..NECESSARY MODIFICATIONS AND IMPROVEMENTS THERETO AND ACQUIRE CERTAIN 38 FIXTURES,. FURNITURE, CHATTELS AND EQUIPMENT AND TO UNDERTAKE TO SELL AND 39 , DELIVER REVENUE BONDS TO PAY THE COSTS THEREOF, AND OTHER MATTERS RELATING 40 THERETO. . 41 42 Andrew Cecere, attorney, 101 South 10th Street, spoke on behalf of. the ' 43 economic development bonds to be used to renovate the Leland Hotel. Also 44, present were Mr. .Gabbard, Phillip Shay, engineer, and an investor. Mr. 45 Cecere said the Economic Development Commission held a public hearing 46 'at 11.:00 a.m. this morning and there were no objections. The Economic 47 Development Commission found no adverse competitive effect. 48 • . - 49 In discussion of the redevelopment area, Mr. Cecere stated it is his 50 feeling that every time anybody wants. an exception to the retail or 51 service rule, we want them to go to Council and they can make the de- li52 cesion. City Attorney Ed Anderson concurred with Mr. •Cecere. 53 54 Councilman Welch moved for adoption of Resolution No. 11-1983, seconded 55 by Councilman Paust and on unanimous voice vote the motion was carried. 56 57 RESOLUTION NO. • 12-1983 58 ' . . . . • 59 The Clerk .read by title only Resolution No. 12-1983 - A RESOLUTION. OF THE 60 CITY OF RICHMOND .TO..INDUCE BEVERLY ENTERPRISES, A CALIFORNIA CORPORATION, 61 OR ONE 0F. ITS SUBSIDIARIES ('.'APPLICANT") TO EITHER ACQUIRE, CONSTRUCT OR 62 EQUIP AN ECONOMIC DEVELOPMENT FACILITY AND TO UNDERTAKE TO SELL AND DELIVER 63 REVENUE BONDS TO PAY THE COSTS THEREOF, AND OTHER MATTERS RELATING THERETO. 38 Common Council Minutes Cont'd. June 20, 1983 - Page 2 • 1 Attorney Andrew Cecere, 101 South 10th Street, representing Beverly 2 Enterprises, distributed, to Council a replacement for Exhibit "B" of 3 the Resolution.. ..The original Exhibit "B" had stated that Beverly -En- 4 terprises 'hadobtained a "Certificate of Need". He explained to 5 Council that a certificate had been obtained by Golden Rule Nursing 6 Home which they have signed over to Beverly Enterprises. - 7 8 Councilman Elstro moved Exhibit "B" be approved, seconded by Councilman 9 Williams and on unanimous voice vote the motion was approved. 10 11 Mr. Frank:Bradley, a representative of Beverly Enterprises, was present. 12 13 Councilman Elstro moved Resolution No. 12-19.83 be adopted, seconded by 14 • Councilman Paust and on unanimous voice vote the motion was carried. 15 16 ORDINANCES ON 1ST READING 17 18 Councilman Welch moved to suspend the rules and read Ordinance Nos. 19 28-1983, 29-1.983, 30-1983 and 31-1983 on first reading by title only, 20 seconded by. Councilman Elstro and on unanimous voice vote the motion 21 was carried. ' 22 23 • ORDINANCE NO. 28-1983 24 25 The Clerk read on first reading by title only Ordinance No. 28-1983 - AN 26 ORDINANCE AMENDING,TITLE III, ADMINISTRATION OF THE MUNICIPAL CODE OF 27 THE CITY OF'-RICHMOND, :INDIANA',-•:ESTABLISHING EXECUTIVE_DEPARTMENTS 'AND 28 ADMINISTRATIVE PROVISIONS. 29 30 . President Mills announced this ordinance would go to the Committee of 31 the Whole. Councilman Parker, Chairman, set July 11, 1983 at- 7 :00 p.m. 32 in the Board of Works room for the committee meeting. 33 - 34 , ORDINANCE NO. 29-1983 • 35 36 The Clerk read on first reading by title only Ordinance No. 29-1983 - AN 37 ORDINANCE OF THE CITY OF RICHMOND, INDIANA, AUTHORIZING THE CONSENT OF 38 - THE CITY TO THE REMOVAL FROM THE PROJECT SITE OF CERTAIN MACHINERY AND • 39 EQUIPMENT,. A PART OF THE FINANCING AGREEMENT UNDER WHICH RICHMOND ECO- 40 NOMIC DEVELOPMENT BONDS, SERIES A AND B (EIIPCO REALTY) WERE ISSUED 41 AND SOLD. 42 • - 43 . Councilman Welch moved to suspend the rules and read Ordinance No. 29- 44 1983 on second reading, seconded by Councilman Parker and on unanimous ' 45 voice vote the motion was carried. 46 • . 47 The Clerk read on second reading Ordinance No. 29-1983. 48 • 49 President Mills announced Ordinance No. 29-1983 is on public hearing. • 50 Speaking for Ordinance No. 29-1983 was Attorney Andrew Cecere, 101 51 South- 10 Street, who stated that in 1980, Staco was built and bonds 52 were issued. The loan agreement is between the-City and EIIPCO. _EIIPCO 53 Realty subleased the building. and land to Staco, and EIIPCO leased the 54 equipment bought from sale of bonds to Staco. Staco has since moved to 55 Illinois and this ordinance is for consent to remove the machinery and 56 equipment from Staco to Illinois. There is- $88,000 still owed 'on the bonds. 57 58 Mr. Robert Heindl, 1st National Bank vice president and senior trust 59 officer, 501 Pine Tree Lane, appeared to state they are current in 60 their payments. 61 62 Councilman Paust moved-for engrossment of Ordinance No. 29-1983, 63 seconded by Councilman Williams and on unanimous voice vote the motion 64 was carried. elo Common Council Minutes Cont'd. June 20, 1.983 • Page 3 1 Councilman Williams moved to suspend. the- rules and read Ordinance No. 29- 2 1983 on third and final reading by. title.. only; seconded by. Councilman 3 Welch and on unanimous voice vote II/ the motion was carried. 4 _. 5 The Clerk -read on third and final reading by title only Ordinance No. 6 29-1983. 7 8 Ordinance No. 29-1983 was 'adopted' by. the,following vote: . 9 AYES: Elstro, Williams.,, Henry, Hankinson 10 Welch, Parker, Carter, Paust, Mills (9) 11 NOES: None (0) 12 . 13 ORDINANCE NO. 30-1983 14 15 . The Clerk read on first reading by title only Ordinance No. 30-1983 - AN- - 16 ORDINANCE TO TRANSFER WITHIN THE GENERAL FUND. 17 18 Councilman Welch moved to suspend :the -rules and read Ordinance No. 30-1983 19 on second reading, . seconded by Councilman Paust and on unanimous .voice 20 vote the motion was carried. 21 22 The Clerk read on second reading Ordinance No. 30-1983. 23 24 President Mills announced. Ordinance No. 30-1983 is on. public hearing. 25 There being no one speaking for or against this ordinance, Councilman 26 Welch moved for engrossment of Ordinance No.-30-1983, seconded by 27 Councilman Paust and on unanimous voice vote the motion was carried. 28 . 29 President. Mills stated the ordinance will _be back in a couple of .weeks. 30 31 ORDINANCE NO. 31-1983 32 .. . _ - 33 ' The Clerk read on first reading by. title. only Ordinance No. 31-1983 - 34 AN ORDINANCE' TO APPROPRIATE WITHIN THE PUBLIC TRANSIT FUND. 35 . . 36 President Mills announced Ordinance No.:,31-1983 has to be advertised. 37 . 38 ORDINANCES ON 2ND READING 39 :ORDINANCE NO. -22-1983 40 41 . City Attorney Ed Anderson examined proof of_publication for Ordinances 42 Nos. 22-1983 and 23-1983 and-found' it. to be in -order. . Councilman Welch 43 moved-the proof be-accepted' and-filed, seconded by- Councilman Elstro 44 and on unanimous voice'vote the motion was, carried. 45 ' 46 The Clerk read on second reading by title only Ordinance No.' 22-1983 - 47 AN ORDINANCE TO APPROPRIATE FROM THE FEDERAL REVENUE SHARING TRUST FUND. 48 49 _ President Mills announced Ordinance.No. 2271983 is on public hearing. 50 51 ' -Councilman Carter moved to delete $6,000 from the Board of Works Personal 52 - Services request, seconded by Councilman Elstro. On a call of the roll, 53 the motion was defeated by the following: . . 54 AYES: Elstro, Carter (2) 55 NOES: Williams, Henry-., Hankinson, Welch, 56 - Parker, : Paust, Mills (7) 57 58 Councilman Williams moved to strike the Public Transit request for 59 $22,000. , seconded by Councilman Parker and on unanimous voice vote 60 the motion was carried. 61 . .. . . 62 Councilman Welch moved to amend the-total on the ordinance to $618,048. , 63 seconded by:-Councilman Williams and on unanimous. voice vote. the motion 64 was carried. . , - Common Council Minutes Cont'd. June 20, 1983 Page 4 1 Annabelle Davis.,' 2520 W. Main, appeared to protest fire department 2 vehicles going to the ball game. 3 4 Fire Chief Mullin responded that the firemen have had a softball team 5 for a; couple years. Their relationship- is much better, they are radio 6 equipped and are in service at all times. 7 8 Councilman Welch moved for engrossment of Amended Ordinance No. 22-1983, 9 seconded by Councilman Hankinson and on unanimous voice vote the motion 10 was carried. - 11 12 Councilman Welch moved to suspend the rules and read Amended Ordinance 13 No. 22-1983 on third and final reading by title only, seconded by 14 Councilman Hankinson and on unanimous voice vote the motion was carried. 15- 16 The Clerk read on third and final reading by title only Ordinance No. 17 22-1983. 18 19 Ordinance No. 22-1983 was adopted by the following vote: 20 AYES: Elstro, Williams, Henry, Hankinson, 21 Welch, Parker, Carter, Paust, Mills (9) 22 NOES: None . (0) 23 24 ORDINANCE, NO. 23-1983 25 26 The Clerk read on second reading Ordinance No. 23-1983 - AN ORDINANCE 27 TO APPROPRIATE FROM THE LOCAL ROAD AND STREET FUND. 28 29 President Mills announced Ordinance No. 23-1983 is on public hearing. 30 31 Street Department Superintendent Bill Davis presented a list of pro- 32 posed streets to be paved, noting that there will be insufficient funds 33 . for the complete list this year. 34 35 . Councilman Hankinson moved f.or engrossment of Ordinance No. 23--1983., 36 seconded by Councilman Welch and on unanimous voice vote the motion 37 was carried. 38 39 Councilman Welch moved to suspend the rules and read Ordinance No.. 23- 40 1983 on third and final reading by title only, seconded by Councilman 41 Parker and on unanimous voice vote the motion was carried. 42 43 The Clerk read on third and final reading by- title only Ordinance No. 44 23-1983. 45 46 Ordinance No. 23-1983 was adopted by the following vote;. 47 AYES: Elstro, Williams, Henry, .Hankinson; 48 Welch, Parker, Carter, Paust, Mills (9) 49 NOES: None (0) 50 51 President Mills read the following letter from C. Michael Pitts, Legis- 52 lative Director of the Indiana Association of Cities & Towns to the 53 Honorable Janet L. Hibner, State Representative. 54 55 While we did not achieve our number one goal, the IACT did have 56 a number of other accomplishments during the past session of the 57 . Indiana General Assembly. I would like to take this opportunity 58 to thank you for your assistance and leadership on important city 59 and town issues during the 1983 session. 60 61 We especially appreciate your authorship and leadership in ob- 62 taining passage of HEA 1074. This legislation provides new 63 procedures for elections in towns under 3,000 and was a top 64 priority matter for us this session. It would not be law, and Common Council Minutes Cont'd. June 20, 1983 Page 5 1 therefore"not in. place for this year's municipal elections, 2 ... were it not for your hard work. We also appreciate your co- 3 authorship of HEA .1166 which .improves the local option wheel 4 and excise surtaxes. 5 6 Although HB .1394 ultimately did not pass, I would be remiss 7 if I did. not thank you for your support and vote in favor 8 of this important local government funding alternatives 9 measure. Since it is likely that similar legislation will 10 be considered by the 1984. General Assembly we hope to have 11 your continued support. 12 . 13 ADJOURNMENT 14 15 There being no further business on motion duly madeo .seconded and .16 passed the meeting was adjourned. 17 > 18 Kenneth Mills 19 President 20 21 ATTEST: Nancy V. Beach 22 Deputy Clerk 342