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Home My Public Portal About08-02-1982 • PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA, AUGUST 2, 1982 1 The Common Council of the City of Richmond, Indiana, met in regular 2 session August 2, 1982 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 • 6 following business was had, to-wit: 7 8 DEVOTIONS 9 10 Councilman Paust gave devotions. 11 12 APPROVAL OF MINUTES OF PREVIOUS MEETING 13 14 Councilman Hankinson moved the minutes of the previous meeting be ap- 15 H proved as received, seconded by Councilman Welch. and .on unanimous voice 16 vote the motion was ,carried. 17 . 18 PETITION 19 20 Councilman Hankinson presented a petition to the Street Light Committee 21 for lighting on South "C" east of Garwood Road. 22 23 RESOLUTIONS • 24 25 President Mills announced Resolution No. 6-1982 will also be on to- 26 night's agenda. 27 28 Councilman. Welch moved- to suspend the rules and-read Resolution Nos. 29 5-1982 ,and•..6-1982 by. title- only, secondeduby .Councilman-Williams and 30 on unanimous voice vote the motion was carried. 31 32 RESOLUTION NO. 5-1982. 33 34 The Clerk read by title only Resolution No. 5-1982 .- RESOLUTION AUTHOR- 35 IZING THE FILING OF AN APPLICATION FOR.A GRANT UNDER SECTION 18 OF THE 36 URBAN MASS TRANSPORTATION ACT OF 1964, AS NEEDED. 37 • 38 President Mills announced Resolution No.. .5-1982 is on public hearing. 39 Speaking for. this Resolution was City Plan Director Bob.Goodwin stating 40 I Section 18 of the Urban Mass Transportation Act is that act which refunds 41 to the City a certain portion of the expenses for our mass transportation 42 . program,. Net expenses anticipated for next year are $244,770. .The re- 43 quest for.reimbursement. to the federal government will be $182,385, 44 state government $81,589.92, leaving the local deficit $40,795.08. 45 46 Councilman Welch moved for adoption, seconded by Councilman Parker and 47 on unanimous voice vote the motion was carried. 48 . 49 RESOLUTION NO. . 6-1982 50 51 The Clerk read by title only Resolution No. 6-1982 - A RESOLUTION FIXING 52 EARLIER DATES FOR PUBLIC HEARINGS ON THE 1983 BUDGET FOR THE CITY OF • 53 RICHMOND. 54 55. President Mills stated he requested this Resolution to change the dates 56 for passage of the budget. 57 • . 58 Councilman Welch moved for adoption of Resolution. No. 6-1982, seconded 59 by Councilman Hankinson and on unanimous voice vote the motion was 60 carried. 61 • 62 BOARD OF. PUBLIC WORKS & SAFETY REPORT 63 64 Councilman Parker reported, a complaint regarding junk automobiles and 248 Common Council Minutes Cont'd. August 2, 1982 Page 2 1 junk trailers at the northeast corner of S. W. 9th and "A". In response 2 to a question concerning hours of the ice cream truck and his music, 3 Councilman Parker was told there are no restrictions on this. 4 5 REPORT OF CITY DEPARTMENTS 6 7 City Controller Don Meredith noted the Budget Ordinance states form 4-A 8 and 4-B make up a part of that ordinance. Form 4-A deals with expendi- 9 tures o.f the various departments in the four (4) major categories and 10 was attached to the Ordinance. Form 4-B, which is the sixteen (16) line 11 statement was not included; however, it is at the front of the budget 12 book. Mr. Meredith explained the various lines in the budget book. 13 14 MISCELLANEOUS BUSINESS 15 16 Councilman Williams read portions of a letter from Mr. Tony Buccella, 17 International Rep for IBEW, AFL-CIO. Mr. Buccella wanted to know where 18 Council stood even though Council has no jurisdiction regarding labor 19 practices in the area. 20 21 Councilman Williams stated he is for organized labor, but he does not 22 - believe in getting involved with those who do nothing to help themselves. 23 There is nothing wrong with organized labor, but there is something wrong 24 with some of those who represent labor. Labor should sit down with 25 management. 26 27 In response to Councilman Elstro's inquiry.concerning.paving of streets 28 twelve inches (12") from curbs through the sewer separation project, City 29 . Engineer George Webb stated the subcontractor on the pavement did not 30 get the exact information from the general contractor as to the details 31 of the change order. As was pointed out by Mr. Van Wie of Clark-Dietz 32 Engineers, the specs call for one foot (1 ') from the curb feathered out 33 to one-half inch (2") , which has not been done. The engineer has in- 34 strutted the general contractor to correct the work. Mr. Webb will 35 follow up on this. 36 - 37 ORDINANCES ON 1ST READING 38 39 Councilman Welch moved to suspend the rules and read Ordinance Nos. .25-: 40 1982, 31-1982 and 32-1982 on first reading by title only, seconded by 41 Councilman Williams and on unanimous voice vote the motion was carried. 42 43 AMENDED ORDINANCE NO. 25-1982 44 45 The Clerk read on first reading by title only Amended Ordinance No. .2-5- 46 1982 - AN ORDINANCE TO ANNEX TO THE CITY OF RICHMOND, INDIANA, CERTAIN 47 CONTIGUOUS TERRITORY ADJACENT AND ABUTTING THERETO, DESCRIBING THE SAME, 48 PROVIDING FOR THE PUBLICATION THEREOF, AND FIXING THE TIME WHEN THE SAME 49 SHALL TAKE EFFECT. 50. • 51 Chairman of the Committee of the. Whole Larry Parker reported the Commit- 52 tee met on July 26 and received a legal opinion from Mr. Anderson that 53 . the annexation was to be involuntary. 54 55 President Mills noted all the "whereas" clauses in the original ordinance 56 'should be stricken. 57 58 Councilman Welch moved to amend Ordinance No. 25-1982 to drop the 59 whereases in the original presented ordinance, seconded by Councilman 60 Elstro and on unanimous voice vote the motion was carried. 61 • 62 Councilman Welch moved to suspend the rules and read Amended:. Ordinance 63 25-1982 on second reading, seconded by Councilman Williams and on 64 unanimous voice vote the motion was carried. • 249 • • Common Council Minutes- Cont'd. August 2, 1982 Page 3 1 The Clerk read on second reading Amended Ordinance No. 25-1982. 2 3 President Mills announced Amended Ordinance No. 25-1982 is on public 11/ 4 hearing.-. Speaking for this Ordinance was City Plan Director Bob Goodwin. 5 6 Councilman Elstro moved for engrossment of Amended Ordinance No. 25- 7 1982, seconded by Councilman Welch. The motion carried-with Councilman 8 . Carter voting no. - ' 9 10 Councilman Welch moved to suspend the rules and read Amended Ordinance 11 No. 25-1982 on third and final reading by' title only, seconded by 12 Councilman Elstro and on a call of the roll the following was recorded: 13 Ayes: Elstro, Williams, Ms. Henry, Hankinson, Welch, Parker, Paust and 14 Mills. Noes: Carter. The vote being- eight (8) to one (1) . 15 16 ORDINANCE NO. 31-1982 17 18 The Clerk read on first reading by title only Ordinance No. 31-1982 - . 19 • AN ORDINANCE AMENDING ARTICLES 13 AND 48 OF CHAPTER 154 OF THE MUNICIPAL 20 CODE, BEING ORDINANCE NO. 2325-1968, COMMONLY KNOWN AS THE ZONING. 21 ORDINANCE OF THE CITY OF RICHMOND, INDIANA, PROVIDING FOR THE CREATION 22 ' OF A ZONING CLASSIFICATION TO BE DESIGNATED AS THE SPECIAL .USE DISTRICT. 23 24 . Councilman Welch moved to suspend the rules and read Ordinance No. 31- 25 1982 on second reading, seconded by Councilman Hankinson and on unani- 26 mous voice vote the'motion was carried. ; F 'The Clerk read on second reading Ordinance:No.-_31-1982. - Speaking for this Ordinance was City Plan Director Bob Goodwin noting • 31 several years ago an effort was-made'to-:amend the zoning ordinance per- 32 mitting special uses to go before the Board of Zoning Appeals.;. so it 33 would be handled as a judiciary function. Council voted- down: that 34 ordinance. The Plan Department has been trying to find some way special 35 uses could come- through the Plan Commission for an advisory recommendation 36 to the Council only, passage by Council of all special use requests. .37 This ordinance should' accomplish. that. If this Ordinance is passed, 38 in the future when a special use ordinance is. passed the effect of that 39 passage would be to. amend the official zoning maps. The underlying 40 zoning for the particular district remains the same; however, if a 41 special use.is granted, the map will. reflect the underlying zoning which 42 may be residential, through Council's action residential special use 43 and whatever that special 'use is. This will be a legislative function. 44 45 President Mills announced Ordinance No. 31-1982 .is on public hearing. 46 There being„no one speaking' for or' against_this Ordinance, Councilman 47 Welch moved for engrossment, seconded by Councilman Elstro and on 48 • ' unanimous voice vote the motion.-was _carried. 49 50 Councilman Welch moved to suspend .the rules and read Ordinance No. 31- 51 1982 con third and final reading by title only, seconded by Councilman 52 Elstro and on unanimous voice vote the motion was carried. 53 54 The Clerk read on third reading by title only Ordinance No. 31-1982. 55 56 Ordinance No. 31-1982 was adopted by the following vote: 57 AYES: Bistro, Williams, Henry, Hankinson, 58 Welch, Parker, Carter, Paust, Mills (9) 59 NOES: None (0) 60 61 ORDINANCE NO. 32-1982 62 63 The Clerk read on first reading by title only Ordinance No. 32-1982 - 64 ' AN ORDINANCE FOR APPROPRIATIONS AND TAX RATES. 250 Common Council. Minutes Cont'd. August 2, 1982 Page 4 1 President .Mills::announced the Budget Ordinance is referred to the Com- 2 mittee of the Whole. 3 • 4 Committee of the Whole Chairman Larry Parker reported the Committee will 5 meet with Department Heads August 9 and August 10 for budget review • 6 hearings from 6:30 p.m. to 9:00 p.m. in the Board -of Works Room. 7 8 ORDINANCES ON 2ND READING 9 ORDINANCE NO. 26-1982 10 . 1 11 The Clerk read on second reading Ordinance No. 26-1982 - AN ORDINANCE 12 AMENDING -CHAPTERS 153 AND 154 OF THE -MUNICIPAL CODE, AND ADDING A NEW 13 CHAPTER 53 TO THE MUNICIPAL CODE, PROVIDING FOR STANDARDS AND REQUIRE- 14 MENTS RELATIVE TO FLOOD PLAIN MANAGEMENT. 15 16 Committee of the Whole Chairman Larry Parker reported the Committee met 17 on July 26 to discuss Ordinance No. 26-1982 with the Planning Staff, who 18 explained that if Council did not pass this Ordinance, the actions of the 19 citizens living in this area will be governed by the State. 20 • 21 Plan Director Bob Goodwin noted this Ordinance basically includes what is - 22 in State statutes. If the Ordinance is not passed, the residents of the 23 flood plain area will have to go to Indianapolis to get permits. Also, 24 if the Ordinance is passed the residents can qualify for a subsidized 25 - insurance rate for flood hazard insurance and loans and the City would 26 'be able to get flood hazard insurance for building in the area. 27 28 President Mills announced Ordinance No. 26-1982 is on public hearing. 29 There being no one speaking for or against this Ordinance, Councilman - Ill 30 Welch moved for engrossment, seconded by Councilman Elstro and on 31 unanimous voice vote the motion was carried. 32 . . . 33 Councilman'Welch moved to suspend the rules and read Ordinance No. 26- 34 1982 on third and final reading by title only, seconded by Councilman 35 Williams and on unanimous voice vote the motion was carried. 36 ' 37 The Clerk read on third reading by title only Ordinance No, 26-1982. 38 39 Ordinance No. 26-1982 was adopted. by the following vote: 40 AYES: - Elstro., Williams, Henry, Hankinson, 41 Welch, Parker, Carter, Paust, Mills (9) 42 NOES: None (0) 43 44 UNFINISHED BUSINESS 45 • 46 President Mills- read State statutes concerning Council powers in setting . • 47 of salaries, noting Council may reduce but not increase compensation 48 • fixed by the Executive; elected officials salaries may request an in- 49 crease in pay each year; and fixing of police and fire salaries. • 50' . _ - 51 ADJOURNMENT 52 046 53 There being no further business on motion duly made, seconded and - 54 passed the meeting was adjourned. LI!55 56 Kenneth Mills 57 President 58 • - • • 59 ATTEST: JoEllen Trimble • 60 City Clerk