HomeMy Public PortalAbout03-01-1982 205
PROCEEDINGS OF THE COMMON COUNCIL OF THE
CITY OF RICHMOND, INDIANA, MARCH 1, 1982
1 The Common. Council of the City of Richmond, Indiana, met in regular
III 2 session March 1, .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: Elstro, Williams., .Ahaus., Hankinson,
5 Welch, Parker, Carter .and Paust. Absent: None. The following ' ,
6 business was had, to-wit:
7
8 - DEVOTIONS -
9
10 Devotions were given by Councilman -Parker.
11
12 APPROVAL OF MINUTES OF FEBRUARY 16, 1982
13
14 Councilman Hankinson moved to approve the minutes of the previous
15 meeting as prepared, seconded by Councilman Paust and on unanimous
• 16. voice vote the motion was carried:
17 -
18 BOARD OF WORKS REPORT •
19
20 - In response to a query from Councilman Elstro at the last meeting,
21 City Engineer George Webb reported that the Gas Company will replace
22 the line: with a plastic line on South 15th between "B" and "C".
23
24 REMINDER OF MEETING
25
26 Councilman Parker reminded the Council of the Committee of the Whole
III 27 meeting to be held March :8 at 7:00 p.m.
28
29 RESIGNATI.ON
30 -
31 Councilman Ahaus read the following letter announcing his resignation
•
32 effective March 16, 1982: . _ . .
33
34 March 1, 1982
35
36 Ken Mills, President
37 Richmond City Council . . ..
• 38 City Building
39 - ••'r Richmond-, -:IN 47374. - • .: •
40
41 Dear President Mills, , •
42 .. _
43 As previously indicated, my family and I have made the
44 decision to move outside the city limits of Richmond.
45 Since the move is rapidly approaching, lam writing to
. 46 resign my Third District Council seat. My resignation
47 will be effective March 16, 1982.
48 - . • -
49 It is with mixed emotions that .I submit this letter.
50 • Emotions of excitement and high expectation prevail as
III 51 • our family moves. to an extremely old home in .the country.
52 I regret that I am leaving the Third. District Council seat
53 midway in its term. I normally like to. finish whatever
54 I start. • . .
55 . . • - .. . . - .
56 , Being a city councilman•has been an exciting .time in my
57 life. To say the .least, the past six years have been
58 highly challenging. City council can be very time ,
59 consuming, sometimes thankless, but always challenging.
60 I hope that at least in some small way I have made an
61 impact on some aspect of our city whether at Richmond
62 Power and Light or in representing the citizens of the
63 Third District in Richmond's Common Council.
206
Common Council Minutes Cont'd.
March 1, 1982 -
Page 2
1 So it is, Mr Mills that I resign my position and make
2 way for my successor who will, I am sure do his or her •
- 3 best to represent the third district and strive to
4 make Richmond, Indiana a great place to' live.
5
6 For the opportunity to serve,
7
8 Yours,
9 •
10 /s/ ,Rick Ahaus
11 Councilman, Third District
12
13 President Mills remarked that, speaking .for the Council, Mr. Ahaus is a
14 fine councilman and a fine gentleman and will be hard to replace.
15 •
16 ORDINANCES ON 1ST READING
17
18 Councilman Welch moved to suspend the rules and read on first reading
19 by title only Ordinance Nos. 10, 11 and 12-1982, seconded by Councilman u
20 Parker and on unanimous voice vote the motion was carried.
21 -
22 ORDINANCE NO. 10-1982
. 23 •
24 The Clerk read on first reading by title only Ordinance No. 10-1982 -
25 AN ORDINANCE ADOPTING BUILDING CODES AND REGULATIONS BY REFERENCE.
26
27 Councilman Welch moved to suspend the rules and read Ordinance No. 10-1982
28 on second reading, seconded by Councilman Williams and on unanimous
29 • voice vote the motion was carried.
30
31 The Clerk read on second reading Ordinance No. 10-1982.
32
33 Explaining this Ordinance was City Attorney Ed Anderson, stating that
34 by Ordinance 7-1981, you have already adopted a lot of these .codes but
35 they are outdated and the Administrative Building Council updates their
36 issue and this will bring our code up to date.
37
38 President Mills announced Ordinance No. 10-1982 -is on public hearing.
39 There being no -one speaking. for .or, against the ordinance, Councilman
40 Hankinson moved for engrossment, seconded by Councilman Ahaus and on
41 unanimous voice vote the motion was carried.
42
43 Councilman Williams moved to suspend-the rules and read Ordinance
44 No. 10-1982 on third and final reading by title only, seconded by
45 Councilman-Welch and on unanimous voice vote the motion-was carried.
46
47 The Clerk read on third reading by title only Ordinance No. 10-1982.
48
49 Ordinance' No. 10-1982 was adopted by the following vote:
50 AYES: Elstro, Williams, Ahaus, Hankinson,
51 Welch, Parker, Carter, Paust, Mills (9)
52 NOES: None • (0)
53 -
54 ORDINANCE NO. 11-1982
55
56 The Clerk read on first reading by title only Ordinance No.. 11-1982 -
57 AN ORDINANCE AUTHORIZING REPEAL- OF ORDINANCE NO. 7-1981.
58 -
59 - Councilman Welch moved to suspend the rules and read Ordinance No. 11-1982
60 on. second reading, seconded by. Councilman. Hankinson and on unanimous
61 voice vote the motion was carried.
62
63 The Clerk read on second reading Ordinance No. 11-1982.
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Common Council Minutes Cont'd.
. March 1, 1982 .
Page 3
1 President Mills announced Ordinance-No:. 11-1982 is on public hearing.
2 There being no one speaking for or against Ordinance No.. 11-1982,
III 3 - Councilman Hankinson moved for 'engrossment, seconded by Councilman
4 Welch and on unanimous voice vote the motion was carried.
5 .
6 Councilman Welch moved to suspend the rules -and .read Ordinance
• 7 No. 11-1982 on third and .final. reading by title only, seconded by
8 Councilman Parker' and on unanimous voice vote the motion was carried.
. 9 .
10 The Clerk read on third reading by -title only -Ordinance No'. 11-1982.
11
12 Ordinance..No.:. 11-1982 was .adopted 'by-the following vote:
13 AYES: Elstro, Williams, Ahaus, Hankinson,. -
14 Welch, Parker, Carter, Paust and Mills - (9)
15 . ' NOES: ' None • (0)
16
17 ORDINANCE NO. 12-1982
18 - . . • ' •
19 The Clerk.read on .first reading by.title only Ordinance No. 12-1982 -
20 , AN ORDINANCE OF THE CITY OF RICHMOND, AUTHORIZING THE EXECUTION AND
21 DELIVERY OF- A POWER SALES CONTRACT AND CAPACITY PURCHASE AGREEMENT . '
22 BY AND BETWEEN THE CITY OF RICHMOND-AND THE INDIANA MUNICIPAL POWER
23 . AGENCY, .AND OTHER MATTERS CONNECTED -THEREWITH.
24 .
25 , - President Mills announced Ordinance No. 12-1982 will be on public
26 • hearing March 15th. .
III 27
28 ORDINANCES .ON-3RD READING . . • : :
29 • :. ' - -
30 Councilman Welch moved:to.suspend_therules -and read Ordinance No. 6-1982
31 on third and final reading by title- only-, seconded by,: Councilman
32 Parker and on unanimous voice 'vote the motion was carried.
33 -_
34 The Clerk read on third_.reading by title only Ordinance: No. 6-1982 -
35 AN ORDINANCE VACATING CERTAIN-PUBLIC WAYS WITHIN. THE--CITY OF RICHMOND,
36 INDIANA, BEING THAT PORTION OF SOUTHWEST 1ST STREET -LOCATED BETWEEN .
' 37 SOUTHWEST "D" AND'_SOUTHWEST: "E" STREETS AND ALSO BEING ALL PUBLIC WAYS
38 LYING' IN THE TERRITORY GENERALLY_BOUNDED BY.' SOUTHWEST 1ST STREET, '
39 SOUTHWEST "D" STREET, WHITEWATER:BOULEVARD AND SOUTHWEST -"E" STREET.
40
41 In response to a. request from Councilman Elstro at the previous
42 meeting, Capt. Dan Wogoman reported that it is impossible at this
43 time to foresee what traffic problems may arise from the new facilities.
44 There will be new traffic created in the future.` He thinks at some
45 point in the future, probably 1st: or .2nd Street will be closed or
46 - be'one-way streets and perhaps parking will be: remoJed.
47 .. . , - _._
48 City Clerk JoEllen Trimble. read the following_ re-ply from Attorney
49 Ron Cross to Orville Allen, Manager- of, the Richmond Water Works,
50 responding to a letter from Mr. Allen read at the last meeting:
51 -
• 52 ' February 18, 1982 _ .
III 53 '
54 Mr. Orville Allen
55 Richmond Water Works Corp .
56 • , 500 East Main Street` : - .
57 . Richmond,. IN ' 47374
58 .. .
59 - RE: RICHMOND COMMUNITY SCHOOLS PROPOSED VACATION OF
60 - -SOUTHWEST 1st- STREET . ' -
61 : : : . -. -.• : :
62 Deat Mr. 'Allen:, : :-, _._ - , .. .
63
64 ' As' you: may be aware, :this office •is counsel for .the:Richmond
208
•
Common Council Minutes Cont'd.
March 1, 1982 -
Page 4
1 Community Schools, .who is_petitioning for the vacation of Southwest
2 1st Street b.etween..Southwest D and E Streets -in-.that part of-the
3 City of Richmond between the High School and former Joseph Moore
4 • Elementary School- sites. - .. .
5 •
6 At the meeting of the Richmond City Council on February 16, 1982.,
• 7 a letter from your office was read into the record which caused
8 me much concern and;• in all honesty, extreme frustration. '•Inas-
9 much as I was not provided with a copy of the letter, I am having
10 to rely upon my recollection .of its contents as the same was read
11 at the Council meeting. The points contained in your letter
-12 which caused me particular -concern involved the assertion that the
' 13 Richmond CommunitySchools had.not .contacted the Water Works in
• 14 advance of filing ,its petition and your request that action on
15 the petition be delayed until "detailed plans" could:be made for
16 the relocation of utility services. . The effect of your letter
17 was, in part, to result in an additional two week delay .on. this
18 project. 'As a practical matter, I do not believe that the two
19 week delay will have any significant negative .impact upon the
20 overall project. I.t will, of. course, tend to further compress _
21, . an already tight -construction schedule that is geared -toward receipt
22 of students in the new facilities for the Fall of 1983. -
23 .
24 With all due respect, it would appear that your request for
25 "detailed.-.plans" as .to .utility relocation would "put the cart
26 before the horse." As has been evident to all concerned parties
27 involved in this- matter; the Richmond Community Schools is most
28 aware of the utility services in the area. Indeed, I personally
29 went out of my way to contact all utilities before the petition
30 was even filed in an attempt to avoid just such delaying com-
31 plications 'as those evidenced' by your letter. Included herewith
32 you will. find-a copy of my correspondence of December 4, 1981
33 that was sent to all affected utilities. In my prior conversations
34 with Mr. Ruble I was made aware .of the six inch water. main that
35 exists -on- Southwest 1st Street- Indeed, Exhibit B of our petition
36 specifically recognizes the fact that..that main would have-to be
37 relocated at the expense of the petitioner (Richmond Community
38 Schools). I received virtually no response from your office to
39 my letter of December' 4, 1981. Furthermore, this petition pro-
40 ceeded through two public hearings (February 1, 1982 at Common-
41 Council and February 2, 1982 before the Richmond City Plan
42 Commission) whereat your :office -was' totally silent as to any of
43 the concerns expressed in your.•letter:---- •
44
45 I have provided, for your convenience, -a copy of the relevant
46 statutes wherein the.rights of affected public- entities are
47 protected through the course of a vacation proceeding. Indeed,
48 it is our intention as we enter the-detailed line drawing stage
, 49 of the architectural•development in this project to closely
50 involve your engineers with our- engineers and architects and •
51 reach a mutually agreeable plan for the relocation of utility
52 services, affecting the Water Works Corporation and all other
53 utilities. However, now is not the time to develop such - - .
54 detailed plans. To address those issues in the conceptual
55 . design stage of the project as we are now in is to, as I
56 suggest above, put the "cart ahead of the horse".
57 •
58 .I have contacted Mr. John Martin. who was in receipt.of a -letter,
59 . from your office bearing date of February, 3, 1982 that was
60 received by the Richmond Community Schools- on February 12, 1982.
61 In that letter, your engineer requested an opportunity to dis-
62 cuss our project and its effect upon your utility services.
63 Please rest assured that your engineers will be provided that
64 opportunity and that we will proceed to closely involve your
209
Common Council Minutes Cont'd.
March 1, 1982
Page 5
1 office as we proceed in sequential fashion through the
2 normal phases of such a project. -
3
4 Thanking you for your continued cooperation, we are,
5
6 Very truly yours,
7
8 /s/ Ronald L. Cross
9
10 RELLER, MENDENHALL, KLEINKNECHT & MILLIGAN
11
12 Ordinance No. 6-1982 was adopted by the following vote:
13 AYES: -Williams, Ahaus, Hankinson, Welch, Parker, Carter, Paust (7)
14 NOES: Elstro,. .Mills (2)
15
16 ADJOURNMENT •
17
18 There being no further business on motion duly made, seconded and
19 passed the meeting was adjourned.
20
21 Kenneth Mills
22 President
23
24 ATTEST: JoEllen Trimble
25 City Clerk
210