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HomeMy Public PortalAbout11-16-1981 PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA, NOVEMBER 16, 1981 1 The Common Council of the City of Richmond, Indiana, met in regular 2 session November 16, 1981 at the hour of 7 :30 p.m. in the Council Chambers 3 in the Myinicipal Building in said City. President Mills presided with 4 the following members present: Messrs. Elstro, Williams, Ahaus, 5 Hankinson, Welch, Parker, Carter and Paust. Absent: None. The following 6 business was had, to-wit: 7 8 EXCUSES FOR PREVIOUS ABSENCES 9 10 Councilman Hankinson stated he was absent from the previous meeting due 11 to health. 12 13 APPROVAL OF MINUTES OF NOVEMBER 2, 1981 14 15 Councilman Williams moved to approve the minutes of the previous meeting 16 as prepared, seconded by Councilman Welch and on unanimous voice vote 17 the motion was carried. 18 19 \ PRESENTING OF PETITIONS, MEMORIALS AND RESOLUTIONS 20 21 President Mills announced he has received a petition from citizens 22 concerning the rezoning of Warner School which he will record when 23 Ordinance No. 71-1981 is removed from the table. 24 25 RESOLUTIONS 26 27 Councilman Welch moved to suspend the rules and read Resolution Nos. 28 18-1981 and 19-1981 -:by title only, seconded by Councilman Ahaus and 29 on unanimous voice vote the motion was carried. 30 -. 31 RESOLUTION NO. 18-1981 32 33 The Clerk read by title only Resolution No. 18-1981 - A RESOLUTION TO 34 TRANSFER WITHIN THEMUNICIPAL AIRPORT FUND. 35 36 Explaining this Resolution was City Clerk JoEllen Trimble. 37 . 38 Councilman Ahaus moved for adoption of Resolution No. 18-1981, seconded 39 by Councilman Hankinson and on unanimous voice vote the motion was 40 carried. 41 42 RESOLUTION NO. 19-1981 - 43 - - 44 The Clerk read by title only Resolution No. 19-1981 - A RESOLUTION 45 AUTHORIZING THE CITY TO ENTER INTO -A _:GROUND LEASE WITH THE HOSPITAL 46 AUTHORITY OF THE CITY OF RICHMOND, INDIANA. 47 48 Speaking for this Resolution was Attorney George Reller, R. R. 2, 49 Richmond, representing Reid Hospital. He noted in 1972 Reid Hospital 50 entered into a bond issue and, in order for the income from those bonds 51 to be tax exempt, the Hospital had to agree that when the bonds were 52 paid off the title to the Hospital property would have to pass to the 53 City. The Hospital at that time executed a deed for 22 acres, which was 54 placed in escro with the Trustee. In November of 1980 Council created 55 the Richmond Hospital Authority. Early next year the Hospital Authority 56 will sell bonds for an expansion program. The dead in escro will pass 57 to the City. This Resolution is to authorize the City, as owner, to 58 enter into a ground lease, and the Hospital Authority, as lessee, will 59 then lease the real estate to the Hospital and the revenue from the 60 Hospital will make the payments to pay off the bonds. 61 - 62 Councilman Paust moved for adoption of Resolution No. 19-1981, seconded 63 by Councilman Welch and on unanimous voice vote the motion was carried. 174 Council Minutes Cont'd. November 16, 1981 Page 2 1 COMMENTS FROM THE PRESIDENT 2 3 President Mills welcomed students from Richmond and Centerville High 4 Schools government classes. 5 6 MISCELLANEOUS BUSINESS. 7 8 President Mills announced Council members received notice of their 9 appointment to the Police Merit Commission in the category of Labor 10 Relations. The name of Mr. Gene Kovach, personnel at Alcoa, has been 11 suggested. Council should be thinking of any other names they wish 12 to submit. 13 - 14 ORDINANCES ON 1ST READING 15 16 Councilman Welch moved to suspend the rules and read Ordinance Nos. 17 83-1981, 84=71981, 85-1981 on first reading by title only, seconded 18 by Councilman Parker and on unanimous voice vote the motion was carried. 19 20 ORDINANCE NO. 83-1981 21 22 The Clerk read on first reading by title only Ordinance No. 83-1981 - 23 AN ORDINANCE TO TRANSFER WITHIN THE FIRE PENSION FUND. 24 25 Councilman Welch moved to suspend the rules and read Ordinance No. 26 83-1981 on second reading, seconded by Councilman Hankinson and on 27 unanimous voice vote the motion was carried. 28 29 The Clerk read on second reading Ordinance No. 83-1981. 30 _ 31 President Mills announced Ordinance No. 83-1981 is on public hearing. 32 Explaining this Ordinance was City Clerk JoEllen Trimble. 33 34 Councilman Carter moved for engrossment of Ordinance No. 83-1981, 35 seconded by Councilman Welch and on unanimous voice vote the motion 36 was carried. 37 38 Councilman Welch moved to suspend the rules and read Ordinance No. 83- 39 1981 on third and final reading by title only, seconded by Councilman 40 Parker and on unanimous voice vote the motion was carried. 41 42 The Clerk read on third reading by title only Ordinance No. 83-1981. 43 44 Ordinance No. 83-1981 was adopted by the following vote : 45 AYES: Elstro, Williams, Ahaus, Hankinson, 46 Welch, Parker, Carter, Paust, Mills (9) 47 NOES: None (0) 48 49 ORDINANCE NO. 84-1981 50 51 The Clerk read on first reading by title only Ordinance No. 84-1981 - 52 AN ORDINANCE AMENDING CHAPTER 154 OF THE MUNICIPAL CODE AND ARTICLE 22 53 OF ORDINANCE NO. 2325-1968, COMMONLY KNOWN AS THE ZONING ORDINANCE FOR 54 THE CITY OF RICHMOND, WAYNE COUNTY, INDIANA. 55 56 President Mills announced Ordinance No. 84-1981 is referred to the 57 Plan Commission. 58 59 ORDINANCE NO. 85-1981 60 61 The Clerk read on first reading by title only Ordinance No. 85-1981 - 62 AN ORDINANCE AMENDING CHAPTER 154 OF THE MUNICIPAL CODE, BEING ORDINANCE. 63 NO. 2325-1968, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF 64 RICHMOND, INDIANA ADOPTED JUNE 3, 1968, PROVIDING FOR THE REZONING OF 1:15 Council Minutes Cont'd. November 16, 1981 Page 3 1 PROPERTY LOCATED AT 530 NORTHWEST "M" STREET FROM M-2 GENERAL INDUSTRIAL 2 DISTRICT TO C-4 GENERAL BUSINESS DISTRICT. 3 4 Councilman Welch moved to suspend the rules and read Ordinance No. 85- 5 1981 on second reading, seconded by Councilman Parker and on unanimous 6 voice vote the motion was carried. 7 8 The Clerk read on second reading Ordinance No. 85-1981. 9 10 President Mills announced Ordinance No. 85-1981 is on public hearing. 11 Plan Director Bob Goodwin, 2019 South "A", announced the recommendation 12 from the Plan Commission is 7-0 in favor of approval. 13 14 Councilman Ahaus moved for engrossment of Ordinance No. 85-1981, 15 seconded by Councilman Hankinson and on unanimous voice vote the motion 16 was carried. 17 18 _ . Councilman Ahaus moved to suspend the rules and read Ordinance No. 85- 19 1981 on third and final reading by title only, seconded by Councilman 20 Parker and on unanimous voice vote the motion was carried. 21 22 The Clerk read on third reading by title only Ordinance No. 85-1981. 23 24 Ordinance No. 85-1981 was adopted by the following vote: 25 AYES; Elstro, Williams, Ahaus, Hankinson, 26 Welch, Parker, Carter, Paust, Mills _ (9) 27 NOES: None - (0) 28 29 ORDINANCES ON 2ND READING 30 31 The Clerk read on second reading Ordinance No. 54-1981 - AN ORDINANCE 32 OF THE CITY OF RICHMOND, INDIANA REGULATING .THE USE OF PUBLIC AND 33 PRIVATE SEWERS AND APPURTENANCES, AND DISCHARGE OF WATER AND WASTES 34 INTO THE PUBLIC SEWER SYSTEM AND THE INSTALLATION AND CONNECTION OF 35 BUILDING SEWERS, AND PROVIDING FOR INSPECTION AND CONSTRUCTION THEREOF 36 AND PROVIDING PENALTIES FOR THE_VIOLATION OF SECTIONS THEREOF. 37 - 38 Chairman of the Committee of the Whole Rick Ahaus stated his committee 39 met last Monday with employees of the Sanitary Board and other interested 40 persons" including industry. There are a series of amendments and all 41 Councilmen have a copy of the Amended version with one additional 42 modification. On page 16, Article VIII Section 801 the words "and is" 43 , should be deleted from the second line. 44 45 .Chairman Ahaus moved Ordinance No. 54-1981 be amended per the new 46 ordinance as amended and per the statement concerning paragraph 801, 47 seconded by Councilman Parker and on unanimous voice vote the motion 48 was carried. 49 50 President Mills announced Amended Ordinance No. 54-1981 is on public 51 hearing. There being no one speaking for or against this Ordinance, 52 Councilman Hankinson moved for engrossment, seconded by Councilman 53 Elstro and on unanimous voice vote the motion was carried. 54 - 55 Councilman Welch moved to suspend the rules and read Amended Ordinance 56 No. 54-1981 on third and final reading by title only, seconded by 57 Councilman Williams and on unanimous voice vote the motion was carried. 58 59 The Clerk read on third reading by title only Amended Ordinance 60 No. 54-1981. 61 " 62 Councilman Ahaus stated that someone had requested a "timetable" when 63 this would go into effect; also, for Ordinance No. 49-1981. 176 Council Minutes Cont'd. November 16, 1981 Page 4 1 John Helmich, 8 So. 27th, projected a. three.,(3) month period which would 2 probably be in effect around February or March. 3 4 Amended Ordinance No. 54-1981 was adopted by the following vote : 5 AYES: Elstro, Williams, Ahaus, Hankinson, - 6 Welch, Parker, Carter, Paust, Mills - (9) 7 NOES: None (0) 8 9 ORDINANCE NO. 81-1981 10 11 The Clerk read on second reading Ordinance No. 81-1981 - AN ORDINANCE 12 - TO APPROPRIATE WITHIN THE-GENERAL .FUND. 13 14 City Attorney Ed Anderson examined the proof of publication and found 15 it in order. 16 17 Councilman Welch moved the proof be accepted and filed, seconded by 18 Councilman Paust and on unanimous voice vote the motion was carried. 19 - 20 President Mills announced Ordinance No. 81-1981 is on public hearing. 21 City Clerk JoEllen Trimble explained Ordinance No. 81-1981. Councilman 22 Welch moved for engrossment, seconded by Councilman Parker and on 23 unanimous voice vote the motion was carried. 24 25 Councilman Welch moved to suspend the rules ,and read Ordinance No. 81- 26 1981 on third and final reading by title only, seconded by Councilman 27 Hankinson and on unanimous voice vote the motion was carried. 28 29 The Clerk read on third and final reading by title only Ordinance 30 No. 81-1981. 31 32 Ordinance No. 81-1981 was adopted by the following vote: 33 AYES: Elstro, Williams, Ahaus, Hankinson, - 34 Welch, Parker, Carter, Paust, Mills (9) 35 NOES: None (0) 36 37 ORDINANCES ON 3RD READING 38 AMENDED ORDINANCE NO. 49-1981 39 40 Councilman Welch moved to suspend the rules and read Amended Ordinance 41 Ordinance No. 49-1981 on third and final reading by title only, seconded 42 by Councilman Parker and on unanimous voice vote the motion was carried. 43 44 The Clerk read Amended Ordinance No. 49-1981 on third and final reading, 45 and also read one of the amendments to Council._ 46 47 Amended Ordinance No. 49-1981 was adopted by the following vote: 48 AYES: Williams, Ahaus, Hankinson, Welch, Parker, Paust, Mills (7) 49 NOES: Elstro, Carter (2) 50 51 TABLED ORDINANCES 52 e 53 Councilman Welch moved to bring tabled Ordinance No. 71-1981 off the 54 table, seconded by Councilman Hankinson and on unanimous voice vote 55 the motion was carried. 56 - 57 The Clerk read Ordinance No. 71-1981 - AN ORDINANCE AMENDING CHAPTER 154 58 OF THE MUNICIPAL CODE, BEING ORDINANCE NO. 2325-1968, COMMONLY KNOWN AS 59 THE ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA ADOPTED JUNE 3, 1968, 60 PROVIDING FOR THE REZONING OF PROPERTY LOCATED AT 302 NORTH 7TH STREET 61 FROM R-4 MULTI-FAMILY .RESIDENCE DISTRICT TO M-1 LIGHT' INDUSTRIAL DISTRICT. 62 _ 63 President Mills announced the Ordinance is on second reading and on 64 public hearing. He read a petition containing approximately sixty (60) 1 77 Council Minutes Cont'd. November 16, 1981 Page 5 1 names which had been presented to Council in opposition to the School 2 Bus facilities. Speaking for Ordinance No. 71-1981 was Mr. Ron Cross, 3 2 North 8th, counsel for the petitioners. Also speaking in favor was 4 Mr. Johnny Martin, Director of Building and Grounds for Richmond High 5 School. Mr. Bob Goodwin read the notice sent by the Plan Commission.. 6 7 Councilman Hankinson requested to be excused from voting because of 8 a conflict of interest. The request was denied by President Mills, 9 who stated that a unanimous vote was required and he intended to 10 vote nay. 11 - 12 Speaking for Ordinance No. 71-1981 was Dr. William Christopher, who 13 introduced the members of the School Board who were in attendance. 14 Also speaking for Ordinance No. 71-1981 was Plan Director Bob Goodwin 15 explaining a traffic study requested by Council had not been conducted 16 due to rerouting due to the sewer separation project. 17 . . 18 Speaking against Ordinance No. 71-1981 was Mr. Robert Sharp, 2333 19 South "E", who had entered the petition against the rezoning. 20 21 Councilman Elstro moved to engross Ordinance • No. 71-1981, seconded 22 by Councilman Welch and on unanimous voice vote the motion was carried. 23 24 Councilman Welch moved to suspend the rules and read Ordinance No. 71- 25 1981 on third and final reading by title only, seconded by Councilman 26 Elstro. On a discussion of the number of votes to,pass..this Ordinance. 27 President Mills said a majority was required: On a voice vote, 28 Councilman Paust voted no. President Mills announced Ordinance No. 71- 29 1981 would remain on third reading until the next meeting. 30 _ 31 ADJOURNMENT 32 33 There being no further business on motion duly made, seconded and 34 passed the meeting was adjourned. 35 36 Kenneth Mills 37 President 38 39 ATTEST: JoEllen Trimble 40 City Clerk