HomeMy Public PortalAbout08-17-1981 135
PROCEEDINGS OF THE COMMON COUNCIL OF THE
CITY OF RICHMOND, INDIANA, AUGUST 17, 1981
1 The Common Council of the City of Richmond, Indiana, met in regular
2 session August 17, 1981 at the hour of 7:00 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, Ahaus,
5 Hankinson, Welch, Parker, Carter and Paust. Absent: None. The
6 following business was had, to-wit: .
7
8 DEVOTIONS
9
10 Councilman Williams gave devotions.
11
12 APPROVAL OF MINUTES OF AUGUST 3, 1981.
13
L4 Councilman Williams moved to approve the minutes of the previous
15- meeting as prepared, seconded by Councilman Welch and on unanimous
16 voice vote the motion was carried.
17
18 RESOLUTION NO. 13-1981
19
20 Councilman Welch moved to suspend the rules and read Resolution No. 13-
21 1981 by title only, seconded by Councilman Parker and on unanimous
22 voice vote the motion was carried.
23
24 The Clerk read by title only Resolution No. 13-1981 - A RESOLUTION
25 AUTHORIZING AND APPROVING THE SALE OF CERTAIN IMPROVED REAL ESTATE
26 IN THE CITY OF RICHMOND, INDIANA, for the use and benefit of its
111 27 - Department of Community Development.
28
29 Director of Community Development Tim Ryder stated the property
30 requested to be sold in this resolution is located at 838 North 12th
31 Street. Community Development purchased the property and rehabili-
32 tated it, then listed it for sale. Purchase price is $12,000 with
33 a $200 down payment, balance due at the end of twelve (12) months
34 with a 13% interest rate. Monthly payments will be $149.30 per month.
35 -
36 Councilman Williams moved for adoption of Resolution No. 13-1981,
37 seconded by Councilman Ahaus and on unanimous voice vote 'the motion
38 was carried.
39
40 . COMMUNICATION FROM THE MAYOR
41
42 Mayor Clifford Dickman commented concerning the General Telephone
43 rate request. He recently attended a meeting set up by the Mayor
44 of Ft. Wayne who is doing an in-depth study of the telephone rates.
45 Mayor Dickman did not join in with the group of Mayors who are in-
46 volved with this. He is not particularly for such a rate increase
47 and, not knowing the needs of General Telephone, he feels this matter
48 should be left up to the Public Service Commission.
49
50 DATE SET FOR COMMITTEE. OF THE WHOLE
III 51
52 Chairman of the -Committee of the Whole Rick Ahaus announced a Com-
53 mittee meeting on Ordinance No. 49-1981 (User Charge) Monday,
54 August 31 at 7:30 in the Board of Works room
55
56 MISCELLANEOUS BUSINESS
57
58 President Mills announced there will be a Special Council meeting
59 at 7:00 p.m. August 24 at 7:00 p.m. for consideration of the Budget.
60
61 President Mills requested a motion from Council to change the next
62 regularly scheduled Council meeting from Monday September 7 'to
63 Tuesday, September 8 due to Labor Day. Councilman Ahaus so moved,
64 seconded by Councilman Welch and on unanimous voice vote the motion
65 was carried.
36
Common Council Minutes Cont'd.
August 17, 1981
Page 2
1 ORDINANCES ON 2nd READING
2
3 ORDINANCE NO. 51-1981
4
5 The Clerk read on second reading by title only Ordinance No. 51-1981 -
6 AN ORDINANCE FOR APPROPRIATIONS AND TAX RATES.
8
9 City Attorney Ed Anderson examined proof of publication for Ordinance
10 No. 51-1981 and found it to be in order. Councilman Ahaus moved the
11 proof be accepted and filed, seconded by Councilman Paust and on
12 unanimous voice vote the motion was carried.
13
14 Chairman of the Committee of the Whole Ahaus reported his Committee
15 met on Monday, August 10 and Tuesday, August 11 with Department Heads.
16 Chairman Ahaus thanked Controller Don Meredith for his presentation
17 of the budget, particularily inclusion of the sixteen (16) line
18 statement.
19
20 President Mills announced Ordinance No. 51-1981 is on public hearing.
21 No one from the audience spoke for or against this Ordinance.
22
23 Councilman Ahaus moved to reduce Community Development supplies by
24 $1,000, seconded by Councilman Williams and on unanimous voice vote
25 the motion was carried.
26
27 Councilman Carter moved to reduce Engineering supplies by $1,250,
28 seconded by Councilman Elstro and on a call of the roll the following
29 was recorded:
30 AYES; Elstro, Hankinson, Parker, Carter (4)
31 NOES: Williams, Ahaus, Welch, Paust, Mills (5)
32
33 Councilman Ahaus moved to reduce Attorney other services & charges by
34 $2,000, seconded by Councilman Carter and on a call of the roll the
35 following was recorded:
36 AYES; Elstro, Ahaus, Hankinson, Carter, Paust (5)
37 NOES: Williams., Welch, Parker, Mills (4)
38
39 Councilman Ahaus moved to reduce Board of Public Works other services &
40 charges by $350,000, seconded by Councilman Carter and on a call of the
41 roll the following was recorded:
42 AYES: Elstro, Williams, Ahaus, Hankinson,
43 Welch, Parker, Carter, Paust, Mills (9)
44 NOES: None (0)
45
46 Councilman Carter moved to reduce Police personal services. by $15,000.
47 The motion died for lack of a second.
48
49 Councilman Carter moved to reduce Fire personal services by $15,000.
50 The motion died for lack of a second.
51
52 Councilman Carter moved to reduce Motor Vehicle Highway supplies by
53 $150,000, seconded by Councilman Welch. Councilman Welch withdrew
54 his second and Councilman Carter withdrew his motion.
55
56 Councilman Carter moved to reduce Motor Vehicle Highway personal
57 services by $250,000, seconded by Councilman Ahaus and a call of the
58 roll the following was recorded:
59 AYES: Elstro, Williams, Ahaus, Hankinson,
60 Welch, Parker, Carter, Paust, Mills (9)
61 NOES: None (0)
62
63 Councilman Carter moved to reduce Park & Recreation personal services
64 by $15,000, seconded by Councilman Parker and on a call of the roll
137
Common Council Minutes Cont'd.
August 17, 1981
Page 3
1 the following was recorded:
2 AYES: Parker, Carter (2)
3 NOES: Elstro, Williams, Ahaus, Hankinson,
4 Welch, Paust, Mills (7)
5
6 Councilman Parker moved to .reduce Airport personal services by $2,000.
7 The motion died for lack of a second.
8
9 Councilman Ahaus moved to reduce Public Transit personal services by
10 $90,000 and supplies by '$10,000, seconded by Councilman Carter and on
11 a call of the,roll the following was recorded:
12 AYES: Ahaus, Hankinson, Welch, Carter, Paust (5)
13 NOES: Elstro, Williams, Parker, Mills (4)
14
15 Councilman Elstro moved to table Ordinance No. 51-1981 to allow the
16 Controller to readjust the budget figures, seconded by Councilman
17 Welch and on unanimous voice vote the motion was carried.
18
19 ORDINANCES. ON 3rd READING
20
21 AMENDED ORDINANCE NO. 47-1981
22
23 Councilman Welch moved to suspend the rules and read Amended Ordinance
24 No. 47-1981 on third and final reading by title only, seconded by
25 Councilman Parker and on unanimous voice vote the motion was carried.
26
27 Councilman Carter stated he has been advised by his attorney to dis-
28 qualify himself on this voting. He, therefore, requested to be dis-
III29 qualified. President Mills announced the only way Councilman Carter
30 can be disqualified is by unanimous consent of Council. Councilman
31 Williams moved to disqualify Councilman Carter, seconded by Council-
32 man Ahaus and on a call of the roll the following was recorded:
33 AYES: Elstro, Williams, Ahaus, Hankinson,
34 Welch, Parker, Paust, Mills (8)
35 NOES: None (0)
36
37 President Mills requested a ruling from the City Attorney as to• what
38 should be done in Councilman Carter's absence.
39
40 City Attorney Ed Anderson reminded the Council that on July 7 when
41 Mr. Carter's qualification came up, Mr. Carter at that meeting said
42 that this issue does not, involve him financially directly and very
43 minutely indirectly; but he did disclose to the Council and the
44 people in the audience that he was one of the owners of Heritage
45 House. At that time, it was Mr. Anderson's opinion that since he
46 had publically disclosed his financial interest in a nursing home
47 (Heritage House) and in that public disclosure he had stated no
48 financial interest in this zoning matter or in his own words he would
49 neither benefit nor be adversely effected by this vote, Mr. Anderson
50 ruled he could participate in this hearing and keep his seat as a
51 Councilman because the statute under which this is on is a zoning
52 matter. This statute says that no member of the Plan Commission,
53 Board, City Council shall participate in the hearing in which he is
54 directly or indirectly interested in a financial sense. In the event
55 of disqualification remaining members are to choose an elector to
56 act as a member of such commission. It is still Mr. Anderson's
57 opinion that he has no need to disqualify himself. He stated he
58 feels •no Councilman needs to disqualify himself unless you sit as
59 a judicial or quasi-judicial body. Any personal interest does not
60 necessarily disqualify you as a member from voting on members as to
61 which the body acts in a legislative matter. He.recommended that the
62 body move to not appoint an elector to participate in this voting be-
63 cause an elector would not have heard the material which has been
64 presented. He recommended a motion to waive the requirement of
38
Common Council Minutes Cont'd.
August 17, 1981
Page 4
1 statute that remaining members now appoint an elector. Councilman
2 Parker moved, seconded by Councilman Elstro and on voice vote the
3 motion was carried.
4
5 The Clerk read on third reading by title only Amended Ordinance No.
6 47-1981 - AN ORDINANCE AUTHORIZING FINAL APPROVAL OF PHASE I OF A
7 DEVELOPMENT UNIT PROJECT AND ALSO AUTHORIZING A SPECIAL USE FOR A
8 NURSING CARE FACILITY ON PROPERTY GENERALLY LOCATED SOUTH OF SOUTH
9 "L" STREET, EAST OF SOUTH SIXTEENTH STREET, NORTH OF WERNLE HOME AND
10 AND WEST OF PROPOSED SOUTH EIGHTEENTH PARKWAY, ALL PURSUANT TO ARTICLES
11 48 AND 45 OF CHAPTER 154 OF THE MUNICIPAL CODE, BEING ORDINANCE NO.
12 2325-1968 COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF
13 RICHMOND, INDIANA.
14
15 President Mills stated a paper was received from the Department of
16 Health and Human Services written to Ronald Blankenbaker about what
17 Wernle would or wouldn't have to do. He stated the letter is not per-
18 tinent, as this Ordinance is for land use only.
19
20 Councilmen Elstro, Parker and Williams stated they are voting strictly
21 on the zoning matter for the best land use.
22
23 Amended Ordinance No. 47-1981 was adopted by the following vote :
24 AYES: Elstro, Williams, Ahaus, Hankinson, Welch
25 Parker, Paust, Mills (8)
26 NOES: None (0)
27
28 TABLED AMENDED ORDINANCE NO. 51-1981
29
30 Councilman Ahaus moved to take Amended Ordinance No. 51-1981 off the
31 table, seconded by Councilman Parker and on unanimous voice vote the
32 motion was carried.
33
34 City Controller Meredith gave the revisions in the budget following
35 Council's reductions. The total cut by. Council was $703,000.
36
37 Councilman Ahaus moved for engrossment of Amended Ordinance No. 51-1981,
38 seconded by Councilman Elstro and on unanimous voice vote the motion was
39 carried.
40
41 ADJOURNMENT
42
43 There being no further business on motion duly made, seconded and
44 passed the meeting was adjourned.
45
46 Kenneth Mills
47 President
48
49 ATTEST: JoEllen Trimble
50 City Clerk