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HomeMy Public PortalAbout08-03-1981 131 PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA, AUGUST 3, 1981 1 The Common Council of the City of Richmond, Indiana, met in regular 2 session August 3, 1981 at the hour of 7:f30 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 Welch gave devotions. 11 12 EXCUSES FOR PREVIOUS ABSENCES 13 14 Councilmen Ahaus and Carter stated they were on vacation during the 15 previous meeting. 16 17 APPROVAL OF MINUTES OF JULY 20, 1981 18 19 Councilman Williams moved to approve the minutes of the previous 20 meeting as received, seconded by Councilman Welch and on unanimous 21 voice vote the motion was carried. 22 23 RESOLUTION NO. 12-1981 24 25 The Clerk read Resolution No. 12-1981 - A RESOLUTION CONGRATULATING 26 THE UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA=AND LOCAL 11/ 27 912 ON THE UNION'S CENTENNIAL ANNIVERSARY in full. 28 29 Councilman Welch moved to adopt Resolution No. 12-1981, seconded by 30 Councilman Paust and on unanimous voice vote the motion was carried. 31 32 RESOLUTION NO. 11-1981 33 34 Councilman Ahaus moved to bring Resolution No. 11-1981 off the table, 35 seconded by Councilman Welch and on unanimous voice vote the motion 36 was carried. 37 38 The Clerk read by title only Resolution No. 11-1981 - A RESOLUTION 39 OF THE CITY OF RICHMOND TO INDUCE CLEARVIEW CABLE TV TO ACQUIRE, ' 40 CONSTRUCT AND EQUIP AN ECONOMIC DEVELOPMENT FACILITY, AND TO 41 UNDERTAKE TO SELL AND DELIVER REVENUE BONDS TO PAY THE COSTS THERE- 42 OF, AND OTHER MATTERS RELATING THERETO. 43 44 Chairman of the Committee of the Whole Ahaus reported the Committee 45 met on July 28 and councilmen asked all questions and determined to 46 bring it back on the agenda. 47 48 Councilman Elstro moved for adoption of Resolution No. 11-1981, 49 seconded by Councilman Paust and on a call of the roll the following 50 was recorded: 51 AYES: Eltro, Williams, Ahaus, Hankinson 52 Welch, Parker, Carter, Paust, Mills (9) 53 NOES: None (0) 54 55 ORDINANCES ON 1ST READING 56 58 Councilman Welch moved to suspend the rules and read Ordinance Nos. 59 51-1981, 52-1981, 53-1981, 54-1981 and 55-1981 on first reading by 60 title only, seconded by Councilman Parker and on unanimous voice vote 61 the motion was carried. 62 63 ORDINANCE NO. 51-1981 64 65 The Clerk read on first reading by title only Ordinance No. 51-1981- 66 AN ORDINANCE FOR APPROPRIATIONS AND TAX RATES. 13l 12 1. Common Council:Minutes Cont'd. August 3, 1981 Page 2 1 President Mills announced Ordinance No. 51-1981 has to be advertised. 2 3 Chairman of the Committee of the Whole Ahaus announced the Committee 4 will meet Monday, August 10 and Tuesday, August 11 at 6:30 on the 5 budget. All Department Heads have been scheduled to appear. The 6 Committee is also meeting Wednesday, August 5 at 7:00 in the City 7 Court Room to consider the Sanitary User Charge Ordinance. Prior to 8 that meeting Councilmen are urged to meet at the Sanitary District 9 at 6:00 to tour the new facility that is being constructed. 10 11 ORDINANCE NO. 52-1981 12 13 The Clerk read on first reading by title only Ordinance No. 52-1981 - 14 AN ORDINANCE TO ANNEX TO THE CITY OF RICHMOND, INDIANA CERTAIN CON- 15 TIGUOUS TERRITORY, ADJACENT AND ABUTTING THERETO, DESCRIBING THE 16 SAME, AND FIXING THE TIME WHEN THE SAME SHALL TAKE EFFECT. 17 18 Councilman Welch moved to suspend the rules and read Ordinance No. 19 52-1981 on second reading, seconded by Councilman Hankinson and on 20 unanimous voice vote the motion was carried. 21 22 The Clerk read on second reading Ordinance No. 52-1981. 23 24 President Mills announced Ordinance No. 52-1981 is on public hearing. 25 Speaking for Ordinance No. 52-1981, which is a voluntary annexation, 26 was City Plan Director Bob Goodwin. The zoning classification is 27 M-2 heavy industrial. 28 29 Councilman Welch moved for engrossment of Ordinance No. 52-1981, 30 seconded by Councilman Parker and on unanimous voice vote the motion 31 was carried. 32 33 Councilman Welch moved to suspend the rules and read Ordinance No. 34 52-1981 on third and final reading by title only, seconded by Coun- 35 cilman Hankinson and on unanimous voice vote the motion was carried. 36 37 The Clerk read on third reading by title only Ordinance No. 52-1981. 38 39 Ordinance No. 52-1981 was adopted by the following vote : 40 AYES: Elstro, Williams, Ahaus, Hankinson 51 Welch, Parker, Carter, Paust, Mills (9) 42 NOES: None (0) 43 44 ORDINANCE NO. 53-1981 45 46. The Clerk read on first reading by title only Ordinance No. 53-1981 - 47 AN ORDINANCE PROVIDING FOR LONGEVITY PAY FOR FIREFIGHTERS. 48 49 Councilman Welch moved to suspend the rules and read Ordinance No. 50 53-1981 on second reading, seconded by Councilman Williams and on 51 unanimous voice vote the motion was carried. 52 53 The Clerk read on second reading Ordinance No. 53-1981. 54 55 President Mills announced Ordinance No. 53-1981 is on public hearing. 56 Speaking for this Ordinance was City Controller Don Meredith, who 57 recommended the Ordinance be amended to correct Section 1, Paragraph 58 2 in the last full line to change "ten" to "six" years. 59 60 61 Councilman Hankinson so moved, seconded by Councilman Parker and on 62 unanimous voice vote the motion was carried. _ 63 64 Councilman Ahaus moved to insert "per year" in Section 1, Paragraph 1 65 after the amount of $100.00, seconded by Councilman Carter and on 66 unanimous voice vote the motion was carried. 13 Common Council Minutes Cont'd. August 3, 1981 Page 3 1 Councilman Hankinson moved for engrossment of Amended Ordinance No. 2 53-1981, seconded by Councilman Welch and on unanimous voice vote the 3 motion was carried. 4 5 Councilman Welch moved to suspend the rules and read Amended Ordinance 6 No. 53-1981 on third and final reading by title only, seconded by Coun- 7 cilman Parker and on unanimous voice vote the motion was carried. 8 9 The Clerk read on third reading by title only Amended Ordinance No. 10 53-1981. 11 12 , Amended Ordinance No. 53-1981 was adopted by the following vote: 13 AYES: Elstro, Williams, Ahaus, Hankinson 14 Welch, Parker, Carter, Paust, Mills (9) 15 NOES: None (0) 16 17 ORDINANCE NO. 54-1981 18 19 The Clerk read on first reading by title only Ordinance No. 54-1981 - 20 AN ORDINANCE OF THE CITY OF RICHMOND, INDIANA REGULATING THE USE OF 21 PUBLIC AND PRIVATE SEWERS AND APPURTENANCES, AND DISCHARGE OF WATER 22 AND WASTES INTO THE PUBLIC SEWER SYSTEM, AND THE INSTALLATION AND 23 CONNECTION OF BUILDING SEWERS, AND PROVIDING FOR INSPECTION AND CON 24 STRUCTION THEREOF AND PROVIDING PENALTIES FOR THE VIOLATION OF SEC- 25 TIONS THEREOF. 26 27 President Mills announced this Ordinance is referred to the Committee 28 of the Whole. Chairman Ahaus will set the meeting night later. III 29 30 ORDINANCE NO. 55-1981 - 31 - 32 The Clerk read on first reading by title only Ordinance No. 55-1981 - 33 AN ORDINANCE AUTHORIZING A SPECIAL USE FOR A RESIDENTIAL DEVELOPMENT 34 UNIT PROJECT LOCATED EAST OFF OF GREENBRIER DRIVE AND NORTH OF THE 35 HAYES ARBORETUM PURSUANT TO ARTICLES 48 AND 45 OF CHAPTER 154 OF THE 36 ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA. 37 38 Councilman Welch moved to suspend the rules and read Ordinance No. 39 55-1981 on second reading , seconded by Councilman Hankinson and on 40 unanimous voice vote the motion was carried. 41 42 The Clerk read on second reading Ordinance No. 55-1981. • 43 44 President Mills announced Ordinance No. 55-1981 is on public hearing. 45 Speaking for this Ordinance was City Plan Director Bob Goodwin. 46 47 Councilman Welch moved for engrossment of Ordinance No. 55-1981, se- 48 conded by Councilman Ahaus and on unanimous voice vote the motion was 49 carried. 50 51 Councilman Welch- moved to suspend the rules and read Ordinance No. 52 55-1981 on third and final reading, seconded by Councilman Williams 53 and on unanimous voice vote the motion was carried. 54 55 The Clerk read on third reading by title only Ordinance No. 55-1981. 56 57 Ordinance No. 55-1981 was adopted by the following vote: 58 AYES: Elstro, Williams, Ahaus, Hankinson 59 Welch, Parker, Carter, Paust, Mills (9) 60 NOES: None (0) 61 62 ORDINANCES ON 2ND READING 63 64 The Clerk read on second reading Ordinance No. 47-1981 - AN ORDINANCE 134.. Common Council Minutes Cont'd. August 3, 1981 Page 4 1 AUTHORIZING FINAL APPROVAL OF PHASE I OF A DEVELOPMENT UNIT PROJECT 2 AND ALSO AUTHORIZING A SPECIAL USE FOR A NURSING CARE FACILITY ON 3 PROPERTY GENERALLY LOCATED SOUTH OF SOUTH "L" STREET, EAST OF SOUTH 4 SIXTEENTH STREET, NORTH OF WERNLE HOME AND WEST OF PROPOSED SOUTH 5 EIGHTEENTH PARKWAY, ALL PURSUANT TO ARTICLES 48 AND 45 OF CHAPTER 154 6 OF THE MUNICIPAL CODE, BEING ORDINANCE NO. 2325-1968 COMMONLY KNOWN AS 7 THE ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA. 8 9 Chairman Ahaus reported the Committee of the Whole met on Ordinance 10 No. 47-1981 last Tuesday, July 28 and most parties involved were there. 11 It was determined to bring it back to Council tonight. 12 13 President Mills announced Ordinance No. 47-1981 is on public hearing. 14 Attorney Gayle Gardner reiterated his objection to Councilman Carter's 15 participating in this hearing and requested the record so show. The 16 reason being conflict of interest as he is a part owner in Heritage 17 Regency Nursing Home. Also, his son, James E. Carter, Jr, appeared in 18 objection at the Committee of the Whole, presented a document and re- 19 quested a delay. Councilman Carter stated the Heritage Regency does 20 not operate Heritage House of Richmond and his son is not James E. 21 1 Carter, Jr. but James E. F. Carter. 22 23 Councilman Welch proposed the commercial development along South "L" 24 Street, which is a part of Phase III of this project as shown in exhibit 25 A, be amended to be C-1 instead of C-2; and, to eliminate any curb cuts 26 along South "L" with entrance and exit off proposed South 18th Parkway. 27 28 Councilman Welch so moved the two (2) proposed amendments, seconded 29 by Councilman Ahaus. City Plan Director stated he does not feel the 30 proposed amendment presents a problem. He noted Phase II and Phase 31 III must come back to the Plan Commission and Council for final ap- 32 proval. Mr. Dan Hutchinson, 3869 Upper Bellbrook, Bellbrook, Ohio, 33 representing Care Center, Inc. , stated he foresees no adverse effect 34 of this proposed amendment on the project but would request a traffic 35 study at the time. On a call of the roll for the motion to amend the 36 following was recorded: 37 AYES: Elstro, Williams, Ahaus, Hankinson 38 Welch, Parker, Carter, Paust, Mills (9) 39 NOES: Nona (0) 40 41 Councilman Ahaus moved for engrossment of Amended Ordinance No. 47-1981, 42 seconded by Councilman Paust and on unanimous voice vote the motion was 43 carried. 44 45 President Mills announced Ordinance No. 47-1981 will be back on the 46 agenda in two (2) weeks for final vote. 47 48 ADJOURNMENT 49 50 There being no further business on motion duly made, seconded and 51 passed the meeting was adjourned. 52 53 Kenneth Mills 54 President 55 56 ATTEST: JoEllen Trimble 57 City Clerk