HomeMy Public PortalAbout07-07-1981 125
PROCEEDINGS OF THE COMMON COUNCIL OF THE
CITY OF RICHMOND, INDIANA, JULY 7, 1981
1 The Common Council of the City of Richmond, Indiana, met in regular
2 session July 7, 1981 at the hour of 7:30 p.m. in the Council Chambers
111 3 in the Municipal Building in said City. President Mills presided
4 with the following members present: Messrs. Elstro, Williams, Ahaus,
5 Hankinson, Parker, Carter and Paust. Absent: Welch. The following
6 business: was had, to-wit:
7
8 DEVOTIONS
9
10 Councilman Parker gave devotions.
11
12 APPROVAL OF MINUTES OF PREVIOUS MEETING
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 RESOLUTIONS
19
20 Councilman Hankinson moved to suspend the rules and read Resolution
21 Nos. 10-1981 and 11-1981 by title only, seconded by Councilman Ahaus
22 and on unanimous voice vote the motion was carried.
23
24 RESOLUTION NO. 10-1981
25
26 The Clerk read by title only Resolution No. 10-1981 - A RESOLUTION
27 AUTHORIZING AND APPROVING THE SALE OF CERTAIN UNIMPROVED REAL ESTATE
28 IN THE CITY OF RICHMOND, INDIANA, FOR THE USE AND BENEFIT OF ITS
29 DEPARTMENT OF COMMUNITY DEVELOPMENT.
30
31 Speaking for and explaining Resolution No. 10-1981 was Director of
32 Community Development Tim Ryder, 1804 S. W. "D".
33
34 Councilman Elstro moved for adoption of Resolution No. 10-1981 ,
35 seconded by Councilman Parker and on unanimous voice vote the motion
36 was carried.
37
38 RESOLUTION NO. 11-1981
39
40 The Clerk read by title only Resolution No.. 11-1981 - A RESOLUTION
41 OF THE CITY OF RICHMOND TO INDUCE CLEARVIEW CABLE TV TO ACQUIRE,
42 CONSTRUCT AND EQUIP AN ECONOMIC DEVELOPMENT FACILITY, AND TO
43 UNDERTAKE TO SELL AND DELIVER REVENUE BONDS TO PAY THE COSTS
44 THEREOF, AND OTHER MATTERS RELATING THERETO.
45
46 Speaking for Resolution No. 11-1981 were Attorney Andrew Cecere,
47 101- South 10th, representing Clearview Cable TV; and Mr. Kevin Rice,
48 General Manager of Clearview Cable, 23 South 9th.
49
50 Councilman Paust moved to table Resolution No. 11-1981, seconded by
51 Councilman Hankinson and on a call of the roll the following was
52 recorded: Ayes: Elstro, Williams, Ahaus, Hankinson, Parker, Carter,
53 Paust and Mills. Noes: - None. The vote being eight (8) to zero
54 (0) in favor of the motion.
55
56 President Mills announced Resolution No. 11-1981 is assigned to the
57 Committee of the Whole.
58
59 MISCELLANEOUS BUSINESS
60
61 President Mills announced a meeting between City Department heads,
62 the Mayor and Council to be held July 15, 1981 at 5:00 p.m. in the
63 Board of Works room.
126
Common Council Minutes Cont'd.
July 7, 1981
Page 2
1 In response to Councilman Ahaus' question concerning repaving
2 agreements in the sewer separation project, City Engineer George Webb
3 stated an agreement has been reached with the Jas. White Company
4 but not with Pierce.
5
6 ORDINANCES ON 1st READING
7
8 Councilman Hankinson moved to suspend the rules and read Ordinance
9 No. 47-1981 on first reading by title only, seconded by Councilman
10 Paust and on unanimous voice vote the motion was carried.
11
12 The Clerk read on first reading by title only Ordinance No. 47-1981 -
13 AN ORDINANCE AUTHORIZING FINAL APPROVAL OF PHASE I OF A DEVELOPMENT
14 UNIT PROJECT AND ALSO AUTHORIZING A SPECIAL USE FOR A NURSING CARE
15 FACILITY ON PROPERTY GENERALLY ,LOCATED SOUTH OF SOUTH "L" STREET,
16 EAST OF SOUTH SIXTEENTH STREET, NORTH OF WERNLE HOME AND WEST OF
17 PROPOSED SOUTH EIGHTEENTH PARKWAY, ALL PURSUANT TO ARTICLES 48 AND
18 45 OF CHAPTER 154 OF THE MUNICIPAL CODE, BEING ORDINANCE NO. 2325-1968
19 COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA
20
21 Councilman Hankinson moved to suspend the rules and read Ordinance
22 No. 47-1981 on second reading, seconded by Councilman Ahaus and on
23 unanimous voice vote the motion was carried.
24
25 The Clerk read on second reading Ordinance No. 47-1981.
26
27 President Mills announced Ordinance No. 47-1981 will be left on
28 second reading following the public hearing and will be referred to
29 the Committee of the Whole.
30
31 Chairman of the Committee of the Whole Ahaus announced the Committee
32 will meet July 28, 1981 at 7:00 p.m. in the City Court Room.
33
34 Councilman Carter made the following disclosure: "This issue does
35 not involve me financially directly and very minutely indirectly.
36 I must disclose to the Council and to the people in the audience
37 that I am one of the owners of the Heritage House Nursing Home
38 which is located on Chester Blvd. north".
39
40 President Mills announced Ordinance No. 47-1981 is on public hearing.
41 Speaking for this Ordinance was Attorney Gayle Gardner, representing
42 Wernle Childrens' Home, Inc. He requested the City Attorney rule on
43 Councilman Carter's disclosure. He introduced Rev. Vernon Bigalk,
44 Pastor of St. John's Lutheran Church; Rev. Paul Knecht, Executive
45 Director of Wernle Childrens' Home; and most of the Board of Direc-
46 tors of Wernle Childrens' Home. Also speaking for this Ordinance
47 were Mr. Daniel Hutchison, 3855 Upper Bellbrook, Bellbrook, Ohio,
48 representing CARE Center, Inc. and Mr. Al Thomas, representing
49 Wolfe Industries, Lima, Ohio.
50
51 City Attorney Ed Anderson ruled on the question of Mr. Carter's
52 participating. In his opinion, in that Mr. Carter has publically
53 disclosed his financial interest in a nursing home, Heritage House,
54 and in that public disclosure he has stated no financial interest
55 in this zoning matter, or in his own words he would neither benefit
56 nor be adversely affected by this vote, Mr. Anderson ruled that Mr.
57 Carter can participate in this hearing and keep his seat as a
58 Councilman. He sees no reason why the Council should elect an
59 elector to serve in that capacity, all in accordance with IC 18-7-5-1.
60
61 In accordance with that statute, Mr. Gardner asked the record to show
62 his objection to the ruling. To preserve the record, he requested
63 the involvement of Mr. Carter be ruled in violation of that same
64 statute.
127
Common Council Minutes Cont'd.
July 7, 1981
Page 3
1 Speaking against Ordinance No. 47-1981 was Mr. Sam Knobler, 2001
2 U.S. 27 South, representing Golden Rule Nursing Home.
3
4 President Mills announced Ordinance No. 47-1981 will remain on
5 second reading.
6
7 ADJOURNMENT
8
9 There being no further business on motion duly made, seconded and
10 passed the meeting was adjourned.
11
12 Kenneth Mills
13 President
14
15 ATTEST: JoEllen Trimble
16 City Clerk
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