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HomeMy Public PortalAbout04-06-1981 95 PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA, APRIL 6, 1981 1 The Common Council of the City of Richmond, Indiana, met in regular • 2 session April 6, 1981 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: Messrs. Elstro, Williams, Ahaus, 5 Hankinson, Welch, Parker and Carter. Absent: Paust. The following 6 business was had, to-wit: 7 8 DEVOTIONS 9 10 Councilman Williams gave devotions. 11 12 APPROVAL OF MINUTES OF MARCH 16, 1981 13 14 Councilman Hankinson moved to approve the minutes of the previous meeting 15 as prepared, seconded by Councilman Welch and on unanimous voice vote 16 the motion was carried. 17 18 BOARD OF WORKS REPORT 19 20 Councilman Parker requested a report regarding the consideration of 21 widening S. W. 18th and "D". 22 23 Councilman Williams requested information concerning the right-of- 24 way on River Court. City Engineer George Webb stated the corners 25 of the street have been set but the line on the north side has not 26 been established. 27 28 Councilman Williams complained about the burning of houses on North 29 "G" in an area where the residents were relocated. He noted in the 30 HUD application the houses were to be torn down. 31 32 REPORT FROM CITY DEPARTMENTS 33 34 Assistant Fire Chief William Smith reported the Fire Department is 35 considering removal of some of the street fire boxes. He noted the 36 equipment - is obsolete and not recognized. To modernize the boxes 37 would cost $100 each and between $5,000 and $6,000 to modernize the 38 receiving console. He read a letter from Underwriters noting removal 39 of the boxes will not have an adverse effect on the present class 4 40 classification. 41 42 ORDINANCES ON 1ST READING 43 44 Councilman Welch moved to suspend the rules and read Ordinance Nos. 45 9-1981, 10-1981, 11-1981, 12-1981, 13-1981, 14-1981, 15-1981, 16-1981, 46 17-1981, 18-1981, 19-1981, 20-1981, 21-1981, 22-1981, 23-1981, 24-1981, 47 25-1981, 26-1981, 27-1981, 28-1981, 29-1981, 30-1981 and 31-1981 on 48 first reading by title only, seconded by Councilman Parker and on 49 unanimous voice vote the motion was carried. 50 51 ORDINANCE NO. 9-1981 52 53 The Clerk read on first reading by title only Ordinance No. 9-1981 - 54 AN ORDINANCE TO CREATE A CUMULATIVE CAPITAL IMPROVEMENT FUND OF THE 55 RICHMOND SANITARY DISTRICT. 56 57 Councilman Welch moved to suspend the rules and read Ordinance No. 9- 58 1981 on second reading, seconded by Councilman Hankinson and on 59 unanimous voice vote the motion was carried. 60 61 The Clerk read on second reading Ordinance No. 9-1981. 62 - 63 Committee of the Whole Chairman Ahaus announced his Committee met 64 with City Attorney Ed Anderson and representatives of the Sanitary 6 Common Council Minutes Cont'd. April 6, 1981 Page 2 1 Commission. This Ordinance creates a Cumulative Capital Improvement 2 Fund for the Sanitary District but says nothing about how it is to be 3 funded. Council must allow them to have such a fund. There are no 4 monies involved at this point. City Controller Don Meredith,noted 5 there are no monies from the users fee that will go into this fund. 6 The monies :will come from the charges at the land fill (not this year 7 but in the future) and, if there is a surplus at the end of the year 8 in their line items that they did not anticipate carrying forward 9 into their next year's budget, those monies can also be put into 10 this fund. The fund will be used to replace heavy equipment. 11 12 President Mills announced Ordinance No. 9-1981 is on public hearing. 13 There being no one speaking for or against this Ordinance, Councilman 14 Elstro moved for engrossment, seconded by Councilman Welch and on 15 unanimous voice vote the motion was carried. 16 17 Councilman Williams moved to suspend the rules and read Ordinance No. 18 9-1981 on third and final reading by title only, seconded by Councilman 19 . Welch and on unanimous voice vote the motion was carried. 20 21 The Clerk read on third reading by title only Ordinance No. 9-1981. 22 23 Ordinance No. 9-1981 was adopted by the following vote: 24 AYES: Elstro, Williams, Ahaus, Hankinson 25 Welch, Parker, Carter, Mills (8) 26 NOES: None _ (0) 27 28 ORDINANCE NO. 10-1981 29 30 The Clerk read on first reading by title only Ordinance No. 10-1981 - 31 AN ORDINANCE AMENDING CHAPTER 154 OF THE MUNICIPAL CODE, BEING 111 32 ORDINANCE NO. 2325-1968, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE 33 CITY OF RICHMOND, INDIANA, ADOPTED JUNE 3, 1968, PROVIDING FOR THE 34 REZONING OF 70 THROUGH 80 FT. WAYNE AVENUE AND 115 AND 119-121 NORTH 35 5TH STREET FROM R-3 ONE-TO-EIGHT FAMILY RESIDENCE DISTRICT TO C-4 36 GENERAL BUSINESS DISTRICT. 37 38 Councilman Welch moved to suspend the rules and read Ordinance No. 10- 39 1981 on second reading, seconded by Councilman Elstro and on unanimous 40 voice vote the motion was carried. 41 42 The Clerk read on second reading Ordinance No. 10-1981. 43 44 President Mills noted the Plan Commission voted eight (8) to zero (0) 45 to recommend Ordinance No. 10-1981 be approved. 46 47 President Mills announced Ordinance No. 10-1981 is on public hearing. 48 Speaking for this Ordinance was Attorney Gayle Gardner, representing 49 William Galbreath, the contract purchaser of the real estate, and also 50 representing Dec & Pats. 51 52 Councilman Elstro moved for engrossment of Ordinance No. 10-1981, 53 seconded by Councilman Parker and on unanimous voice vote the motion 54 was carried. 55 • 56 Councilman Elstro moved to suspend the rules and read Ordinance No. 10- 57 1981 on third and final reading by title only, seconded by Council- 58 man Parker and on unanimous voice vote the motion was carried. 59 60 The Clerk.read on third reading by title only Ordinance No. 10-1981. 61 62 Ordinance No. 10-1981 was adopted by the following vote: 63 AYES: Elstro, Williams, Ahaus, Hankinson 64 Welch, Parker, Carter, Mills (8) 65 NOES: None (0) 97 Common Council Minutes Cont'd. April 6, 1981 Page 3 1 ORDINANCE NO. 11-1981 2 3 The Clerk read on first reading by title only Ordinance No. 11-1981 - 4 AN ORDINANCE"AUTHORIZING A SPECIAL USE IN A R-3 ONE-TO-EIGHT FAMILY III 5 RESIDENTIAL DISTRICT FOR A PROFESSIONAL OFFICE ON PROPERTY LOCATED AT 6 216 SOUTH 4TH STREET PURSUANT TO ARTICLES48 AND 22.012 OF CHAPTER 7 154 OF THE MUNICIPAL CODE, BEING ORDINANCE NO. 2325-1968, COMMONLY 8 KNOWN AS THE ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA. 9 10 Councilman Welch moved to suspend the rules and read Ordinance No.11- 11 i' 1981 on second reading, seconded by Councilman Hankinson and on 12 unanimous voice vote the motion was carried. 13 14 The Clerk-read on second reading Ordinance No. 11-1981. 15 16 President Mills noted the Plan Commission voted six (6) to two (2) 17 to recommend Ordinance No. 11-1981 be approved. 18 19 President Mills announced Ordinance No. 11-1981 is on public hearing. 20 There being no one speaking for or against this Ordinance Councilman 21 Elstro moved for engrossment, seconded by Councilman Carter and on 22 unanimous voice vote the motion was carried. 23 24 Councilman Carter moved to suspend the rules and read Ordinance No. 25 11-1981 on third and final reading by title only, seconded by Council- 26 man Parker and on unanimous voice vote the motion was carried. 27 28 The Clerk read on third reading by title only Ordinance No. 11-1981. III 29 30 Ordinance No. 11-1981 was adopted by the following vote : 31 AYES: Elstro, Williams, Ahaus, Welch 32 Parker, Carter, Mills (7) 33 NOES: Hankinson (1) 34 35 ORDINANCE NO. 12-1981 36 37 The Clerk read on first reading by title. only Ordinance No. 12-1981 - 38 AN ORDINANCE APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE 39 EXPENSES OF THE MOTOR VEHICLE HIGHWAY FUND OF THE CITY OF RICHMOND, 40 INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1981 AND ENDING 41 DECEMBER-31; 1981, INCLUSIVE, AND FIXING THE TIME WHEN THE SAME SHALL 42 TAKE EFFECT. 43 44 Councilman Welch moved to suspend the rules and read Ordinance No. 12- 45 1981 on second reading, seconded by Councilman Parker and on unanimous 46 voice vote the motion was carried. 47 48 The Clerk read on second reading Ordinance No. 12-1981. 49 50 President Mills announced Ordinance No. 12-1981 is on public hearing. 51 Explaining this Ordinance was City Controller Don Meredith. There 52 being no one else speaking for or against this Ordinance Councilman 53 Welch moved for engrossment, seconded by Councilman Elstro and on 54 unanimous voice vote the motion was carried. 55 56 Councilman Welch moved to suspend the rules and read Ordinance No. 12- 57 1981 on third and final reading, seconded by Councilman Parker and on 58 unanimous 'voice vote the motion was carried. 59 60 The Clerk read on third reading by title only Ordinance No. 12-1981. 61 62 Ordinance No. 12-1981 was adopted by the following vote: 63 AYES: Elstro, Williams, Ahaus, Hankinson 64 Welch, Parker, Carter, Mills (8) 65 NOES: None (0) 9 8 Common Council Minutes Con-rid. April 6, 1981 Page 4 1 ORDINANCE NO. 13-1981 2 3 The Clerk read on first reading by title only Ordinance No. 13-1981 - 4 AN ORDINANCE APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE 5 EXPENSES OF OPERATING THE MUNICIPAL AIRPORT OF THE CITY OF RICHMOND, 6 INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1981 AND ENDING 7 DECEMBER 31, 1981, INCLUSIVE, AND FIXING THE TIME WHEN THE SAME SHALL 8 TAKE EFFECT. 9 10 Councilman Welch moved to suspend the rules and read Ordinance No. 13- 11 1981 on second reading, seconded by Councilman Ahaus and on unanimous 12 voice vote the motion was carried. 13 - 14 The Clerk read on second reading Ordinance No. 13-1981. 15 16 President Mills announced Ordinance No. 13-1981 is on public hearing. 17 There being no one speaking for or against this Ordinance Councilman 18 Hankinson moved for engrossment, seconded by Councilman Welch and on 19 unanimous voice vote the motion was carried. 20 21 Councilman Ahaus moved to suspend the rules and read Ordinance No. 13- 22 1981 on third and final reading by title only, seconded by Councilman 23 Hankinson and on unanimous voice vote the motion was carried. 24 25 The Clerk read on third reading by title only Ordinance No. 13-1981. 26 _ 27 Ordinance No. 13-1981 was adopted by the following vote: 28 AYES: Elstro, Williams, Ahaus, Hankinson 29 Welch, Parker, Carter, Mills (8) 30 NOES: None . (0) 31 32 ORDINANCE NO. 14-1981 33 34 The Clerk read on first reading by title only Ordinance No. 14-1981 - 35 AN ORDINANCE TO APPROPRIATE WITHIN THE PARK SINKING BOND FUND. 36 37 President Mills announced Ordinance No. 14-1981 has to be advertised. 38 39 ORDINANCE NO. 15-1981 40 41 The Clerk read on first reading by title only Ordinance No. 15-1981 - 42 AN ORDINANCE TO APPROPRIATE WITHIN THE GENERAL SINKING BOND FUND. 43 44 President Mills announced Ordinance No. 15-1981 has to be advertised. 45 46 ORDINANCE NO. 16-1981 47 48 The Clerk read on first reading by title only Ordinance No. 16-1981 - 49 AN ORDINANCE TO APPROPRIATE WITHIN THE POLICE PENSION FUND. 50 51 President Mills announced Ordinance No. 16-1981 has to be advertised. 52 53 ORDINANCE NO. 17-1981 54 55 The Clerk read on first reading by title only Ordinance No. 17-1981 - 56 AN ORDINANCE TO APPROPRIATE WITHIN THE FIRE PENSION FUND. 57 58 President Mills announced Ordinance No. 17-1981 has to be advertised. 59 60 ORDINANCE NO. 18-1981 61 62 The Clerk read on first reading by title only Ordinance No. 18-1981 - 63 AN ORDINANCE TO TRANSFER WITHIN THE GENERAL FUND. 64 65 Councilman Welch moved to suspend the rules and read Ordinance No. 18- 99 Common Council Minutes Cont'd. April 6, 1981 Page 5 1 1981 on second reading by title only, seconded by Councilman Carter 2 and. on: unanimous voice vote the motion was carried. 3 4 The Clerk read on second reading Ordinance No. 18-1981. 5 6 President Mills announced Ordinance No. 18-1981 is on public hearing. 7 There being no one speaking for or against this Ordinance, Councilman 8 Carter moved for engrossment, seconded by Councilman Parker and on 9 unanimous voice vote the motion was carried. 10 11 Councilman Carter moved to suspend the rules and read Ordinance No. 12 18-1981 on third and final reading by. title only, seconded by Council- 13 man Parker and on unanimous voice vote the motion was carried. 14 15 The Clerk read on third reading by title only Ordinance No. 18-1981. 16 . 17 - Ordinance No. 18-1981 was adopted by the following vote: 18 AYES: Elstro, Williams, Ahaus, Hankinson 19 Welch, Parker, Carter, Mills .(8) 20 NOES: None (0) 21 22 ORDINANCE NO. 19-1981 • 23 24 The Clerk read on first reading by title only Ordinance No. 19-1981 - 25 AN ORDINANCE TO APPROPRIATE FROM THE CUMULATIVE CAPITAL IMPROVEMENT 26 FUND. 27 28 ' President Mills announced Ordinance No. 19-1981 has to be advertised. III 29 30 ORDINANCE NO. 20-1981 31 32 The Clerk read on first reading by title only Ordinance No. 20-1981 - 33 AN ORDINANCE TO APPROPRIATE FROM THE CUMULATIVE CAPITAL IMPROVEMENT 34 FUND. . 35 36 President Mills announced Ordinance No. 20-1981 has to be advertised. 37 • 38 ORDINANCE NO. 21-1981 39 40 The Clerk read on first reading by title only Ordinance No. 21-1981 - 41 AN ORDINANCE TO APPROPRIATE FROM THE CUMULATIVE CAPITAL BUILDING FUND. 42 • 43 President Mills announced Ordinance No. 21-1981 has to be advertised. 44 45 ORDINANCE NO. 22-1981 46 47 The Clerk read on first reading by title only Ordinance No. 22-1981 - 48 AN ORDINANCE TO APPROPRIATE FROM THE FEDERAL REVENUE SHARING TRUST FUND. 49 50 President Mills announced Ordinance No. 22-1981 has to be advertised. 51 III 52 ORDINANCE NO. 23-1981 - 53 54 The Clerk read on first reading by title only Ordinance No. 23-1981 - 55 AN ORDINANCE TO APPROPRIATE FROM THE FEDERAL REVENUE SHARING TRUST FUND. 56 57 President Mills announced Ordinance No. 23-1981 has to be advertised. 58 59 ORDINANCE NO. 24-1981 60 61 The Clerk read on first reading by title only Ordinance No. 24-1981 - 62 AN ORDINANCE TO APPROPRIATE FROM THE FEDERAL REVENUE SHARING TRUST FUND. 63 64 President Mills announced Ordinance No. 24-1981 has to be advertised. 100 Common Council Minutes Cont'd. April 6, 1981 - Page 6 1 ORDINANCE NO. 25-1981 2 - 3 The Clerk read on first reading by title only Ordinance No. 25-1981 - 4 AN ORDINANCE TO APPROPRIATE FROM THE FEDERAL REVENUE SHARING TRUST FUND. 5 6 President Mills announced Ordinance No. 25-1981 has to be advertised. 7 8 ORDINANCE NO. 26-1981 9 10 The Clerk read on first reading by title only Ordinance No. 26-1981 - 11 AN ORDINANCE TO APPROPRIATE FROM THE FEDERAL REVENUE SHARING TRUST FUND. 12 13 President Mills announced Ordinance No. 26-1981 has to be advertised. 14 15 ORDINANCE NO. 27-1981 16 17 The Clerk read on first reading by title only Ordinance No. 27-1981 - 18 AN ORDINANCE TO APPROPRIATE FROM THE FEDERAL REVENUE SHARING TRUST FUND. 19 20 President Mills announced Ordinance No. 27-1981 has to be advertised. 21 22 ORDINANCE NO. 28-1981 23 24 The Clerk read on first reading-by title only Ordinance No. 28-1981 - 25 AN ORDINANCE TO APPROPRIATE FROM THE FEDERAL REVENUE SHARING TRUST FUND. 26 27 President Mills announced Ordinance No. 28-1981 has to be advertised. 28 29 ORDINANCE NO. 29-1981 30 31 The Clerk read on first reading by title only Ordinance No. 29-1981 - 32 AN ORDINANCE TO APPROPRIATE FROM THE FEDERAL REVENUE SHARING TRUST FUND. 33 34 President Mills announced Ordinance No. 29-1981 has to be advertised. 35 - 36 ORDINANCE NO. 30-1981 37 38 The Clerk read on first reading by title only Ordinance No. 30-1981 - 39 AN ORDINANCE TO APPROPRIATE FROM THE FEDERAL REVENUE SHARING TRUST FUND. 40 41 President Mills announced Ordinance No. 30-1981 has to be advertised. 42 43 ORDINANCE NO. 31-1981 44 45 The Clerk read on first reading by title only Ordinance No. 31-1981 - 46 AN ORDINANCE TO APPROPRIATE FROM THE FEDERAL REVENUE SHARING TRUST FUND. 47 48 President Mills announced Ordinance No. 31-1981 has to be advertised. 49 50 ORDINANCES ON 2ND READING 51 52 ORDINANCE NO. 7-1981 53 54 The Clerk read on second reading Ordinance No. 7-1981 - AN ORDINANCE TO 55 AMEND TITLE XV, LAND USAGE, OF THE MUNICIPAL CODE OF THE CITY OF RICH- 56 MOND, INDIANA BY ADDING THERETO CHAPTER 155. 57 58 President Mills: read the following letter: 59 60 Dear Mr. Anderson: 61 62 The Administrative Building Council approved the enclosed amend- 63 ment to your building ordinances on March 17, 1981. This action 64 was pursuant to IC 22-11-1-32. 101 Common Council Minutes Cont'd. April 6, 1981 Page 7 1 The State Building Commissioner and I appreciate your • 2 efforts to maintain your building regulations up-to- 3 date and consistent with the statewide building code. 4 5 The interests of public safety as well as those of the 6 construction industry are well served by your attention 7 to building regulations. 8 9 Sincerely, 10 11 /s/ D. L. Bills 12 Director 13 Division ofCode Enforcement 14 15 President Mills announced Ordinance No. 7-1981 is on public hearing. 16 There being no one speaking for or against this Ordinance, Council- 17 man Welch moved for engrossment, seconded by Councilman Parker. and 18 on unanimous voice vote the motion was carried. 19- 20 Councilman Welch moved to suspend the rules and read Ordinance No. 7- 21 1981 on third and final reading by title only, seconded by Council- 22 man Parker and on unanimous voice vote the motion was carried. 23 24 The Clerk read on third reading by title only Ordinance No. 7-1981. 25 26 Ordinance No. 7-1981 was adopted by the following vote: 27 AYES: Elstro, Williams, Ahaus, Hankinson 28 Welch, Parker, Carter, Mills (8) 29 NOES: None (0) 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 102