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HomeMy Public PortalAbout03-03-1980 581 PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA, MARCH 3, 1980 1 The Common Council of the City of Richmond, Indiana, met in regular session 2 March 3, 1980 at the hour of 7;30 p.m. in the Council Chambers in the Muni- 3 pal Building in said City. President Faust presided with the following 4 members present: Messrs. Elstro, Williams, Ahaus, Hankinson, Welch, Parker, 5 Carter and Mills. Absent: None. 6 7 Councilman Mills gave devotions. 8 9 Councilman Williams moved to approve the minutes of the previous meeting as 10 prepared, seconded by Councilman Welch and on unanimous voice vote the 11 motion was carried. 12 13 Councilman Mills moved to suspend the rules on Resolution Nos. 4-1980 and 14 5-1980 and read by title only, seconded by Councilman. Welch and on unani- 15 mous voice vote the motion was carried. 16 17 The Clerk read by title only Resolution No. 4-1980 - A RESOLUTION TO 18 TRANSFER FROM THE FEDERAL REVENUE SHARING TRUST FUND TO THE GENERAL FUND. 19 20 bouncilman Carter moved for adoption of Resolution No. 4-1980, seconded by 21 Councilman Ahaus and on unanimous voice vote the motion was carried. 22 23 The Clerk read by title only Resolutipn No. 5-1980 - A RESOLUTION ADOPTING 24 A POLICY ON ANNEXATION. 25 26 Councilmen Carter and Williams had questions concerning this Resolution. 27 City Attorney Ed Anderson explained the need for the annexation policy. 28 Councilman Williams suggested this Resolution be referred to the Committee 29 of the Whole and so moved, seconded by Councilman Carter. The motion 30 passed with Councilmen Mills and Hankinson voting no. 31 32 City Controller Don Meredith noted there are a number of appropriation 33 ordinances on first reading for revenue sharing. These need to be adver- 34 tised and will be back for public hearing at the next meeting of Council. 35 Mr. Meredith noted he will be out of town for that meeting, but the Depart- 36 ment Heads have been advised to be at the meeting. Ordinance No. 14-1980, 37 which is for CORTA, is for $75,000. Mr. Meredith requested the minutes 38 ' reflect he may have an additional request at a later date for $25,000. 39 Councilman Ahaus requested an update on federal revenue sharing funds. 40 41 Councilman Welch commended the Department of Transportation on snow 42 removal and requested this be passed on to Mr. Jerry Haynes. 43 44 ; Councilman Mills moved to suspend the rules and read Ordinance Nos."14-1980 45 through 27-1980 on first reading by title only, seconded by Councilman 46 Carter and on unanimous voice vote the motion was carried. 47 48 ; The Clerk read on first reading by title only Ordinance No. 14-1980 - AN 49 ORDINANCE TO APPROPRIATE FROM THE FEDERAL REVENUE SHARING TRUST FUND.. 50 51 President Paust announced Ordinance No. 14-1980 has to be advertised. 52 53 The Clerk read on first reading by title only Ordinance No. 15-1980 - AN 54 ORDINANCE TO APPROPRIATE FROM THE FEDERAL REVENUE SHARING TRUST FUND. 55 56 President Paust announced Ordinance No. 15-1980 has to be advertised. 57 58 The Clerk read on first reading by title only Ordinance No'. 16-1980 - AN 59 , ORDINANCE TO APPROPRIATE FROM THE FEDERAL REVENUE SHARING TRUST FUND. 60 61 President Paust announced Ordinance No. 16-1980 has to be advertised. 62 63 , The Clerk read on first reading by title only Ordinance No. 17-1980 - AN 64 ' ORDINANCE TO APPROPRIATE FROM THE FEDERAL REVENUE SHARING TRUST FUND. 65 66 President Paust announced Ordinance No. 17-1980 has to be advertised. 67 68 The Clerk read on first reading by title only Ordinance No. 18-1980 - AN 69 ORDINANCE TO APPROPRIATE FROM THE FEDERAL REVENUE SHARING TRUST FUND. 582 Common Council Minutes Cont. March 3, 1980 Page 2 1 President Paust announced Ordinance No. 18-1980 has to be advertised. 2 3 The Clerk read on first reading by title only Ordinance No. 19-1980 - AN 4 ORDINANCE TO APPROPRIATE FROM THE FEDERAL REVENUE SHARING TRUST FUND. 5 6 President Paust announced Ordinance No. 19-1980 has to be advertised. 7 8 The Clerk read on first reading by title only Ordinance No. 20-1980 - AN 9 ORDINANCE TO APPROPRIATE FROM THE FEDERAL REVENUE SHARING TRUST FUND. 10 11 President Paust announced Ordinance No. 20-1980 has to be advertised. 12 13 The Clerk read on first reading by title only Ordinance No. 21-1980 - AN 14 ORDINANCE TO APPROPRIATE FROM THE FEDERAL REVENUE SHARING TRUST FUND. 15 16 President Paust announced Ordinance No. 21-1980 has to be advertised. 17 18 The Clerk read on first reading by title only Ordinance No. 22-1980 - AN 19 ORDINANCE TO APPROPRIATE FROM THE-FEDERAL REVENUE SHARING TRUST FUND. 20 21 President Paust announced Ordinance No. 22-1980 has to be advertised. 22 23 The Clerk read on first reading by title only Ordinance No. 23-1980 - AN 24 ORDINANCE TO APPROPRIATE FROM THE FEDERAL REVENUE SHARING TRUST FUND. 25 26 President Paust announced Ordinance No. 23-1980 has to be advertised. 27 28 The Clerk read on first reading by title only Ordinance No. 24-1980 - AN 29 ORDINANCE TO APPROPRIATE FROM THE FEDERAL REVENUE SHARING TRUST FUND. 30 31 President Paust announced Ordinance No. 24-1980 has to be advertised. 32 33 The Clerk read on first reading by title only Ordinance No. 25-1980. .- AN 34 ORDINANCE AUTHORIZING A SPECIAL USE IN A R-3 ONE-TO-EIGHT FAMILY RESIDENCE 35 DISTRICT FOR AN ACCESSORY OFF-STREET PARKING FACILITY ON PROPERTY LOCATED 36 AT 123 SOUTH 7TH STREET, PURSUANT TO ARTICLES 48 AND 41.012 OF CHAPTER 22 37 OF THE MUNICIPAL CODE COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY 38 OF RICHMOND, INDIANA. 39 40 President Paust announced Ordinance No. 25-1980 is referred to the Plan 41 Commission. 42 43 The Clerk read on first reading by title only Ordinance No. 26-1980 - AN- 44 ORDINANCE AUTHORIZING AND APPROVING THE SALE OF CERTAIN UNIMPROVED REAL 45 ESTATE IN THE CITY OF RICHMOND, INDIANA. 46 47 Councilman Mills moved to suspend the rules and move Ordinance No. 26-1980 48 - to second reading, seconded by Councilman Welch and on unanimous voice vote 49 the motion was carried. 50 51 The Clerk read on second reading Ordinance No. 26-1980. 52 53 President Paust announced Ordinance No. 26-1980 is on public hearing. 54 Speaking for and giving a slide presentation for this Ordinance was Ms. Ann 55 Cline, 2711 South "G", Director of CCEMP. She noted two (2) solar homes are 56 to be constructed on the property described in the Ordinance. 57 58 Councilman Mills moved for engrossment of Ordinance No. 26-1980, seconded by 59 Councilman Welch and on unanimous voice vote the motion was carried. 60 61 Councilman Mills moved to suspend the rules and read Ordinance No. 26-1980 62 on third and final reading by title only, seconded by Councilman Welch and 63 on unanimous voice vote the motion was carried. 583 Common Council Minutes Cont. March 3, 1980 Page 3 1 The Clerk read on third reading by title only Ordinance No. 26-1980. • . 2 - 3 Ordinance No.. 26-1980 was placed on final passage or rejection and on a 4 call of the roll the following was recorded: Ayes: Elstro, Williams, Ahaus, 5 Hankinson, Welch, Parker, Carter, Mills and Paust. Noes: None. The vote 6 being nine (9) to zero (0) in favor of passage of Ordinance No. 26-1980. 7 8 The Clerk read on first reading by title only Ordinance No. 27-1980 - AN 9 ORDINANCE AUTHORIZING A SPECIAL USE IN A R-2 SINGLE-FAMILY RESIDENCE DIS- 10 TRICT FOR A NON-COMMERCIAL CLUB ON.PROPERTY LOCATED AT 2601 STRAIGHTLINE 11 PIKE, PURSUANT TO ARTICLE 48 AND 20.023 OF CHAPTER 22 OF THE MUNICIPAL CODE 12 COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA. _ 13 14 President Paust announced Ordinance No. 27-1980 is referred to the Plan 15 Commission. • 16 • 17 Committee of the Whole Chairman Mills noted his committee will be meeting 18 on Resolution No. 5-1980 at 7:00 p.m. March 10 in the Board -of Works Room. 19 20 The Clerk read on second reading Amended Ordinance No. 2-1980 - AN ORDI- 21 NANCE AUTHORIZING A SPECIAL US'E-IN AN R-3:ONE-TO-EIGHT FAMILY RESIDENCE 22 DISTRICT'FOR A MEDICAL AND/OR DENTAL OFFICE ON PROPERTY LOCATED AT' 1921 23 CHESTER BOULEVARD, PURSUANT TO ARTICLE 48 OF CHAPTER 22 OF THE MUNICIPAL 24 CODE COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIAN, . 25 26 Councilman Welch reported his Committee met concerning this Ordinance and 27 recommends the following: 28 29 - 1.r The site plan which is made a part of the Ordinance should 30 be dated, marked Exhibit A of Ordinance No. 2-1980. 31 • 32 2. Condition "c" recommended by the Planning Commission should 33 - be changed to read as follows: 34 • 35 "As a condition of granting the Special Use and prior to 36 . to the issuance of an Improvement Location- Permit, a:-fifty 37 (50) foot road. easement along the south property line shall 38 be granted to the City of Richmond until such time as a 39 - street is constructed, and said street is dedicated and • 40 accepted by the City." 41 • 42 3. Condition "d" as amended by the Council be adopted in 43 its amended form and conditions "e" and "f" asrecommended • 44 by the Planning Commission be adopted. 45 • - 46 4. That Ordinance No. 10-1980 be adopted as amended at the 47 Planning Commission meeting, Tuesday, February 26, 19.80. - 48 . . 49 Councilman Mills moved to make the.amendments as presented, seconded by 50 Councilman Parker and on unanimous voice vote the motion was carried. . 51 52 -President Paust announced Amended Ordinance No. 2-1980 is on public hear- 53 ing. Speaking against this Ordinance.was Mr. Al Dillon, 1304 Woodland 54 Trail, who stated he is now satisfied with the agreements. reached -by the 55 conditions. Speaking for this Ordinance was Mr. Stan Combs, Architect. 56 - - . 57 Councilman-Mills moved for engrossment of Amended Ordinance No. 2-1980, 58 seconded by Councilman Carter and on unanimous-voice vote the motion was 59 carried. . - 60 61 Councilman Mills moved to suspend 'the rules and read Amended Ordinance.No. 62 2-1980 on third and final reading by title only, seconded by Councilman 63 Carter and on unanimous voice vote the motion.was' carried. 584 Common Council Minutes Cont. March 3, 1980 Page 4 1 The Clerk read on third reading by title only Amended Ordinance No. 2-1980. 2 3 Amended Ordinance 1o. 2-1980 was placed on final passage or rejection and on 4 a call of the roll the following was recorded: Ayes:. Elstro, Williams, Ahaus, 5 Hankinson, Welch, .Parker, Carter, Mills and Paust. Noes: None. The vote 6 being nine (9) to zero .(0) in favor of passage of Amended Ordinance'No. 7 2-1980. 8 • 9 The Clerk read on second reading Ordinance No. 7-1980 - AN ORDINANCE AMENDING • 10 CHAPTER 22 OF THE MUNICIPAL CODE, BEING ORDINANCE NO. 2325-1968, COMMONLY 11 KNOWN AS THE ZONING ORDINANCE OF THE CITY. OF RICHMOND, INDIANA ADOPTED JUNE 12 3, 1968, PROVIDING. FOR THE REZONING -OF PROPERTY LOCATED ON BOSTON PIKE FROM 13 R-2 ONE-FAMILY RESIDENCE DISTRICT TO C-4 GENERAL BUSINESS DISTRICT. -14 • 15 President Paust noted the petitioner requested the petition be withdrawn at 16 the Plan Commission hearing. 17 . 18 Councilman Ahaus moved to strike Ordinance No. 7-1980, seconded by Councilman 19 Welch and on unanimous voice vote the motion was carried. 20 21 The Clerk read on second reading Ordinance No. 9-1980 - AN ORDINANCE AMENDING 22 CHAPTER 22 OF THE MUNICIPAL CODE, BEING ORDINANCE NO. 2325-1968, COMMONLY 23 KNOWN AS THE ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA ADOPTED JUNE 24 3, 1968, PROVIDING FOR THE REZONING OF PROPERTY LOCATED AT THE CORNER OF 25 WOODSIDE DRIVE AND HAYES ARBORETUM ROAD FROM C-4 GENERAL BUSINESS DISTRICT TO 26 C-2 COMMUNITY BUSINESS DISTRICT. • . 27 28 President Paust announced Ordinance No. 9-1980 is on public hearing. 29 Speaking for Ordinance No. 9-1980 was Mr. .Stan Combs, representing Louis 30. Jaffe. 31 32 President Paust noted the Plan Commission conducted a public hearing on 33 Tuesday, February 26, 1980 and voted nine (9) to one (1) to recommend 34 Ordinance No. 9-1980 be approved. 35 36 Councilman Ahaus moved for engrossment of Ordinance No. 9-1980, seconded by 37 Councilman Carter and on unanimous voice vote the motion was carried. 38' 39 Councilman Ahaus moved to suspend the rules and read Ordinance .No. 9-1980 40 on third and final reading by title only; seconded by Councilman Carter and . 41 on unanimous voice vote the motion was carried. 42 • 43 The Clerk read on third .reading by title only Ordinance No. 9-1980. 44 45 Ordinance No. 9-1980 was placed on final passage or rejection and on a call 46 of the ,roll the following was recorded: Ayes.: Elstro, Williams, Ahaus, 47 Hankinson, Welch, Parker, Carter and Paust. Noes: Mills. The vote being 48 eight (8) to one (1) in favor of passage of Ordinance No. 9-1980. 49 50 The Clerk read 'on :second reading Ordinance No.. 10-1980 - AN ORDINANCE AUTHOR- 51 IZING A SPECIAL USE IN AN R-3 ONE-TO-EIGHT FAMILY RESIDENCE DISTRICT FOR 52 MEDICAL AND/OR DENTAL OFFICES ON PROPERTY LOCATED AT 1915 CHESTER BOULEVARD, 53 PURSUANT TO ARTICLE 48 OF CHAPTER 22 OF THE MUNICIPAL CODE COMMONLY KNOWN AS 54 THE ZONING ORDINANCE.OF THE CITY OF RICHMOND, INDIANA. 55 56 President Paust noted the Plan Commission conducted a public hearing on Tues- 57 day, February 26, 1980 and voted ten (10) to zero . (0) to recommend Ordinance 58 No. 10-1980 but that condition "d" of Section 2 be amended to read as 59 follows: 60 61 d. In order to promote the general health, safety and welfare 62 and alleviate potential traffic safety hazards on Chester 63 Boulevard caused as a result of the subject Special Use 585 Common Council Minutes Cont. March 3, 1980 Page 5 • 1 being granted, the owners, leasees or any person,. firm 2 or corporation using .said real estate agree as a condition 3 of being granted .the Special Use, and as an additional __. 4 restriction on said use, to construct on the subject pro- 5 perty at 1915 Chester Boulevard an access drive and curb 6 cut on to Chester Boulevard to be compatible with City 7 standards. `However, in the event of Special Ordinance. '8 No. 2-1980 being approved, the owners' shall close said 9 access drive and curb cut on to Chester Boulevard and 10 agree to the following: 11 12 Councilman Welch moved amending Ordinance No. 10-1980 per. Plan Commission 13 recommendation, seconded'by Councilman Mills and on unanimous voice vote 14 the motion was carried. 15 • 16 President Paust stated Amended Ordinance No. 10-1980 is on' public hearing. 17 Speaking. for Amended Ordinance No. 10-1980 was Attorney Gayle Gardner, 18 .representing the petitioners. 19 20 Councilman Elstro moved for engrossment of .Amended Ordinance No. 10-1980, 21 seconded by Councilman Carter and on unanimous voice vote the motion was 22 carried. . 23 .24 Councilman Elstro moved to suspend the rules and read Amended Ordinance No. 25 10=1980 on third and final reading by title only, seconded by Councilman 26 Mills and on unanimous voice vote the motion was carried. 27 . 28 The Clerk read on third reading by. title only Amended Ordinance No, 10-1980. 29 30 Amended Ordinance No. 10-1980 was placed on final passage or rejection and 31 on a call of- the roll the. following was recorded.: Ayes: Elstro,. Williams, 32 Ahaus, Hankinson, Welch, Parker, Carter, Mills and Paust. .Noes:- ' None. 33 The vote being nine (9) to zero (0) in favor of passage of Amended Ordinance 34 No. 10-1980. • 35 . 36 The Clerk read on second reading Ordinance No. 11-1980 - AN ORDINANCE 37 AMENDING.CHAPTER 22 OF THE MUNICIPAL CODE, BEING ORDINANCE NO._ 2325-1968, 38 COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA 39 ADOPTED JUNE 3, 1968, PROVIDING FOR THE REZONING OF PROPERTY LOCATED AT . 40 NORTH 5TH AND "D!' STREETS FROM M-1 LIGHT INDUSTRIAL DISTRICT..TO .C-4 GENERAL 41 BUSINESS DISTRICT. 42 • 43 President Paust announced Ordinance -No. 11-1980 is on public_ hearing. 44 • 45 There being no one speaking for or against Ordinance No. 11-1980, Council- 46 man Elstro moved for engrossment, seconded by Councilman Welch and on 47 unanimous voice vote the motion was carried. 48 .. 49 Councilman Carter moved to suspend the rules and read Ordinance No. 11-1980 50 on third and final reading by title only, seconded by Councilman Parker and 51 on unanimous voice vote the motion was: carried. 52 53 The Clerk read on third reading by title only Ordinance No. 11-1980. 54 55 Ordinance No. 11-1980 was placed on final passage or rejection and on a 56 call of the roll the following was recorded: Ayes: Elstro, Williams, Ahaus, 57 Hankinson, Welch, Parker, Carter, Mills and Paust. Noes:' None:. The vote 58 being nine (9) to zero (0) in favor of passage of Ordinance. No. 11-1980. 59 • 60 The Clerk read 'on second reading Ordinance No. 12-1980 - AN ORDINANCE 61 AUTHORIZING A RESIDENTIAL DEVELOPMENT UNIT PROJECT LOCATED AT 422. SOUTH . 62 SEVENTH STREET PURSUANT TO ARTICLES 48'"AND 45 OF CHAPTER 22 OF THE MUNICI- 63 PAL CODE, BEING ORDINANCE NO. 2325-1968 COMMONLY KNOWN AS THE ZONING ORDI- 64 NANCE OF THE CITY OF RICHMOND, INDIANA. 586 Common Council Minutes Cont. March 3, 1980 Page 6 1 President Paust announced Ordinance No. 12-1980. is on public hearing. 2 3 There being no one speaking for or against Ordinance No. 12-1980, Councilman 4 Mills moved for engrossment, seconded by .Councilman Carter and on unanimous 5 voice vote the motion was carried. 6 7 Councilman Welch moved to. suspend the rules and read. Ordinance No. 12-1980 8 on third :and .final reading by title only, seconded by Councilman Carter and 9 on unanimous voice vote the motion was carried.. 10 ' 11 The Clerk read on third reading by title only .Ordinance No. 12-1980. 12 13 Ordinance No. 12-1980 was. placed• on final passage or rejection and on a call 14 of the roll the following was recorded: Ayes: Elstro, Williams, Ahaus, 15 Hankinson, Welch, Parker, Carter, Mills and Paust. Noes: None. The vote 16 being:nine (9) to zero (0) in favor of passage of Ordinance No. 12-1980. 17 18 The Clerk read on second reading Ordinance No. 13-1980 - AN ORDINANCE TO 19 APPROPRIATE WITHIN THE GENERAL FUND. 20 • 21 City Attorney Ed Anderson examined proof of publication and found it to be 22 in order. Councilman Mills moved the proof be accepted and filed, seconded. 23 by Councilman Welch and on unanimous voice vote the motion was carried. 24 . 25 President Paust announced Ordinance .No. 13-1980 is on public hearing. 26 27 There being no one speaking for or against Ordinance No. 13-1980, Councilman 28 Mills moved for engrossment, seconded by Councilman Carter and on unanimous 29 voice vote the motion was carried. 30 . 31 Councilman Mills moved to.suspend the rules. and read Ordinance No. 13-1980 on 32 third and final reading by title only, seconded by Councilman Carter and on 33 unanimous voice vote the motion was carried. 34 35 The Clerk read on third reading by title only Ordinance No. 13-1980. 36 . 37 Ordinance No. 13-1980. was placed on final passage or rejection and on a call ' 38 of the roll the' followingwas recorded: Ayes: .Elstro, Williams, Ahaus, 39 Hankinson, Welch, Parker, Carter, Mills and Paust._ Noes: None. The vote 40 ' being nine. (9) to zero (0) in favor of passage of 'Ordinance No. 13-1980. 41 42 Councilman Mills moved to suspend the rules and read Amended Ordinance No. 43 8-1980 on third reading by' title only, seconded by Councilman Welch and on 44 unanimous voice vote the motion was carried. 45 46 The Clerk read- on third reading by title only Amended Ordinance No. 8-1980 - 47 AN ORDINANCE ESTABLISHING A NEW SCHEDULE OF RATES FOR SERVICE RENDERED BY 48 RICHMOND POWER AND LIGHT, THE MUNICIPAL ELECTRIC UTILITY SYSTEM OF THE CITY 49 OF RICHMOND, INDIANA AND MATTERS RELATED THERETO. 50 . . . 51 Amended Ordinance No.- 8-1980 was placed on final passage or rejection and 'on 52 a call of the roll the following was recorded: Ayes: Elstro, Williams, 53 Ahaus, Welch, Parker and Paust. Noes: Hankinson, Carter and Mills. The vot. 54 being six (6) to three (3) in favor of passage of Amended Ordinance No. 55 8-1980. 56 57 There being no further business on motion duly made, seconded and passed the 58 meeting was adjourned. 59 60 Kenneth Paust 62 President 62 63 ATTEST: JoEllen Trimble 64 City Clerk