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HomeMy Public PortalAbout08-06-1979 523 PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA, AUGUST 6, 1979 1 The Common Council of the City of Richmond, Indiana, met in regular 2 session August 6, 1979 at the hour of 7:30 p.m. in the Council Chambers 3 in the Municipal Building in said City. President Paust presided with the 4 following members present: Messrs. Elstro, Williams, Ahaus, Austerman, 5 Whitesell, Mills, Carter and Welch. Absent: None. The following business 6 was had, to-wit: ; 7 8 Councilman.Williams gave devotions. 9 10 Councilman Williams moved to approve the minutes of the previous meeting 11 as prepared, seconded by Councilman Mills and on unanimous voice vote, the 12 motion was carried. 13 14 Councilman Williams presented a petition dated August 6, 1979 from residents_ 15 in River Court to make the necessary street and sidewalk improvements in 16 their area. It stated they feel they qualify under the Community Developmen 17 program and they were not included in the twelve (12) areas where constructi n 18 work has been done. The petition was signed by fifteen (15) residents of 19 the area. Speaking for this petition was Mr. Robert Florence, 1 River Court.. 20 Board of Works President Don Meredith stated the Board has been looking at 21 this area and the area cannot qualify for Federal Funds as this is classifie 22 as a flood plain. It was suggested Mr. Florence check with City Planning 23 and contact the Corps of Engineers as to this classification. 24 25 Councilman Mills moved to suspend the rules and read Resolution Nos. 15-1979 26 16-1979 and 17-1979 by title only, seconded by Councilman Elstro and on 27 unanimous voice vote, the motion was carried. III 28 29 The Clerk read by title only Resolution No. 15-1979 - A RESOLUTION OF THE CITY 30 OF RICHMOND TO INDUCE BELDEN CORPORATION TO CONSTRUCT AND ERECT AN ECONOMIC 31 DEVELOPMENT FACILITY, AND TO UNDERTAKE TO SELL AND DELIVER REVENUE BONDS TO 32 PAY THE COSTS THEREOF, AND OTHER MATTERS RELATING THERETO. 33 34 Councilman Mills stated he has worked at Belden thirty-seven (37) years and 35 , will be voting on this Resolution. 36 37 Councilman Williams moved for adoption of Resolution No. 15-1979, seconded 38 by Councilman Austerman and on unanimous voice vote, the motion was carried. 39 40 The Clerk read by title only Resolution No. 16-1979 - A RESOLUTION AMENDING 41 RESOLUTION No. 14-1979, "A RESOLUTION OF THE CITY OF RICHMOND TO INDUCE 42 PRIMEX PLASTICS CORP . TO LOCATE A NEW FACILITY IN THE CITY OF RICHMOND, 43 INDIANA, AND TO UNDERTAKE TO SELL AND DELIVER REVENUE BONDS TO PAY THE COSTS 44 OF MAKING CERTAIN LEASEHOLD IMPROVEMENTS AND ACQUIRING CERTAIN MACHINERY AND 45 EQUIPMENT, AND OTHER MATTERS RELATING THERETO'). 46 47 Councilman Williams moved for adoption of Resolution No. 16-1979, seconded 48 by Councilman Elstro and on unanimous voice vote, the motion was carried. 49 50 The Clerk read by title only Resolution No. 17-1979 .- A RESOLUTION TO TRANS,ER 51 WITHIN THE GENERAL FUND. III 52 53 Councilman Austerman moved for adoption of Resolution No. 17-1979, seconded 54 by Councilman Mills and on unanimous voice vote, the motion was carried. 55 56 Councilman Mills moved to suspend the rules and read Ordinance No. 67-1979 57 through Ordinance No. 82-1979 on first reading by title only, seconded by 58 Councilman Ahaus and on unanimous voice vote, the motion was carried. 524 Common Council Minutes Cont. August 6, 1979 Page 2 1 City Attorney Ed Anderson explained the "Conflict of Interest" law noting 2 under previous statutes individuals with an interest in the matter have 3 disqualified themselves and could not sell to the City of Richmond.. Under 4 the new law, anyone can participate by making "full disclosure" of his 5 interest. Mr. Anderson suggested anyone with any interest in any business 6 wishing to sell to the City should address a letter to the Board of Public 7 Works. 8 9 The Clerk read on first reading by title only Ordinance No. 67-1979 - AN 10 ORDINANCE AMENDING CHAPTER 22 OF THE MUNICIPAL CODE, BEING ORDINANCE NO. 11 2325-1968, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF RICHMOND, 12 INDIANA, ADOPTED JUNE 3, 1968, PROVIDING FOR THE REZONING OF PROPERTY LOCATED 13 AT 2405 NEW PARIS PIKE FROM R-2 ONE-FAMILY RESIDENCE DISTRICT TO M-2 GENERAL 14 INDUSTRIAL DISTRICT. 15 16 President Paust announced Ordinance No. 67-1979 is referred to the Plan 17 Commission. 18 19 The Clerk read on first reading by title, only Ordinance No. 68-1979 - AN 20 ORDINANCE AMENDING CHAPTER 22 OF THE MUNICIPAL CODE, BEING ORDINANCE NO. 21 2325-1968, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF RICHMOND, 22 INDIANA, ADOPTED JUNE 3, 1968, PROVIDING FOR THE REZONING OF PROPERTY 23 LOCATED AT 2030 CHESTER BOULEVARD FROM R-3 ONE-TO-EIGHT FAMILY RESIDENCE DIST• CT 24 TO R-4 MULTI-FAMILY RESIDENCE DISTRICT. 25 26 President Paust announced Ordinance No. 68-1979 is referred to the Plan 27 Commission. 28 29 The Clerk read on first reading by title only Ordinance. No. 69-1979 - AN 30 ORDINANCE APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF 31 THE SEVERAL DEPARTMENTS OF THE CITY GOVERNMENT OF THE CITY OF RICHMOND, 32 INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1980. AND ENDING DECEMBER 33 31, 1980, INCLUSIVE, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND 34 FIXING THE TIME WHEN THE SAME SHALL TAKE EFFECT. 35 36 President Paust announced Ordinance No. 69-1979 is referred to the Committee 37 of the Whole. 38 39 Committee of the Whole Chairman Mills stated budget hearings will be held 40 Tuesday, August 14 and Wednesday, August 15 in the Board of Works Room at the 41 City Building. A schedule of times will be forwarded to Department Heads. 42 43 The Clerk read on first reading by title only Ordinance No. 70-1979 - AN 44 ORDINANCE TO APPROPRIATE THE SUM OF NINE HUNDRED FOUR THOUSAND FOUR HUNDRED 45 FIFTY-TWO DOLLARS ($904,452) FROM THE MOTOR VEHICLE HIGHWAY FUND OF THE CITY 46 OF RICHMOND, WAYNE COUNTY, INDIANA, FOR THE PURPOSE OF DEFRAYING THE EXPENSE 47 OF THE MOTOR VEHICLE HIGHWAY FUND OF SAID CITY FOR THE CALENDAR YEAR 1980 48 BUDGETING THE SAME, LIMITING THE USE THEREOF AND FIXING THE TIME WHEN SAME 49 SHALL TAKE EFFECT. 50 51 President Paust announced Ordinance No. 70-1979 is referred to the Committee 52 of the Whole. 53 54 The Clerk read on first reading by title only Ordinance No. 71-1979 - AN 55 ORDINANCE APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSE OF 56 P-ARK AND RECREATION DEPARTMENT OF THE CITY OF RICHMOND, INDIANA, FOR THE FISC: 57 YEAR BEGINNING JANUARY 1, 1980 AND ENDING DECEMBER 31, 1980, INCLUSIVE, AND 58 FIXING THE TIME WHEN THE SAME SHALL TAKE EFFECT. 59 60 President Paust announced Ordinance No. 71-1979 is referred to the Committee 61 of the Whole. 525 Common Council Minutes Cont. August 6, 1979 Page 3 1 The Clerk read on first reading by title only Ordinance No. 72-1979 - AN 2 ORDINANCE APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF 3 THE REDEVELOPMENT DISTRICT BOND FUND 1ST ISSUE OF THE CITY OF RICHMOND, II4 INDIANA, FOR THE FISCAL YEAR COMMENCING JANUARY 1, 1980 AND ENDING DECEMBER 5 31, 1980, INCLUSIVE, AND FIXING THE TIME WHEN THE SAME SHALL TAKE EFFECT. 6 7 President Paust announced Ordinance No. 72-1979 is referred to the Committee 8 of the Whole. 9 10 The Clerk read on first reading by title only Ordinance No. 73-1979 - AN 11 ORDINANCE APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF 12 OPERATING THE. MUNICIPAL AIRPORT OF THE CITY OF RICHMOND, INDIANA, FOR THE 13 FISCAL YEAR BEGINNING JANUARY 1, 1980 AND. ENDING DECEMBER 31, 1980, INCLUSIV' , 14 AND FIXING THE TIME WHEN THE SAME SHALL TAKE EFFECT. 15 16 President Paust announced Ordinance No. 73-1979 is referred to the Committee ' 17 of the Whole. - 18 19 - . The Clerk read on first reading by title only Ordinance No. 74-1979 - AN 20 ORDINANCE FIXING THE RATE AND AMOUNT OF TAXES FOR MUNICIPAL PURPOSES TO BE 21 LEVIED ON PROPERTY WITHIN THE CITY OF RICHMOND, WAYNE COUNTY, INDIANA, 22 FOR THE YEAR 1980 AND PROVIDING FOR THE TAKING EFFECT THEREOF. 23 24 . President Paust announced Ordinance No. 74-1979 is referred to the Committee 25 of the Whole. 26 27 The Clerk read on first reading by title only Ordinance No. 75-1979 - AN 28 ORDINANCE FIXING CERTAIN BENEFITS UNDER THE FIREMEN'S PENSION FUND FOR THE 29 CITY OF RICHMOND, INDIANA. 30 31 President Paust announced Ordinance No. 75-1979 is referred to the Committee 32 of the Whole. 33 34 The Clerk read on first reading by title only Ordinance No. 76-1979 = AN 35 ORDINANCE OF THE CITY OF RICHMOND AUTHORIZING THE CONSENT OF THE CITY TO THE 36 ASSIGNMENT OF A CERTAIN SUBLEASE, A PART OF A FINANCING AGREEMENT UNDER WHICH 37 RICHMOND ECONOMIC DEVELOPMENT FIRST MORTGAGE REVENUE BONDS, SERIES 1978 38 (DEVELOPMENT CORPORATION OF RICHMOND)WERE ISSUED AND SOLD. 39 40 Councilman Mills moved to suspend the rules and read Ordinance No. 76-1979 41 on second reading, seconded by Councilman Welch and on unanimous voice vote, 42 the motion was carried. 43 44 The Clerk read on second reading Ordinance No. 76-1979. 45 46 Speaking for Ordinance No. 76-1979 was Attorney Andrew Cecere. 47 48 Councilman Mills moved for engrossment of Ordinance No. 76-1979, seconded by 49 Councilman Austerman and on unanimous voice vote, the motion was carried. 50 51 Councilman Mills moved to suspend the rules and move Ordinance No. 76-1979 52 to third and final reading by title only, seconded by Councilman Austerman 11/ 53 and on unanimous voice vote, the motion was carried. 54 . 55 The Clerk read on third reading by title only Ordinance No. 76-1979. 56 57 Ordinance No. 76-1979 was placed on final passage or rejection and on a call 58 of the roll, the following was recorded: Ayes: Elstro, Williams, Ahaus, 59 Austerman, Whitesell, Mills, Carter, Welch and Paust. Noes: None. The vote 60 being nine (9) to zero (0) in favor of passage of Ordinance No. 76-1979. 526 Common Council Minutes Cont. August 6, 1979 Page 4 1 The Clerk read on first reading by title only Ordinance No. 77-1979 - AN 2 ORDINANCE TO APPROPRIATE WITHIN THE GENERAL FUND. 3 4 President Paust announced Ordinance No. 77-1979 has to be advertised. 5 6 The Clerk read on first reading by title only Ordinance No. 78-1979 - AN 7 ORDINANCE TO APPROPRIATE WITHIN THE MOTOR VEHICLE HIGHWAY FUND. 8 9 President Paust announced Ordinance No. 78-1979 has to be advertised. 10 11 The Clerk read on first reading by title only Ordinance No. 79-1979 - AN 12 ORDINANCE TO APPROPRIATE WITHIN THE PARKING METER FUND. 13 14 President Paust announced Ordinance No. 79-1979 has to be advertised. 15 16 The Clerk read on first reading by title only Ordinance No. 80-1979 - AN 17 ORDINANCE TO APPROPRIATE FROM THE FEDERAL REVENUE SHARING TRUST FUND. 18 19 President Paust announced Ordinance No. 80-1979 has to be advertised. 20 21 The Clerk read on first reading by title only Ordinance No. 81-1979 - AN 22 ORDINANCE TO APPROPRIATE FROM THE FEDERAL REVENUE SHARING TRUST FUND. 23 24 President Paust announced Ordinance No. 81-1979 has to be advertised. 25 26 The Clerk read on first reading by title only Ordinance No. 82-1979 - AN 27 ORDINANCE TO AMEND ORDINANCE NO. 2858-1973 KNOWN AS AN ORDINANCE REGULATING 28 WASTE WATER TREATMENT FOR THE SANITARY DISTRICT OF THE CITY OF RICHMOND, 29 INDIANA. 30 31 Councilman Mills moved to suspend the rulea and read Ordinance No. 82-1979 32 on second reading, seconded by Councilman Welch and on unanimous voice vote, 33 the motion was carried. 34 35 The Clerk read on second reading Ordinance No. 82-1979. 36 37 Speaking for Ordinance No. 82-1979 was Attorney Robert Hudson who prepared 38 the Ordinance for the Richmond Sanitary District. 39 40 Councilman Austerman moved for engrossment of Ordinance No. 82-1979, seconded 41 by Councilman Welch and on unanimous voice vote, the motion was carried. 42 43 Councilman Austerman moved to suspend the rules and read Ordinance No. 82-19V9 44 on third and final reading by title only, seconded by Councilman Welch and 45 on unanimous voice vote, the motion was carried. 46 47 The Clerk read on third reading by title only Ordinance No. 82-1979. 48 49 Ordinance No. 82-1979 was placed on final passage or rejection and on a call 50 of the roll, the following was recorded:. Ayes: Elstro, Williams, Ahaus, 51 Whitesell, Mills, Carter, Welch and Paust. Noes: Austerman. The vote 52 being eight (8) to one (1) in favor of passage of Ordinance No. 82-1979. 53 54 The Clerk read on second reading Ordinance No. 60-1979 - AN ORDINANCE 55 AMENDING CHAPTER 22 OF THE MUNICIPAL CODE, BEING ORDINANCE NO. 2325-1968, 56 COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA 57 ADOPTED JUNE 3, 1968, PROVIDING FOR THE REZONING OF THE RICHMOND MUNICIPAL 58 AIRPORT FROM R-1 SINGLE FAMILY RESIDENCE DISTRICT TO AZ AIRPORT ZONE DISTRICT 59 AND AIP AIRPORT INDUSTRIAL PARK DISTRICT. 60 61 Speaking for Ordinance No. 60-1979 and presenting petitions was Attorney 62 Robert Hudson, representing the Board of Aviation Commissioners. 527 Common Council Minutes Cont. August 6, 1979 Page 5 1 Director of City Planning Robert Goodwin presented the recommendation of the 2 Plan Commission, who conducted a public hearing on June 26, 1979 and July 3 ' 24, 1979. It was the consensus of the Plan Commission that prior to the 4 rezoning of any Airport property to the AIP Airport Industrial Park District, 5 Article 37 of the Zoning Ordinance, which established the Airport Industrial 6 Park District, should be amended to more specifically define the types of 7 uses permitted and to more specifically define the development standards 8 required of such uses. The Plan Commission determined that, for the present; 9 the entire airport should be zoned AZ Airport Zone District. This change 10 in zoning would place the airport in the appropriate zoning district and not 11 jeopardize any future state or federal grants. The Plan Commission voted 12 nine (9) to zero (0) to recommend the Ordinance be adopted, but with an 13 amendment to delete that section of the Ordinance which would rezone 68.57 14 acres of airport property to the AIP District. 15 16 City Attorney Ed Anderson stated he does not believe that this Ordinance, 17 however it is changed, has to be referred back to the Plan Commission. 18 19 Councilman Carter moved to amend Ordinance No. 60-1979- to delete the 20 Airport Industrial Park District, seconded by Councilman Elstro. On a 21 call of the roll, the following was recorded: Ayes: Elstro, Williams, 22 Whitesell and Carter. Noes: Ahaus, Austerman, Mills, Welch and Paust. 23 The vote being four (4) to five (5) in favor of the amendment; therefore, 24 the amendment was defeated. 25 26 Councilman Mills moved to table Ordinance No. 60-1979, seconded by 27 Councilman Elstro. On voice vote, the motion was carried with Councilmen III28 Ahaus and Welch voting no. 29 - 30 The Clerk read on second reading .Ordinance No. 63-19,79 AN ORDINANCE TO 31 ANNEX TO THE- CITY OF RICHMOND, INDIANA, CERTAIN TERRITORY CONTIGUOUS 32 THERETO, DESCRIBING THE SAME, PROVIDING FOR THE PUBLICATION THEREOF, AND 33 FIXING THE TIME WHEN THE SAME SHALL TAKE EFFECT. 34 35 Deputy Director of City Planning Dan Dooley reported the Plan Commission 36 conducted a public hearing on July 24, 1979 on Ordinance No. 63-1979 and 37 voted nine (9) to zero (0) to recommend the Ordinance be adopted. 38 39 Councilman Mills moved for engrossment of Ordinance No. 6.3-1979, seconded 40 by Councilman Welch and on unanimous voice vote, the motion was carried. 41 42 Councilman Mills moved to suspend the rules and read Ordinance No. 63-1979 43 on third and final reading by title only, seconded by Councilman Austerman 44 and on unanimous voice vote, the motion was carried. 45 46 The Clerk read on third reading by title only Ordinance No. 63-1979. 47 48 Ordinance No. 63-1979 was placed on final passage or rejection and on a 49 call of the roll, the following was' recorded: Ayes: Elstro, Williams, 50 Ahaus, Austerman, Whitesell, Mills, , Carter, Welch and Paust. Noes: None. 51 The vote being nine (9) to zero (0) in favor of passage of Ordinance No. 52 63-1979. 53 54 The Clerk read on second reading Ordinance No. 66-1979 - AN ORDINANCE TO 55 APPROPRIATE WITHIN THE GENERAL FUND. 528 Common Council Minutes Cont. August 6, 1979 Page 6 1 Councilman Carter, Chairman of the Transportation, Community Development & 2 Community Service Committee reported his Committee met concerning Ordinance 3 No. .66-1979 and recommends that the presented Ordinance be passed to finish 4 up this year and then that, if they later ask for one-third of their budget, 5 the Committee requests Don Meredith to place a Revenue Sharing Fund request. 6 Mr. Meredith stated they are already in the proposed budget under Council 7 contingecies. 8 9 Councilman Austerman moved the report be accepted, seconded by Councilman 10 Ahaus and on unanimous voice vote, the motion was carried. 11 12 City Attorney Ed Anderson examined proof of publication for Ordinance No. 13 66-1979 and found it to be in order. Councilman Mills moved to accept and file 14 the proof, seconded by Councilman Ahaus and on unanimous voice vote., the motion 15 was carried. 16 17 Speaking for Ordinance No. 66-1979 was Mr. Gene Darby, Richmond State Hospita , 18 representing the Hospital and the United Way Board. 19 20 Councilman Mills moved for engrossment of Ordinance No. 66-1979, seconded by 21 Councilman Ahaus and on unanimous voice vote, the motion was carried. 22 23 Councilman Ahaus moved to suspend the rules and read Ordinance No. 66-1979 24 on third and final reading by title only, seconded by Councilman Williams 25 and on unanimous voice vote, the motion was carried. 26 27 The Clerk read on third reading by title only Ordinance No. 66-1979. 28 29 Ordinance No. 66-1979 was placed on final passage or rejection and on a call 30 of the roll, the following was recorded: Ayes: Elstro, Williams, Ahaus, 31 Austerman, Whitesell, Mills, Carter, Welch and Paust. Noes: None. The 32 vote being nine (9) to zero (0) in favor of passage of Ordinance No. 66-1979. 33 34 There being no further business on motion duly made, seconded and passed, 35 the meeting was adjourned. 36 37 Kenneth Paust 38 President 39 40 ATTEST: JoEllen Trimble 41 City Clerk