HomeMy Public PortalAbout06-04-1979 505
PROCEEDINGS OF THE COMMON COUNCIL OF THE
CITY OF RICHMOND, INDIANA, JUNE 4, 1979
1 The Common Council of the City of Richmond, Indiana, met in regular session
2 June 4, 1979 at the hour of 7:30 p.m. in the Council Chambers in the
III3 Municipal Building in said City. President Paust presided with the followin_
4 members present: Messrs. Elstro, Williams, Ahaus, Austerman, Whitesell,
5 Mills, Carter and Welch. Absent: None. The following business was had,
6 to-wit:
7
8 President Paust gave devotions.
9
10 Councilman Williams moved to approve the minutes of the previous meeting as
11 p'repared, seconded by Councilman Whitesell and on unanimous voice vote, the
12 motion was carried.
13
14 Mr. General Mays, 1400 South 8th, appeared before Council complaining about
15 a trash and employees parking problem from Kempers.
16
17 Councilman Williams brought to the attention of the Board of Works weed
18 problems at North 4th and "B", North llth and "I" and North 15th and "F".
19
20 Councilman Carter reported a tree that needs to be removed at 414 South
21 13th Street. Park Superintendent Don McBride stated this tree is on the
22 list to be removed.
23
24 Councilman Austerman asked if it be noted in the minutes that Police Officer
25 Jon Carrico has been selected as one of the Outstanding Veterans of the
26 Vietnam War. Congratulations are extended for that award.
27
III28 Councilman Mills moved to suspend the rules and read Ordinance Nos. 53-1979,
29 54-1979, 55-1979, 56-1979 and 57-1979 on first reading by title only,
30 seconded by Councilman Williams and on unanimous voice vote, the motion was
31 carried.
32
33 The Clerk read on first reading by title only Ordinance No. 53-1979 - AN
34 ORDINANCE AMENDING CHAPTER 22 OF THE MUNICIPAL CODE, BEING ORDINANCE NO.
35 2325-1968, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF RICHMOND,
36 INDIANA ADOPTED JUNE 3, 1968, PROVIDING FOR THE REZONING OF CERTAIN PROPERTY
37 WITHIN THE TWO-MILE FRINGE JURISDICTIONAL AREA LOCATED IN WEBSTER AND WAYNE
38 TOWNSHIPS FROM C-2 COMMUNITY BUSINESS DISTRICT TO C-4 GENERAL BUSINESS
39 DISTRICT.
40
41 Deputy Director of Community Development Dan Dooley stated the Plan Commissi n
42 held a public hearing on Tuesday, May 22, 1979 and voted nine (9) to zero
43 (0) to recommend that Ordinance No. 53-1979 be written and submitted to
44 Common Council with the recommendation for approval.
45
46 President Paust announced this Ordinance will not go back to the Plan
47 Commission and could move on.
48
49 Councilman Mills moved to suspend the rules and read Ordinance No. 53-1979 o
50 second reading, seconded by Councilman Welch and on unanimous voice vote, th=
51 motion was carried.
52
53 The Clerk read on second reading Ordinance No. 53-1979.
54
55 Councilman Mills moved for engrossment of Ordinance No. 53-1979, seconded by
56 Councilman Welch and on unanimous voice vote, the motion was carried.
57
58 Councilman Welch moved to suspend the rules and read Ordinance No. 53-1979
59 on third and final reading by title only, seconded by Councilman Mills and
60 on unanimous voice vote, the motion was carried.
506
Common Council Minutes Cont.
June 4, 1979
Page 2
1 The Clerk read on third reading by title only Ordinance No. 53-1979.
2
3 Ordinance No. 53-1979 was placed_ on final passage or rejection and on a call
4 of the roll, the following was recorded: Ayes: Elstro, Williams, Ahaus,
5 Austerman, Whitesell, Mills, Carter, Welch and Paust. Noes: None. The vote
6 being nine (9) to zero (0) in favor of passage of Ordinance No. 53-1979.
7
8 The Clerk read on first reading by title only Ordinance No. 54-1979 - AN
9 ORDINANCE AMENDING CHAPTER 22 OF THE MUNICIPAL CODE, BEING ORDINANCE NO.
10 2325-1968, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF RICHMOND,
11 INDIANA ADOPTED JUNE 3, 1968, PROVIDING FOR THE REZONING OF THE PROPERTIES
12 LOCATED AT 1027, 1029, 1033. 1100, 1101, 1109, 1112, 1201, 1203, 1204, 1206 &
13 1209 -SOUTH 5TH STREET, 491 SOUTH "K" STREET, AND =501 503_'AND 514 SOUTH "L" STREET
14 FROM R-3 ONE-TO-EIGHT FAMILY RESIDENCE DISTRICT AND C-1=NEIGHBORHOOD BUSINESS
15 DISTRICT TO C-2 COMMUNITY BUSINESS DISTRICT.
16 President Paust announced Ordinance No. 54-1979 is referred to the Plan
17 Commission.
18
19 The Clerk read on first reading by title only Ordinance No. 55-1979 - AN
20 ORDINANCE AUTHORIZING A SPECIAL USE IN AN R-2 ONE-FAMILY RESIDENCE DISTRICT
21 FOR A MEDICAL AND/OR DENTAL OFFICE ON PROPERTY LOCATED AT 1851 SOUTHWEST "A"
22 STREET, PURSUANT TO ARTICLE 48 OF CHAPTER 21 OF THE MUNICIPAL CODE COMMONLY
23 KNOWN AS THE ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA.
24
25 President Paust announced Ordinance No. 55-1979 is referred to the Plan
26 Commission.
27
28 The Clerk read on first reading by title only Ordinance No. 56-1979 - AN
29 ORDINANCE OF THE. CITY OF RICHMOND AUTHORIZING THE ACQUISITION AND FINANCING
30 OF INDUSTRIAL FACILITIES, THE ISSUANCE AND SALE OF REVENUE BONDS TO PAY THE
31 COST THEREOF, AND THE LEASING OF SUCH FACILITIES TO AHAUS TOOL CO., INC.,
32 AND OTHER MATTERS RELATING THERETO.
33
34 Councilman Mills moved to suspend the rules and read Ordinance No. 56-1979
35 on second reading, seconded by Councilman Williams and on voice vote, the
36 motion was carried. Councilman Ahaus abstained.
37
38 Councilman Ahaus requested permission to be excused from voting on this
39 Ordinance as he has an interest in the company. There being no objections,
40 the request was granted.
41
42 Speaking for Ordinance No. 56-1979 was Attorney Andrew Cecere, representing
43 Ahaus Tool Co. , Inc.
44
45 Councilman Mills moved for engrossment of Ordinance No. 56-1979, seconded
46 by Councilman Elstro and on unanimous voice vote, the motion was carried.
47
48 Councilman Mills moved to suspend the rules and read Ordinance No. 56-1979 on
49 third and final reading by title only, seconded by Councilman Elstro and
50 on unanimous voice vote, the motion was carried.
51
52 The Clerk read on third reading by title only Ordinance No. 56-1979.
53
54 Ordinance No. 56-1979 was placed on final passage or rejection and on a call
55 of the roll, the following was recorded: Ayes: Elstro, Williams, Austerman,
56 Whitesell, Mills, Carter, Welch and Paust. Noes: None. The vote being
57 _eight (8) to zero (0) in favor of passage of Ordinance No. 56-1979.
58
59 The Clerk read on first reading by title only Ordinance No. 57-1979 - AN
60 ORDINANCE TO APPROPRIATE FROM THE FEDERAL REVENUE SHARING TRUST FUND.
507
Common Council Minutes Cont.
June 4, 1979
Page 3
1 President Paust announced Ordinance No. 57-1979 has to be advertised.
2
3 The Clerk read on second reading Ordinance No. 35-1979 - AN ORDINANCE AMENDING
4 CHAPTER 22 OF THE MUNICIPAL CODE, BEING ORDINANCE NO. 2325-1968, COMMONLY
5 KNOWN AS THE ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA, ADOPTED JUNE
6 3, 1968, PROVIDING FOR THE REZONING OF PROPERTY LOCATED AT 1851 SOUTHWEST "A'
7 STREET FROM R-2 ONE-FAMILY RESIDENCE DISTRICT TO R-3 ONE-TO-EIGHT FAMILY
8 RESIDENCE DISTRICT.
9
10 President Paust noted from a letter from the Department of City Planning tha
11 the Plan Commission met May 22, 1979 and voted nine (9) to zero (0) to recommend
12 that Ordinance No. 35-1979 be stricken.
13
14 Councilman Mills moved to strike Ordinance No. 35-1979, seconded by Council n
15 Welch and on unanimous voice vote, the motion was. carried.
16
17 The Clerk read on second reading by title only:Ordinance No. 42-1979 - AN
18 ORDINANCE AMENDING CHAPTER 22 OF THE MUNICIPAL CODE, BEING ORDINANCE NO.
19 2325-1968, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF RICHMOND,
20 INDIANA, ADOPTED JUNE 3, 1968, PROVIDING FOR THE REZONING OF PROPERTY LOCATEI
21 AT 630 SOUTH "M" STREET AND 710 SOUTH "M" STREET FROM M-1 LIGHT INDUSTRIAL
22 DISTRICT TO M-2 GENERAL INDUSTRIAL DISTRICT.
23
24 Councilman Ahaus requested being allowed to abstain from voting on Ordinance
25 No. 42-1979 as he has an interest in Ahaus Tool Co., Inc. There being no
26 objections, the request was granted.
27
28 A letter from the Plan Commission noted they met May 22 and voted nine (9)
111 29 to zero (0) recommending approval of Ordinance No. 42-1979.
30
31 Speaking for Ordinance No. 42-1979 was Attorney Gayle Gardner, 304 Peoples
32 Building, representing Mr. & Mrs. Jack Edelman of the Recycling Center,
33 Monte Muff and Ahaus Tool Co. , Inc.
34
35 Councilman Mills moved for engrossment of Ordinance No. 42-1979, seconded
36 by Councilman Williams and on unanimous voice vote, the motion was carried.
37
38 Councilman Mills moved to suspend the rules and read Ordinance No. 42-1979
39 on third and final reading by title only, seconded by Councilman Carter and
40 on unanimous voice vote, the motion was carried.
41
42 The Clerk read on third reading by title only Ordinance No. 42-1979.
43
44 Ordinance No. 42-1979 was placed on final passage or rejection and on a call
45 of the roll, the following was recorded: Ayes: Elstro, -Williams, Austerman
46 Whitesell, Mills, Carter, Welch and Paust. Noes: None. The vote being
47 eight (8) to zero (0) in favor of passage of Ordinance No. 42-1979.
48
49 The Clerk-read on second `reading by title only 'Ordinance-No. 43-1979 - - AN
50 ORDINANCE AUTHORIZING A SPECIAL USE IN A C-1 NEIGHBORHOOD BUSINESS DISTRICT
51 FOR A RESTAURANT ON PROPERTY LOCATED AT 1390 NATIONAL ROAD WEST, PURSUANT TO
52 ARTICLE 48 OF CHAPTER 30 OF THE MUNICIPAL CODE COMMONLY KNOWN AS THE ZONING
53 ORDINANCE OF THE CITY OF RICHMOND, INDIANA.
54
55 The City Plan Commission met on May 22 and voted eight (8) to one (1) to
56 recommend approval of Ordinance No.-.43-1979 with the following five (5)
57 conditions:
508
Common Council Minutes Cont.
June 4, 1979
Page 4
1 1. The site plan accompanying the petition be identified
2 as Exhibit "A" and made a part of Ordinance No. 43-1979.
3 2. The Special Use authorization shall be considered null
4 and void should the Special Use cease for a period of one (1)
5 year or more.
6 3. A solid fence at least four (4) feet in height shall
7 be erected on the north property line to shield the
8 use from adjoining property.
9 4. Trash containers and dumpsters shall be provided with
10 lids or covers and located so as to allow them to be
11 effectively screened from public view with a solid
12 fence at least six (6). feet in height.
13 5. Light of vehicles in the parking lot shall be prevented from
14 shining directly on to.-adjoining- propert es.._
15 Speaking for Ordinance No. 43-1979 was Attorney Kent Klinge.
16 Councilman Austerman moved for engrossment of Ordinance No. 43-1979, seconded
17 by Councilman Ahaus.
18
19 Councilman Ahaus moved to amend Ordinance No. 43-1979 to include the five (5)
20 conditions as presented in the Department of City Planning Director's letter
21 written 5-31-79, seconded by Councilman ,Elstro and on unanimous voice vote,
22 the motion was carried.
23
24 On unanimous_ voice vote, Councilman Austerman's.motion for engrossment was
25 carried.
26
27 Councilman Ahaus moved to suspend the rules and read Amended Ordinance No.
28 43-1979 on third and final reading by title only, seconded by Councilman
29 Elstro and on unanimous voice vote, the motion was carried.
30
31 The Clerk read on third reading by title only Amended Ordinance No. 43-1979.
32
33 Amended Ordinance No. 43-1979 was placed on final passage or rejection and on
34 a call of the roll, the following was recorded: Ayes: Elstro, Williams,
35 Ahaus, Austerman, Whitesell, Mills, Carter, Welch and Paust. Noes: None.
36 The vote being nine (9) to zero (0) in favor of passage of Amended Ordinance
37 No. 43-1979.
38
39 The Clerk read on second reading Ordinance No. 47-1979 - AN ORDINANCE TO
40 APPROPRIATE FOR HERITAGE CONSERVATION AND RECREATION SERVICE GRANT.
41
42 City Attorney Ed Anderson examined proof of publication on Ordinance Nos.
43 47-1979, 48-1979, 50-1979, 51-1979 and 52-1979 and found it to be in order.
44
45 Councilman Mills moved to accept and file the proof of publication, seconded
46 by Councilman Carter and on unanimous voice vote, the motion was carried.
47
48 Speaking for Ordinance No. 47-1979 was Superintendent of Parks & Recreation
49 Don McBride.
50
51 Councilman Mills moved for engrossment of Ordinance No. 47-1979, seconded by
52 Councilman Elstro and on unanimous voice vote, the motion was carried.
53
54 Councilman Ahaus moved to suspend the rules and read Ordinance No. 47-1979
55 on third and final reading by title only, seconded by Councilman Carter and
56 on unanimous voice vote, the motion was carried.
57
58 The Clerk read on third reading by title only Ordinance No. 47-1979.
59
60 Ordinance No. 47-1979 was placed on final passage or rejection_-and_on_a_call '
61 of the roll, the following was recorded: Ayes: Elstro, Williams, Ahaus,
62 Austerman, Whitesell, Mills, Carter, Welch and Paust. Noes: None. The
63 vote being nine (9) to zero (0) in favor of passage of Ordinance No. 47-1979.
- 5O9
Common Council Minutes Cont.
June 4, 1979
Page 5
1 The Clerk read on second reading Ordinance No. 48-1979 - AN ORDINANCE TO
2 APPROPRIATE FROM CUMULATIVE CAPITAL IMPROVEMENT FUND (CIGARETTE TAX) .
3
4 Councilman Mills moved for engrossment of Ordinance No. 48-1979, seconded
5 by Councilman Ahaus and on unanimous voice vote, the motion was carried.
6
7 Councilman Ahaus moved to suspend the rules and read Ordinance No. 48-1979
8 on third and final reading by title only, seconded by Councilman Mills and
9 on unanimous voice vote, the motion was carried.
10
11 The Clerk read on third reading by title only Ordinance No. 48-1979.
12
13 Ordinance No. 48-1979 was placed on final passage or rejection and on a call
14 of the roll, the following was recorded: Ayes: Elstro, Williams, Ahaus,
15 Austerman, Whitesell, Mills, Carter, Welch and Paust. Noes: None. The
16 vote being nine (9) to zero (0) in favor of passage of Ordinance No. 48-1979.
17
18 The Clerk read on second reading Ordinance No. 49-1979 - AN ORDINANCE TO
19 . APPROPRIATE FROM CUMULATIVE CAPITAL IMPROVEMENT FUND. (CIGARETTE TAX) .
20
21 Councilman Mills moved for engrossment of Ordinance No. 49-1979, seconded
22 by Councilman Ahaus and on unanimous voice vote, the motion was carried.
23
24 Councilman Williams moved to suspend the rules and 'read Ordinance No. 49-1979
25 on third and final reading by title only, seconded by Councilman Welch and
26 on unanimous voice vote, the motion was carried.
27
28 The Clerk read on third reading by title only Ordinance No. 49-1979.
III 29
30 Ordinance No. 49-1979 was palced on final passage or rejection and on a
31 call of the roll, the following was recorded: Ayes: Elstro, Williams,
32 Ahaus, Austerman, Whitesell, Mills, Carter, Welch and Paust. Noes: None.
33 The vote being nine (9) to zero (0) in favor of passage of Ordinance No. 49-1979.
34
35 The Clerk read on second reading Ordinance No. 50-1979 - AN ORDINANCE TO
36 APPROPRIATE FROM THE FEDERAL REVENUE SHARING TRUST FUND.
37
38 Speaking for Ordinance No. 50-1979 was Fire Chief Paul Mullin.
39
40 Councilman Mills moved for engrossment of Ordinance No. 50-1979, seconded
41 by Councilman Williams and on unanimous voice vote, the motion was carried.
42
43 Councilman Mills moved to suspend the rules and read Ordinance No. 50-1979
44 on third and final reading by title only, seconded by Councilman Williams
45 and on unanimous voice,,vote, the motion was carried.
46
47 The Clerk read on third reading by title only Ordinance No. 50-1979.
48
49 Ordinance No. 50-1979 was placed on final passage or rejection add on -a call
50 of the roll, the following was recorded: Ayes: Elstro, Williams, Ahaus,
51 Austerman, Whitesell, Mills, Carter, Welch and Paust. Noes: None. The
52 vote being nine (9) to zero (0) in favor of passage of Ordinance No. 50-1979
53
54 The Clerk read on second reading Ordinance No. 51-1979 - AN ORDINANCE TO
55 APPROPRIATE FROM THE FEDERAL REVENUE SHARING TRUST FUND.
56
57 Speaking for Ordinance No. 51-1979 was Superintendent of Parks & Recreation
58 Don McBride.
59
60 Councilman Mills moved for engrossment of Ordinance No. 51-1979, seconded
61- by Councilman Williams and on unanimous voice vote, the motion was carried.
510
Common Council Minutes Cont.
June 4, 1979
Page 6
1 Councilman Mills moved to suspend the rules and read Ordinance No. 51-1979
2 on third and final reading by title only, seconded by Councilman Williams
3 and on unanimous voice vote, the motion was carried.
4
5 The Clerk read on third reading by title only Ordinance No. 51-1979.
6
7 Ordinance No. 51-1979 was placed on final passage or rejection and on a call
8 of the roll, the following was recorded: Ayes: Elstro, Williams, Ahaus,
9 Austerman, Whitesell; Mills, Carter, Welch and Paust. Noes: None. The vote
10 being nine (9) to zero (0) in favor of passage of Ordinance No. 51-1979.
11
12 The Clerk read on second reading Ordinance No. 52-1979 - AN ORDINANCE TO
13 APPROPRIATE FROM THE FEDERAL REVENUE SHARING TRUST FUND.
14
15 Councilman Williams moved for engrossment of Ordinance No. 52-1979, seconded
16 by Councilman Welch and on unanimous voice vote, the motion was carried.
17
18 Councilman Welch moved to suspend the rules and read Ordinance No. 52-1979 on
19 third and final reading by title only, seconded by Councilman Mills and on
20 unanimous voice vote, the motion was carried.
21
22 The Clerk read on third reading by title only Ordinance No. 52-1979.
23
24 Ordinance No. 52-1979 was placed on final passage or rejection and on a call
25 of the roll, the following was recorded: Ayes: Elstro, Williams, Ahaus,
26 Austerman, Whitesell, Mills, Carter, Welch and Paust. Noes: None. The
27 vote being nine (9) to zero (0) in favor of passage of Ordinance No. 52-1979.
28
29 Councilman Austerman moved to bring Resolution No. 11-1979 from the table,
30 seconded by Councilman Ahaus and on unanimous voice vote, the motion was carried.
31
32 Councilman Austerman moved to amend Resolution No. 11-1979 on the second line
33 from the bottom of page 1 to strike "President" and insert "General Manager",
34 seconded by Councilman Ahaus and on unanimous voice vote, the motion was
35 carried.
36
37 Councilman Austerman moved for adoption of Amended Resolution No. 11-1979,
38 seconded by Councilman Ahaus. The motion carried with Councilman Mills
39 voting no.
40
41 There being no further business on motion duly made, seconded and passed, the
42 meeting was adjourned.
43
44 Kenneth Paust
45 President
46
47 ATTEST: JoEllen Trimble
48 City Clerk