Loading...
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