HomeMy Public PortalAbout05-07-1979 495
PROCEEDINGS OF THE COMMON COUNCIL OF THE
CITY OF RICHMOND, INDIANA, MAY 7, 1979
1 The Common Council of the City of Richmond, Indiana, met in regular session
2 May 7, 1979 at the hour of 7:30 p.m. in the Council Chambers in the Municipal
3 Building in said City. President Paust presided with the following members
4 present: Messrs: ,Elstro, Williams, Ahaus, Austerman, Whitesell, Mills,
5 Carter and Welch. Absent: None. The following business was had, to wit:
6
7 Councilman Elstro gave devotions:
8
9 Councilman Williams moved to approve the minutes of the previous meeting as
10 prepared, seconded by Councilman Mills and on unanimous voice vote, the
11 motion was carried.
12
13 Councilman Mills moved to read Resolution Nos. 8-1979, 9-1979, 10-1979 and
14 11-1979 by title only, seconded by Councilman Ahaus and on unanimous voice
15 vote, the motion was carried.
16
17 The Clerk read by title only Resolution No. 8-1979 - A RESOLUTION
18 AUTHORIZING THE FILING OF AN APPLICATION WITH THE DEPARTMENT OF HOUSING AND
19 URBAN DEVELOPMENT, FOR INNOVATIVE GRANT FUNDS, AS AUTHORIZED IN SECTION
20 107 (a) 4 of HOUSING & COMMUNITY DEVELOPMENT ACT AS AMENDED.
21
22 Director of Community Development Tim Ryder spoke in favor of and gave an
23 explanation of Resolution No. 8-1979.
24
25 Councilman Mills moved for adoption of Resolution No. 8-1979, seconded by
26 Councilman Welch and on unanimous voice vote, the motion was carried.
27
28 The Clerk read by title only Resolution No. 9-1979 - A RESOLUTION
III29 AUTHORIZING THE FILING OF APPLICATIONS WITH THE DEPARTMENT OF HOUSING
30 AND URBAN DEVELOPMENT, FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, AS
31 PROVIDED IN TITLE I OF THE COMMUNITY DEVELOPMENT ACT 1974, P.L. 93-383.
32
33 Mr. Ryder spoke for and gave an explanation of Resolution No. 9-1979.
34
35 Councilman Mills moved for adoption of Resolution No. 9-1979, seconded by
36 Councilman Austerman and on unanimous voice vote, the motion was carried.
37
38 The Clerk read by title only Resolution No. 10-1979 - A RESOLUTION OF THE
39 CITY OF RICHMOND TO INDUCE IMPERIAL DIE CASTING, INC. TO ACQUIRE, CONSTRUCT
40 AND EQUIP AN ECONOMIC DEVELOPMENT FACILITY AND TO UNDERTAKE TO SELL AND DELI R
41 REVENUE BONDS TO PAY THE COSTS THEREOF, AND OTHER MATTERS RELATING THERETO.
42
43 Speaking for Resolution No. 10-1979 was Attorney Bert Keller, 400 First
44 National Bank Building, representing Imperial Die Casting, Inc.
45
46 Councilman Mills moved for adoption of Resolution No. 10-1979, seconded by
47 Councilman Ahaus and on unanimous voice vote, the motion was carried.
48
49 The Clerk read by title only Resolution No. 11-1979 - A RESOLUTION
50 AUTHORIZING AND CREATING AN EXECUTIVE COMMITTEE OF THE COMMON COUNCIL OF
51 THE CITY OF RICHMOND, INDIANA SERVING AS A BOARD IN CHARGE OF THE OPERATION
52 OF RICHMOND POWER AND LIGHT AND RICHMOND POWER AND LIGHT.
53
III 54 Councilman Austerman moved to table Resolution No. 11-1979, seconded by
55 Councilman Mills and on unanimous voice vote, the motion was carried.
56
57 Councilman Williams requested the Board of Works to check South "B" &
58 3rd Street, North 8th & "F", North 9th & "F" concerning chuck holes.
59 President Paust requested checking Hunt & "I" for chuck holes. Mr. Ryder
60 stated Hunt & "I" is scheduled to be paved.
496
Common Council Minutes Cont.
May 7, 1979
Page 2
1 Councilman Mills moved to suspend the rules and read Ordinance Nos. 42-1979,
2 43-1979 and 44-1979 on first reading by title only, seconded by Councilman
3 Austerman and on unanimous voice vote, the motion was carried.
4
5 The Clerk read on first reading by title only Ordinance No. 42-1979 - AN
6 ORDINANCE AMENDING CHAPTER 22 OF THE MUNICIPAL CODE, BEING ORDINANCE NO.
7 2325-1968, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF RICHMOND,
8 INDIANA, ADOPTED JUNE 3, 1968, PROVIDING FOR THE ZONING OF PROPERTY LOCATED
9 AT 630 SOUTH "M" STREET AND 710 SOUTH "M" STREET FROM M-1 LIGHT INDUSTRIAL
10 DISTRICT TO M-2 GENERAL INDUSTRIAL DISTRICT.
11
12 President Paust announced Ordinance. No. 42-1979 is referred to the Plan
13 Commission.
14
15 The Clerk read on first reading by title only Ordinance No. 43-1979 - AN
16 ORDINANCE AUTHORIZING A SPECIAL USE IN A C-1 NEIGHBORHOOD BUSINESS DISTRICT
17 FOR A RESTAURANT ON PROPERTY LOCATED AT 1390 NATIONAL ROAD WEST, PURSUANT
18 TO ARTICLE 48 OF CHAPTER 30 OF THE MUNICIPAL CODE COMMONLY KNOWN AS THE
19 ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA.
20
21 President Paust announced Ordinance No. 43-1979 is referred to the Plan
22 Commission.
23
24 The Clerk read on first reading by title only Ordinance No. 44-1979 -
25 ORDINANCE AUTHORIZING THE CITY OF RICHMOND TO ISSUE ITS "ECONOMIC DEVELOPMENT
26 FIRST MORTGAGE REVENUE BONDS, SERIES. 1979 (COLOR BOX AND DISPLAY, INC..
27 PROJECT)" AND APPROVING OTHER ACTIONS IN RESPECT THERETO.
28
29 Councilman Austerman moved to suspend the rules and read Ordinance No.
30 44-1979 on second reading, seconded by Councilman Mills and on unanimous
31 voice vote, the motion was carried.
32
33 The Clerk read on second reading Ordinance No. 44-1979.
34
35 Speaking for Ordinance No. 44-1979 was Gayle Gardner, 304 Peoples Building,
36 Attorney for Color Box and Display, Inc.
37
38 Councilman Mills moved for engrossment of Ordinance No. 44-1979, seconded
39 by Councilman Carter and on unanimous voice vote, the motion was carried.
40
41 Councilman Mills moved to suspend the rules and read Ordinance No. 44-1979
42 on third and final reading by title only, seconded by Councilman Carter and
43 on unanimous voice vote, the motion was carried.
44
45 The Clerk read on third reading by title only Ordinance No. 44-1979.
46
47 Ordinance No. 44-1979 was placed on final passage or rejection and on a
48 call of the roll, the following was recorded: Ayes: Elstro, Williams,
49 Ahaus, Austerman, Whitesell, Mills, Carter, Welch and Paust. Noes: None.
50 The vote being nine (9) to zero (0) in favor of passage of Ordinance No.
51 44-1979.
52
53 The Clerk read on second reading Ordinance No. 33-1979 - AN ORDINANCE
54 AMENDING ORDINANCE NO. 2245-1967.
55
56 Councilman Ahaus presented the following proposal for Ordinance No. 33-1979;
57 The monthly rate would be $7.00; the rate for the FM service would be
58 . $1.25; additional connection rate would be $2.00; Cable TV would be asked to
59 provide all additional channels as presented; the purchase rent or lease of
60 the converter will be on an optional basis at a reasonable price subject to
61 review by Council prior to final approval.
497
Common Council Minutes Cont.
May 7, 1979
Page 3
1 Speaking against Ordinance No. 33-1979 were Mr. Ray Ramsey, 1817 Chester
2 Blvd. who also presented a survey of 507 persons; Mrs. Harold Davis,
3 2520 West Main; and Ms Pauline Darr, 123 North 12th Street.
4
5 Speaking for Ordinance No.. 33-1979 were: Mr. Andrew Cecere, Attorney,
6 101 South 10th Street; Mr. Ken Lahey, Muskegon, Michigan; Mr. David
7 Krumenaur, 510 South 17th Street; and Mr. James Lahey, 4808 San Felipe,
8 Houston, Texas. The Messrs. Laheys and Mr. Krumenaur represent Cable TV.
9
10 Councilman Austerman moved to table Ordinance No. 33-1979, seconded by
11 Councilman Ahaus. The motion passed with Councilman Mills voting no.
12
13 The Clerk read on second reading Ordinance No. 34-1979 - AN ORDINANCE
14 AUTHORIZING A SPECIAL USE IN AN R-2 ONE-FAMILY RESIDENCE DISTRICT AND R-3
15 ONE-TO-EIGHT FAMILY RESIDENCE DISTRICT FOR A MEDICAL OFFICE ON PROPERTY
16 LOCATED AT 1824 CHESTER BOULEVARD, PURSUANT TO ARTICLE 48 OF CHAPTER 22
17 OF THE MUNICIPAL CODE COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY
18 OF RICHMOND, INDIANA.
19
20 Explaining Ordinance No. 34-1979 was Mr. Dan Dooley, RR 1, Centerville,
21 representing the Richmond City Plan Commission. He stated the Plan
22 Commission held a public hearing on Tuesday, April 24, 1979 and voted
23 eight (8) to zero (0) to allow this Special Use' with the conditions (a)
24 and (b) in the Ordinance and added (c) The site plan accompanying the
25 Ordinance be amended or corrected to show the proposed improvement on the
26 driveway and any improvement made to the driveway be done in accordance with
27 the standards set in the Zoning Ordinance, standards set by the Board of
28 Public Works and Safety, and standards .set by the Indiana State Highway
29 Commission, and (d) The Special Use would preclude any access drive through
30 the Special Use property to Valley Drive in the Crestdale Subdivision.
31
32 Councilman Welch moved to amend Ordinance No. 34-1979 to add conditions
33 (c) and (d) , seconded by Councilman Mills and on unanimous voice vote,
34 the motion was carried.
35
36 Speaking for Amended Ordinance No. 34-1979 were: Attorney Robert Burton,
37 25 North 7th Street and Dr. Dominador Ignacio, 2747 Northmont Lane.
38
39 Councilman Mills moved for engrossment of Amended Ordinance No. 34-1979,
40 seconded by Councilman Carter and on unanimous voice vote, the motion was
41 carried.
42
43 Councilman Mills moved to suspend the rules and read Amended Ordinance No.
44 34-1979 on third and final reading by title only, seconded by Councilman
45 Williams and on unanimous voice vote, the motion was carried..
46
47 The Clerk read on third reading by title only Amended Ordinance No. 34-1979.
48
49 Amended Ordinance No. 34-1979 was placed on final passage or rejection and
50 on a call of the roll, the following was recorded: Ayes: Elstro, Williams,
51 Ahaus, Austerman, Whitesell, Mills, Carter, Welch and Paust. Noes: None.
52 The vote being nine (9) to zero (0) in favor of passage of Amended
53 . Ordinance No. 34-1979.
54
55 City Attorney Ed Anderson examined proof of publication for Ordinance Nos.
56 38-1979, 39-1979, 40-1979 and 41-1979 and found them to be in order.
57 Councilman Mills moved to accept and file proof of publication, seconded
58 by Councilman Welch and on unanimous voice vote, the motion was carried.
59 .
60 The Clerk read on second reading Ordinance No. 38-1979 - AN ORDINANCE
61 TO APPROPRIATE WITHIN THE MUNICIPAL AIRPORT FUND.
498
Common Council Minutes Cont.
May 7, 1979
Page 4
1 Speaking for Ordinance No. 38-1979 was Mr. Bob Brooks, representing the
2 Board of Aviation Commissioners.
3
4 Councilman Ahaus moved for engrossment of Ordinance No. 38-1979, seconded
5 by Councilman Williams and on unanimous voice vote, the motion was carried.
6
7 Councilman Ahaus moved to suspend the rules and read Ordinance No. 38-1979
8 on third and final reading by title only, seconded by Councilman Williams,
9 and on unanimous voice vote, the motion was carried.
10
11 The Clerk read an third reading by title only Ordinance No. 38-1979.
12
13 Ordinance No. 38-1979 was placed an final passage or rejection and on a
14 call 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. 38-1979.
17
18 The Clerk read on second reading Ordinance No. 39-1979 - AN ORDINANCE
19 TO APPROPRIATE WITHIN THE GENERAL FUND.
20
21 Councilman Elstro moved for engrossment of Ordinance No. 39-1979, seconded
22 by Councilman Ahaus and on unanimous voice vote, the motion was carried.
23
24 Councilman Welch moved to suspend the rules and read Ordinance No. 39-1979
25 on third and final reading by title only, seconded by Councilman Elstro
26 and on unanimous voice vote, the motion was carried.
27
28 The Clerk read on third reading by title only Ordinance No. 39-1979.
29
30 Ordinance No. 39-1979 was placed on final passage or rejection and on a call
31 of the roll, the following was recorded: Ayes: Elstro, Williams, Ahaus,
32 Austerman, Whitesell, Mills, Carter, Welch and Paust. Noes: None. The
33 vote being nine (9) to zero (0) in favor of passage of Ordinance No. 39-1979.
34
35 The Clerk read on second reading Ordinance No. 40-1979 - AN ORDINANCE TO
36 APPROPRIATE FROM THE FEDERAL AVIATION ADMINISTRATION GRANT.
37
38 Speaking for Ordinance No. 40-1979 was Mr. Bob Brooks, representing the Board
39 of Aviation Commissioners.
40
41 Councilman Mills moved for engrossment of Ordinance NO. 40-1979, seconded
42 by Councilman Carter. and on unanimous voice vote, the motion was carried.
43
44 Councilman Mills moved to suspend the rules and read Ordinance No. 40-1979
45 on third reading by title only, seconded by Councilman Carter and on
46 unanimous voice vote, the motion was carried.
47
48 The Clerk read on third reading by title only Ordinance No. 40-1979.
49
50 Ordinance No. 40-1979 was placed on final passage or rejection and on a
51 call of the roll, the following was recorded: Ayes: Elstro, Williams,
52 Ahaus, Austerman, Whitesell, Mills, Carter, Welch and Paust. Noes: None.
53 The vote being nine (9) to zero (0) in favor of passage of Ordinance No.
54 40-1979.
55
56 The Clerk read on second reading Ordinance No. 41-1979 - AN ORDINANCE TO
57 REDUCE WITHIN THE MOTOR VEHICLE HIGHWAY FUND.
58
59 Councilman Williams moved for engrossment of Ordinance No. 41-1979, seconded
60 by Councilman Elstro and on unanimous voice vote, the motion was carried.
499
Common Council Minutes Cont.
May 7, 1979
Page 5
1 Councilman Williams moved to suspend the rules and read Ordinance No. 41-1979
2 on third and final reading by title only, seconded by Councilman Elstro
3 and on unanimous voice vote, the motion was carried.
III 45 The Clerk read on third reading by title only Ordinance No. 41-1979.
6
7 Ordinance No. 41-1979 was placed on final passage or rejection and on a
8 call of the roll, the following was recorded: Ayes: Elstro, Williams,
9 Ahaus, Austerman, Whitesell, Mills, Carter, Welch and Paust. Noes: None.
10 The vote being nine (9) to zero (0) in favor of passage of Ordinance No.
11 41-1979.
12
13 Councilman Mills moved to suspend the rules and read Ordinance No. 22-1979
14 on third reading by title only, seconded by Councilman Welch and on
15 unanimous voice vote, the: motion was carried.
16
17 The Clerk read on third reading by title only Ordinance No. 22-1979 - AN
18 ORDINANCE AUTHORIZING THE ISSUANCE OF $1,650,000 ECONOMIC DEVELOPMENT
19 REVENUE BOND, SERIES A (HERITAGE REGENCY, INC. PROJECT) OF THE CITY OF
20 RICHMOND, INDIANA, FOR THE PURPOSE OF FUNDING A LOAN TO HERITAGE REGENCY,
21 INC. IN ORDER TO FINANCE THE ACQUISITION AND CONSTRUCTION OF CERTAIN
22 ECONOMIC DEVELOPMENT FACILITIES LOCATED WITHIN THE BOUNDARIES OF THE CITY FOR
23 USE BY HERITAGE REGENCY, INC.: AUTHORIZING DELIVERY OF THE FIRST MORTGAGE
24 NOTE, THE COLLATERAL ASSIGNMENT OF RENTS, THE CROSS-LIEN AND CROSS-DEFAULT
25 AGREEMENT, AND THE GUARANTY AS SECURITY FOR SAID BOND AND THE MORTGAGOR'S
26 AFFIDAVIT: AUTHORIZING AN INDENTURE OF TRUST APPROPRIATE FOR THE PROTECTION
27 AND DISPOSITION OF THE REVENUES FROM THE FIRST MORTGAGE NOTE: AND AUTHORIZI G
28 THE TERMS AND SALE OF SAID BOND.
29
30 Councilman Whitesell moved that he be allowed to be disqualified from
31 voting on this Ordinance on the basis that he was not a Council member
32 when it was originally introduced and did not participate in some of the
33 earlier meetings, seconded by Councilman Elstro, and on a call of the roll,
34 the following was recorded: Ayes: Elstro, Williams, Ahaus and Paust.
35 Noes: Austerman, Mills and Welch. The vote being four (4) to three (3)
36 in favor of the motion; City Attorney Ed Anderson ruled this motion took
37 a majority of the members present; therefore, Councilman Whitesell was
38 allowed to be disqualified.
39
40 Ordinance No. 22-1979 was placed on final passage or rejection and on a
41 call of the roll, the following was recorded: Ayes: Ahaus, Austerman,
42 Mills' and Paust. Noes: Elstro, Williams and Welch. The vote being four
43 (4) to three (3) in favor of passage of Ordinance No. 22-1979; therefore,
44 Ordinance No. 22-1979 was defeated.
45
46 There being no further business on motion duly made, seconded and passed,
47 the meeting was adjourned.
48
49 Kenneth Faust
50 President
51
52 ATTEST: JoEllen Trimble
53 City Clerk
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