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HomeMy Public PortalAbout03-05-1979 4j7 PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA, MARCH 5, 1979 1 The Common Council of the City of Richmond, Indiana, met in regular session 2 March 5, 1979 at the hour of 7:30 p.m. in the Council Chambers in the 3 Municipal Building in said City. President Faust presided with the 4 following members present: Messrs. Elstro, Williams, Ahaus, Austerman, 5 Merchanthouse, Mills, Carter and Welch. Absent: None. The following 6 business was had, to wit: 7 8 Councilman Williams gave devotions. 9 10 Councilman Williams. moved to approve the minutes of the previous meeting as 11 prepared, seconded by Councilman Mills and on unanimous voice vote, the 12 motion was carried. 13 14 Councilman Merchanthouse presented a petition to Council and the Board of 15 Works notifying these bodies of the poor condition of the alley and sewer 16 located in the first block between S.W. 5th and S.W. 4th Streets. This 17 petition was signed by 23 residents. 18 19 Councilman Ahaus requested being excused from discussion or consideration of 20 Resolution No. 5-1979 due to his interest in the requesting company. 21 Councilman Austerman so moved, seconded by Councilman Williams, and on 22 unanimous voice vote, the motion was carried. 23 24 Councilman Mills moved to suspend the rules and read Resolution No. 5-1979 25 by title only, seconded by Councilman Elstro and on unanimous voice vote, 26 the motion was carried. III 27 28 The Clerk read by title only Resolution No. 5-1979 - A RESOLUTION OF THE 29 CITY OF RICHMOND TO INDUCE AHAUS TOOL CO. , INC. TO ACQUIRE AND CONSTRUCT 30 AND ERECT AN ECONOMIC DEVELOPMENT FACILITY,--AND TO UNDERTAKE TO SELL AND 31 DELIVER REVENUE BONDS TO PAY THE COSTS THEREOF, AND OTHER MATTERS RELATING 32 THERETO. 33 34 Speaking for Resolution No. 5-1979 was Attorney Kent Klinge, South 10th 35 and "A", representing Ahaus Tool. 36 37 Councilman Elstro moved fors-adogtion;;of Resolution No. 5-1979, seconded by-_ 38 Councilman Williams and on unanimous voice vote, the motion was carried. 39 40 Councilman Elstro requested the Board of Works take action concerning the 41 bank of Hibberd' School washing down on the sidewalk. City Engineer George 42 Webb reported this was cleaned last fall and the school was billed for the 43 cleaning. Councilman Elstro further requested the Board take action 44 concerning the condition of Roy Cates garage on South 13th Street. 45 46 Councilman Mills requested a copy of the Cable TV contract be sent to all 47 Councilmen. 48 49 Councilman Mills announced the Committee of the Whole met last Tuesday to 50 discuss Ordinance Nos. 17-1979, 18-1979, 19-1979 and 20-1979. Also, 51 meeting were Department Heads to discuss their priorities for Federal III52 Revenue Sharing. The decision was that the City Administration would come 53 to Council with their recommendations and priorities. 54 55 Councilman Mills moved to suspend the rules and read Ordinance Nos. 22-1979, 56 23-1979, 24-1979, 25-1979, 26-1979 and 27-1979 on first reading by title 57 only, seconded by Councilman Ahaus and on unanimous voice vote, the motion 58 was carried. 59 60 Councilman Carter asked to refrain from discussion and abstain from voting 61 on Ordinance No. 22-1979 as he has interest in this company. Councilman 62 • Mills so moved, seconded by Councilman Ahaus and on unanimous voice vote, 63 the motion was carried. 478 Common Council Minutes Cont. March 5, 1979 Page 2 1 Councilman Merchanthouse stated he is involved in a local project in a 2 similar nature which could be in competition with the company in Ordinance 3 No. 22-1979 and requested to abstain from voting and discussion on this 4 Ordinance. Councilman Elstro so moved, seconded by Councilman Ahaus and 5 on unanimous voice vote, the motion was carried. 6 7 The Clerk read on first reading by title only Ordinance No. 22-1979 - AN 8 ORDINANCE AUTHORIZING THE ISSUANCE OF $1,650,000 ECONOMIC DEVELOPMENT 9 REVENUE BOND, SERIES A (HEREITAGE REGENCY, INC. P-ROJECT) OF THE CITY OF 10 RICHMOND, INDIANA, FOR THE PURPOSE OF FUNDING A LOAN TO HERITAGE REGENCY, 11 INC. IN ORDER TO FINANCE THE ACQUISITION AND CONSTRUCTION OF CERTAIN 12 ECONOMIC DEVELOPMENT FACILITIES LOCATED WITHIN THE BOUNDARIES OF THE CITY 13 FOR USE BY HERITAGE REGENCY, INC. : MORTGAGE AND SECURITY AGREEMENT; 14 PROVIDING FOR THE DELIVERY OF THE FIRST MORTGAGE NOTE, THE COLLATERAL 15 ASSIGNMENT OF RENTS, THE CROSS-DEFAULT AGREEMENT, AND THE GUARANTY AS 16 SECURITY FOR SAID BOND AND THE MORTGAGOR'S AFFIDAVIT; AUTHORIZING AN 17 INDENTURE OF TRUST APPROPRIATE FOR THE PROTECTION AND DISPOSITION OF THE 18 REVENUES FROM THE FIRST MORTGAGE NOTE; AND AUTHORIZING THE TERMS AND SALE 19 OF SAID BOND. 20 21 Councilman Ahaus moved to suspend the rules and read Ordinance No. 22-1979 on 22 second reading, seconded by Councilman Welch. On a call of the roll, the 23 following was recorded: Councilman Elstro voted no stopping the suspension. 24 25 Speaking against Ordinance No. 22-1979 was Mr. Sam Knobler, Golden Rule 26 Nursing Center, 2001 U.S . 27 South. 27 28 Speaking for`Ordinance No. 22-1979 was Attorney Russell Schussler, First 29 National Bank Building, representing Heritage Regency, Inc. 30 31 President Paust announced Ordinance No. 22-1979 will come back on second 32 reading on the next Council agenda at which time there will be a public 33 hearing. 34 35 The Clerk read on first reading by title only Ordinance No. 23-1979 - AN 36 ORDINANCE AMENDING CHAPTER 22 OF THE MUNICIPAL CODE, BEING ORDINANCE NO. 37 2325-1968, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF RICHMOND, 38 INDIANA, ADOPTED JUNE 3, 1968, PROVIDING FOR THE REZONING. OF PROPERTY 39 LOCATED AT 501 SOUTH "Q" STREET FROM R-3 ONE-TO-EIGHT FAMILY RESIDENCE 40 DISTRICT TO M-1. LIGHT: INDUSTRIAL-DISTRICT. 41 -42 President Paust announced Ordinance No. 23-1979 is referred to the Plan 43 Commission. 44 45 The Clerk read":on first reading by title only Ordinance No. 24-1979 - AN 46 ORDINANCE OF THE CITY OF RICHMOND, INDIANA, AUTHORIZING THE EXECUTION AND 47 DELIVERY OF THE DEED OF CONVEYANCE OF ECONOMIC DEVELOPMENT FACILITY ON 48 THE EXERCISE OF AN OPTION TO PURCHASE BY LESSEE . 49 50 Councilman Austerman moved to suspend the rules and move Ordinance No. 51 24-1979 to second reading, seconded by Councilman Ahaus and on unanimous 52 voice vote, the motion was carried. 53 54 The Clerk read on second reading Ordinance No. 24-1979. 55 56 Speaking for Ordinance No. 24-1979 was Attorney Kent Klinge, South 10th and 57 "A", representing EIIPCO Realty. 58 59 Councilman Austerman moved for engrossment of Ordinance No. 24-1979, seconde. 60 by Councilman Mills and on unanimous voice vote, the motion was carried. 479 Common Council Minutes March 5, 1979 Page 3 1 Councilman Austerman moved to suspend the rules and read Ordinance No. 2 24-1979 on third and final reading by title only, seconded by Councilman 3 Mills and on unanimous voice vote, the motion was carried. 4 5 The Clerk read on third reading by title only Ordinance No. 24-1979. 6 7 Ordinance No. 24-1979 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, Merchanthouse, Mills, Carter, Welch and Paust. Noes: 10 None. The vote being nine (9) to zero, (0) in favor of passage of Ordinance 11 No. 24-1979. 12 13 The Clerk read on first reading by title only Ordinance No. 25-1979 - AN 14 ORDINANCE TO APPROPRIATE WITHIN THE GENERAL FUND. 15 16 President Paust announced Ordinance No. 25-1979 has to be advertised. 17 18 The Clerk read on first reading by title only Ordinance No. 26-1979 - AN. 19 ORDINANCE TO APPROPRIATE WITHIN THE MUNICIPAL AIRPORT FUND. 20 21 President Paust announced Ordinance No. 26-1979 has to be advertised. 22 23 The Clerk read on first reading by title only Ordinance No. 27-1979 - AN 24 ORDINANCE TO APPROPRIATE FROM CUMULATIVE CAPITAL IMPROVEMENT FUND (CIGARETTE 25 TAX) . 26 27 President Paust announced Ordinance No. 27-1979 has to be advertised. 28 29 The Clerk-read on second reading Ordinance No. 15-1979 -t AN ORDINANCE 30 AUTHORIZING A SPECIAL USE IN AN. M-2 GENERAL INDUSTRIAL DISTRICT FOR A 31 TREE CUTTING SERVICE ON PROPERTY LOCATED AT 2320 FLATLEY ROAD, PURSUANT TO 32 ARTICLE 48 OF CHAPTER 22 OF THE MUNICIPAL CODE COMMONLY KNOWN AS THE 33 ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA. 34 35 Explaining Ordinance No. 15-1979 was Deputy Director of City Planning 36 Dan Dooley. He noted the Plan Commission met on February 27, 1979 and 37 voted eight (8) to two (2) to allow this Special Use with the following 38 conditions: (a) the site plan accompanying the petition be identified 39 as Exhibit "A" and made a part of Ordinance No. 15-1979 and (b) the special 40 use authorization shall be considered null and void should.. the special use 41 cease for a period of one (l) year or more. Mr. Dooley explained that it 42 was recommended screening and no firewood cutting be allowed at this site. 43 44 Speaking for Ordinance No. 15-1979 was Mr. Max Engledow, 1431 South "L" 45 Street, owner of the tree and landscaping business. 46 47 Councilman Welch offered an amendment to the Ordinance to include the two 48 (2) recommended stipulations Mr. Dooley included, if he is correct in 49 understanding that it would not have to go back to the Plan Commission. 50 President Paust stated it would have to go back to the Plan Commission and 51 that the Commission would have. forty-five (45) days in which to act on the 52 amendment. If the Commission did nothing in this period of time, the 53 Ordinance is effective as passed by Council. Councilman Austerman seconded 54 Councilman Welch's amendment. 55 56 After discussion, Councilman Welch withdrew his motion and Councilman 57 Aus.terman withdrew his second. 58 59 Speaking for Ordinance No. 15-1979 was Ms Katie Huckaby, representing 60 Lingle Realty at 3000 National Road West. 61 62 Councilman Mills moved for engrossment of Ordinance No. 15-19,79, seconded 63 by Councilman Elstro. The motion -carried with Councilmen Welch and 64 Austerman voting no. 480 Common Council Minutes Cont. - March 5, 1979 Page 4 1 Councilman Mills moved to suspend the rules and read Ordinance No. 15-1979 2 on third and final reading by title only, seconded by Councilman Elstro and 3 on unanimous voice vote, the motion was carried. 4 5 The Clerk read on third reading by title only Ordinance No. •15-1979. 6 7 Ordinance No. 15-1979 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, Merchanthouse, Mills, Carter, Welch and Paust. Noes: None. 10 The vote being nine (9) to zero- (0) in favor of passage of Ordinance No. 11 15-1979. 12 13 The Clerk read on second reading by title only Ordinance No. 16-1979- - AN 14 ORDINANCE AMENDING A SPECIAL USE BY-ELIMINATING IN ITS ENTIRETY .THE RESIDENTIAL 15 PLANNED UNIT DEVELOPMENT-KNOWN AS RICHLAND EXTENSION LOCATED WITHIN THE 16 TWO-MILE FRINGE JURISDICTIONAL-AREA IN CENTER TOWNSHIP AND WAYNE TOWNSHIP, 17 WAYNE COUNTY, INDIANA. 18 - 19 Explaining Ordinance No. 16-1979 was Deputy Director of City Planning Dan 20 Dooley noting the Plan Commission met on Tuesday, February 27, 1979 and 21 recommended eight (8) to two (2) in favor of Ordinance No. 16-1979. 22 23 Speaking for Ordinance No. 16-1979 was Mr. Mike Oxner, 260 Brubaker Drive,'• 24 New' Carlisle, Ohio, Engineer for the developer. 25 26 Councilman Austerman moved for engrossment of Ordinance No. 16-1979, seconded 27 by Councilman Welch and on unanimous voice vote, the motion was carried. 28 29 Councilman Welch moved to suspend the rules and read Ordinance No. 16-1979 30 on third reading by title only, seconded by Councilman Ahaus and .on unanimous 31 voice vote, the motion was carried. 32 33 The Clerk read on third reading by title only Ordinance- No. 16-1979. 34 35 Ordinance No. 16-1979 was placed on final passage or rejection and on a call 36. of the roll, the following was recorded: Ayes: Elstro, Williams, Ahaus, 37 Austerman, Merchanthouse, Mills, Carter, Welch and Panst. Noes: None. The 38 vote being nine (9) to 'zero (0) in favor of passage of Ordinance No. 16-1979. 39 • 40 The Clerk read on second reading Ordinance No. 17-1979 - AN ORDINANCE TO 41 REDUCE WITHIN THE MOTOR VEHICLE HIGHWAY FUND. - - 42 43 'City Attorney Ed Anderson examined proof of publication for Ordinance Nos. 44 17-1979, 18-1979, 19-1979 and 20-1979 and found them to be in order. 45 Councilman Mills moved these proofs be accepted and filed, seconded- by 46 Councilman Ahaus and on unanimous voice vote, the motion was carried. 47 48 Councilman Mills moved for engrossment of Ordinance No. 17-1979, seconded by 49 Councilman Ahaus 'and on unanimous voice vote, the motion was carried. 50 - 51 Councilman Ahaus moved to suspend the rules and read Ordinance No. 17-1979 52 on third and final reading by title only, seconded by Councilman Mills and 53 on unanimous. voice vote, the motion was carried. 54 . .55 The Clerk read on third reading by. title only Ordinance No. 17-1979. 56 . 57 Ordinance No. 17-1979 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, Merchanthouse, Mills, Carter; -Welch and Pa-List. Noes: None. The 60 vote being nine (9) to zero (0) in favor of passage of Ordinance No. 17-1979. 61 62 The Clerk read on_ second reading Ordinance No. 18-1979 - AN ORDINANCE TO 63 APPROPRIATE FROM THE FEDERAL REVENUE SHARING TRUST FUND. 481 Common Council Minutes Cont. March 5, 1979 Page 5 1 Councilman Mills moved for engrossment of Ordinance No. 18-1979, seconded 2 by Councilman Welch and on unanimous voice vote, the motion was carried. 3 4 Councilman Mills moved to suspend the rules and read Ordinance No. 18-1979 5 on third and final reading by title only, seconded by Councilman Welch and 6 on unanimous voice vote, the motion was carried. 7 8 The Clerk read on third reading by title only Ordinance No. 18-1979. 9 10 Ordinance No. 18-1979 was placed on final passage or rejection and on a call 11 of the roll, the following was recorded: Ayes: Elstro, Williams, Ahaus, 12 Austerman, Merchanthouse, Mills, Carter, Welch and Paust. Noes: None. The 13 vote being nine (9) to zero (0) in favor of passage of Ordinance No. 18-1979. 14 15 The Clerk read on second reading .Ordinance No. 19-1979 - AN ORDINANCE TO 16 APPROPRIATE FROM THE FEDERAL REVENUE SHARING TRUST FUND. 17 18 Speaking for Ordinance No. 19-1979 was Mr. Al Gentry, 404 South 22nd Street, 19 Chairman of the Whitewater Valley Gorge Project Committee of the Chamber 20 of Commerce. Mr. Jack Shaffer, 600 Promenade, Executive Secretary of the 21 Chamber of Commerce presented a letter from Chamber President Kenneth 22 Bane. Also speaking for this Ordinance was Director of Community 23 Development Tim Ryder, 438 Carol Drive. 24 25 Councilman Austerman moved for engrossment of Ordinance No. 19_-1979, 26 seconded by Councilman Elstro and on unanimous voice vote, the motion was 27 carried. 28 29 Councilman Elstro moved to suspend the rules and read Ordinance No. 19-1979 30 on third and final reading by title only, seconded by Councilman Mills and 31 on unanimous voice vote, the motion was carried. 32 33 The Clerk read on third reading by title only Ordinance No. 19-1979. 34 35. Ordinance No. 19-1979 was placed on final passage or rejection, and on a 36 call of the roll, the following was recorded: Ayes: Elstro, Williams, 37 Ahaus, Austerman, Merchanthouse, Mills, Carter, Welch and Paust. Noes: 38 . None. The vote being nine (9) to zero (0) in favor of passage of Ordinance 39 No. 19-1979. 40 41 The Clerk read on second reading Ordinance No. 20-1979 - AN ORDINANCE TO 42 APPROPRIATE WITHIN THE GENERAL FUND. 43 44 Councilman Mills moved for engrossment of Ordinance No. 20-1979, seconded 45 by Councilman Ahaus and on unanimous voice vote, the motion was carried. 46 47 Councilman Mills moved to suspend the rules and read Ordinance No. 20-1979 48 on third and finial reading by title only, seconded by Councilman Welch and 49 on unanimous voice vote, the motion was carried. 50 51 The Clerk read on third reading by title only Ordinance No. 20-1979. 52 53 Ordinance No. 20-1979 was placed on final passage or rejection and on a call 54 of the roll, the following was recorded: Ayes: .Elstro, Williams, Ahaus, 55 Austerman, Merchanthouse, Mills, Carter, Welch and Paust. Noes: None. 56 The vote being nine (9) to zero (0) in favor of passage of Ordinance No. 57 20-1979. 58 59 There being no further business on motion duly made, seconded and passed,' 60 the meeting was adjourned. 61 Kenneth Paust 62 President 63 ATTEST: JoEllen Trimble 64 City Clerk 482