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