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HomeMy Public PortalAbout02-06-1978 355 PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA, FEBRUARY 6, 1978 1 The Common Council of the City of Richmond, Indiana met in regular 111 2 session February- 6,. 1978 at the hour of 7:30 p.m. in the Council 3 Chambers in the Municipal Building in said City. President Austerman 4 presided with the following members present: Messrs. Elstro, Williams, 5 Ahaus, Merchanthouse, Carter, Mills, Paust, and Welch. Absent: None. 6 The following business was had, to-wit: 7 8 Councilman Carter gave devotions. 9 10 Councilman Carter reported he was absent from the previous meeting 11 as he was out of town on business and vacation. 12 13 Councilman Williams moved to approve the minutes of the previous 14 meeting and. special meeting as prepared, seconded by Councilman Mills 15 and on unanimous voice vote the motion was carried. 16 17 Mayor Clifford Dickman made the following statement: 18 19 "Due to weather conditions in our area, for the past two years in 20 particular, I am hereby requesting the Public Safety Committee and three 21 citizens make up a committee to study and recommend more effective ways 22 of removing the ice and snow in our community. 23 24 Their assignment will be difficult. We all know that we cannot control 25 our natural weather environment and odds have it, we never will. We 26 can brace ourselves against those odds and stand in readiness when 27 such catastrophic conditions occur. 28 29 The Council members are: Kenneth Paust, Chairman, Kenneth Mills, Greg 30 Merchanthouse,. and. Jack Elstro. The citizens members are: Mrs. Robert 31 Weller, James M. Meister, and Paul A. Patterson." 32 33 Councilman Williams requested the snow be removed from the sidewalks 34 of the North 20th Street bridge, as children use this going to school. 35 36 Listed on the agenda under ordinances to be reconsidered was 37 Ordinance No. 3294-1977. President Austerman read Rule II, number 21 38 of the Rules of Common Council which states:, "No Ordinance which has 39 failed to receive a sufficient number of votes on final passage and/or 40 which has been stricken from the files shall be permitted to be 41 reintroduced nor shall the same be considered again by this body for a 42 period of at least one (1) year after said Ordinance has been so 43 stricken from the files. PROVIDED HOWEVER, that any Ordinance may be 44 reintroduced and/or reconsidered at any time by a two-thirds (2/3) 45 vote of the members-elect of Council." He stated Rule II, number 21, 46 takes precedence over Rule IV in that it specifically mentions that an 47 ordinance can be brought up at any time and that a 2/3 vote is necessary 48 where a normal reconsideration calls for a simple majority. 49 50 Attorney Robert Burton, representing residents of the area, requested 11/ 51 permission to be heard on this question. President Austerman allowed 52 him to speak. 53 54 City Attorney Ed Anderson ruled that Rule II, number 21, applies. 55 President Austerman stated he is taking- the advice of the City Attorney 56 as he doesn't know how much more specific you could get when it says 57 "provided, however that any ordinance" and ordinance is more specific 58 than the word question. Also, it says 2/3rds vote. 356 Council Minutes Cont. February 6, 1978 Page 2 1 Councilman Mills moved to reconsider Ordinance No. 3294-1977 on first 2 reading, seconded by Councilman Paust._- - - 3 _ 4 5 Councilman Elstro asked if Councilman Carter can vote on this motion. 6 City Attorney Anderson stated Councilman Carter can vote on the issue 7 to bring the ordinance back on the floor as it does not involve any of 8 the subject and not in the determination of the ordinance; however, if 9 the ordinance should come back for determination, Councilman Carter 10 should disqualify himself. 11 12 On roll call vote on CouncilmanMills motion to reconsider Ordinance 13 No. 3294-1977 on first reading, the following was recorded: Ayes: Ahaus 14 Mills, Carter, Paust, Welch, and Austerman. Noes: Elstro, Williams, 15 and Merchanthouse. The vote being six (6) to three (3) in favor of the 16 motion. 17 18 Councilman Mills moved to suspend the rules and read Ordinance No. 19 3294-1977 on first reading by title only, seconded by Councilman 20 Ahaus. Councilman Williams voted no. 21 22 The Clerk read in full, Ordinance No. 3294-1977 - AN ORDINANCE TO 23 REPEAL ORDINANCE NO. 3203-1977. 24 25 Councilman Mills moved to suspend the rules and move Ordinance No. 26 3294-1977 to second reading, seconded by Councilman Ahaus. Councilman 27 Elstro, Williams, and Merchanthouse voted no. 28 29 Councilman Mills moved to suspend the rules and read Ordinance Nos. 30 8-1978, 9-1978, 10-1978, and 11-1978 on first reading by title only, 31 seconded by Councilman Ahaus, and on unanimous voice vote the motion, 32 was carried. 33 34 The Clerk read on first reading by title only Ordinance No. 8-1978 - 35 AN ORDINANCE TO AMEND AMENDED ORDINANCE NO. 3267-1977 OF THE CITY OF 36 RICHMOND, WAYNE COUNTY, INDIANA, KNOWN AS MASSAGE PARLOR ORDINANCE. 37 38 Councilman Ahaus moved to suspend the rules and move Ordinance No. 39 8-1978 to second reading, seconded by Councilman Welch. Councilman 40 Elstro voted no. 41 42 President Austerman announced Ordinance No. 8-1978 is referred to the 43 Committee of the Whole. 44 45 The Clerk read on first reading by title only Ordinance No. 9-1978 - 46 AN ORDINANCE AMENDING ORDINANCE NO. 2329-1968, AN ORDINANCE AUTHORIZING 47 A "SPECIAL USE" IN ACCORDANCE WITH ARTICLE 48 OF ORDINANCE NO. 2325-1968, 48 COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA, • 49 ADOPTED JUNE 3, 1968. 50 51 President Austerman announced Ordinance No. 9-1978 is referred to the 52 Plan Commission. 53 54 The Clerk read on first reading by title only Ordinance No. 10-1978 - 55 AN ORDINANCE TO TRANSFER WITHIN THE GENERAL FUND. 357 Council Minutes Cont. February 6, 1978 Page 3 1 Councilman Ahaus moved to suspend the rules and move Ordinance No. 2 10-1978 to second reading, seconded by Councilman Welch and on unanimous 3 voice vote the motion was carried. 4 5 The Clerk read on second reading Ordinance No. 10-1978. 6 7 Councilman Mills moved for engrossment of Ordinance No. 10-1978, 8 seconded by Councilman Paust, and on unanimous voice vote the motion 9 wascarried. 10 11 Councilman Mills moved to suspend the rules and. read Ordinance No. 12 10-1978 on third and final reading by title only, seconded by 13 Councilman Paust and on unanimous voice vote the motion was carried. 14 15 The Clerk read on third reading by title only Ordinance No. 10-1978. 16 17 Ordinance No. 10-1978 was placed on final passage or rejection and on 18 a call of the roll the following was recorded: Ayes: Elstro, Williams, 19 Ahaus, Merchanthouse, Mills, Carter, Paust, Welch, and Austerman. Noes: 20 None. The vote being nine (9) to zero (0) in favor of passage of 21 Ordinance No. 10-1978. 22 23 The Clerk read on first reading by title only Ordinance No. 11-1978 - 24 AN ORDINANCE TO APPROPRIATE FROM THE FEDERAL REVENUE SHARING TRUST FUND. 25 26 President Austerman announced Ordinance No. 11-1978 has to be 27 advertised. 28 29 Councilman Mills announced the Committee of the Whole will meet Monday, 30 February 13, 1978 at 7:00 p.m. in the Board of Works Room in the 31 Municipal Building. 32 33 ' The Clerk read on second reading Ordinance No. 3-1978 - AN ORDINANCE 34 AMENDING ORDINANCE NO. 2325-1968 -COMMONLY KNOWN AS THE ZONING 35 ORDINANCE- OF THE CITY OF RICHMOND, INDIANA, ADOPTED JUNE 3, 1968. 36 37 Councilman Mills moved to dispense with reading the letter from the 38 Plan Commission, seconded by Councilman Paust and on unanimous voice 39 vote the motion was carried. - - 40 41 Mr. Dan Dooley of the Plan Department spoke for his Department and 42 noted the Plan Commission voted 6-0 in favor of passage of this 43 Ordinance. 44 45 Speaking for Ordinance No. 3-1978 was Robert Burton, Attorney For 46 Mr. Brady, contract purchaser and Robert Brady, 2331 Straight Line 47 Pike. 48 49 Councilman Mills moved for engrossment of Ordinance No. 3-1978, 50 seconded by Councilman Paust, and on unanimous voice vote the motion 51 was'' carried. 11/ 52 53 Councilman Mills moved to suspend the rules and read Ordinance No. 54 3-1978 on third and final reading by title only, seconded by 55 Councilman Carter and on unanimous voice vote the motion was carried. 56 57 The Clerk read on third reading by title only Ordinance No. 3-1978. 358 Council Minutes Cont. February 6, 1978 Page 4 1 President Austerman stated he has an indirect interest in this 2 Ordinance as he has discussed financing with Mr. Brady and, if it is 3 the desire of Council, he will disqualify himself from voting on this 4 Ordinance. This was not the desire of Council. 5 6 Ordinance No. 3-1978 was placed on final passage or rejection and on 7 a call of the roll the following was recorded: Ayes: Elstro, Williams, 8 Ahaus, Merchanthouse, Mills, Carter, Paust, Welch, and Austerman. Noes: 9 None. The vote being nine (9) to zero (0) in favor of passage of 10 Ordinance No. 3-1978. 11 12 The Clerk read on second reading Ordinance No. 4-1978 - AN ORDINANCE TO 13 APPROPRIATE FROM THE CUMULATIVE CAPITAL IMPROVEMENT FUND (CIGARETTE TAX) . 14 15 Councilman Mills moved to accept and file the proof of publication for 16 Ordinance No. 4-1978 and Ordinance No. 7-1978, seconded by Councilman 17 Ahaus, and on unanimous voice vote the motion was carried. 18 19 Councilman Ahaus, Chairman of the Community Development, Transportation 20 and Community Service Committee, reported his committee met concerning 21 this. Ordinance and unanimously recommends passage. 22 23 Councilman Mills moved for engrossment of Ordinance. No. 4-1978, 24 seconded by Councilman Paust and on unanimous voice vote the motion was 25 carried. 26 27 Councilman Mills moved to suspend the rules and read Ordinance No. 28 4-1978 on third and final reading by title only, seconded by Councilman 29 Paust and on unanimous voice vote the motion was carried. 30 31 The Clerk read on third reading by title only Ordinance No. 4-1978. 32 33 Ordinance No. 4-1978 was placed on final passage or rejection and on a 34 call of the roll the following was recorded: Ayes: Elstro, Williams, 35 Ahaus, Merchanthouse, Mills, Carter, Paust, Welch, and Austerman. 36 Noes: None. The vote being nine (9) to zero (0) in favor of passage 37 of Ordinance No. 4-1978. 38 39 The Clerk read on second reading Ordinance No. 5-1978 - AN ORDINANCE 40 AMENDING ORDINANCE NO. 2325-1968 COMMONLY KNOWN AS THE ZONING ORDINANCE 41 OF THE CITY OF RICHMOND, INDIANA ADOPTED JUNE 3, 1968. 42 43 Councilman Welch moved to dispense with reading the letter from the Plan 44 Commission, seconded by Councilman Ahaus and on unanimous voice vote the 45 motion was carried. 46 V 47 Mr. Dan Dooley of the Plan Department spoke for his Department and 48 noted the Plan Commission voted 6-0 in favor of passage of this 49 Ordinance. 50 51 Councilman Ahaus moved for engrossment of Ordinance No. 5-1978, seconded 52 by Councilman Paust and on unanimous voice vote the motion was carried. 53 54 Councilman Ahaus moved to suspend the rules and read Ordinance No. 55 5-1978 on third and final reading by title only, seconded by Councilman 56 Welch and on unanimous voice vote the motion was carried. 359 Council Minutes Cont. February 6, 1978 Page 5 1 The Clerk read on third reading by title only Ordinance No. 5-1978. 2 3 Ordinance No. 5-1978 was placed on final passage. or rejction and on 4 a call of the roll the following was recorded: Ayes: Ahaus, 5 Merchanthouse, Mills, Carter, Paust, Welch, and Austerman. Noes: 6 Elstro, and Williams . The vote being seven (7) to two (2) in favor of 7 passage of Ordinance No. 5-1978. 8 9 The Clerk read on second reading Ordinance No. 6-1978 - AN ORDINANCE 10 AMENDING ORDINANCE NO. 2325-1968 COMMONLY KNOWN AS THE ZONING 11 ORDINANCE OF THE, CITY OF RICHMOND, INDIANA, ADOPTED JUNE 3, 1968. 12 13 Councilman Welch moved to dispense with reading the letter from the 14 Plan Commission, seconded by Councilman Paust and on unanimous voice 15 vote the motion was carried. 16 17 Mr. Dan Dooley of the Plan .Department spoke for his department and 18 noted the Plan Commission voted 6-0 in opposition to this Ordinance. 19 20 Councilman Paust moved for engrossment of Ordinance No. 6-1978. 21 seconded by Councilman Welch and on unanimous voice vote the motion 22 was carried. 23 24 Councilman Merchanthouse moved to suspend the rules and read Ordinance 25 No. 6-1978 on third and final reading by title only, seconded by 26 Councilman Mills and on unanimous voice vote the motion was carried. 27 28 The Clerk read on third reading by title only Ordinance No. 6-1978. 29 30 Ordinance No. 6-1978 was placed on final passage or rejection and on a 31 call of the roll the following was recorded: Ayes: Williams, Mills, 32 and Carter. Noes: Elstro, Ahaus, Merchanthouse, Faust, Welch, and 33 Austerman. The vote being three (3) to six (6) in favor of passage 34 of Ordinance No. 6-1978; therefore, the Ordinance was defeated. 35 36 The Clerk read on second reading Ordinance No. 7-1978 - AN ORDINANCE 37 TO APPROPRIATE WITHIN THE MOTOR VEHICLE HIGHWAY FUND. 38 39 The Community Development, Transportation and Community Service 40 Committee met and unanimously recommends that this Ordinance be passed. 41 42 Councilman Paust moved for engrossment of Ordinance No. 7-1978, 43 seconded by Councilman Mills and on unanimous voice vote the motion was 44 carried. • 45 46 Councilman Mills moved to suspend the rules and read Ordinance No. 47 7-1978 on_. `third and final reading by title only, seconded by Councilman 48 Paust and on unanimous voice vote the motion was carried. 49 50 The Clerk read on third reading by title only Ordinance No. 7-1978. 51 52 Ordinance No. 7-1978 was placed on final passage. or rejection and on a 53 call of the roll the following was recorded: Ayes: Elstro, Williams, 54 Ahaus, Merchanthouse, Mills, Carter, Paust, Welch, and Austerman. Noes: 55 None. The vote being nine (9) to zero (0) in favor of passage of 56 Ordinance No. 7-1978. 360 Council Minutes Cont. February 6, 1978 Page 6 1 President Austerman requested the City Attorney look into what Council's 2 preogatiyes are in directing the Sanitary District and other City 3 Departments to not extend City services beyond City limits. He would 4 like to discuss this at the meeting of the Committee of the Whole on 11/ 5 February 13. 6 7 Councilman Merchanthouse noted the City of New York is having a blizzard 8 and they are running garbage trucks with snow plows on the front. 9 10 Councilman Paust stated that the Plan Commission has introduced a new 11 policy of having a representative at Council meetings to discuss the 12 Commission's Actions on Ordinances referred to them. There is nothing 13 in the rules to say the letters from the Commission have to be read, 14 therefore, no motion is needed to dispense with the reading of these 15 letters. 16 17 There being no further business on motion duly made, seconded and passed, 18 the meeting was adjourned. 19 20 Thomas L. Austerman 21 President 22 23 ATTEST: Jo Ellen Trimble 24 City Clerk