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HomeMy Public PortalAbout12-19-1977 340 PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA, DECEMBER 19 , 1977 1 The Common Council of the City of Richmond, Indiana met in regular sessio 2 December 19, 1977. at the hour of 7:30 p.m. in the Council Chambers in the 3 Municipal Building in said City. President Carter presided with the 4 following members present: Messrs. Elstro, Williams, Ahaus, Austerman, 5 Merchanthouse, Mills, Cornett, and Paust. 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 11 as presented, seconded by Councilman Mills and on unanimous-voice vote, notion 12 was carried. 13 Councilman Mills moved to suspend the rules and read Resolution Nos. 14 4Q-1977, 41-1977 and 42-1977 by title only, seconded by Councilman 15 Williams and on'-unanimous-voice vote, motion was carried 16 17 The Clerk read by title only Resolution No. 40-1977, seconded by 18 . Councilman Austerman. The motion carried with Councilman Mills voting no. 19 20 The Clerk read by title only Resolution No. 41-1977 - A RESOLUTION TO 21- TRANSk'ER WITHIN THE MUNICIPAL AIRPORT FUND. 22 . 23 Councilman Mills moved for adoption of Resolution No. 41-1977, -seconded 24 by Councilman Austerman and on unanimous voice vote, motion was carried. 25 26 The Clerk read by title only Resolution No. 42-1977.- A RESOLUTION 27 ADOPTION A FISCAL PLAN AND FISCAL POLICY FOR THE PROVISION OF 28 MUNICIPAL SERVICES TO NEWLY ANNEXED TERRITORIES,. 29 30 Councilman Mills moved this resolution be tabled temporarily until 31 - Ordinance No. 3285-1977 has been read, seconded by Councilman Austerman 32 and -.on unanimous- voice vote, motion was carried. 33 - 34 Mr. Donald Meredith, President of the Board of Works, gave each 35 Councilman a report on weed ordinance enforcement from the Bureau of 36 Buildings. 37 - - . 38 Councilman Merchanthouse recommended: (1) The parking garage should be 39 open the day after Thanksgiving (2) the lights in the parking garage sho ld 40 be on during the holiday season (3) Street Department should reevaluate 41 the street situation during the recent ice storm. 42 43 Councilman Elstro requested the Board of Works and/or Health Department 44 do what they can to 'control Kemper Brothers spreading sawdust in the 45 south end of town. 46 - 47 Councilman Cornett read a letter he sent to Mr. George Sowers, Chairman, 48 of the Wayne County Republican party, submitting his resignation from 49 Council effective December 31, 1977 50 51 President Carter accepted Councilman Cornett's resignation. Councilmen 52 praised Councilman Cornett for his integrity, ethics, and service to the 53 community. Councilman Ahaus requested City Attorney Anderson draft a 54 resolution thanking Councilman Cornett. - 55 56 Councilman Mills moved to suspend the rules and read Ordinance Nos. 57 3308-1977 and 3309-1977 on first reading by title only, seconded by 58 Councilman Williams and -on-unanimous-_voice vote, motion was carried 59 60 The Clerk read on first reading by title only Ordinance No. 3308-1977 61 AN ORDINANCE AUTHORIZING-A'RE; DENTIAL DEVEOPMENT UNIT PROJECT PURSUANT 62 TO ARTICLE 450F ORDINANCE NO. 232'5-1968 -AND-PROVIDING FOR A SPECIAL USE 63 PURSUANT TO ARTICLE. 48 OF ORDINANCE NO. 2325-1968 COMMONLY KNOWN AS THE 64 ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA, ADOPTED JUNE 3, 1968. 65 341 Council Minutes Cont. • December 19, 1977 • Page 2 1 President Carter announced Ordinance No. 3308-1977 is referred .to ' the 2 Plan Commission for their study and recommendation. 3 - 4 The Clerk read on first reading .by title only Ordinance No. 3309-1977 5 AN ORDINANCE REZONING A PART OF THE NORTHEAST QUARTER OF SECTION 9 6 TOWNSHIP 13 NORTH RANGE 1 WEST FROM R-2 SINGLE FAMILY RESIDENTIAL TO 7 C-1 NEIGHBORHOOD BUSINESS CLASSIFICATION PROVIDING FOR NEIGHBORHOOD 8 COMMERCIAL CENTER PURSUANT TO ARTICLE 45 OF ORDINANCE NO. 2325-1968 9 COMMONLY KNOWN. AS THE ZONING ORDINANCE OF THE CITY OF RICHMOND, 10 INDIANA, ADOPTED JUNE 3, 1968. 11 12 President Carter announced Ordinance No. 3309-1977 is referred to the 13 Plan Commission for their study and recommendation. 14 15 The Clerk read on second reading Ordinance No. 3298-1977 - AN ORDINANCE 16 AMENDING AMENDED ORDINANCE NO. 3238-1977 COMMONLY KNOWN AS THE SALARY 17 AND POSITION ORDINANCE OF THE CITY OF RICHMOND, INDIANA, ADOPTED • 18 AUGUST 1, 1977. 19 20 Councilman Merchanthouse moved for engrossment of Ordinance No. 3298- 21 1977, seconded by Councilman Mills and_ an unanimous voice vote, motion was 22 carried. 23 • Councilman Williams moved to suspend the rules and read Ordinance 24 No. 3298-1977 on third and final reading by' title only, seconded by 25 Councilman Ahaus and n=;;manimous-voice vote, motion was carried 26 27 The Clerk read on third reading by title only Ordinance No. 3298-1977. 28 29 Ordinance No. 3298-1977 was placed on final passage or rejection and on 30 a call of the roll the following was recorded: Ayes: Elstro, Williams, 31 Ahaus, Austerman, Merchanthouse; Mills, Cornett, Paust, and Carter. 32 Noes: None.- The note being nine (9) to zero (0) in favor of passage of 33 Ordinance No. 3298-1977. 34 : _ . . • 35 The Clerk read on second reading Ordinance No. 3299-1977 - AN ORDINANCE 36 TO APPROPRIATE FROM THE FEDERAL REVENUE SHARING TRUST FUND. 37 38 Councilman Mills moved proof of publication of Ordinance No. 3299-1977 39 be accepted and filed, seconded by Councilman Paust and on-.unanimous_=voice • 40 vote motion was carried. 41 Speaking for Ordinance No. 3299-1977 was Mr. Jerry Haynes , Director 42 of Transportation for the City of Richmond. 43 • 44 Councilman Mills moved for engrossment of_ Ordinance No. 3299-1977 45 on third and final reading by title only, seconded by Councilman 46 Ahaus and on =unanimou. voice vote, motion was carried. 47 48 The Clerk read on third reading by title only Ordinance No. 3299-1977. 49 50 Ordinance No. 3299-1977 was placed on final passage or. rejection and on 51 a call of the roll the following was recorded: Ayes : Elstro, Williams, III 52 Ahaus, Merchanthouse,' Mills, Paust, and Carter. Noes: Austerman and 53 Cornett. The vote being seven (7) to Two (2) in fatr,or of passage of 54 Ordinance No. 3299-1977. 55 56 The Clerk read on second reading Ordinance No. 3300-1977 - AN 57 ORDINANCE TO APPROPRIATE FROM THE FEDERAL REVENUE SHARING TRUST FUND. 58 • 59 Councilman Mills moved to accept and file proof of publication for 60 Ordinance Nos: 3300-1977, 3301-1977., 3302-1977, 3304-1977, and • 61 3305-1977, seconded by Councilman Paust and =oii _unaniiiin s voice vote, 62 motion was carrcte-. • 32 Council Minutes Cont. December 19, 1977 Page 3 1 Speaking for Ordinance No. 3300-1977 was Mr.Jerry Haynes , Director of 2 Transportation for the -City of Richmond. 3 • 4 Councilman Williams moved for engrossment of Ordinance No. 3300-1977, 5 seconded by Councilman Austerman and ori--unazamous`voice .vote, motion was 6 carried. 7 Councilman Williams moved to suspend the rules and read Ordinance 8 No. 3300-1977 on third and final reading by title only, seconded by 9 Councilman Austerman and on.unanimous voice vote, motion was carried 10 11 The Clerk read on. third reading by title only Ordinance No. 3300-1977. 12 13 Ordinance No. 3300-1977 was placed on final passage or-rejection and 14 on a call of the roll the following was recorded: Ayes: Williams, 15 Austerman, Mills, and Cornett. Noes: Elstro, Ahaus, Merchanthouse, 16 Paust, and Carter. The vote being four (4) to five (5) in favor of 17 passage of Ordinance No. 3300-1977. Motion defeated. • 18 19 The Clerk read on second reading Ordinance No. 3301-1977 - AN ORDINANCE 20 TO APPROPRIATE FROM THE FEDERAL REVENUE SHARING TRUST FUND. 21 22 Councilman Merchanthouse moved for engrossment of Ordinance No. 3301-1977, 23 seconded by Councilman Mills and on uuanimousvoice vote, motion was carried. 24 _ 25 Councilman Merchanthouse moved to suspend the rules and read Ordinance . 26 No. 3301-1977 on third and final reading by title only, seconded by 27 Councilman Mills and , on unanimous voice vote, motion was carried. 28 29 The Clerk read on third reading by title only Ordinance No. 3301-1977. 30 31 Ordinance No. 3301-1977 was placed on final passage or rejection and on 32 a call of the roll the. followitg was recorded: Ayes: Elstro, Williams, 33 Ahaus, Austerman, Merchanthouse, Mills, Cornett, and Paust. Noes: 34 Carter. The vote being eight (8) to one (1) in favor of passage of 35 Ordinance No. 3301-1977. 36 37 The Clerk read on second reading Ordinance. No. 3302-1977 - AN ORDINANCE 38 TO APPROPRIATE FROM THE FEDERAL REVENUE SHARING TRUST FUND. 39 40 Speaking for Ordinance No. 3302-1977 was Mr. Don McBride, Superintendent 41 of Parks and Recreation. 42 43 Councilman Mills moved for engrossment of Ordinance No. 3302-1977, 44 seconded by .Councilman Paust and .on unanimous_ voice vote, motion was carried. 45 46 Councilman Mills moved to suspend the rules and read Ordinance No. 47 3302-1977 on third and final reading by title only, seconded by 48 Councilman Paust and on inuanimous voice vote, motion was carried. 49 • 50 The Clerk read on third reading by title only Ordinance. No. 3302-1977. 51 52 Ordinance No. 3302-1977 was placed on final passage or rejection and 53 on a call of the roll the following was recorded: Ayes: Elstro, 54 Williams, Ahaus , Austerman, Merchanthouse, Mills, Cornett, Paust, 55 and Carter. Noes: None. The vote being nine (9) to zero (0) in 56 favor of passage or Ordinance No. 3302-1977. 57 58 The Clerk read on second reading Ordinance No. 3303-1977 - AN ORDINANCE 59 TO APPROPRIATE FROM THE FhDERAL REVENUE SHARING TRUST FUND. 60 61 Speaking for Ordinance No. 3303-1977 was Mr. Don McBride, Superintendent .f 62 Parks and Recreation. 343 • Council Minutes Cont. December 19, 1977 Page 4 1 Councilman Merchanthouse moved for engrossment of. Ordinance No. 2 3303-1977, seconded by Councilman Mills and on unanimous voice vote, mot_on 3 was carried. 4 Councilman Merchanthouse moved to suspend the rules and read 5 Ordinance No. 330341977 on third and final reading by title only, 6 seconded by -Councilman Mills and 'on' unanimous_voice vote, motion was carded. 7 8 • The Clerk read on third reading by title. only Ordinance No. 3303-1977. 9 10 Ordinance No. 3303-1977 was placed on final passage or rejection and 11 on a call of the roll the following was recorded: AYes: Elstro, 12 Williams, Ahaus, Merchanthouse, Mills, Cornett, Paust, and Carter. 13 Noes: Austerman. The vote being eight (8) to one (1) in favor of 14 passage . of Ordinance No. 3303-1977. 15 16 The Clerk read on second reading Ordinance No. 3304-1977 - AN ORDINANCE 17 TO APPROPRIATE FROM THE FEDERAL REVENUE SHARING TRUST FUND. 18 19 Speaking for Ordinance No. 3304-1977 were City Court Judge Darrell' 20 Beane and Mr. Marty Berg, Executive. Director of CARES. 21 22 Councilman Mills moved. for engrossment of Ordinance No. 3304-1977, 23 seconded by Councilman Ahaus and'_'on. .unanimous: vci=ce vote, motion was carried. 24 25 Councilman- Mills moved to suspend the rules and read Ordinance No. 26 3304-1977 on third and final reading by title only, seconded by 27 Councilman Cornett and on. unanimous= vote, motion was carried. 28 29 The' Clerk read on third reading by title only Ordinance No. 3304-1977. 30 31 Ordinance No. 3304-1977 was placed on final passage or rejection and 32 on a call of the roll the following was recorded: Ayes : Elstro, 33 Williams, Ahaus, Merchanthouse, Mills, Cornett, Paust, and Carter. 34 Noes: Austerman. The vote being eight (8) to one (1) in favor of 35 . passage of Ordinance No. 3304-1977. 36 37 The Clerk read on second reading Ordinance No. 3305-1977 - AN 38 ORDINANCE TO APPROPRIATE FROM THE FEDERAL REVENUE SHARING TRUST FUND. 39 40 Speaking for Ordinance No. 3305-1977 were Mr. Jerry Haynes, Director 41 of Transportation Ms. Carrie Dixon, R.A.T. ; Ms Flossie Cordes; Mr. 42 John Bullington; Mr. .Elmer Toschlog, and Ms. Ruth Comer. 43 • 44 - Councilman Merchanthouse moved for engrossment of Ordinance No. 45 3305-1977, seconded by Councilman Paust and . on: unanimous -voice vote, mot_on 46 was carried. - . 47 Councilman Merchanthouse moved to suspend the rules and read 48 . Ordinance No. 3305-1977 on third and final reading by title only, 49 seconded by Councilman Elstro and .on-_.unanimous voice vote, motion was carried 50 • 51 The Clerk read on third reading by title only Ordinance No. 3305-1977. 52 53 Ordinance No. 3305-19.77 was placed on. final passage- or rejection and 54 . on a call of the roll the following was recorded: Ayes: Elstro, Williams, 55 Merchanthouse, .and Mills. Noes: Ahaus, Austerman, Cornett, Paust, 56 and Carter. The vote being four (4) to five (5) in favor of passage 57 of Ordinance No. 3305-1977. Motion defeated. 58 59 Councilman Mills moved to suspend the rules and read Amended Ordinance No. 60 3270-197.7 on third reading by title only, seconded by Councilman Merchant, 62 house and -:on- unanimous- voice vote, motion was carried. 344 Council Minutes Cont. December 19, 1977 • Page 5 1 The Clerk read on third reading by title only Amended Ordinance No. 2 3270-1977 - AN ORDINANCE TO AMEND ORDINANCE NO. 2825-1973 REGULATING. 3 SEWERS AND WASTE WATER TREATMENT FOR THE RICHMOND SANITARY DISTRICT OF 4 RICHMOND, INDIANA, AND IMPOSING PENALTIES FOR THE VIOLATION THEREOF. 5 6 Amended Ordinance No. 3270-1977 was placed on final passage or 7 rejection and on a call of the roll the following was recorded: Ayes: 8 Williams and Ahaus.- Noes: Elstro, Austerman, Merchanthouse, Mills, 9 Cornett, Paust and Carter. The vote being two (2) to seven (7) in 10 favor of passage of Amended Ordinance No. 3270-1977. Motion defeated. 11 12 Councilman Mills moved to suspend the rules and read Amended Ordinance No. 13 3285-1977, -Ordinance No. 3292-1977 and Ordinance No. 3294-1977 on third reading 14 by title only, seconded by Councilman Paust and' on' -unanimous voice vote, motion 15 was carried. 16 The Clerk read on third reading by title only Amended Ordinance No. 17 3285-1977 - AN ORDINANCE ANNEXING CERTAIN CONTIGUOUS TERRITORY PLATTED 18 AND UNPLATTED, LEGALLY DESCRIBING THE ANNEXED TERRITORY, PROVIDING 19 FOR THE PUBLICATION THEREOF, AND FIXING THE TIME WHEN THE SAME SHALL 20 TAKE EFk'ECT. - 21 22 Amended Ordinance No. 3285-1977 was placed on final passage or 23 rejection and on a call of the roll the following was recorded: Ayes: 24 Ahaus, Austerman, Mills, Cornett, Faust, and Carter. Noes: Elstro, 25 Williams and Merchanthouse. The vote being six (6) to three (3) in 26 favor of passage of Amended Ordinance No. 3285-1977. - 27 28 The Clerk read on third reading by title only Ordinance No. 3292-1977 29 AN ORDINANCE TO APPROPRIATE FROM THE FEDERAL REVENUE SHARING TRUST 30 FUND. 31 32 Ordinance No. 3292-1977 was placed on final passage or rejection and 33 on a call of the roll the following was. recorded: Ayes : Ahaus, 34 Austerman, Mills , Cornett, Faust, and Carter. Noes: -Elstro, Williams, 35 and Merchanthouse. The vote being six (6) to three (3) in favor of 36 passage of Ordinance No. 3292-1977. 37 38 The Clerk read on third reading by title only Ordinance No. 3294-1977 39 AN ORDINANCE TO REPEAL ORDINANCE NO. 3203-1977. 40 41 President Carter read an opinion from the City Attorney, stating 42 President Carter should be disqualified. President Carter disqualified 43 himself and Councilman Mills, President Pro Tem, presided. 44 45 President Pro Tem Mills announced nominations from the floor were open 46 to replace Councilman Carter. Councilman Elstro nominated Mr. Mike 47 LaPorte. Mr. LaPorte was disqualified as he does not live in the 48 City. Councilman Cornett nominated Mr. Robert Burton. Mr. Burton 49 declined. There being no more nominations, Councilman Carter's seat 50 was left vacant. 51 52 Ordinance No. 3294-1977 was placed on final passage or rejection and 53 on a call of the roll the following was recorded: Ayes: Ahaus , Mills, 54 and Paust. Noes: Elstro, Williams, Austerman, Merchanthouse, and Cornett. 55 The vote being three (3) to five (5) in favor of passage of Ordinance No. 56 3294-1977. Ordinance defeated. 345 Council Minutes Cont. December 19, 1977 Page 6 1 Councilman Merchanthouse moved to table Resolution No. 42-1977, 2 seconded by Councilman Elstro. and on unanimous voice vote, motion was carried, 111 3 4 Councilman Mills moved Council's next meeting be Tuesday, January 5 3, 1978, seconded by Councilman Paust and ,on=unanimous voice vote, motion was 6 carried. 7 There being no further business on motion duly made, seconded and 8 passed the meeting was adjourned. 9 10 - James E. Carter 11 President 12 13 ATTEST; Jo Ellen Trimble 14 City Clerk 446 I