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Home My Public Portal About12-05-1977 333 PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA, DECEMBER 5, 1977 1 The Common Council of the City of Richmond, Indiana met in regular session 2 December 5, 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 follow- 4 ing members present: Messrs. Elstro, Williams, Ahaus, Austerman, Merchant- 5 house, Mills, Cornett and Paust. Absent: None. The following business 6 was had, to-wit: 7 ' 8 Councilman Mills gave devotions. 9 10 Councilman Mills reported he was absent from the previous meeting due to 11 being on vacation in Florida. 12 13 Councilman Williams moved to approve the minutes of the previous meeting 14 as prepared, seconded by Councilman Mills and on unanimous voice vote the 15 motion was carried. 16 17 Councilman Mills moved to suspend the rules and read Resolution Nos. 37- 18 1977, 38-1977 and 39-1977 by title only, seconded by Councilman Paust and 19 on unanimous voice vote the motion was carried. 20 21 The Clerk read by title only Resolution No. 37-1977 - A RESOLUTION AUTHORIZ- 22 ING THE EXECUTION OF AN AGREEMENT BETWEEN INDIANA & MICHIGAN ELECTRIC 23 COMPANY AND THE CITY OF RICHMOND, INDIANA, FOR AND ON BEHALF OF ITSELF AND 24 ITS MUNICIPAL LIGHT DEPARTMENT KNOWN AS RICHMOND POWER AND LIGHT OF THE 25 CITY OF RICHMOND, INDIANA. 26 27 Mr. Anderson recommended an amendment to this Resolution to insert in the 28 NOW THEREFORE paragraph "and settlement agreement" after the word. "agree- 29 ment". - 30 31 Councilman Mills moved for the amendment, seconded by Councilman Ahaus. 32 The motion carried with Councilman Carter voting no. 33 34 Councilman Mills moved for adoption of Amended Resolution No. 37-1977, 35 seconded by Councilman Williams. Motion carried with Councilman Carter 36 voting no. 37 38 The Clerk read by title only Resolution No. 38-1977 A RESOLUTION TO TRANS- 39 FER WITHIN THE GENERAL FUND. 40 41 Councilman Elstro moved for adoption of Resolution No. 38-1977, seconded 42 by Councilman Austerman. The motion carried with Councilman Mills and 43 Councilman Williams voting no. 44 45 The Clerk read by title only Resolution No. 39-1977 - A RESOLUTION TO 46 TRANSFER WITHIN THE MOTOR VEHICLE HIGHWAY FUND. 47 48 Councilman Mills moved for adoption of Resolution No. 39-1977, seconded 49 by Councilman Austerman and on unanimous voice vote the motion was carried. 50 51 Mr. Meredith gave the following reports from the Board of Works: 52 1. The property located at 106 S. W. "F" Street is owned by Betty Wynn. 53 Mr. Charles Roberts discussed the condition of the property with Ms. 54 Wynn on November 21, 1977. The carpenter work has been completed and 55 the electrical work will be the next major repair. Insulation and 56 siding will be next spring. She states she owes approximately $1,000. 57 on this property. She further stated she is tired of harrassment 58 from the City. 59 60 2. Celia Bock owns the property at 107 S. W. "E" which is currently being 61 used for storage of electrical supplies by Kain Electric. Kain has 62 agreed to do repairs and work will be started as weather permits. 63 64 3. Report from Bob Goodwin on the Zaleski parking lot at 7th & Promenade 65 stated he has requested Attorney George Sowers to file an information 66 with the Courts. This document informs the' Court that the injunction 334 Council Minutes cont'd. December 5, 1977 Page 2 1 issued against the parking lot is being violated and asks that the violator 2 be cited for contempt of Court. The information was filed on November 16, 3 1977. Mr. Meredith stated he has been contacted by Mr. Zaleski and his 11/ 4 attorney to see what they con do to construct a legal parking lot at this 5 location. 6 7 4. There is a buyer for the property at 508 South 10th Street who is having 8 some legal problem. 9 10 Councilman Mills asked the Board to check into complaints he has received 11 from residents of Hidden Valley who feel they are being harrassed by the 12 Dog Warden. 13 14 Councilman Paust stated he has correspondence from the Mayor in reference 15 to reappointment of Mr. Norman Pilgrim as a member of the Redevelopment 16 Trustees and whose term expires on December 31, 1977. Mr. Paust so moved, 17 seconded by Councilman Mills and on unanimous voice vote the motion was 18 carried. 19 20 Councilman Mills moved to suspend the rules and read Ordinance Nos. 3296- 21 1977 through 3307-1977 on first reading by title only, seconded by Council- 22 man Merchanthouse and on unanimous voice vote the motion was carried. 23 24 The Clerk read on first reading by title only Ordinance No. 3296-1977 - 25 AN ORDINANCE AMENDING ORDINANCE NO. 2325-1968 COMMONLY KNOWN AS THE ZONING 26 ORDINANCE OF THE CITY OF RICHMOND, INDIANA, ADOPTED JUNE 3, 1968. 27 28 President Carter announced Ordinance No. 3296-1977 is referred to the Plan 29 Commission for their study and recommendation. 30 31 The Clerk read on first reading by title only Ordinance No. 3297-1977 - AN 32 ORDINANCE PROVIDING FOR ADDITIONAL LONGEVITY PAY FOR FIREFIGHTERS. 33 34 Councilman Austerman moved to suspend the rules and read Ordinance No. 3297- 35 1977 on second reading, seconded by Councilman Williams and on unanimous 36 voice vote the motion was carried. 37 38 The Clerk read on second reading Ordinance No. 3297-1977. 39 40 Councilman Mills moved for engrossment of Ordinance No. 3297-1977, seconded 41 by Councilman Williams and on unanimous voice vote the motion was carried. 42 43 Councilman Mills moved to suspend the rules and read Ordinance No. 3297- 44 1977 on third and final reading by title only, seconded by Councilman 45 Austerman and on unanimous voice vote the motion was carried. 46 47 The Clerk read on third reading by title only Ordinance No. 3297-1977. 48 49 Ordinance No. 3297-1977 was placed on final passage or rejection and on a 50 call of the roll the following was recorded: Ayes: Elstro, Williams, 51 Ahaus, Austerman, Merchanthouse, Mills, Cornett, Paust and Carter. Noes: 52 None. The vote being nine (9) to zero (0) in favor of passage of Ordinance 53 No. 3297-1977. 54 55 The Clerk read on first reading by title only Ordinance No. 3298-1977 - AN 56 ORDINANCE AMENDING AMENDED ORDINANCE NO. 3238-1977 COMMONLY KNOWN AS THE 57 SALARY AND POSITION ORDINANCE OF THE CITY OF RICHMOND, INDIANA, ADOPTED 58 AUGUST 1, 1977. 59 60 Councilman Austerman moved to suspend the rules and read Ordinance No. 3298- 61 1977 on second reading, seconded by Councilman Williams. Councilman Elstro 62 voted no. 63 64 The Clerk read on first reading by title only Ordinance No. 3299-1977 - AN 65 ORDINANCE TO APPROPRIATE FROM THE FEDERAL REVENUE SHARING TRUST FUND. 335 Common Council Minutes cont'd. December 5, 1977 Page 3 1 President Carter announced Ordinance No. 3299-1977 has to be advertised. 2 3 The Clerk read on first reading by title only Ordinance No. 3300-1977 - 4 AN ORDINANCE TO APPROPRIATE FROM THE FEDERAL REVENUE SHARING TRUST FUND. 5 6 President Carter announced Ordinance No. 3300-1977 has to be advertised. 7 8 The Clerk read on first reading by title only Ordinance No. 3301-1977 - AN 9 ORDINANCE TO APPROPRIATE FROM THE FEDERAL REVENUE SHARING TRUST FUND. 10 11 President Carter announced Ordinance No. 3301-1977 has to be advertised. 12 13 The Clerk read on first reading by title only Ordinance No. 3302-1977 - 14 AN ORDINANCE TO APPROPRIATE FROM THE FEDERAL REVENUE SHARING TRUST FUND. 15 16 President Carter announced Ordinance No. 3302-1977 has to be advertised. 17 18 The Clerk read on first reading by title only Ordinance No. 3303-1977 - AN 19 ORDINANCE TO APPROPRIATE FROM THE FEDERAL REVENUE SHARING TRUST FUND. 20 21 President Carter announced Ordinance No. 3303-1977 has to be advertised. 22 23 The Clerk read on first reading by title only Ordinance No. 3304-1977 - AN 24 ORDINANCE TO APPROPRIATE FROM THE FEDERAL REVENUE SHARING TRUST FUND. 25 26 President Carter announced Ordinance No. 3304-1977 has to be advertised. 27 28 The Clerk read on first reading by title only Ordinance No. 3305-1977 - AN 29 ORDINANCE TO APPROPRIATE FROM THE FEDERAL REVENUE SHARING TRUST FUND. 30 31 President Carter announced Ordinance No. 3305-1977 has to be advertised. 32 33 Council requested Carrie Dixon attend the next meeting to explain the 34 operating budget of R.A.T. and the number of vehicles. 35 36 The Clerk read on first reading by title only Ordinance No. 3306-1977 - AN 37 ORDINANCE TO TRANSFER WITHIN THE MUNICIPAL AIRPORT FUND. 38 39 Councilman Merchanthouse moved to suspend the rules and read Ordinance No. 40 3306-1977 on second reading, seconded by Councilman Mills and on unanimous 41 voice vote the motion was carried. 42 43 The Clerk read on second reading Ordinance No. 3306-1977. 44 45 Councilman Mills moved for engrossment of Ordinance No. 3306-1977, seconded 46 by Councilman Ahaus and on unanimous voice vote the motion was carried. 47 48 Councilman Mills moved to suspend the rules and read Ordinance No. 3306- 49 1977 on third and final reading by title only, seconded by Councilman Ahaus 50 and on unanimous voice vote the motion was carried. 51 52 The Clerk read on third reading by title only Ordinance No. 3306-1977. 53 54 Ordinance No. 3306-1977 was placed on final passage or rejection and on a 55 call of the roll the following was recorded: Ayes: Elstro, Williams, 56 Ahaus, Austerman, Merchanthouse, Mills, Cornett, Paust and Carter. Noes: 57 None. The vote being nine (9) to zero (0) in favor of passage of Ordinance 58 No. 3306-1977. 59 60 The Clerk read on first reading by title only Ordinance No. 3307-1977. 61 62 Councilman Austerman moved to suspend the rules and read Ordinance No. 63 3307-1977 on second reading, seconded by Councilman Mills and on unanimous 64 voice vote the motion was carried. 65 66 The Clerk read on second reading Ordinance No. 3307-1977. 33 • Common Council Minutes cont'd. December 5, 1977 Page 4 1 Speaking for Ordinance No. 3307-1977 was Don McBride, Superintendent of 2 Park & Recreation. 3 4 Councilman Austerman moved for engrossment of Ordinance No. 3307-1977, 5 seconded by Councilman Ahaus and on unanimous voice vote the motion was 6 carried. 7 8 Councilman Austerman moved to suspend the rules and read Ordinance No. 3307- 9 1977 on third and final reading by title only, seconded by Councilman Ahaus 10 and on unanimous voice vote the motion was carried. 11 12 The Clerk read on third reading by title only Ordinance No. 3307-1977. 13 14 Ordinance No. 3307-1977 was placed on final passage or rejection and on a 15 call of the roll the following was recorded: Ayes: Elstro, Williams, Ahaus, 16 Austerman, Merchanthouse, Mills, Cornett, Paust and Carter. Noes: None. 17 The vote being nine (9) to zero (0) in favor of passage of Ordinance No.. 18 3307-1977. 19 20 The Clerk read on second reading Amended Ordinance No. 3270-1977 - AN 21 ORDINANCE TO AMEND ORDINANCE NO. 2858-1973 REGULATING SEWERS AND WASTE WATER 22 TREATMENT FOR THE RICHMOND SANITARY DISTRICT OF RICHMOND, INDIANA, AND IM- 23 POSING PENALTIES FOR THE VIOLATION THEREOF. 24 25 Councilman Elstro reported his committee has met and at this time they can- 26 not support this ordinance. 27 28 President Carter read a letter from the Homebuilders Association against 29 this ordinance. 30 31 Speaking for Amended Ordinance No. 3270-1977 was Mr. Bing Welch, Chairman 32 of the Richmond Board of Sanitary Commissioners. 33 34 Speaking against Amended Ordinance No. 3270-1977 was Builder Ed Nicholson, 35 881 Hidden Valley Lane. 36 37 Councilman Austerman moved for engrossment of Amended Ordinance No. 3270- 38 1977, seconded by Councilman Paust and on unanimous voice vote the motion 39 was carried. 40 41 Councilman Austerman moved to suspend the rules and read Amended Ordinance 42 No. 3270-1977 on third and final reading by title only, seconded by 43 Councilman Elstro. Councilman Williams voted no. 44 45 The Clerk read on second reading Ordinance No. 3271-1977 - AN ORDINANCE 46 AUTHORIZING A "SPECIAL USE" IN AN R-3 ONE-TO-EIGHT FAMILY RESIDENCE DISTRICT 47 OF ORDINANCE NO. 2325-1968 COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY 48 OF RICHMOND, INDIANA, APPROVED JUNE 3, 1968. 49 50 Councilman Austerman moved to dispense with the reading of the letter from 51 the Plan Commission, seconded by Councilman Paust and on unanimous voice 52 vote the motion was carried. 53 54 The Clerk stated the Plan Commission voted seven (7) to zero (0) to rec- 55 ommend passage of Ordinance No. 3271-1977. 56 57 Speaking for Ordinance No. 3271-1977 was Mr. Ron Cross, Attorney for Friends 58 Fellowship. 59 60 Councilman Merchanthouse moved for engrossment of Ordinance No. 3271-1977 61 seconded by Councilman Mills and on unanimous voice vote the motion was 62 carried. 63 64 Councilman Merchanthouse moved to suspend the rules and read Ordinance No. 65 3271-1977 on third and final reading by title only, seconded by Councilman 66 Williams and on unanimous voice vote the motion was carried. 337 Common Council Minutes cont'd. December 5, 1977 Page'5 1 The Clerk read on third reading by title only Ordinance No. 3271-1977. 2 3 Ordinance No. 3271-1977 was placed on final passage or rejection and on 4 a call of the roll the following was recorded: Ayes: Elstro, Williams, 5 Ahaus, Austerman, Merchanthouse, Mills, Cornett, Paust and Carter. Noes: 6 , None. The vote being nine (9) to zero (0) in favor of passage of Ordi- 7 nance No. 3271-1977. 8 9 The Clerk read on second reading Ordinance No. 3285-1977 - AN ORDINANCE 10 ANNEXING CERTAIN CONTIGUOUS TERRITORY PLATTED AND UNPLATTED, AND SIMUL- 11 TANEOUSLY ZONING THE SUBJECT AREA TO C-4 GENERAL BUSINESS DISTRICT, 12 LEGALLY DESCRIBING THE ANNEXED TERRITORY, PROVIDING FOR THE PUBLICATION 13 THEREOF, AND FIXING THE TIME WHEN THE SAME SHALL TAKE EFFECT. 14 15 President Carter read a letter from City Attorney Ed Anderson stating this 16 ordinance was originally referred to the Plan Commission because it 17 contained zoning. There need not be a public hearing on annexation without 18 zoning. 19 20 Mr. Anderson recommended amending Ordinance No. 3285-1977 by striking all 21 references to zoning, specifically: (1) strike in the title "AND SIMUL- 22 TANEOUSLY ZONING THE SUBJECT AREA TO C-4 GENERAL BUSINESS DISTRICT" (2) 23 strike SECTION NO. 2 (3) strike paragraph APPROVED" by Plan Commission, etc. 24 (4) in paragraph ALSO SUBJECT TO: strike "containing an area of two and 25 fourteen hundredths (2. 14) total acres, more or less". 26 27 Mr. Anderson further recommended this ordinance be held up until the 28 December 19th meeting so the Plan Director can submit a fiscal plan to 29 the Board of Works for its recommendation. 30 31 Speaking against Ordinance No. 3285-1977 was Mr. Robert Burton, Attorney 32 for residents of Center Township. 33 34 Councilman Austerman moved amendments be accepted, seconded by Councilman 35 Paust and on unanimous voice vote the motion was carried. 36 37 Councilman Merchanthouse moved to strike Amended Ordinance No. 3285-1977, 38 seconded by Councilman Williams and on a call of the roll the following 39 was recorded: Ayes: Elstro, Williams and Merchanthouse. Noes: Ahaus, 40 Austerman, Mills, Cornett, Paust and Carter. The vote being three (3) to 41 six (6) in favor of the motion; therefore, the motion was defeated. 42 43 Councilman Austerman moved for engrossment of Amended Ordinance No. 3285- 44 1977, seconded by Councilman Cornett and on a call of the roll the follow- 45 ing was recorded: Ayes: Ahaus, Austerman, Mills, Cornett, Paust and 46 Carter. Noes: Elstro, Williams and Merchanthouse. The vote being six (6) 47 to three (3) in favor of the motion. 48 49 The Clerk read on second reading Ordinance No. 3292-1977 - AN ORDINANCE TO 50 - APPROPRIATE FROM THE FEDERAL REVENUE SHARING TRUST FUND. 51 52 City Attorney Ed Anderson examined proof of publication and found it to be 53 in order. Councilman Mills moved it be accepted and filed, seconded by 54 Councilman Austerman and on unanimous voice vote the motion was carried. 55 56 Councilman Mills moved for engrossment of Ordinance No. 3292-1977, seconded 57 by Councilman Austerman. The motion carried with Councilman Merchanthouse 58 voting no. 59 60 Councilman Mills moved to suspend the rules and read Ordinance No. 3292- 61 1977 . on third and final reading by title only, seconded by Councilman 62 Cornett. Councilmen Merchanthouse, Elstro and Williams voted no. 63 64 The Clerk read on second reading Ordinance No. 3293-1977 - AN ORDINANCE 65 AMENDING ORDINANCE NO. 2325-1968 COMMONLY KNOWN AS THE ZONING ORDINANCE 66 OF THE CITY OF RICHMOND, INDIANA ADOPTED JUNE 3, 1968. 338 Common Council Minutes cont'd. December 5, 1977 Page 6 1 The Clerk read a letter from the Plan Commission stating their vote of 2 seven (7) to zero (0) to allow this change. 3 4 Speaking for Ordinance No. 3293-1977 was Mr. Jeff Robinson, President of 5 Robfam Ranch, Inc. 6 7 Councilman Williams moved for engrossment of Ordinance No. 3293-1977, 8 ' seconded by Councilman Austerman and on unanimous voice vote the motion 9 was carried. 10 11 Councilman Williams moved to suspend the rules and read Ordinance No. 12 3293-1977 on third and final reading by title only, seconded by Councilman 13 Ahaus and on unanimous voice vote the motion was carried. 14 15 The Clerk read on third reading by title only Ordinance No. 3293-1977. 16 17 Ordinance No. 3293-1977 was placed on final passage or rejection and on a 18 call of the roll the following was recorded: -Ayes: Elstro, Williams, Ahaus, 19 Austerman, Merchanthouse, Mills, Cornett, Paust and Carter. Noes: None. 20 The vote being nine (9) to zero (0) in favor of passage of Ordinance No. 21 3293-1977. 22 23 The Clerk read on second reading Ordinance No. 3294-1977 - AN ORDINANCE TO 24 REPEAL ORDINANCE NO. 3203-1977. 25 26 Speaking against Ordinance No. 3294-1977 was Attorney Robert Burton. 27 28 Councilman Austerman moved for engrossment of Ordinance No. 3294-1977, 29 seconded by Councilman Paust. The motion carried with Councilmen Merchant- 30 house and Williams voting no. 31 32 President Carter asked for an opinion from the City Attorney concerning his 33 voting on this Ordinance as he had disqualified himself from voting on 34 Ordinance No. 3203-1977. 35 36 City Attorney Anderson stated he should ask permission from Council to merely 37 abstain from voting. 38 39 Councilman Austerman moved to suspend the rules and read Ordinance No. 3294- 40 1977 on third and final reading by title only, seconded by Councilman Ahaus. 41 42 President Carter announced this ordinance is held and will be back on third 43 reading at the next Council meeting. 44 45 The Clerk read on second reading Ordinance No. 3295-1977 - AN ORDINANCE 46 TO APPROPRIATE FROM THE ANTIRECESSION FISCAL ASSISTANCE FUND. 47 48 City Attorney Anderson examined proof of publication and found it to be 49 in order. Councilman Mills moved it be accepted and filed, seconded by 50 Councilman Paust and on unanimous voice vote the motion was carried. 51 52 Councilman Mills moved for engrossment of Ordinance No. 3295-1977, seconded 53 by Councilman Paust and on unanimous voice vote the motion was carried. 54 55 Councilman Mills moved to suspend the rules and read Ordinance No. 3295- 56 1977 on third and final reading by title only, seconded by Councilman 57 Elstro and on unanimous voice vote the motion was carried. 58 59 The Clerk read on third reading by title only Ordinance No. 3295-1977. 60 61 Ordinance No. 3295-1977 was placed on final passage or rejection and on a 62 call of the roll the following was recorded: Ayes: Elstro, Williams, Ahaus, 63 Austerman, Merchanthouse, Mills, Cornett, Paust and Carter. Noes: None. 64 The vote being nine (9) to zero (0) in favor of passage of Ordinance No. 65 3295-1977. 339 Common Council Minutes cont'd. December 5, 1977 Page 7 1 Councilman Mills moved to suspend the rules and read Ordinance No. 3289- 2 1977 on third 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. 3289-1977 - AN 6 ORDINANCE TO APPROPRIATE FROM THE LOCAL ROAD AND STREET FUND. 7 8 Ordinance No. 3289-1977 was placed on final passage or rejection and on a 9 call of the roll the following was recorded: Ayes: Elstro, Williams, 10 Ahaus, Austerman, Merchanthouse, Mills, Cornett .and Paust. Noes: Carter. 11 The vote being eight (8) to one (1) in favor of passage of Ordinance No. 12 3289-1977. 13 14 Councilman Austerman moved to suspend the rules and read Ordinance No. 15 3290-1977 on third reading by title only, seconded by Councilman Mills 16 and on unanimous voice vote the motion was carried. 17 . 18 The Clerk read on third reading by title only Ordinance No. 3290-1977. 19 20 Ordinance No. 3290-1977 was placed on final passage or rejection and on a 21 call of the roll the following was recorded: Ayes: Elstro, Williams, 22 Ahaus, Austerman, Merchanthouse, Mills, Cornett and Paust. Noes: Carter. 23 The vote being eight (8) to one (1) in favor of passage of Ordinance No. 24 3290-1977. 25 26 Councilman Austerman moved to remove from the table Ordinance No. 3287 27 1977, seconded by Councilman Cornett. The motion carried with Councilman 28 Ahaus voting no. 29 30 Councilman Austerman moved to strike Ordinance No. 3287-1977, seconded by 31 Councilman Cornett and on unanimous voice vote the motion was carried. 32 33 Councilman Austerman moved to remove from the table Ordinance No. 3288- 34 1977, seconded by Councilman Cornett. The motion carried with Councilman 35 Ahaus voting no. 36 37 Councilman Austerman moved to strike Ordinance No. 3288-1977, seconded by 38 Councilman Cornett. The motion carried with Councilman Mills voting no. 39 40 There being no further business on motion duly made, seconded and passed 41 the meeting was adjourned. 42 43 James E. Carter 44 President 45 46 ATTEST: JoEllen Trimble 47 City Clerk