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HomeMy Public PortalAbout11-07-1977 321 PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA, NOVEMBER 7, 1977 1 The Common Council of the City of Richmond, Indiana met in regular session 2 November 7, 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 Merchanthouse 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 the 12 motion was carried. 13 14 Councilman Mills moved to suspend the rules and read Resolutions No.32-1977, 15 33-1977, 34-1977 and 35-1977 by title only, seconded by Councilman Austermar 16 and on unanimous voice vote the motion was carried. 17 18 The Clerk read by title only Resolution No. 32-1977 - A RESOLUTION AUTHOR- 19 IZING THE HOUSING AUTHORITY OF THE CITY OF RICHMOND TO ACCEPT FIFTY ADDI- 20 TIONAL UNITS OF HOUSING ASSISTANCE PAYMENTS TO THE ELDERLY. PURSUANT TO 21 SECTION 8 OF THE UNITED STATES HOUSING ACT OF 1937. 22 23 Speaking in favor of and explaining Resolution .No. 32-1977 was Mr. John 24 Fienning, Executive Director of the Richmond Housing Authority. 25 26 Councilman Paust moved for adoption of Resolution No. 32-1977, seconded by 27 Councilman Cornett and on unanimous voice vote the motion was carried. 28 29 The Clerk read by title only Resolution No. 33-1977 - A RESOLUTION TO 30 TRANSFER WITHIN THE GENERAL FUND. 31 32 Councilman Merchanthouse moved for adoption of Resolution No. 33-1977, 33 seconded by Councilman Mills and on unanimous voice vote the motion was 34 carried. 35 36 The Clerk read by title only Resolution No. 34-1977 - A RESOLUTION TO 37 TRANSFER WITHIN THE GENERAL FUND. 38 39 Councilman Mills moved for adoption of Resolution No. 34-1977, seconded by 40 Councilman Cornett and on unanimous voice vote the motion was carried. 41 42 The Clerk read by title only Resolution No. 35-1977 - A RESOLUTION TO 43 TRANSFER WITHIN THE GENERAL FUND. 44 45 Councilman Williams moved for adoption of Resolution No. 35-1977, seconded 46 by Councilman Austerman and on unanimous voice vote the motion was carried. 47 48 Councilman Elstro requested the Board of Works check properties located 49 at 106 S. W. "F", 109 S. W. "E" and the corner of 7th and Promenade. Mr. 50 Bob Goodwin of the Plan Department stated the area at 7th and Promenade is 51 under court injunction and he will check the situation. 52 II 53 City Controller Don Meredith made a statement concerning the retiring of 54 Deputy Controller Esther Thomas, who has served the City for the past 55 twenty-four (24) years, noting she has done a fine and outstanding job 56 for the City. President Carter suggested a Resolution be prepared honoring 57 her for her fine service. 58 59 Mr. Meredith stated companion Ordinance Nos. 3287 .and 3288 are being read 60 on 1st reading tonight, which were written to appropriate funds for the 61 improvement of South "L" Street and Garwood Road Thoroughfare System. The 62 use of the street names is for the purpose of identifying the area and not 63 an attempt to establish a route. In order to eliminate any further 64 confusion, Mr. Meredith recommends these ordinances be amended to read 65 "Improvement of Southeast Richmond Road Thoroughfare System". 322 Council Minutes Cont'd. November 7, 1977 Page 2 1 Director of City Planning Robert Goodwin made the following statement: 2 3 "In Council 's second meeting in October on October 17, 1977, Ordinance 4 No. 3235 was sent back to Planning Commission for further study and 5 amendment to possibly exclude the acreage commonly referred to as the 6 Grant Property. 7 8 The Planning Commission has not yet met on this particular request. 9 Their meeting is scheduled for the 22nd of_this month. 10 11 You will have an Ordinance No. 3285 before you tonight for 1st reading. 12 This Ordinance is sponsored by Councilman Austerman, and is for the 13 purpose of annexing 18.455 acres which represents the property owned 14 by Grants and by Consolidated Enterprises, Inc. 15 16 It is my opinion and the opinion of our legal counsel that we should 17 not have two (2) Ordinances annexing the same property at the same time. 18 19 Therefore, before Ordinance No. 3285 is introduced on 1st reading, I 20 would recommend that Ordinance No. 3235-1977 be recalled from the 21 Planning Commission and stricken from the records. 22 23 The balance of the area included in Ordinance No. 3235 would then be 24 re-introduced to Council as a new Ordinance with all maps , plans and 25 other data modified to reflect the reduction in acreage and assessed 26 value as well as any other changes the Planning Commission may request 27 when properly prepared and documented. " 28 29 Councilman Mills moved to bring Ordinance No. 3235-1977 back on the floor, 11/ 30 seconded by Councilman Ahaus and on unanimous voice vote the motion was 31 carried. 32 33 Councilman Mills moved to have Ordinance No. 3235-1977 stricken from the 34 record, seconded by Councilman Paust. Motion carried with Councilman 35 Merchanthouse voting no. 36 37 Councilman Mills moved to suspend the rules and read Ordinance Nos. 3285- 38 1977, 3286-1977, 3287-1977, 3288-1977, 3289-1977, 3290-1977 and 3291-1977 39 on first reading by title only, seconded by Councilman Ahaus and on unani- 40 mous voice vote the motion was carried. 41 42 The Clerk read on first reading by title only Ordinance No. 3285-1977 - 43 AN ORDINANCE ANNEXING CERTAIN CONTIGUOUS TERRITORY PLATTED AND UNPLATTED, 44 AND SIMULTANEOUSLY ZONING THE SUBJECT AREA C-4 GENERAL BUSINESS DISTRICT, 45 LEGALLY DESCRIBING THE ANNEXED TERRITORY, PROVIDING FOR THE PUBLICATION 46 THEREOF, AND FIXING THE TIME WHEN THE SAME SHALL TAKE EFFECT. 47 48 Speaking on Ordinance No. 3285-1977 was Mr. David Dennis, local counsel for 49 the trustee of the W. T. Grant Co. He stated the trustee prefers no action 50 be taken on this Ordinance until the order of sale is issued so the pur- 51 chaser can state their views on annexation and zoning. 52 53 President Carter announced Ordinance No. 3285-1977 is referred to the 54 Plan Commission for study and recommendation. 55 56 The Clerk read on first reading by title only Ordinance No. 3286-1977 - AN 57 ORDINANCE TO TRANSFER WITHIN THE MOTOR VEHICLE HIGHWAY FUND. 58 59 Councilman Merchanthouse moved to suspend the rules and read Ordinance No. 60 3286-1977 on second reading, seconded by Councilman Paust and on unanimous 61 voice vote the motion was carried. 62 63 The Clerk read on second reading Ordinance No. 3286-1977. 323 Council Minutes Cont'd. November 7, 1977 Page 3 1 Councilman Williams moved for engrossment of Ordinance No. 3286-1977, 2 seconded by Councilman Mills and on unanimous voice vote the motion was 3 carried. 4 5 Councilman. Williams moved to suspend the rules and read Ordinance No. 3286- E 1977 on third and final reading by title only, seconded by Councilman 7 Mills and on unanimous voice vote the motion was carried. 8 9 The Clerk read on third reading by title only Ordinance No. 3286-1977. 10 11 Ordinance No. 3286-1977 was placed on final passage or rejection and on 12 a call of the roll the following was recorded: Ayes: Elstro, Williams, 13 Ahaus, Austerman, Merchanthouse, Mills, Cornett, Paust and Carter. Noes: 14 None. The vote being nine (9) to zero (0) in favor of passage of Ordinance 15 No. 3286-1977. 16 17 The Clerk read on first reading by title only Ordinance No. 3287-1977 - 18 AN ORDINANCE TO APPROPRIATE FROM THE CUMULATIVE CAPITAL IMPROVEMENT FUND 19 (CIGARETTE TAX). 20 21 Councilman Cornett moved to amend Ordinance No. 3287-1977 to delete 22 "IMPROVEMENT OF SOUTH L STREET AND GARWOOD ROAD THOROUGHFARE SYSTEM" and 23 insert "IMPROVEMENT OF SOUTHEAST RICHMOND ROAD THOROUGHFARE SYSTEM", 24 seconded by Councilman Mills and on unanimous voice vote the motion was 25 carried. 26 27 President Carter announced Amended Ordinance No. 3287-1977 has to be 28 advertised. 29 30 The Clerk read on first reading by title only Ordinance No. 3288-1977 - 31 AN ORDINANCE TO APPROPRIATE FROM THE LOCAL ROAD AND STREET FUND. 32 33 Councilman Cornett moved to amend Ordinance No. 3288-1977 to delete 34 "IMPROVEMENT OF SOUTH L STREET AND GARWOOD ROAD THOROUGHFARE SYSTEM" and 35 insert "IMPROVEMENT OF SOUTHEAST RICHMOND ROAD THOROUGHFARE SYSTEM" , 36 seconded by Councilman Paust and on unanimous voice vote the motion was 37 carried. 38 39 President Carter announced Amended Ordinance No. 3288-1977 has to be 40 advertised. 41 42 The Clerk read on first readinb by title only Ordinance No. 3289-1977 - AN 43 ORDINANCE TO APPROPRIATE FROM THE LOCAL ROAD AND STREET FUND. 44 45 President Carter announced Ordinance No. 3289-1977 has to be advertised. 46 47 The Clerk read on first reading by title only Ordinance No. 3290-1977 - AN 48 ORDINANCE TO APPROPRIATE FROM THE CUMULATIVE CAPITAL IMPROVEMENT FUND 49 (CIGARETTE TAX) . 50 - 51 President Carter announced Ordinance No. 3290-1977 has to be advertised. 52 53 The Clerk read on first reading by title only Ordinance No. 3291-1977 - AN 54 ORDINANCE TO TRANSFER WITHIN THE PARK AND RECREATION FUND. 55 56 Councilman Austerman moved to suspend the rules and read Ordinance No. 57 3291-1977 on second reading, seconded by Councilman Cornett and on unani- 58 mous voice vote the motion was carried. 59 60 The Clerk read on second reading Ordinance No. 3291-1977. 61 62 Speaking for Ordinance No. 3291-1977 was Superintendent of the Park 63 Department Don McBride. 64 65 Councilman Mills moved for engrossment of Ordinance No. 3291-1977, seconded 66 by Councilman Paust and on unanimous voice vote the motion was carried. 324 Council Minutes Cont'd. November 7, 1977 Page 4 1 Councilman Ahaus moved to suspend the rules and read Ordinance No. 3291-1977 2 on third and final reading by title only, seconded by Councilman Mills and 3 on unanimous voice vote the motion was carried. 4 5 The Clerk read on third reading by title only Ordinance No. 3291-1977. 6 7 Ordinance No. 3291-1977 was placed on final passage or rejection and on a 8 call of the roll the following was recorded: Ayes: Elstro, Williams, Ahaus, 9 Austerman, Merchanthouse, Mills, Cornett, Paust and Carter. Noes: None. 10 The vote being nine (9) to zero (0) in favor of passage of Ordinance No. 11 3291-1977. 12 13 The Clerk read on second reading Ordinance No. 3267-1977 - AN ORDINANCE 14 CONCERNING THE HEALTH, SAFETY AND WELFARE OF THE PEOPLE OF THE CITY OF 15 RICHMOND, INDIANA. 16 17 Councilman Paust moved to amend Ordinance No. 3267-1977 Section 3 (b) to add 18 "or persons employed by an accredited hospital or nursing home", seconded by 19 Councilman Austerman and on unanimous voice vote the motion was carried. 20 21 Councilman Cornett moved to amend Ordinance No. 3267-1977 Section 3 add (d) 22 "This ordinance shall not apply to organizations which are qualified under 23 Section 501 (c) (3) of the Internal Revenue Code and to which organizations 24 contributions by individuals are deductible, for Federal Income Tax purposes 25 as a charitable contribution; this ordinance shall not apply to individuals 26 while acting in the employ of such organizatons", seconded by Councilman 27 Merchanthouse. Motion carried with Councilman Mills voting no. 28 29 Councilman Austerman moved to amend Ordinance No. 3267-1977 Section 9 to 30 add "and Patrons" to the title and to create sections (a) and (b) with (b) 31 reading "The licensee or person designated by the licensee of a public bath, 32 steam bath, health club, reducing salon, or massage establishment shall 33 maintain a register of all patrons receiving a massage. Such register shall 34 include name, drivers license number or social security number and age of 35 the patron and shall be maintained for a period of not less than one (1 ) 36 calendar year and shall be available for inspection during regular business 37 hours by representatives of the City of Richmond", seconded by Councilman 38 Cornett and on unanimous voice vote the motion was carried. 39 40 Councilman Mills moved to amend Ordinance No. 3267-1977 Section 10 to strike 41 (District Health Department) and add "and Wayne County Health Department", 42 seconded by Councilman Cornett and on unanimous voice vote the motion was 43 carried. 44 45 Councilman Austerman moved to amend Ordinance No. 3267-1977 Section 12 (a) 46 to strike "City Plumbing Code" and add "Uniform Plumbing Code", seconded by 47 Councilman Ahaus and on unanimous voice vote the motion was carried. 48 49 Councilman Austerman moved to amend Ordinance No. 3267-1977 Section 12 (f) 50 to delete "City Uniform Electrical Code" and add "National Electrical Code" , 51 seconded by Councilman Cornett and on unanimous voice vote the motion was 52 carried. 53 54 Councilman Mills moved to amend Ordinance No. 3267-1977 Section 20 to read 55 $1 ,000.00 instead of $300.00 and strike "or by imprisonment for a period not 56 to exceed six (6) months or by both such fine and imprisonment", seconded by 57 Councilman Cornett and on unanimous voice vote the motion was carried. 58 59 Speaking in favor of Ordinance No. 3267-1977 was Mr. James Duke, 118 Randolph. 60 61 Councilman Ahaus moved for engrossment of Ordinance No. 3267-1977, seconded 62 by Councilman Cornett and on unanimous voice vote the motion was carried. 63 64 Councilman Ahaus moved to suspend the rules, and read Ordinance No. 3267-1977 65 on third and final reading by title only, seconded by Councilman Williams 66 and on unanimous voice vote the motion was carried. 325 Council Minutes Cont'd. November 7, 1977 Page 5 1 The Clerk read on third reading by title only Ordinance No. 3267-1977. 2 3 Ordinance No. 3267-1977 was placed on final passage or rejection and on a 4 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 Ordinance 7 No. 3267-1977. 8 9 The Clerk read on second reading Ordinance No. 3268-1977 - AN ORDINANCE TO 10 AMEND ORDINANCE NO. 1781-1960 OF THE MUNICIPAL CODE CONCERNING PARKING 11 REGULATIONS. 12 13 Councilman Ahaus moved to amend Ordinance No. 3268-1977 Section 2 to read 14 24 "continuous" hours, seconded by Councilman Austerman and on unanimous 15 voice vote the motion was carried. 16 17 Speaking against Amended Ordinance No. 3268-1977 was Mr. Wallace Brenneman. 18 19 Councilman Austerman moved for engrossment of Amended Ordinance No. 3268- 20 1977, seconded by Councilman Paust and on unanimous voice vote the motion 21 was carried. 22 23 Councilman Austerman moved to suspend the rules and read Amended Ordinance 24 No. 3268-1977 on third and final reading by title only, seconded by 25 Councilman Mills and on unanimous voice vote the motion was carried. 26 27 The Clerk read on third reading by title only Amended Ordinance No. 3268- 28 1977. 29 30 Amended Ordinance No. 3268-1977 was placed on final passage or rejection 31 and on a call of the roll the following was recorded: Ayes : Elstro, Ahaus, 32 Merchanthouse, Mills, Cornett and Paust. Noes: Williams, Austerman and 33 Carter. The vote being six (6) to three (3) in favor of Amended Ordinance 34 No. 3268-1977. 35 36 The Clerk read on second reading Amended Ordinance No. 3270-1977 - AN 37 ORDINANCE TO AMEND ORDINANCE NO. 2858-1973 REGULATING SEWERS AND WASTE 38 WATER TREATMENT FOR THE RICHMOND SANITARY DISTRICT OF RICHMOND, INDIANA, 39 AND IMPOSING PENALTIES FOR THE VIOLATION THEREOF. 40 41 Speaking for Amended Ordinance No. 3270-1977 was Mr. Richard Longer and 42 Mr. Robert Hudson. 43 44 Councilman Mills moved to amend Amended Ordinance No. 3270-1977 Section 1 . 45 202 by putting a period after permit in line eight and striking the 46 remainder of the paragraph, seconded by Councilman Austerman and on unani- 47 mous voice vote the motion was carried. 48 49 President Carter announced Amended Ordinance No. 3270-1977 is held on 50 second reading and referred it to the Public Works & Sanitation Committee. 51 52 The Clerk read on second reading Ordinance No. 3279-1977 - AN ORDINANCE TO 53 APPROPRIATE FROM THE CUMULATIVE CAPITAL IMPROVEMENT FUND (CIGARETTE TAX) . 54 55 City Attorney Edward Anderson examined the proof of publication and found 56 it to be in order. Councilman Mills moved it be accepted and filed, 57 seconded by Councilman Paust and on unanimous voice vote the motion was 58 carried. 59 60 Speaking for Ordinance No. 3279-1977 was Mr. Robert Edens, Manager of 61 Richmond Water Works Corporation. 62 63 Councilman Mills moved for engrossment of Ordinance No. 3279-1977, seconded 64 by. Councilman Paust and on unanimous voice vote the motion was carried. 26 • Council Minutes Cont'd November 7, 1977 Page 6 1 Councilman Mills moved to suspend the rules and read Ordinance No. 3279-1977 2 on third and final reading by title only, seconded by Councilman Paust. 3 Councilman Elstro voted no. 4 5 The Clerk read on second reading Ordinance No. 3280-1977 - AN ORDINANCE TO 6 APPROPRIATE FROM THE CUMULATIVE CAPITAL IMPROVEMENT FUND (CIGARETTE TAX) . 7 8 City Attorney Edward Anderson examined proof of publication and found it to 9 be in order. Councilman Mills moved it be accepted and filed, seconded by 10 Councilman Paust and on unanimous voice vote the motion was carried. 11 12 Speaking for Ordinance No. 3280-1977 was Deputy Director of Community 13 Development Matt Nepote. 14 15 Councilman Elstro moved for engrossment of Ordinance No. 3280-1977, seconded 16 by Councilman Austerman and on unanimous voice vote the motion was carried. 17 18 Councilman Elstro moved to suspend the rules and read Ordinance No. 3280-1977 19 on third and final reading by title only, seconded by Councilman Austerman 20 and on unanimous voice vote the motion was carried. 21 22 The Clerk read on third reading by title only Ordinance No. 3280-1977. 23 24 Ordinance No. 3280-1977 was placed on final passage or rejection and on a 25 call of the roll the following was recorded: Ayes : Elstro, Williams, Ahaus, 26 Austerman, Merchanthouse, Mills, Paust and Carter. Noes: Cornett. The vot= 27 being eight (8) to one (1 ) in favor of passage of Ordinance No. 3280-1977. 28 29 The Clerk read on second reading Ordinance No. 3281-1977 - AN ORDINANCE TO 30 APPROPRIATE WITHIN THE GENERAL FUND. 31 32 City Attorney Edward Anderson examined proof of publication and found it to 33 be in order. Councilman Mills moved it be accepted and filed, seconded by 34 Councilman Paust and on unanimous voice vote the motion was carried. 35 36 Councilman Mills moved for engrossment of Ordinance No. 3281-1977, seconded 37 by Councilman Cornett and on unanimous voice vote the motion was carried. 38 39 Councilman Austerman moved to suspend the rules and read Ordinance No. 3281- 40 1977 on third and final reading by title only, seconded by Councilman Mills 41 and on unanimous voice vote the motion was carried. 42 43 The Clerk read on third reading by title only Ordinance No. 3281-1977. 44 45 Ordinance No. 3281-1977 was placed on final passage or rejection and on a 46 call of the roll the following was recorded: Ayes: Elstro, Williams, Ahaus, 47 Austerman, Merchanthouse, Mills, Cornett, Paust and Carter. Noes: None. 48 The vote being nine (9) to zero (0) in favor of passage of Ordinance No. 49 3281-1977. 50 51 The Clerk read on second reading Ordinance No. 3282-1977 - AN ORDINANCE TO 52 APPROPRIATE WITHIN THE MOTOR VEHICLE HIGHWAY FUND. 53 54 City Attorney Edward Anderson examined proof of publication and found it to 55 be in order. Councilman Mills moved it be accepted and filed, seconded by 56 Councilman Paust and on unanimous voice vote the motion was carried. 57 58 Councilman Austerman moved for engrossment of Ordinance No. 3282-1977, 59 seconded by Councilman Williams and on unanimous voice vote the motion was 60 carried. 61 . 62 Councilman Cornett moved to suspend the rules and read Ordinance No. 3282- 63 1977 on third and final reading by title only, seconded by Councilman Mills 64 and on unanimous voice vote the motion was carried. 65 66 The Clerk read on third reading by title only Ordinance No. 3282-1977. 327 Council Minutes Cont' d. November 7, 1977 Page 7 1 Ordinance No. 3282-1977 was placed on final passage or rejection and on a 2 call of the roll the following was recorded: Ayes: Elstro, Williams, 3 Ahaus, Austerman, Merchanthouse, Mills, Cornett, Paust and Carter. Noes: 4 None. The vote being nine (9) to zero (0) in favor of passage of Ordinance 5 6 No. 3282-1977. 7 Councilman Mills moved to suspend the rules and read Amended Ordinance No. 8 3269-1977 on third readinY by title only, seconded by Councilman Paust 9 and on unanimous voice vote the motion was carried. 10 11 The Clerk read on third reading by title only Amended Ordinance No. 3269- 12 1977 - AN ORDINANCE TO AMEND ORDINANCE NO. 3129-1976, AS AMENDED, REGULATING 13 THE TRAFFIC ON THE STREETS AND ALLEYS IN THE CITY OF RICHMOND, INDIANA. 14 15 Amended Ordinance No. 3269-1977 was placed on final passage or rejection 16 and on a call of the roll the following was recorded: Ayes: Elstro, 17 Williams, Ahaus, Austerman, Mills, Cornett and Paust. Noes: Merchanthouse 18 and Carter. The vote being seven (7) to two (2) in favor of passage of 19 Ordinance No. 3269-1977. 20 21 There being no further business on motion duly made, seconded and passed 22 the meeting was adjourned. 23 24 James Carter 25 President 26 27 ATTEST: JoEllen Trimble 28 City Clerk 328 1 1