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
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