HomeMy Public PortalAbout07-18-1977 267
PROCEEDINGS OF THE COMMON COUNCIL OF THE
CITY OF RICHMOND, INDI.'ANA, JULY 18, 1977
1 a The Common Council of the City of Richmond, Indiana, met in regular
2 session July 18, 1977 at the hour of 7:30 p.m. in the Council
3 Chambers in the Municipal Building in said City. President Carter
4 presided with the following members present: Messrs. Elstro,
5 Williams, Ahaus, Austerman, Mills, Cornett and Paust. Absent:
6 Merchanthouse, The following business was had, to-wit:
7
8 Councilman Paust gave devotions.
9
10 President Carter read a censure of the previous actions of Council-
11 men Elstro, Williams and .Merchanthouse in leaving Council Chambers
12 at the July 5th meeting. He read, Burns statute 18-1-3-5 and
13 Council rules 8-5.
14
15 Councilman Elstro and Williams stated their positions on the issue
16 and said they felt they acted in the best interest of their voters
17 and were performing their duty.
18
19 Councilman Cornett moved to approve.'the ,minutes of the previous
20 meeting as prepared, seconded by Councilman Ahaus and..don unanimous
21 voice vote the motion was carried.
22
23 Councilman Paust moved that, on final .approval- of the State of
24 Indiana Highway .Lighting Plan by Richmond Power & Light concerning
25 ot lighting of U. S . 35, 40 and 27. along 1-70, the City of
26 - Richmond will accept the energy charge and routine maintenance,
27 seconded by Councilman Mills and on unanimous voice.:vote the
28 motion was carried.
29
30 Councilman Cornett moved to place Resolution 21-1977 as the final
31 item on the agenda ,as it is out of order, seconded by Councilman
32 Mills and on unanimous voice:_, vote the motion was carried.
33
34 Councilman Ahaus' reported for the. Computer Task Force Committee,
35 which was set up to make a study of the feasibility of the City
36 using. a data processing system. Ha reported this system is now
37 in the City Building and is working and very worth while.
38 •
39 Councilman Cornett gave a statement to the Clerk' to be filed and
40 read the following:
41
42 Mr. President:
43
44 During the last regularly scheduled session of
45 this body, an action took place that still has
46 me •greatly disturbed. As you recall, after
47 the City Attorney had read from the. Burns
48 Statutes on how to approach the issue at
49 hand, and after the appropriate action had
50 been ta.ken, thr-eeifinemlierscof tt1 is cbody=elected
111 51 to leave the chambers. , This immediately
52 left their constituents with no representation
53 on a very controversial-issue. This,. in my
54 opinion, is an unfortunate incident.
55
56 They had obvi.ously. given ;some thought to the
57 action because -it 'took place _rapidly, with
58 little build-up. No real effort was made. to
59 propose alternate action or to make. other
60 nominations, for which there was, ample
61 opportunity. The following day a prepared
62 statement appeared in the paper explaining
63 their reasoning. In that printed,.statement
64 . . they made the- charge that the whole issue.
65 (annexation) was created to strengthen a
66 political voting base. This is ridiculous
268
Common Council Minutes Cont`d
July 18, 1977
Page 2.
1 for two basic reasons: First of all, there are
2 only 374 people in the area to be annexed totally
3 and, if they are like the general public, they
4 don't all vote. It just doesn't make sense to
5 face such a hotly contested issue and suffer its
6 consequences for such a small potential
7 political return. Secondly, because of the
8 emotional nature of the issue., it stands to
9 reason that the party in power loses more
10 politically than it gains anyway because those
11 annexed tend to vote against those in power in
12 the next election. If these ,Councilmen had
13 remained they would have learned through-::
14 participation in the public hearing that the
15 main issue is not political but what is in the
16 best interests of the community and its citizens
17 in planning for proper community growth and
18 expansion in the future. The body charged
19 with this primary responsibility, the City Plan
20 Commission, voted overwhelmingly in favor of the
21 proposals. Its members, of both political
22 parties, some with long service and "experience
23 through several administrations, felt the issue
24 was a valid one and supported it. In other
25 words, Mr. President, the real issue is
26 effective community management — not politics..
27
28 The Councilmen also charged in their printed
29 statement that, as a result of following the law,
30 "all chances of a fail hearing were eliminated".
31 This too is an unfortunate charge because, had
32 they remained, they would have been able to have
33 voted on at least one amendment to the proposal
34 and, in fact, would have had the votes to
35 determine its outcome. This amendment would have.
36 deleted much of the area in question from
37 annexation. They, of course, could have presented
38 their own amendments for consideration also. This.
39 is., after all, a body of nine people and to say
40 that any one individual determines the vote of the.
41 rest. is an affront to all of us: and, of course,
42 simply is not true.
43
44 In addition, Mr. President, they made a reference
45 that this body had acted like a "kangaroo court".
46 This, in my opinion, is an insult to the
47 citizens of this community who elected us to
48 these offices. It is unfortunate that such an
49 image be created in an obviously politically
50 motivated manner. I can remember when Councilman
51 Mills and I sat through the staged replacement
52 of a deceased Councilman in what we thought was.
53 an extremely unfair manner. But, you know what?
54 We didn't- refer to that action as "kangaroo court"
55 in nature, nor did we walk out and turn .our backs
56 on our responsibilities. We did what the only
57 Councilman whose picture graces these chambers
58 would have done — we stayed and fought. He too
59 stayed and fought when the odds were regularly
60 insurmountable.
61
62 On any controversial issue, Mr. President, the.
63 majority votes prevail but, in order for all the.
64 people 'to be heard, elected representatives must
65 always stay and give voice to their constituents.
269
Common Council Minutes Cont'd
July 18, 1977
Page 3.
1 They mus.t fight for what they think is right.
2 They must always set the correct example and
3 follow the law. If they don't like the law,
4 they should fight to change it - but never
5 break it. This is the way respect is won
6 and proper influence is made. Mr. President,
7 I hope_for the,:good26fc'our.. commonity,,andlits
8 people, and this body, that we have seen
9 the first and the last exhibit of such
10 negative action on the part of any member
11 of this body both for now and in the future.
12
13 /s/ Roger Cornett
14
15 Councilman Mills moved to suspend the rules and read Ordinance No.
16 3234-1977, 3235-1977, 3236-1977, 3237-1977, 3238-1977, 3239-1977,
17 3240-1977, 3241-1977, 3242-1977, 3243-1977 and 3244-1977 on first
18 reading by title only, seconded by Councilman Paust and on unanimous
19 voice vote the motion was carried.
20
21 The Clerk read on first reading by title only Ordinance No. 3234-
22 1977 - AN ORDINANCE TO ANNEX TO THE CITY OF RICHMOND, INDIANA,
23 CERTAIN TERRITORY CONTIGUOUS THERETO, DESCRIBING THE SAME,
24 PROVIDING FOR THE PUHLICATION THEREOF, AND FIXING THE TIME WHEN THE
25 SAME SHALL TAKE EFFECT.
26
27 President Carter announced Ordinance No. 3234-1977 is referred to
28 the Plan Commission for their study and recommendation.
29
30 The Clerk read on first reading by title only Ordinance No. 3235-
31 1977 - AN ORDINANCE ANNEXING CERTAIN CONTIGUOUS TERRITORY PLATTED
32 AND UNPLATTED, LEGALLY..DESCRIBING THE ANNEXED TERRITORY, PROVIDING
33 FOR THE PUBLICATION THEREOF, AND FIXING THE TIME WHEN THE SAME
34 SHALL TAKE EFFECT.
35
36 President Carter announced. Ordinance No. 3235-1977 is referred to
37 the Plan Commission for their study and recommendation.
38
39 The Clerk read on first reading by title only Ordinance No. 3236-
40 1977 - AN ORDINANCE AMENDING ORDINANCE NO. 2325-1968 COMMONLY
41 KNOWN AS THE ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA,
42 ADOPTED JUNE 3, 1968.
43 -
44 President Carter announced Ordinance No. 3236-1977 is referred to
45 _ the Plan Commission for their study and recommendation.
46
47 The Clerk read on first reading by title only Ordinance No. 3237-
48 1977 - AN ORDINANCE AUTHORIZING A "SPECIAL USE" IN AN R-1 AND
49 R-2 ONE-FAMILY RESIDENCE. DISTRICT, OF ORDINANCE NO. 2325-1968,
50 COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY. OF RICHMOND,
51 INDIANA, ADOPTED JUNE 3, 1968.
52
53 President Carter announced Ordinance No. 3237-1977 is referred to
54 the Plan Commission for their study and recommendation.
55
56 City Controller Don Meredith requested the Clerk read a memo, in
57 part, amending Ordinance No. 3238-1977.
58 .
59 The Clerk read the following:
60
61 Add to City Clerk's Office Fine Collection Clerk, $6,655.00,
62 . and change the total to read $33,000.00
63
64 Delete from Police Department Fine Collection Clerk,
65 $6,655.00, and increase Secretary-Chief $100.00
66 ($7,580.00) , Secretary-Detectives $50.00 ($6,735.00),
67 Office Manager $50.00 ($6,735.00) , Secretary-Traffic
68 $100.00 ($6,460.00) , Clerk Typist (Records) _$10,0.00
•
270
Common Council Minutes Cont'd
July 18, 1977
Page 4.
1 ($6,460.00) , Records Clerk $100.00 ($6,460.00) .
2 -This would change the total to read $1,118.525.00.
3
4 Councilman-Mills moved to amend Ordinance No. 3238-1977 as read,
5 seconded by Councilman Paust and on unanimous voice vote the motion
6 was carried.
7 . •
8 The Clerk read on first reading by title only Amended Ordinance No.
9 3238-1977 - AN ORDINANCE FIXING SALARIES AND POSITIONS FOR APPOINTED
10 OFFICERS AND EMPLOYEES OF THE CITY OF RICHMOND, INDIANA FOR THE
11 FISCAL YEAR BEGINNING JANUARY 1, 1978 AND ENDING DECEMBER 31, 1978
12 AND APPROVING THE ADDITIONAL COMPENSATION TO CERTAIN APPOINTED
13 OFFICIALS OF THE CITY, OTHER THAN GOVERNMENTAL, WHO PERFORM SERVICES
14 FOR THE CITY, WHICH SERVICES ARE CONNECTED WITH THE OPERATION OF
15 MUNICIPALLY-OWNED UTILITY OR FUNCTION.
16
17 President Carter announced Amended Ordinance No. 3238-1977 is referred
18 to the Committee of the Whole and scheduled a meeting of this
19 committee for July 25, 1977 at 7:30 p.m. in the Board of Works
20 Room.
21
22 The Clerk read on first reading by title only Ordinance No. 3239-
23 1977 - AN ORDINANCE TO AMEND ORDINANCE NO. 3111-1976 COMMONLY KNOWN
24 AS THE SALARY ORDINANCE.
25
26 President Carter announced Ordinance No. 3239-1977 will be on second
27 reading at the next Council meeting.
28
29 The Clerk read on first reading by title only Ordinance No. 3240-
30 1977- - AN ORDINANCE TO TRANSFER WITHIN THE GENERAL FUND.
31
32 Councilman Mills moved to suspend the rules and read Ordinance No.
33 3240-1977 on second reading, seconded by Councilman Paust and on
34 unanimous voice vote the motion was carried.
35
36 The Clerk read on second reading Ordinance No. 3240-1977.
37
38 Councilman Mills moved for engrossment of Ordinance No. 3240-1977,
. 39 seconded by Councilman Paust and on. unanimous voice vote the
40 motion was carried.
41
42 Councilman Mills moved to suspend the rules and read Ordinance No.
43 3240-1977 on third and final reading by title. only, seconded by
44 Councilman Pabst and on unanimous voice vote the motion was carried.
45
46 The Clerk read on third reading by title only Ordinance No. 3240-
47 1977-.
48
49 Ordinance No. 3240-1977 was placed on final passage or rejection
50 and on a call of the roll the following was recorded: Ayes:
51 Williams, Ahaus, Austerman, Mills, . Cornett, Paust and Carter. Noes:
52 Elstro. The vote being seven (7) to one (1) in favor of passage
53 of Ordinance No. 3240-1977.
54
55 The Clerk read on first reading by title only Ordinance No. 3241-
56 1977 - AN ORDINANCE TO TRANSFER WITHIN THE GENERAL FUND.
57
58 Councilman Mills moved to suspend the rules and read Ordinance No.
59 3241-1977 on second reading, seconded by Councilman Williams and
60 on unanimous voice vote the motion was carried.
61
62 The Clerk read on second reading Ordinance No. 3241-1977.
271
Common Council Minutes Cont'd
July 18, 1977
Page 5.
1 Councilman Williams moved for engrossment of Ordinance No. 3241-1977,
2 seconded by Councilman Ahaus and on unanimous voice vote the motion
III3 • was carried.
4
5 Councilman Paust moved to suspend the rules and read Ordinance No.
6 3241-1977 on third and final reading by title only, seconded by
• 7 Councilman Mills and on unanimous voi.ce_.'vote the motion was
8 carried.
9
10 The Clerk read on third reading by .title only Ordinance No. 3241-
11 1977.
12
13. Ordinance No. 3241-1977 was placed on final passage or rejection
14 and on a call of the roll the following was recorded: Ayes:
15 Elstro, Williams, Ahaus, Austerman, Mills,- Cornett, Paust and Carter.
16 • Noes: None. The vote. being eight (8) to zero (,0) in favor of
17 the passage of Ordinance No. 3241-1977.
18
19 The Clerk read on first reading by title only Ordinance No. 3242-
20 1977 - AN ORDINANCE TO APPROPRIATE FROM CUMULATIVE CAPITAL
21 IMPROVEMENT FUND.
22
23 President Carter announced Ordinance No. 3242-1977 .has to be
24 advertised.
25
26 The Clerk read on first reading by title only Ordinance No. 324.3-
27 1977 - AN ORDINANCE TO APPROPRIATE FROM ANTIRECESSION FISCAL
III 28 ASSISTANCE FUND.
29
30, President Carter announced Ordinance No. 3243-1977 has to be
31 advertised.
32
33 The Clerk read on 'fi.rst reading by title only Ordinance No. 3244-
34 1977 - AN ORDINANCE TO APPROPRIATE FROM THE FEDERAL REVENUE SHARING
35 TRUST FUND.
36
37 President Carter announced Ordinance No. 3244-1977 has to be
38 advertised.
39
40 The Clerk read on second reading Ordinance No. 3224-1977.
41 •
42 Speaking for Ordinance No. 3224-1977 was Mr. Stan Combs, architect,
43 203 South 17th. Street, representing Delynn and' Diana Stults,
44 asking for a Special Use for a dental office at 2108 Chester.Blvd.
45 •
46 Councilman Paust moved for engrossment of Ordinance No. 3224-1977,
47 seconded by Councilman Mills and on unanimous voice vote the.
48 motion was carried. -
49
50 Councilman Ahaus moved: to suspend the rules. add. read Ordinance No.
51 ' 3224-1977 on third and final reading by title only, seconded. by
52 Councilman Williams and on unanimous voice vote the motion was
53 carried.
54 •
55 The Clerk read on third reading by title only Ordinance No. 3224-
56 1977.
57
58 Ordinance No. 3224-1977 was placed on final passage or rejection
59 and onaa call of the roll the. following was recorded: Ayes:
60 Elstro, Williams, Ahaus, Austerman, Mills, .Cornett, Paust and
61. Carter. Noes: None. The vote being eight (8) to zero (0) in
62 favor of passage of Ordinance No. 3224-1977.
272
Common Council Minutes Cont'd
July 18, 1977
Page 6.
1 The Clerk read on second reading Ordinance No. 3228-1977 - AN
2 ORDINANCE AMENDING ORDINANCE NO. 1800-1960 COMMONLY KNOWN AS THE
3 SUBDIVISION ORDINANCE OF THE CITY OF RICHMOND, INDIANA.
4 -
5 Councilman Paust moved Ordinance No. 3228-1977 beD tab:Te4, -seconded
6 by Councilman Mills. Motion carried with Councilman Austerman
7 voting no.
8
9 The Clerk read on second reading Ordinance No. 3233-1977 - AN
10 ORDINANCE TO AMEND THE MERIT SYSTEM FOR RICHMOND POLICE DEPARTMENT.
11
12 Councilman Mills moved for engrossment. of Ordinance No. 3233-1977,
13 seconded by Councilman Cornett. Motion carrie.d with Councilman
14 Aus to rman voting no.
15
16 Councilman Ahaus moved ,to suspend the rules and read Ordinance No.
17 3233-1977 on third and final reading by title only, seconded by
18 Councilman Mills and on unanimous voice vote the motion was carried.
19
20 The Clerk read on third reading by title only Ordinance No. 3233-
21 1977.
22
23 Ordinance No. 3233-1077 was placed on final passage or rejection and
24 on a call of the roll the following was recorded: Ayes:. Ahaus,
25 Mills, Cornett, Paust and Carter. Noes: Elstro, Williams and
26 Austerman. The vote being five (5) to three (3) in favor of passage
27 of Ordinance No. 3233-1977.
28
29 President Carter disqualified himself due to financial interest in
30 Ordinance No. 3202C1977 and 3203-1977 and called President Pro-Tem
31 Kenneth Mills to replace him.
32
33 President Pro-Tem Mills. then called James Conley forward as interim
34 council member.
35
36 Councilman Cornett moved to suspend the rules and read Ordinances
37 3202-1977 and 3203-1977 on third reading by title only, seconded
38 by Councilman Ahaus and on unanimous voice vote the motion was
39 carried.
40
41 The Clerk read on third reading by title only Ordinance No. 3202-
42 1977 - AN ORDINANCE ANNEXING CERTAIN CONTIFUOUS TERRITORY PLATTED
43 AND UNPLATTED, LEGALLY DESCRIBING THE ANNEXED. TERRITORY, PROVIDING
44 FOR THE PUBLICATION THEREOF, AND FIXING THE TIPS WHEN THE SAME
45 SHALL TAKE EFFECT, AND REPEALING ALL ORDINANCES AND PARTS OF
46 ORDINANCES IN CONFLICT THEREWITH.
47
48 Ordinance No. 3202-1977 was placed on final passage or rejection
49 and on a call of the roll the following was recorded: Ayes: Ahaus,
50 Austerman, Mills,. Cornett, Paust and Conley. Noes: Elstro and
51 Williams. The vote being six (6) to two (2) in favor of passage
52 of Ordinance No. 3202-1977.
53
54 The Clerk read on third reading by title only Ordinance No. 3203-
55 1977 - AN ORDINANCE ANNEXING CERTAIN CONTIGUOUS TERRITORY PLATTED
56 AND UNPLATTED, LEGALLY DESCRIBING THE ANNEXED TERRITORY, PROVIDING
57 FOR THE PUBLICATION THEREOF, AND FIXING THE TIME WHEN THE SAME
58 SHALL TAKE EFFECT., AND REPEALING ALL ORDINANCES AND PARTS OF
59 ORDINANCES IN CONFLICT THEREWITH.
273
Common Council Minutes Cont'd
July 18, 1977
Page 7.
1 Ordinance No. 3203-1977 was placed on final passage or rejection
2 and on a call of the roll the following was recorded: Ayes:
3 Ahaus, Austerman, Mills, Cornett, Paust and Conley. Noes:
4 Elstro and Williams. The vote being six (6) to two (2) in favor
5 of passage of Ordinance No. 3203-1977.
6
7 Councilman Carter returned to the chair and Mr. Conley returned
8 to the audience.
9
10 The Clerk read in full Resolution No. 21-1977 — A RESOLUTION
11 ADOPTING A FISCAL PLAN FOR THE PROVISION OF MUNICIPAL SERVICES
12 TO NEWLY ANNEXED TERRITORIES .
13
14 Councilman Paust moved to amend Resolution No. 21-1977 from semi-
15 annual to quarterly, seconded by Councilman Austerman and on
16 unanimous voice vote the motion was carried.
17
18 Councilman Paust moved for adoption of Resolution No. 21-1977,
19 seconded by Councilman Mills . Motion carried with Councilmen
20 Elstro and Williams voting no.
21
22 There being no furhter business on motion duly made, seconded and
23 passed the meeting was adjourned.
24
25 James E. Carter, President
26 Kenneth Mills, President Pro—Tem
27
28 ATTEST: JoEllen Trimble
29 City Clerk
274
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