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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 1