HomeMy Public PortalAbout07-05-1977 261
PROCEEDINGS OF THE COMMON COUNCIL OF THE
CITY OF RICHMOND, INDIANA, JULY 5, 1977
1 The Common Council of the City of Richmond, Indiana, met in
2 regular session July 5, 1977 at the hour of 7:30 p.m. in the
3 Council Chambers in the Municipal Building in said City.
4 President Carter presided with the following members present;
5 Messrs. Elstro, Williams, Ahaus, Austerman, Merchanthouse,
6 Mills.. and Paust. `Absent: _Cornett. --The following business
7 was had, -to-wit:, - ,_
8
9 Councilman Mills gave devotions.
10
11 Councilman Williams moved to approve the minutes of the previous
12 meeting as prepared, seconded by Councilman Mills and on
13 unanimous voice vote the motion was carried.
14
15 Councilman Mills moved to suspend the rules and read Resolution
16 No. 20-1977 by title only, seconded by Councilman Paust and on
17 unanimous voice vote the motion was carried.
18
19 The Clerk read by title only Resolution No. 20-1977 - A
20 RESOLUTION APPROVING THE USE OF LOCAL OPTION FUNDS OF THE COMMUNITY
21 DEVELOPMENT BLOCK GRANT AS THE LOCAL MATCHING SHARE FOR TITLE EX
22 FUNDS UNDER THE SOCIAL SECURITY ACT.
23
24 Speaking for and explaining this Resolution were Director of
25 Community Development Tim Ryder and David Blackman, YMCA.
26
27 Councilman Elstro moved for adoption of Resolution No. 20-1977,
III 28 seconded by Councilman Paust and on unanimous voice vote the
29 motion was carried.
• 30
31 In answer to a request from Councilman Mills concerning 106 S. W.
32 "F" Street, Mr. Meredith reported the owners have been contacted
33 and, if they fail to comply condemnation proceedings will be
34 started.
35
36 Mr. Meredith reported, in response to a request from Councilman
37 Williams, weeds have been cut on North "G" Street. The
38 property at 913 No. "G" Street is under contract at the present
39 time with Community Development. This property was to be torn
40 down and the contractor is paying twenty-five dollars ($25.00)
41 per day damages. The building will be torn down this week.
42
43 In response to a request from Councilman Elstro concerning junk
44 vehicles be removed from the jurisdiction of the Police Department,
45 Mr. Meredith stated the statute does require a police officer
46 or warrant.
47
48 Mr. Meredith reported, in response to a request from Councilman
49 Ahaus, that the Engineer's office has been working on North
50 18th and 19th between North "E" and the railroad and construction
51 should start in the next few days.
III 52
53 Bureau of Buildings Commissioner Charles Roberts reported on the
54 weed cutting for the City. Of seventy-nine (79) violations,
55 thirty-two (32) have been mowed now. Councilman Austerman
56 complimented Mr. Roberts for his cooperation.
57
58 Councilman Williams reported a Community Development lot at
59 North 14th and "H" needs to be cut.
60
61 Councilman Elstro asked if the City has any control over Cable TV
62 to get better service to the people. Mr. Meredith stated the
63 City has a franchise with Cable but has no control over them.
262
Common Council Minutes: Coned
July 5, 1977
Page 2.
1 President Carter read the following communication from Councilman
2 Roger Cornett:
3
4 TO: President James Carter and Members of Common Council
5
6 Please be advised that T am a stockholder and a
7 member of the Board of Directors. of Wayne Dairy Products,
8 Inc. , and I shall not participate in any deliberation or
9 voting on Ordinance 3231-1977 concerning the issuance
10 and sale of revenue bonds: for the Wayne Dairy Products,
11 • Inc. , project.
12
13 Please make this letter a matter of public record
14 concerning the above subject and kindly file this letter
15 with the records of the Common Council of the City of
16 Richmond, Indiana.
17 •
18 /s/ Roger Cornett
19 Roger Cornett
2Q Councilman-at-large
21
22 July 5, 1977
23
24 cc - City Attorney.- Mr. Ed Anderson
25 City Clerk - Mrs.. Jo Trimble
26
27 Councilman Mills moved to suspend the rules and read Ordinance Nos..
28 3231-1977, 3232-1977 and 3233-1977 on first reading by title only,
29 seconded by Councilman Paust and on unanimous voice vote the motion
30 was carried.
31
32 The Clerk read on first reading by title only Ordinance No. 3231-
33 1977 - AN .ORDINANCE OF THE CITY OF RICHMOND AUTHORIZING.THE ISSUANCE
34 AND SALE OF REVENUE BONDS' AND LOANING THE PROCEEDS THEREOF TO
35 WAYNE DAIRY PRODUCTS, INC. FOR THE FINANCING OF ECONOMIC
36 DEVELOPMENT FACILITIES, AND OTHER MATTERS RELATING THERETO.
37
38 Speaking for Ordinance No. 3231-1977 was Mr. Andrew Cecere,
39 . Attorney representing Wayne. Dairy and Mr. Wilbur Hockerman, General
40 Manager of Wayne Dairy.
41
42 Councilman Mills moved to suspend the rules and read Ordinance No.
43 3231-1977 on second reading, seconded by Councilman Ahaus and on
44 unanimous voice vote the. motion was carried.
45
46 The Clerk read on second reading Ordinance No. 3231-1977.
47
48 Councilman Williams moved for engrossment of Ordinance No. 3231-
49 1977, seconded by Councilman Mills and on unanimous voice vote the
50 motion was carried.
51
52 Councilman Mills moved to suspend the rules and read Ordinance No.
53 3231-1977 on third and final reading by title only, seconded by
54 Councilman Paust add, on unanimous voice vote the motion was carried.
55
56 The Clerk read on third reading by title only Ordinance No. 3231-
57 1977.
58
59 Ordinance No. 3231-1977 was placed on final passage or rejection
60 and on a call of the roll the following was recorded: Ayes: Elstro,
61 Williams, Ahaus, Austerman, Merchanthouse, Mills, Paust and Carter.
62 Noes: None. The vote being eight (8) to zero (0) in favor of
63 passage of Ordinance No. 3231-1977.
64
65 President Carter asked the Sargent .Of Arms`to-summons Councilman
66 Cornett to the council floor.
263
Common Council Minutes Coned
July 5, 1977
Page 3.
1 The Clerk read on first reading by title only Ordinance No. 3232-
2 1977 - AN ORDINANCE TO TRANSFER WITHIN THE GENERAL FUND.
3
4 Speaking for and explaining Ordinance No. 3232-1977 was Fire Chief
5 Paul Mullin.
6
7 Councilman Mills moved to suspend the rules and read Ordinance
8 No. 3232-1977 on second reading, seconded by Councilman Paust and
9 on unanimous voice vote the motion was carried.
10
11 The Clerk read on second reading Ordinance No. 3232-1977.
12
13 Councilman Mills moved for engrossment of Ordinance No. 3232-1977,
14 seconded by Councilman Cornett and on unanimous voice vote the
15 motion was carried.
16
17 Councilman Mills moved to suspend the rules and read Ordinance No.
18 3232-1977 on third and final reading by title only, seconded by
19 Councilman Ahaus and on unanimous voice vote the motion was
2Q carried.
21
22 The Clerk read on third reading by title only Ordinance No. 3232-
23 1977.
24
25 Ordinance No. 3232-1977 was placed on final passage or rejection
26 and on a call of the roll the following was recorded: Ayes:
27 Elstro, Williams, Ahaus, Austerman, Merchanthouse, Mills, Cornett,
28 Paust and Carter. Noes: None. The vote being nine (9) to zero
29 (0) in favor of passage of Ordinance No. 3232-1977.
30
31 The Clerk read on first reading by title only Ordinance No. 3233-
32 1977 - AN ORDINANCE TO AMEND THE MERIT SYSTEM FOR RICHMOND POLICE
33 DEPARTMENT.
34
35 Speaking for Ordinance No., 3233-1977 was Police Chief Charles
36 Chris and Detective Joseph Nimitz.
37
38 Councilman Austerman moved to amend Ordinance No. 3233-1977 by
39 striking "by declaration" after the word determined and insert
40 "through the voters registration record in the most recent
41- primary election participated in by the member", seconded by
42 Councilman Williams and on a call of the roll the following was
43 recorded: Ayes: Williams, Austerman, Merchanthouse and Paust.
44 Noes: Elstro, Ahaus, Mills, Cornett and Carter. The vote
45 being four (4) to five (5) in favor of the motion; therefore,
46 the motion was defeated.
47
48 Councilman Ahaus moved to suspend the rules and move Ordinance.
49 No. 3233-1977 to second reading, seconded by. Councilman Mills.
50 Councilman Merchanthouse voted no.
51
52 President Carter made a statement that he..has financial interest
53 in. Ordinance Nos. 3202-1977 and 3203-1977 and understands there
54 is a state statute stating any council member in this position
55 should be disqualified.
56
57 City Attorney Ed Anderson read a paragraph from Burns 18-7-5-1
58 stating "No member of the plan commission, board of zoning
59 appeals, city council or board 'of county commissioners shall
60 participate in the hearing or decision of such commission, board
61 or council upon any zoning matter, other than the preparation
62 and enactment of an overall or comprehensive plan, in which he
264
Common Council Minutes.Coned
July 5, 1977
Page 4.
1 is directly or indirectly interested in a financial sense. In the
2 event of such disqualification, such fact shall be entered on the
3 records of the commission, board, or council, and the remaining
4 members of the commission, board or council shall choose an
5 elector to act as a member of such commission, board or council in
6 the hearing and determination of the particular matter of matters
7 in which the disqualification occurs." Mr. Anderson then rules
8 that President Carter has no choice but to disqualify himself.
9
10 Councilman Merchanthouse moved to replace President Carter with
11 President Pro-Tem Kenneth Mills for hearing these two ordinances,
12 seconded by Councilman Faust and on a call of the roll the
13 following was recorded: Ayes: Williams, Ahaus, Austerman,.
14 Merchanthouse, Cornett, Faust and Carter. Noes: Elstro and Mills.
15 The vote being seven (7) to two (2) in favor of this motion.
16
17 Councilman Austerman moved to appoint George Webb as interim
18 Council member. Councilman Austerman then withdrew this motion
19 and moved to appoint James Conley as interim Council member,
20, seconded by Councilman Faust and on a call of the roll the following
21 was recorded: Ayes: Ahaus, Austerman, Mills, Cornett and Faust.
22 Noes: Elstro, Williams and Merchanthouse. The vote being five
23 (5) to three (3) in favor of this motion.
24
25 President Pro-Tem Mills called Mr. Conley forward and Councilman
26 Elstro, Williams and Merchanthouse left Council Chambers.
27
28 The Clerk read on second reading Ordinance No. 3202-1977 - AN
29 ORDINANCE ANNEXING CERTAIN CONTIGUOUS TERRITORY PLATTED AND
11/
30 UNPLATTED, LEGALLY DESCRIBING THE ANNEXED TERRITORY, PROVIDING FOR
31 THE PUBLICATION THEREOF, AND FIXING THE TIME WHEN THE SAME SHALL
32 TAKE EFFECT, AND REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES
33 IN CONFLICT THEREWITH.
34
35 The Clerk read a letter from the Plan Commission stating, in part,
36 two petitions were given the Commission by .remonstrators showing
37 'sixty (GO) individuals in opposition to annexation Ordinance No.
38 3202-1977 and showing the Plan Commission voted 8 to 1 in favor
39 of recommending passage of this Ordinance, with the recommendation
40 that Council adopt by resolution a fiscal, plan. and=-pxoVi:ding-for
41 a Council Committee to periodically review this plan to assure that
42 services are delivered to the annexed area as scheduled.
43
44 Speaking for Ordinance No. 3202-1977 was Director of City Planning
45 Robert Goodwin.
46
47 Speaking against Ordinance No. 3202-1977 was Mr. John Strain,
48 Attorney representing some property owners and Ms. Thelma
49 Wright, 345 Gravel Pit Road.
50
51 Councilman Cornett moved for engrossment of Ordinance No. 3202-
52 1977, seconded by Councilman Austerman and on unanimous voice vote
53 the motion was carried.
54
55 The Clerk read on second reading Ordinance No. 3203-1977 - AN
56 ORDINANCE ANNEXING CERTAIN CONTIGUOUS -TERRITORY PLANTED AND
57 UNPLATTED, LEGALLY DESCRIBING THE ANNEXED TERRITORY, PROVIDING
58 FOR THE PUBLICATION THEREOF, AND FIXING THE TIME WHEN THE SAME
59 SHALL TAKE EFFECT, AND REPEALING ALL ORDINANCES AND PARTS OF
60 ORDINANCES IN CONFLICT THEREWITH.
61
62 The Clerk read a letter from the Plan Commission stating,
63 in part, two petitions were given the Commission by remonstrators
64 showing twenty-seven (27) individuals in opposition to
65 annexation Ordinance No. 3203-1977 and showing the Plan
66 Commission voted 7 to 2 in favor of recommending passage of this
265
Common Council Minutes Cont'd
July 5, 1977
Page 5.
1 Ordinance with the recommendation that Council adopt by resolution
2 the accompanying fiscal plan and provide for a Council Committee
3 to periodically review this plan to asure that services are
4 delivered to the annexed area as scheduled.
III 5
6 Speaking for Ordinance No. 3203-1977 was Director of City
7 Planning Robert Goodwin.
8
9 Speaking against Ordinance No. 3203-1977 were Ms. Jane Wynegar,
10 Attorney representing property owners in Henley Hills ; Dr. John
11 Wambo, Wernle Road; Mr. Cedric Miller, 2320 Wernle Road; Mr.
12 Wallace Brenneman, 917 Henley Road; and Mr. Mike Laporte, 1155
13 Windsor Place.
14
15 - Councilman Paust moved that the bottom half only of the two (2)
16 quarte.r sections in Sec. 10 in Ordinance. No. 3203-1977 be
17 excluded at this time., seconded by Councilman Cornett:and
18 on a call of the: roll the following was recorded: Ayes: Ahaus,
19 Cornett and Paust. Noes: Austerman, Mills' and Conley. The vote
20 being three. (3) to three (3) in favor of this motion; therefore,
21 the motion was defeated.
22
23 Councilman Cornett moved for engrossment of Ordinance No. 3203-
24 1977, seconded by Councilman Austerman and on unanimous voice
25 vote the motion was carried.
26
27 President Carter returned to Council floor and Mr. Conley was
28 dismissed.III -
29
30 The Clerk read on second reading Ordinance No. 3224-1977 - AN
31 ORDINANCE AUTHORIZING A "SPECIAL USE" IN AN R-2 ONE-FAMILY
32 RESIDENCE DISTRICT, OF ORDINANCE NO. 2325-1968, COMMONLY KNOWN
33 AS THE ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA, ADOPTED
34 JUNE 3, 1968.
35
36 The Clerk read a letter from the Plan Commission noting their
37 unanimous vote, nine (9) to zero (0), to allow this Special Use.
38
39 Director of City Planning Robert Goodwin asked for this
4Q Ordinance to be continued until the next meeting as there was
41 no representative present for this request.
42
43 The Clerk read on second reading Ordinance No. 3225-1977 - AN
44 ORDINANCE TO AMEND ORDINANCE NO. 3112-1976 KNOWN AS THE BUDGET
45 ORDINANCE.
46
47 Councilman Cornett moved for engrossment of Ordinance No. 3225-
48 1977, seconded by Councilman Mills and on unanimous voice vote
49 the motion was carried.
50
51 Councilman Cornett moved to suspend the rules and read Ordinance
52 No. 3225-1977 on third and final reading by title only, seconded
III 53 by Councilman Mills and on unanimous voice vote the motion was
54 carried.
55
56 The Clerk read on third reading by title only Ordinance No. 3225-
57 1977.
58
59 Ordinance No. 3225-1977 was placed on final passage or rejection
60 and on a call of the roll the following was recorded: Ayes:
61 Ahaus, Austerman, Mills, Cornett, Paust and Carter. Noes: None.
62 The vote being six (6) to zero (0) in favor of passage of
63 Ordinance No. 3225-1977.
266
Common Council Minutes Cont'd
July 5, 1977
Page 6.
1 Councilman Mills moved to suspend the rules and read Ordinance No.
i7 2 3227-1977 on third reading by title only, seconded by Councilman
3 Cornett and on unanimous voice vote the motion was carried.
4
5 The Clerk read on third reading by title only Ordinance No. 3227-
6 1977 - AN ORDINANCE TO TRANSFER WITHIN THE AIRPORT FUND.
7
8 Ordinance No. 3227-1977 was placed on final passage or rejection
9 and on a call of the roll the following was recorded: Ayes: _
10 Ahaus, Austerman, Mills, Cornett, Paust and Carter. Noes: None.
11 The vote being six (6) to zero CO) in favor of passage of Ordinance
12 No. 3227-1977.
13
14 There being no further business on motion duly made, seconded and
15 passed the meeting was adjourned.
16
17 James: E. Carter
18 President
19
20 ATTEST: JoEllen Trimble
21 City Clerk