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HomeMy Public PortalAbout08-02-1976 143 PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA, AUGUST 2, 1976 1 2 The Common Council of the City of Richmond, Indiana met in regular II/ ses- 3 sion August 2 , 1976 at the hour of 7:30 P.M. in the Council Chambers in 4 the Municipal Building in said City. President Mills presided with the 5 following members present:. Messrs. Ahaus , Austerman , Carter, Cornett, 6 Elstro, Merchanthouse, Paust and Williams. Absent: None. The following 7 business was had, to-wit: 8 9 Councilman Cornett gave devotions. 10 11 Councilman Carter reported he was absent from the special meeting because 12 he was in the hospital , Councilman Cornett was absent from the regular 13 meeting due to out of town business and Councilman Merchanthouse was 14 absent due to being on vacation. 15 16 Councilman Williams moved to approve the minutes of the last regular 17 meeting and of the special meeting, seconded by Councilman Paust and on 18 unanimous voice vote the motion was carried. 19 20 The Mayor asked all to please help in any way they can to keep the weeds 21 cut on vacant lots and vacant building lots. 22 23 City Engineer George Webb reported on Councilman Williams' request for 24 trash to be picked up in the. 300 block of No. 9th between "B" and "C" 25 that the Sanitation Department has taken care of the matter. Council- 26 man Williams thanked the Sanitation Department for the way they acted 27 on the complaints he had. III 28 29 Councilman Carter noted that the representatives of the press are seated 30 at a small table at Council meetings and suggested seeking a larger 31 table so they can spread out and take notes. 32 33 Councilman Cornett moved to suspend the rules and read on first read- 34 ing by title only Ordinance No. 3112-1976, seconded by Councilman 35 Paust and on unanimous voice vote the motion was carried. 36 . 37 The Clerk read on first reading by title only Ordinance No. 3112-1976 38 - AN ORDINANCE APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE 39 EXPENSES OF THE SEVERAL DEPARTMENTS OF THE CITY GOVERNMENT OF THE CITY 40 OF RICHMOND, INDIANA, FOR THE. FISCAL YEAR BEGINNING JANUARY 1 , 1977 41 AND ENDING DECEMBER 31 , 1977, INCLUSIVE, INCLUDING ALL OUTSTANDING CLAIMS 42 AND OBLIGATIONS, AND FIXING THE TIME WHEN THE SAME SHALL TAKE EFFECT. 43 44 President Mills announced that Ordinances 3112-1976 through 3117-1976 45 are Budget Ordinances. . There will be no discussion at this time. There 46 will be a Committee of the Whole meeting Monday, August 9y.at 7:00 P.M. 47 in the Board of Works Room with Department Heads scheduled to appear 48 before the Committee and explain their budgets. This will be an open 49 meeting. 50 51 Councilman Elstro moved to suspend the rules and read on .first reading 52 by title only Ordinance No. 3113-1976, seconded by Councilman Williams 53 and on unanimous voice vote the motion was carried. 54 55 The Clerk read on first reading by title only Ordinance No., 3113-1976 - 56 AN ORDINANCE TO APPROPRIATE THE SUM OF SIX HUNDRED THREE THOUSAND THREE 57 HUNDRED AND SIXTY EIGHT DOLLARS ($603,368.00) FROM THE MOTOR VEHICLE 58 HIGHWAY FUND OF THE CITY OF. RICHMOND, WAYNE COUNTY, INDIANA, FOR THE 59 PURPOSE OF DEFRAYING THE EXPENSE OF THE MOTOR VEHICLE HIGHWAY FUND OF 60 SAID CITY FOR THE CALENDAR YEAR 1977 BUDGETING THE SAME, LIMITING THE 61 USE THEREOF AND FIXING THE TIME WHEN SAME. SHALL TAKE EFFECT. 62 63 Councilman Elstro moved to suspend the rules and read on first read- 64 ing by title only Ordinance No. 3114-1976, seconded by Councilman 65 Williams and on unanimous voice vote the'-motion was carried. 144 Common Council Minutes Cont'd August 2, 1976 . . Page 2. 1 The Clerk read on first reading by title only Ordinance No. 3114-1976 - 2 AN ORDINANCE APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES 3 OF PARK AND RECREATION .DEPARTMENT OF THE CITY OF RICHMOND, INDIANA, FOR 4 THE FISCAL YEAR BEGINNING JANUARY 1 , 1977 AND ENDING DECEMBER 31, 1977, 5 • INCLUSIVE,. AND FIXING. THE TIME WHEN THE SAME SHALL TAKE EFFECT. 6 7 Councilman Cornett moved to suspend the rules and read on first reading 8 by title. only Ordinance No. 3115-1976, seconded by Councilman Elstro and 9 on unanimous voice vote the motion was carried. . 10 - 11 The. Clerk .read on first reading by title only Ordinance No. 3115-1976 12 AN ORDINANCE 'APPROPRIATING MONIES. FOR THE PURPOSE 'OF DEFRAYING THE EXPENSES 13 OF THE REDEVELOPMENT DISTRICT BOND FUND IST ISSUE OF THE CITY OF RICHMOND, 14 INDIANA, FOR THE FISCAL YEAR COMMENCING JANUARY 1 , 1977 AND ENDING DECEMBER 15 31 , 1977, INCLUSIVE, AND FIXING THE TIME WHEN THE SAME SHALL TAKE EFFECT. 16 17 Councilman Merchanthouse moved to suspend .the rules and read .on' first read-. 18 ing by title only Ordinance No. 3116-1977, seconded by Councilman Carter 19 and on unanimous voice vote the motion was carried. 20 21 The Clerk read on first--reading by title only Ordinance No. 31.16-1976 - AN 22 ORDINANCE. APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING EXPENSES OF . 23 • OPE:RATI:NG -THE MUNICIPAL AIRPORT OF THE CITY OF RICHMOND, INDIANA, FOR THE 24 F1 CAL -TEAR BEGINNING JANUARY 1 , 1977, AND ENDING I)ECEMBER 31 , 1977, 25 INCLUSIVE,. AND FIXING THE TIME WHEN 'THE SAME SHALL TAKE' EFFECT. 26 . . 27 Councilman Carter moved to suspend the rules and read on first reading by 28 title only Ordinance No. 311- sl976, seconded by Councilman Cornett and on 29 unanimous voice. vote .the motion was carried. 30 31 The Clerk read on first reading by title only Ordinance No. 3117-1976 - AN 32 ORDINANCE FIXING THE RATE AND THE AMOUNT OF TAXES .FOR MUNICIPAL PURPOSES TO 33 BE LEVIED ON PROPERTY WITHIN THE CITY OF RICHMOND, WAYNE COUNTY, INDIANA 34 - FOR THE YEAR 1977, AND PROVIDING FOR THE TAKING EFFECT THEREOF. 35 36 Councilman Cornett moved to suspend the rules and read on first reading by 37 title only Ordinance No. 3118-1976, seconded by Councilman Elstro and on 38 unanimous voice vote the motion was carried. ; - 39 . 40 Mr. Meredith stated Ordinance No. 3118-1976 should be amended under Section 41 2 to -read . . . to- be' used for an engineering study of' the extension of 42 Industrial Road from Northwest 55th Street to U. S. 27, . . . . 43 44 Councilman Elstro moved for this amendment, seconded by Councilman Williams 45 . and- on unanimous' voice vote the motion was carried. 46 -- 47 The Clerk read on first reading by title only Amended Ordinance. No. 3118- 48 1976 - AN: ORDINANCE-TO APPROPRIATE. THIRTY THOUSAND DOLLARS ($30,000.00) FROM 49 CUMULATIVE CAPITAL IMPROVEMENT FUND- (CIGARETTE TAX) . 50 51 President Mills announced this ordinance has' to be advertised. 52 53 Councilman Merchanthouse moved to suspend the rules and read- on first read- 54 ing by title only Ordinance No. 3119-1976, seconded by Councilman Paust and 55 on unanimous v.oi ce-vote the motion- was- carried. • 56 - . 57 The Clerk read on first. reading by title only Ordinance No. 3119-1976 - AN 58 ORDINANCE TO APPROPRIATE WITHIN THE GENERAL FUND FROM. CASH OPERATING SEVEN 59 THOUSAND SIX.HUNDRED AND:EIGHTY DOLLARS' ($7,680:'00) TO POLICE DEPARTMENT 60 . BUDGET- L-27 MOTOR EQUIPMENT' ($4,000.00) AND L-31 OTHER. EQUIPMENT 61 ($3,680.00) ' . ' 62 63 President Mills announced this ordinance has to be advertised. 14r. Common Council Minutes Cont' d August 2, 1976 Page 3. 1 Councilman Ahaus moved to suspend the rules and read on first reading by III2 title only Ordinance No. 3120-1976, seconded by Councilman Williams and 3 On unanimous voice, vote the motion was carried. 4 5 President Mills announced this ordinance should read "AN ORDINANCE TO 6 TRANSFER"'. instead of "AN ORDINANCE TO APPROPRIATE". 7 8 Councilman Williams moved to amend Ordinance No. 3120-1976 to "TRANSFER" , 9 seconded by Councilman Elstro and on unanimous voice vote the motion was 10 .carried. 11 12 The Clerk read on first reading by title only Amended Ordinance No. 3120- 13 ; 1976 - AN ORDINANCE TO TRANSFER THEISUM OF TEN THOUSAND ONE HUNDRED 14 DOLLARS ($10,UOO.00) FROM OFF STREET PARKING FUND TO PARKING METER FUND 15 PM-3 HEAT, LIGHT AND POWER ($6 ,600.00). ANQ PM-6 OTHER SUPPLIES ($3,500.00). 16 17 Councilman 'Elstro moved to suspend the rules and move Amended Ordinance 18 No. 3120-1976 to second reading, seconded by Councilman Paust and on 19 unanimous voice vote the motion was carried. 20 21 The Cle.rk read on second reading Amended Ordinance No. 3120-1976. 22 23 Councilman Paust moved for engrossment of Amended Ordinance No. 3120-1976, 24 seconded by Councilman Williams and on unanimous voice vote the motion 25 was carried. 26 27 Councilman Elstro moved for suspension of the rules and place Amended 28 Ordinance No. 3120-1976 on third reading by title only, seconded by 29 Councilman- Paust and on unanimous' voice vote the motion was carried. 30 31 The Clerk read on third reading by title only Amended Ordinance No. 3120- 32 - 1976. 33 34 Amended Ordinance No. 3120-1976 was placed on final passage or rejection 35 and on a call of the roll the following was recorded: Ayes: Ahaus , 36 Austerman , Carter, Cornett, Elstro, Merchanthouse, Paust and Williams. 37 Noes: Mills. . The vote being eight (8) to one (1) in favor of passage 38 of Amended Ordinance No. 3120-1976. 39 40 Councilman Ahaus, moved to suspend the .rules and read on first reading by 41 title only Ordinance No. 3121-1976, seconded by Councilman Paust and on 42 unanimous voice vote' the motion was carried. ' 43 44 The Clerk read on first reading by title only Ordinance No. 3121-1976 - 45 AN ORDINANCE TO APPROPRIATE FIFTY 'SEVEN THOUSAND FIVE HUNDRED DOLLARS 46 ($57,500.00) FROM THE FEDERAL- REVENUE SHARING TRUST FUND FOR CERTAIN 47 ORDENARr AND NECESSARY CAPITAL EXPENDITURES AS AUTHORIZED BY THE LAWS 48 OF THE STATE OF INDIANA AND BY THE ORDINANCES OF THECITY OF RICHMOND, 49 INDIANA. 50 51 President Mills announced this ordinance has to be advertised. 52 53 Councilman Elstro moved to suspend the rules and read on first reading 54 by title only Ordinance No. 3122-1976, seconded by Councilman Williams 55 and on unanimous voice vote the motion was carried. 56 57 The Clerk read on first reading by title only Ordinance No. 3122-1976 - 58 AN ORDINANCE TO APPROPRIATE THIRTEEN THOUSAND DOLLARS ($13,000.00) FROM - 59 THE FEDERAL REVENUE SHARING TRUST FUND FOR CERTAIN ORDINARY AND. NECESSARY 60 CAPITAL EXPENDITURES AS AUTHORIZED BY THE LAWS OF THE STATE OF INDIANA 61 AND BY THE ORDINANCES OF THE CITY OF RICHMOND, INDIANA. 62 63 President Mills announced this ordinance has to be advertised. 146 Common Council Minutes Cont'd August 2, 1976 Page 4. 1 Councilman Merchanth.ouse moved to suspend the rules and read on first 2 reading by title only Ordinance No. 3123-1976, seconded by Councilman 3 Paust and on unanimous voice vote the motion: was carried. 4 5 The. Clerk. read on first reading by title only Ordinance No. 3123-1976 - 6 ' • AN ORDINANCE AMENDING ORDI:NAN.CE. NO.! 2325-1968 COMMONLY KNOWN AS THE 7 ZONING ORDINANCE OF IRE CITY OF RICHMOND, INDIANA, ADOPTED JUNE 3, 1968. 8 9 President Mills announced this Ordinance will go to the Plan Commission 10 • forstudy and recommendation. . 11 . 12 The. Clerk read on second reading Ordinance No. 3070-1976 - AN ORDINANCE 13 AMENDING ORDINANCE. NO. 2325-1968, COMMONLY KNOWN AS THE ZONING ORDINANCE 14 OF THE CITY' OF RICH OND, INDI:ANA, ADOPTED JUNE 3, 1968. 15 16 The. Clerk read the following letter from Robert B. Goodwin , Director, 17 Department of the City Planning: 18 . .• 19 Dear Mr. Mills, Members of the Council & Mrs. Trimble: 20 .. 21 Qn Tuesday, July 27, 1976, the City Plan Commission voted 22 unanimously, 7-0, to recommend denial. of Ordinance. No. 23 3070-1976 to the. Common Council . 24 25 The vote tally is deceptive inasmuch as at least one (1 ) 26 of our members voted to recommend denial so the Ordinance 27 could be brought before the Council for a vote. 28 . . 29 It is' important to remember that this. Ordinance was intro- 30 duced by the Plan Commission for a particular case. It is 31 - drafted in such a way that it applies specifically to that 32 case, and it was rejected by the petitioner on the floor • 33 of the Council Chambers when it was Introduced. 34 35 This- Ordinance was voted on by the Plan Commission at its 36 March, Apriharid May meetings and each time resulted in no 37 decision. No vote was taken at the June meeting because 38 several Plan Commission members. were• absent. 39 40 The recommendation before you tonight is a recommendation 41 to deny this Ordinance. Those Plan Commission members who 42 vocalized their opinions at the public hearings voted "no" 43 because they felt the Ordinance defeated the purpose of 44 having non-conforming classifications , and that it would 45 be contrary to the best interests. of planning. in the City 46 of Richmond. Still another member expressed the opinion 47 that the Ordinance as drafted was unacceptable but could 48 fie handled in a more comprehensive manner in the new 49 . Ordinance. 550 51 Respectfully submitted, 52 53 Department. of City Planning 54 . . . . . . 55 . . . • 56 Robert B. Goodwin . . 57 Director 58 • . 59 Speaking for this Ordinance was Councilman Austerman. 147 - Common Council Minutes Cont'd August 2, 1976 Page 5. 1 Councilman Austerman moved to amend Ordinance No. 3070-1976 Section 1 , 2 'Part (b) to change-the comma after the word "structure" a period III 3 ' and strike everything :thereafter, seconded by Councilman Ahaus and on 4 unanimous voice vote the motion was carried. 5 6 President Mills announced- this ordinance will remain on :second reading. 7 .. 8 The Clerk read on second reading Ordinance No. 3092-1976 - ,AN ORDINANCE 9 TO AMEND ORDINANCE NO. 2432-1969 , COMMONLY KNOWN AS THE GARBAGE AND 10 RUBBISH CONTROL ORDINANCE OF THE CITY-OF RICHMOND, INDIANA . 11 12 Speaking for this ordinance. Were -Bing Welch-, Sanitary Board member, 13 and Mr.. Dick Gentry, 1721 Capri Lane.- 14 15 Speaking against this ordinance was Mrs. Annabelle .Davis , 2520 W. 16 Main Street. 17 18 Councilman Cornett moved for engrossment of:Ordinance No. 3092-1976 , 19 seconded by Councilman Elstro and on unanimous_ voice. vote the motion 2Q los carried. . 21 22 Councilman Cornett moved to suspend the rules .and place .Ordinance No. 23 - 3092-1976 on third reading by title only, seconded by Councilman 24 Elstro,„ Councilman Councilman Ahaus ;voted no. 25 - 26 President Mills announced Ordinance No. 3092-1976 will -be on third III27 reading at the next meeting. 28 29 The Clerk read on second ,reading :Ordinance No. 3107-1976 .- AN ORDINANCE 30 - TO APPROPRIATE THE SUM OF SEVEN HUNDRED FIFTEEN DOLLARS AND SEVENTY, 31 SEVEN CENTS- ($715.77) FROM GENERAL FUND, CASH OPERATING, TO GENERAL 32 FUND, DEPARTMENT OF POLICE L-31OTHER EQUIPMENT. . 33 - 34 Councilman Paust moved to accept and file proof of publication , 35 seconded by Councilman Williams and .on -unanimous voice vote the motion 36 Was carried. - 37 38 Councilman Paust moved for engrossment of Ordinance No. 3107-1976 , 39 seconded by Councilman Merchanthouse and on thianimous voice vote the 40 motion was carried. - -- - . 41 42 Councilman Paust moved for suspension of the rules. and place Ordinance 43 No. 3107-1976 on third reading by title only, seconded by Councilman 44 Elstro and on unanimous. voice vote the motion was carried. 45 46 The Clerk read on third reading by title only Ordinance. No. .3107-1976. 47 48 Ordinance No. 3107-1976 was placed on final passage or rejection and 49 on a call of the roll the following was record'd: Ayes: . Ahaus , 50 Austerman , Carter, Cornett, Elstro, Merchanthouse, Mills, Paust and 51 Williams. Noes: , None. The vote being nine (9) to zero (0) in 52 - favor of passage of Ordinance No. 3107-1976. 53 54 The. Clerk read on second reading Ordinance No. 3108-1976 - AN ORDINANCE 55 TO APPROPRIATE THE SUM OF THREE THOUSAND DOLLARS ($3,000.00) FROM 56 GENERAL FUND, CASH OPERATING, TO GENERAL FUND, DEPARTMENT OF POLICE 57 _ L-27 MOTOR EQUIPMENT. 58. 59 - Councilman Williams moved to accept and file proof of publication for 60 Ordinance No. 3108-1976 , seconded by Councilman Paust and on unanimous 61 voice vote the motion was. carried. 148 Common Council Minutes Cont'd August 2 , 1976 Page 6. 1 Speaking for Ordinance No. 3108-1976 was Chief of Police Charles Chris. 2 3 Councilman Williams moved for engrossment of Ordinance No. 3108-1976, 4 seconded by Councilman Paust and on unanimous voice vote the motion 5 was carried. 6 7 Councilman Williams moved for suspension of the rules and place Ordinance 8 No. 3108-1976 on third reading by title only, seconded by Councilman 9 Paust and on unanimous voice vote the motion was carried. 10 11 The Clerk read on third reading by title only Ordinance No. 3108-1976. 12 13 Ordinance No. 3108-1976 'was placed on final passage or rejection and on 14 a call of the roll the following was recorded: Ayes: Ahaus, Austerman , 15 Carter, Cornett, Elstro, Merchanthouse, Mills , Paust and Williams. 16 Noes: None. The vote being nine (9) to zero (0) in favor of passage 17 of Ordinance No. 3108-1976. 18 19 The Clerk read on second reading Ordinance No. 3110-1976 - AN ORDINANCE 20 TO APPROPRIATE THE SUM OF FORTY- FIVE THOUSAND FIVE HUNDRED THIRTY NINE 21 DOLLARS AND FORTY THREE CENTS ($45,539.43) FROM THE GENERAL FUND CASH 22 OPERATING TO THE BOARD QF PUBLIC WORKS AND SAFETY BUDGET FOR J-8 ELECTRIC 23 CURRENT, CITY BUILDING ($10,000.00) , J-9 ELECTRIC CURRENT, STREET LIGHTS 24 ($20,000.00) , J-14 REPAIR OF BUILDINGS AND STRUCTURES ($3,000.00) , J-16 25 TREE AND STUMP REMOVAL ($3,500.00) , J-16 OTHER CONTRACTUAL SERVICES 26 ($4,800.00) , J-24 REPAIR PARTS ($239.43) , J-33 HOSPITAL/MEDICAL-POLICE 27 AND FIREMAN ($1 ,000.00) AND J-39 OTHER EQUIPMENT ($3,000.00). 28 29 Councilman Williams moved to file proof of publication for Ordinance No. 30 3110-1976, seconded by Councilman Paust and on unanimous voice vote the 31 motion was carried. 32 33 Councilman Elstro moved for engrossment of_ Ordinance No. 3110-1976 , 34 seconded by 'Councilman Paust and on unanimous voice vote the motion was 35 carri'ed. 36 37 Councilman Elstro moved for suspension of the rules and place Ordinance 38 No 3110-1976 on third reading by title only, seconded by Councilman 39 Paust and on unanimous voice vote the motion was carried. 40 41 The Clerk read on third reading by title only Ordinance No. 3110-1976. 42 43 Ordinance No. 3110-1976 was placed on final passage or rejection and on 44 a call of the roll the following was recorded: Ayes: Ahaus , Austerman , 45 Carter, Cornett, Merchanthouse , Mills , Paust and Williams. Noes: Elstro. 46 The vote being eight (8) to one (1 ) in favor of passage of Ordinance No. 47 3110-1976. 48 49 There being no further business on motion duly made, seconded and passed 50 the meeting was adjourned. 51 52 Kenneth Mills 53 President 54 55 ATTEST: JoEllen •Trimble 56 City Clerk