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HomeMy Public PortalAbout05-03-1976 113 PROCEEDINGS OF THE COMMON..',COUNCIL- 'OF THE CITY .OF-RI CHMON:D, IN DIANA, NAU 3;G 1976 1 The Common Council of the City of Richmond, Indiana, met in regular 2 session May 3, 1976, at the hour of 7:30 p.m. in the Council Chambers 3 in the Municipal Building in said City. President Mills presided 4 with the following members present: Messrs. Ahaus , Austerman , 5 Carter, Cornett, Elstro, Merchanthouse, Paust and Williams. Absent: 6 None. The following business was had, to-wit: ' 7 8 Councilman Paust gave devotions. 9 10 I'n observance of the. Bicentennial , The Richmond Bicentennial Committee , 11 accompanied by a fife and drum corps and "British subjects" , marched 12 on Council . Robert 0IMaley, British Magistrate arrived to close the 13 Common Council . He declared the Common Council to be dissolved and 14 its members ordered arrested as responsible for the illegal existence 15 of the. city. 16 17 President Kenneth Mills defended the right of the Council to assemble. 18 He di'd so on the grounds that the right of assembly was protected by 19 the unwritten constitution of Great Britain and that the right of 20 assembly is a natural right belonging to all men everywhere. 21 22 Mayor Clifford Dickman closed the ceremonies defending the rights 23 of the people for free speech and assembly. 24 25 Councilman Williams moved to approve the minutes of the previous 26 meeting, seconded by- Councilman Paust and on unanimous voice vote the 27 motion was carried. II/ - Z8 29 The Clerk. read Resolution No. 15-1976 - A RESOLUTION APPROVING THE 3Q USE: OF LOCAL OPTION FUNDS OF THE COMMUNITY DEVELOPMENT BLOCK GRANT 31 AS THE LOCAL MATCHING SHARE FOR TITTLE XX FUNDS UNDER THE SOCI:AL 32 SECURITY ACT. 33 34 Speaking for this Resolution were Mr. Tim Ryder, Director of Communi- 35 ty Development, Mr. Al Engles , Family Service and Mr. David Blackman , 36 Executive Director of YMCA. : 37 38 Councilman Paust moved for adoption of Resolution No. 15-1976, second- 39 ed by Councilman Cornett and on unanimous voice vote the motion was 40 carri:ed. 41 42 The Clerk. read Resolution No. 16-1976- A RESOLUTION AUTHORIZING THE 43 CITY OF RI'CHMOND TO ENTER INTO A STATE 701 PLANNING GRANT CONTRACT. 44 45 Speaking fo.r this Resolution was Mr. Bob Goodwin , Director of City 46 Planning. - 47 48 Councilman Cornett moved for adoption of Resolution No. 16-1976 , 49 seconded by Councilman Paust and on unanimous voice vote the motion 50 was carried. 51 52 Mr. Don Meredith reported from the Board of Works that in the area 53 of South of "L between 21st and. 22nd Street, Delucio has been doing 54 work there. 55 56 _ City Engineer, George Webb, reported on the drainage problem. on No. 57 "J"'. The catch basin should function in a normal manner When the 58 Contractor completes his job. It will take approximately thirty 59 (30) days to complete the project which was started April 30th. 114 • Common Council Minutes Con t'd May 3, 1976 Page 2 1 Councilman Paust asked if the City had received any communication from 2 the local Fireman 's Union. Mr. Reinke stated he had been out of town • 3 all day •and had received a message to call their representative when he 4 returned. 5 6 Councilman Carter inquired about the sanitary sewer west of Dennis 7 School which will be reported at the next Council meeting by the Board. 8 9 Mr. Grant Spears , Township Trustee, is heading a project to plow up 11 Ci;ty-owned plots for garden projects. Councilman Carter requested the 11 city Administration cooperate. with Mr. Spears. 12 - 13 Councilman Eistro reported trash. in the alley in the 1500 block between 14 youth 5th and 6th. Streets. Mr. Richard Longer- of the Sanitation Depart- 15 ment will accompany Councilman Elstro to the area to see what needs to 16 be done. 17 18 Councilman Austerman moved to suspend the rules and read on first reading 19 6y title only Ordinance No. 3078-1976, seconded by Councilman Williams 20 and on unanimous voice. vote the mdti:on was carried. • - 21 22 The Clerk read on first reading by title only Ordinance No. 3078-1976 - 23 AN ORDTNANCE: TO APPROPRIATE: THE: SUM OF THIRTEEN THOUSAND EIGHT HUNDRED 24 FOURTEEN DOLLARS AND THIRTY THREE CENTS ($13,814. 33) FROM FEDERAL REVENUE 25 SHARING TRUST FUND TO GENERAL FUND SERVICES PERSONAL - CITY COURT. 26 27 Councilman Cornett moved to delete. word General Fund from the top and 28 in the middle of the Ordinance, seconded by Councilman Austerman and on 29 unanimous voice vote. the motion was carried. 30 31 President Mills announced this ordinance has to be advertised: 32 33 Councilman Maus moved to suspend the rules and read on first reading 34 by title only Ordinance No. 3079-1976, seconded by Councilman Austerman 35 and on unanimous voice vote the motion was carried. 36 37 The Clerk read. on :fi'rst .reading.by title only Ordinance No. 3079-1976 - 38 AN ORDINANCE TO APPROPRIATE: THE SUM OF SI:X THOUSAND. DOLLARS ($6,000.00) 39 FROM THE: GENERAL FUND OPERATING TO THE DEPARTMENT OF PUBLIC SAFETY, • 40 POLICE, DI?VISION, OTHER GARAGE AND MOTOR SUPPLIES. - 41 42 President Mills announced this ordinance has to be advertised. 43 44 Councilman. Austerman moved to suspend the rules and read on first reading 45 by title only Ordinance No. 3080-1976, seconded by Councilman Williams 46 and on unanimous voice vote the motion was carried. 47 48 The Clerk read on first reading by title only Ordinance No. 3080-1976 - 49 AN ORDINANCE: TO APPROPRIATE TWO THOUSAND DOLLARS ($2,000.00) FROM THE 50 CUMULATI:VE CAPITAL IMPROVEMENT FUND (CIGARETTE TAX FUND. ) • 51 52 President Mills announced this ordinance had to be advertised. 53 54 Councilman Carter moved to suspend the rules and read on first- reading 55 by title only Ordinance No. 3081-1976, seconded by Councilman Cornett 56 and on unanimous -voice vote the motion was carried. 57 • 58 The. Clerk. read on-First reading by -title. only Ordinance No. 3081-1976 - 59 AN ORDINANCE TO APPROPRIATE E:I:GHTE:EEN THOUSAND:DOLLARS ($18,000.00) 60 FROM THE: LOCAL ROAD AND STREET FUND FOR R & S #14. 61 62 President Mills announced this ordinance has to be advertised. 115 Common Council Minutes Cont'd - May 3, 1976 Page 3 1 Councilman- Cornett moved to suspend the rules and read. on, first 2 • reading by title only Ordinance No. 3082-1976, seconded by Councilman III3 Carter and on unanimous voice vote the motion was carried. • 4 5 The Clerk read on first .reading by title only Ordinance No. 3082-1976 - 6 ,' AN-ORDINANCE OF THE: CITY OF RICHMOND AUTHORIZING .THE CONVEYANCE OF 7 A PORTION OF UNIMPROVED LEASE LAND PURSUANT TO AN OPTION' GRANTED TO 8 . LE5SEE. UNDER LEASE AGREEMENT. D_ 10: -E p1'aining and speaking for- this ordinance were Mr. Andrew -Cecere, 11 Attorney and Mr. Myron Hunt, .Dana. . . 12 . 13 • - Councilman Carter moved to suspend the rules .and movecOrdinance No. 14 . 3082-4976 to second reading, seconded by Councilman Elstro and on 15 • - un-ani'mQus voice. vote the. motion was carried. ' • . - 16 17 _ The Clerk, read on second reading Ordinance No. 3082-1976. . 18 19 Councilman Elstro moved for engrossment of Ordinance No. 3082-1.976, 20 seconded by Councilman Carter and on unanimous voice vote the 'motion 21 . was carried. 22 . 23 - .Councilman-Elstro moved to suspend the rules and place Ordinance' No. 24 ;:;_"'- 3Q82-1976 on third and final reading by title only, sedondedTby .. 25 Councilman Ahaus and on unanimous voice vote the motion was carried. 26 27 , The Clerk: read on third reading, by title only, Ordinance 3082=1976. III 28 - 29 Ordinance No. 3082-1976 was placed on- final -passage or rejection and 30 'on a call of the. roll the following was recorded: Ayes: Ahaus , 31 Auste.rman , Carter, Cornett, Elstro, Merchanthouse, Mills, Paust and 32 fli11i'ams. Noes: None. The vote being-nine (9) to zero (0) in favor 33 of passage of 'Ordinance 3082-1976. . . ' . . . - ... -. 34 , 35 The Clerk. read on second reading Ordinance No. 3073-1976 _- 'AN ORDINANCE 36 AMENDING ORDINANCE, NO. 2325-1968, COMMONLY KNOWN AS THE ZONING ORDI- 37 - .NANCE OF THE CITY OF RI:CHMOND, INDIANA;-ADOPTED JUNE '3, .1968'. -- 38 • 39 The Clerk. read a letter from the Department of-City -Planning -"stating 40 this request from Commons .Lumber, - Inc: had been litithdrawn. at the 41 petitioner's request. 42 . : 43 i Councilman Cornett moved Ordinance No. 3073-1976 be stricken from 44 1 the records, seconded by Councilman Williams and. on unanimous voice . 45 vote the motion was carried. . . . L 46 47 The Clerk read on second reading Ordinance No. 3075-1976 - AN ..ORDI- 48 .NANCE AUTHORIZING A "SPECIAL USE" INN A M-1 LIGHT INDUSTRIAL DISTRICT, 49 OF ORDINANCE NO. 2325;1968, COMMONLY KNOWN AS THE ZONING ORDINANCE 50 OF THE CITY OF RICHMOND, INDIANA, ADOPTED JUNE 3, 1968. 51 . III52 The Clerk read a letter from the Department of City Planning stating 53 this. request by Ronald and Charles Cates had been withdrawn at the 54 petitioner's request. - . . ' . , 55 . 56, The Clerk. read. on .second reading Ordinance No. 3076-1976 - AN ORDI- 57 NANCE. TO APPROPRIATE THE SUM OF FOUR THOUSAND .EIGHT HUNDRED FORTY ONE 58 DOLLARS AND SEVENTY CENTS ($4,841.70) FROM. REVENUE SHARING` TRUST FUND 59 -TO WAYNE COUNTY OPPORTUNITIES INDUSTRIALIZATION: CENTER;-,INC. . 60 . 61 Councilman Cornett moved to accept and file proof of publication , 62 seconded by Councilman Paust and on unanimous -voice vote the motion • 63 Was carried.. • 116 Common Council Minutes -Cont' d May 3, 1976 Page 4 1 Speaking for this ordinance were. Mr. Gene Schmidt, 4411 So. "B" , 2 President of the Board of Directors of OIC, Mr. Ed Gibson , Director 3 of OI:C.. 4 5 Councilman. Austerman moved for engrossment of Ordinance No.. 3076-1976, 6 seconded by Councilman Cornett and on unanimous voice vote the:motion 7 was carried. 8 9 Councilman Cornett moved to suspend the rules and read Ordinance No. 10 3076+1976 on third reading by title only, seconded by Councilman 11 Williams and on unanimous voice vote the motion was carried. 12 13 The Clerk. read on third reading Ordinance No. 3076-1976. 14 15 Ordinance No. 3076-1976 was placed on final passage or rejection and 16 on a call of the roll the following was recorded: Ayes: Ahaus , Auster- 17 man , Carter, Cornett, Els•tro, Merchanthouse, Mills, Paust and Williams. 18 Noes: None. The vote being nine (9) to zero (0) in favor of passage 19 of Ordinance No. 3076-1976. 20 21 The Clerk read on second reading Ordinance No. 3077-1976 _ AN ORDINANCE 22 MAKING I:T UNLAWFUL FOR CLAIRVOYANTS, FORTUNE TELLERS, PALMISTS, ASTRO- 23 LOGE:RS OR OTHERS FOLLOWING SIMILAR OCCUPATIONS OR BUSINESS TO PRACTICE_ 24 THEIR PROFESSION OR CARRY" ON SUCH BUSINESS WITHOUT FIRST OBTAINING A 25 LICENSEPROVEDING PRACTICES THEREFOR AND MATTERS PERTAINING THERETO. 26 27 Speaking against thi:sooudnance was Mrs.. Lee Kellner, 2245 .So. ""B". 28 29 Councilman Cornett moved for engrossment of Ordinance No. 3077-1976, 30 seconded by Councilman Paust and on unanimous voice vote the motion 31 was carried. 32 33 Councilman Austerman moved to suspend the rules and read Ordinance No. 34 30.77-1976 on third reading by title only., seconded by Councilman 35 Cornett and on unanimous voice vote the motion was carried. 36 37 The. Clerk read on third reading Ordinance No. 3077-1976. 38 39 Ordinance No. 3077-1976 was placed on final passage or rejection and 40. on a call of the roll the following was recorded: Ayes: Cornet and 41 Mills. Noes: Ahaus , Austerman , Carter, Elstro, Me.rchanthouse,' Paust 42 and Williams. The vote being two (2) to seven (7) in favor of passage 43 of Ordinance No. 3077-1976.. Therefore, the ordinance was rejected. 44 45 Councilman Elstro moved to -suspend the rules and read on third reading 46 by title only Ordinance No. 3071-1976 , seconded by Councilman Cornett 47 and on unanimous voice vote the motion was carried. 48 49. The Clerk read on third reading Ordinance No. 3071-1976. 50 ' 51 Explaining this ordinance was Mr. Dale Jacobs , Jacobs and Maze Associates. 52 53 Ordinance No. 3071-1976 was placed on final passage or rejection and on 54 a call of the roll the following was recorded:. Ayes: Ahaus , Austerman , 55 Carter, Cornett, Merchanthouse, Mills, Paust and Williams. Noes: 56 Elstro. The vote being eight (8) to. one (1) .in- favor of passage of 57 Ordinance 3071-1976. . 58 59 There, being no further business, on motion duly made, seconded and 60 passed, the meeting was adjourned. 61 62 Kenneth Mills 63 President 64 ATTEST: JoEllen Trimble 65 City Clerk