HomeMy Public PortalAbout11-21-1994 543
PROCEEDINGS-OF-TRE-C-OMMON-C-OtJNC-I _OF T_HF
CITY rRfCHMON. IA1131 lit VIGN OVt-MB-ER 21. 1-9
1 The Common Council of the City of Richmond, Indiana met in regular session at 7:30 p.m. Monday,
2 November 21, 1994, in the Council Chambers in said City. President Larry Parker presided with the following
3 Councilmembers present: Howard "Jack" Elstro, Etta Lundy, Jane Brookbank, Mary Ellen Donat, Gene
4 Allen, Bob Dickman and Sally Hutton. Don McBride was absent.The following business was had to-wit:
5
6 PLEDGE OF ALLEGIANCE
7
8 PRAYER BY COUNCILMEMBER HUTTON
9
10 ROLL CALL
11
12 Eight present.
13
14 President Parker announced that due to an oversight, two ordinances had been left off the agenda. They
15 are Ordinance No. 84- 1994 and Ordinance No. 85- 1994, also, Resolution No. 1, City of Richmond Board
16 of Finance.
17
18 Councilmember Brookbank moved to add to the agenda Resolution No. 1 - 1994, and the two ordinances on
19 second reading, second by Councilmember Hutton and the motion was carried on a unanimous voice vote.
20
21 APPROVAL OF MINUTES OF NOVEMBER 7.1994
22
23 There were no minutes available for approval.
24
25 COMMUNICATIONS FROM THE MAYOR
26
27 PRESENTATIONS OF REMONSTRANCES.PETITIONS. MEMORIALS OR PUBLIC COMMENTS
28
• 29 Councilmember Hutton said she had petitions for one of the ordinances and President Parker suggested she
30 wait until the ordinance appears on the agenda.
31
32 REPORT FROM CITY DEPARTMENTS
33
34 REPORT FROM OTHER OFFICES
35
36 REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY
37
38 Minutes of the October 27, November 3 and November 10, 1994 meetings were in the Council packets.
39
40 REPORTS FROM SPECIAL COMMITTEES
41
42 Councilmember Allen announced that the Wayne County Council on Aging bazaar will be from 2 to 4 p.m.
43 Friday, December 2, at Bank One.
44
45 REPORTS FROM STANDING COMMITTEES OR OTHER COUNCIL COMMITTEES
46
47 RESOLUTION NO.1 -1994
48
49 Councilmember Allen moved to nominate President Parker as president of the Board of Finance of the City
50 of Richmond, second by Councilmember Lundy and the motion was carried on a unanimous voice vote.
51 President Parker stated that the reason for the motion is that the City legally has to have a president of the
52 Board of Finance. He added that the controller serves as secretary/treasurer and the Board of Finance is
53 required to meet the first Monday and before the last day of November in each even number of years for the
54 purpose of designating the public depositories for the following two-year period of the City's finances.
55
56 President Parker announced the board would designate Star Bank, Harrington Bank and First Bank.
57 Councilmember Hutton moved for adoption of the resolution, second by Councilmember Allen and the
58 motion was carried on a unanimous voice vote.
59
60 ORDINANCES
61
62 ORDINANCES ON FIRST READING
63
64 President Parker announced Ordinance No. 93 - 1994 on first reading. He explained that it transfers $6,800
65 from regular salaries,$3,000 from temporary help and $1,550 from Civilian P.E.R.F. He said it also transfers
$1,000 from computer services, $1,000 from telephone facsimile in the finance operation budget to office
supplies, and transfers $3,000 from motor equipment to fund expenses in public transit fund until the end of
the year. City Controller Dennis Grimes introduced the new Deputy Controller, Rachel DeLucio, who
explained the ordinance further.
544
Common Council Minutes Cont'd
November 21, 1994
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2
3 Councilmember Lundy moved to suspend the rules and advance Ordinance No. 93 - 1994 to second
4 reading and read by title only, second by Councilmember Hutton and the motion was carried on a
5 unanimous voice vote.
0
7 The Clerk read on second reading Ordinance No. 93 - 1994 - AN APPROPRIATION ORDINANCE
8 AMENDING THE 1994 BUDGET.
9
1 President Parker announced that the ordinance was on public hearing. There being no comments either for
1 or against, Councilmember Dickman moved for engrossment,second by Councilmember Brookbank and the
1 motion was carried on a unanimous voice vote.
1
16 Councilmember Lundy moved to suspend the rules and advance Ordinance No. 93 - 1994 to third and final
1 reading and read by title only, second by Councilmember Brookbank and the motion was carried on a
1 unanimous voice vote.
1
1 The Clerk read Ordinance No. 93- 1994 on third reading.
1
210 Ordinance No. 93- 1994 was adopted on the following call of the roll:
211
22 Ayes:Elstro, Lundy, Brookbank, Donat,Allen, Dickman, Hutton and Parker(8)
2l3 Nays:None
24 Absent:McBride
26 Councilmember Brookbank moved to suspend the rules and read Ordinance No. 94 - 1994 on first reading
and read by title only, second by Councilmember Allen and the motion was carried on a unanimous voice
vote.
9
30 ORDINANCE NO. 94-1994
311
31? The Clerk read Ordinance No. 94 - 1994 - AN APPROPRIATION ORDINANCE AMENDING THE 1994
33 BUDGET
314
35 In explaining the ordinance, Grimes noted that it is a reduction ordinance presented to Council in order that
316 the 1995 budget might be balanced. He said in order to reduce the budget by $505,000 some had to be
3¢7 taken out of 1994 and 1995. He chose to delete $110,000 out of the 1995 budget and the remaining
318 $394,850 out of the 1994 budget.
39
40 Reductions included $6,900 out of the Mayor's department;$13,000 out of Council; $1,000 in office supplies
4�1 out of the Department of Law;$100,000 out of the Board of Works;$1,850 out of Planning;$2,000 out of the
q� Department of Administration; $100,000 out of the Board of Works; $2,000 out of the Department of
43 Administration; $2,150 out of the Redevelopment General Fund; $48,700 out of the Parks & Recreation
Department; $117,000 out of the Fire Pension Fund; $103,000 out of the Police Pension Fund; and $75,000
45 out of the Airport which Grimes explained is not part of the budgetary process. However, he said part of the
46 additional appropriations to purchase a hanger came before the Council, noting that revenues would not
47 materialize mainly from fuel sales at the airport to purchase the hanger so that was done out of the E.D.I.T.
48 funds allocation to do three things which were the Transilwrap rail spur, demolition of the Leland Hotel office
9 space and the Medical Arts Building. He said all three will be accomplished for $58,334 and that will come
out of the 1995 allocation.The rest of the items, he said, left the leeway to do some other things. He said the
requirements to spend the E.D.I.T. money are that there will be some economic impact.
Councilmember Donat asked Grimes where the dollars go after they are deleted from the various accounts.
514 He said the authority to spend is now relinquished, adding that the dollars that were to support those
5 expenditures will continue to come in and it falls into the cash balance which is calculated as something to
6 fund the 1995 budget with. Councilmember Donat asked if the year is allowed to run out, with this money still
57 in the funds, would it not go into the general fund anyway. Grimes answered that it would not, that it goes
58 into the fund in which the money has been designated. Only the authority to spend those dollars is being
5�9 relinquished. He reminded Council that in January of this year he appeared before Council asking for
additional spending authority of half a million dollars and he is again before Council relinquishing some of
1 that spending authority almost to the same extent. He said there was some concern that the money would
be spent frivolously, but that has not been the case. He said he encouraged department heads to spend
63 what they needed but if it was not needed he asked for it back. He explained that basically it amounts to if
•4 he goes to the State Board of Accounts hearing with an unbalanced budget he comes out of the hearing with
.5 a balanced budget one way or the other and that gave the department head the latitude of cutting. He said
the final decision rests with him as the City Controller and the Mayor.
545
Common Council Minutes Cont'd
NovembeL21;t999
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3 Councilmember Donat asked that if the authority was relinquished from all those different accounts, is it
4 possible for this money to be spent before 1995 if Council relinquishes it at this early date. Grimes answered
5 that would not be the case because it is committed toward the funding of the 1995 budget. Councilmember
6 Donat asked why that wasn't stated and noted that it still must be in the 1994 general fund even though
7 separate entities have relinquished their power to spend it.
8
9 Grimes said the money cannot be spent without legal appropriations. Councilmember Dickman said if this is
10 the balancing of the budget then the City really doesn't have the money to spend.Grimes said he was asking
11 that the $395,000 would be reverted to the cash balances in the various funds. In the 1995 budget in
12 additional expenditures, he said he would have to cut had he not had this additional cash in the 1994 budget
13 by relinquishing the authority to spend.
14
15 Councilmember Allen said her understanding of the budget was that at the end of the year all the unspent
16 money goes into the general fund and Councilmember Elstro interjected that is true unless they are
17 earmarked. Grimes gave as an example, the appropriation that exists in the park fund is being relinquished
18 and the $48,700 is not going to be spent so it goes to the cash balance. The money will come in that could
19 have been spent and had he not come before Council asking the members to relinquish the authority to
20 spend it that$48,700 goes to the cash balance in the park fund. Now, in the calculation for the funding of the
21 budget then for 1995, which in reality is an 18-month cycle from July 1 to December 31 of the ensuing year is
22 isolated readily of the 1995 expenditures. So those expenditures without that reduction ordinance in the park
23 fund would have to be cut an additional $48,700 in the 1995 budget. But, because he had identified the
24 excess cash he is able to fund those additional expenditures by virtue of passing the cash on to the next
25 year. He said it stays in the fund in which it is designated and does not revert to the general fund unless it
26 originated in the general fund. He invited Councilmembers to stop by the office so he could show them how
27 the math flows.
28
29 President Parker asked if this ordinance is passed will Grimes be able to go to the hearing with a balanced
30 budget. He said if there is an excess where does that go. Grimes said it stays in the cash balance and could
31 be reappropriated next year. If that is the case he would come to Council perhaps and ask for an additional
32 appropriation to spend anything identified as excess cash in the cash balance. He said it then has to be
33 certified by the state as all additional appropriations do. If he chose to do nothing then it is figured into the
34 calculations as far as cash available.
35
36 Councilmember Brookbank moved to suspend the rules and advance Ordinance No. 94 - 1994 to second
37 reading and read by title only, second by Councilmember Allen and the motion died for the lack of a
38 unanimous voice vote. Councilmember Donat voted nay.
39
40 ORDINANCES ON SECOND READING
41
42 ORDINANCE NO.84-1994
43
44 The Clerk read Ordinance No. 84- 1994-A GENERAL ORDINANCE AMENDING SECTION 95.11 OF THE
45 RICHMOND CODE TO PERMIT THE SALE OF BEER AT MC BRIDE STADIUM
46
47 President Parker announced that this ordinance had come out of the Committee of the Whole and was on
48 public hearing.
49
50 Councilmember Hutton said she had approximately 800 signatures against this ordinance, collected by
51 several people.
52
53 Speaking in favor of the ordinance was Stanton Lambert, superintendent of the Richmond Parks &
54 Recreation Department, who read a letter from Police Chief Dennis Rice in support of the ordinance.
55 Included in the letter was a statement by Rice that if Council decided to pass the ordinance and the Alcohol
56 Beverage Commission issues one day permits that would require the Police Chief to sign off on each permit.
57 However, he said, he would not sign off on a permit if a problem existed and there would be no good faith
58 efforts to resolve them either by the team or the park board. He suggested the park board set the number of
111 59 beers to be sold to an individual at a reasonable limit. Lambert said he had updated all the management
60 recommendations of the alcoholic beverages and given each Councilmember a copy.
61
62 Addressing the concerns about the parking problems, Lambert said that in looking at the parking problem it
63 fits into another plan that is just in the beginning stages which addresses other issues in the youth sports
64 area. He noted the crowded conditions of the current sports areas, adding that developing another outdoor
65 sports complex to meet those needs is being considered.
546
Common Council Minutes Cont'd
November 21, 1994
Page-4
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2 Councilmember Elstro asked Lambert where he anticipated getting all the money for the anticipated sporty
3 center. Lambert said he had been contacted by the state representatives and they feel strongly that the Cit
4 could get funding for the stadium renovation project through the state. Lambert added that in other citie
5 those funds have moved along quickly because it is considered an economic development issue. As far a
6 the outdoor sports complex goes, Lambert said,the land could be obtained at a reasonable price with som
7 long term leases which would cut the cost significantly. He also said that within the next year or two the par
8 department's bond issue will be coming around to being paid off and they would be able to apply for a bon
9 issue.
10
11 Councilmember Brookbank said Ron DeMao,the golf pro at Highland Lake,told her the one-day beer perm
12 has been in place since 1974 when the then City Attorney Andrew Cecere drew it up. Lambert said h-
13 thought that was passed in 1973. President Parker asked if the grants through the state would only b-
14 available for professional teams and Lambert said he thought what the representatives were talking abo
15 were the Build Indiana funds. He said in talking with them they told him that if the team is coming to
16 Richmond it is a done deal and the state will support it, but if no team is assured of coming,they felt it could
17 be done but it would be a lot harder and would not ensure the City success.
18
19 Councilmember Hutton asked if the Gorge funds of $200,000 had been received and Lambert said they hay)
20 been and he is waiting for a plan to be sent back in and put in an account that can be spent. Lambert said
21 all of these things discussed about the sports complex are in the preliminary stages and will not necessaril
22 happen next year.
23
24 Also speaking in favor of the ordinance was Tom Cooper of New Castle, a former professional umpire in th-
25 Frontier League, who stated that he had not ever seen any problems stemming from the sale of beer at th:
26 games he had worked. He said the two franchises that did not have beer sales are now moving to anothe
27 location.
28
29 John Cate of 111 South West 16th Street and the Richmond High School baseball coach, spoke in favor
30 the ordinance, noting that he understood that the Frontier League said that in order to have a franchise th
31 City would have to have beer at McBride Stadium which meant that to have a team here some concession
32 would have to be made to all parties involved. He pointed out there could be an area in left field foul territo
33 behind the out-of-bounds fence that could be made into a picnic area and if the fence was angled where n
34 view would be obstructed only that area is where the alcohol would be allowed. He pointed out that 9
35 percent of the young men playing ball are college graduates and would give the youth of Richmond
36 positive experience and be role models. He said he believed getting a team in here would generate a lot f
37 revenue for the City. He said he had worked very hard in 10 years to establish what is going on in McBrid�
38 Stadium and he would not come forth to jeopardize what has been done. Councilmember Dickman asked if
39 Cate had seen beer being consumed at the softball diamonds and Cate said there are problems there and it
40 is tough to control them. He said if those diamonds are moved and a professional baseball team is broug t
41 in the City would potentially be moving out of an uncontrollable situation to make room for a controlle
42 situation.
43
44 David Dorsten, 919 West Main Street, said he personally feels it is very important to have a baseball tea
45 here, even though he feels it would change his neighborhood, adding that he loves baseball. He said beer i
46 legal in our democracy and drugs are drugs. He said people are going to abuse rights and privileges n
47 matter what they are, adding that people abuse driving privileges constantly. He asked Council to allow th
48 tradition of professional baseball to continue and enrich the City.
49
50 Dave Stryker, general manager of WQLK and WHON in Richmond, said he feels this is a great opportunit
51 to take advantage of something very beneficial in bringing more and more people into the community. H
52 noted Bob Van Pelt's work with the youth and noted that he felt he would not do anything to harm the futur
53 of the youth in Richmond and the Wayne County area.
54
55 Doug Oler with the law firm of O'Maley and O'Maley noted that this is a difficult issue for him to addres
56 since he also endorses D.A.R.E. He noted that the concern is about the sale of acoholic beverages
57 McBride. He said from a legal standpoint he feels there are three opportunities to control these concern .
58 First, he said, Council could place controls in the ordinance; second, controls could be placed in the leas
59 between the City and the baseball franchise; and third, controls could be placed in the Park and Recreatio
60 policy regulations.That gives Council three shots at controlling those concerns, he said.
61 .
62 Dr. Martin Hanneman said for Council to deny this permit is not without consequence. He said it is going t
63 be tough to promote Richmond as a tolerant business-oriented community when this type of attitude i
64 prevalent. He reminded Council that it is its responsibility to vote and conduct the affairs of this City for the
65 concerns of the citizens, with no personal biases or cater to any emotional or reactionary appeals that som-
individuals may have, especially if those appeals are not based on any type of fact.
547
Common Council Minutes Cont'd
November 21, 1994
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1
2 Speaking against the ordinance was Barry Ritter of Hagerstown, a D.A.R.E. officer, who said he feels those
3 supporting the ordinance are placing money before the welfare of the community. He said Richmond is an
4 All-American City, a Sister City and well-known for its roses and it does not need minor league baseball to
5 put it on the map.
6
7 Olin Moore of 1132 Boyer Street, said this is his third trip to speak against the ordinance. He said Council
8 must take a strong stand and stand up for what is right and they will send a very strong message to the
9 community and the voters who put them in office.
10
11 Also speaking against the ordinance was Steve Michael of 407 North West 6th Street, who noted that
12 thousands of people attend school sporting events and enjoy themselves without alcohol. He said he loves
13 his family and loves this city and is concerned about one of the fastest growing problems in our society which
14 is alcohol.
15
16 Karen Dickey of Test Road spoke against the ordinance as did Trisha Hutton of 304 South West 4th Street
17 who stated she is president of S.A.D.D. She said she is in favor of the baseball team coming here but they
18 as a group feel no alcohol sould be sold at any Richmond ball park. She said a baseball team should not be
19 allowed to come here and change the lifestyle of the people who live here.
20
21 Barney Klein, of 100 North 34th Street, said he does drink beer and had a brother killed due to a drunk
22 driver. He said he is a firm believer in that anyone has a right to start a business as long as it is in line with
23 the laws of the voters of the City.
24
25 Rick Thalls, a D.A.R.E. office residing at 3031 National Road West, said Council needs to take a good look
26 to see what message it is going to send in its action on the ordinance. He voiced his concerns about the
27 issues involved.
28
29 Councilmember Hutton moved for engrossment, second by Councilmember Elstro and the motion was
30 carried on a unanimous voice vote.
31
32 Councilmember Allen moved that the ordinance be held on second reading, noting that she would personally
33 like to hear from the silent majority who want to have a baseball team to come to this community along with
34 the possibility of selling beer. She said if there is a silent majority who would like to see it happen she wants
35 to hear from them. Councilmember Hutton noted that since the ordinance has been engrossed it will
36 automatically advance to third reading.
37
38 Councilmember Elstro moved to suspend the rules and advance Ordinance No. 84- 1994 to third and final
39 reading and read by title only,second by Councilmember Donat and the motion was not carried due to a"No'
40 vote by Councilmember Allen. President Parker noted that the ordinance will be on third reading where there
41 will be no public hearing but Council members will be able to speak.
42
43
44 ORDINANCE NO.85-1994
45
46 The Clerk read Ordinance No. 85 - 1994 - A SPECIAL ORDINANCE EXPRESSING A PREFERENCE
47 CONCERNING THE SUPPLIER OF ELECTRIC UTILITY SERVICE TO AN AREA RECENTLY ANNEXED
48 TO THE CITY OF RICHMOND
49
50 President Parker declared the ordinance on public hearing.
51
52 Irving Huffman, general manager of Richmond Power & Light, commented that as the RP & L Board of
53 Directors Councilmembers passed a resolution which expressed concern and a desire for RP & L to serve
54 the newly annexed area. He added that this ordinance does the same thing and it is necessary as a Board
55 and Council to pass the resolution and ordinance in order to comply with the requirements of the Indiana
56 Utility Regulatory Commission.
57
58 Councilmember Elstro moved for engrossment, second by Councilmember Hutton and the motion was
59 carried on a unanimous voice vote.
60
61 Councilmember Elstro moved to advance Ordinance No. 85-1994 to third and final reading and read by title
62 only,second by Councilmember Hutton and the motion was carried on a unanimous voice vote.
63
64 The Clerk read Ordinance No. 85-1994 on third reading.
65
548, .
Common Council Minutes Cont'd . •
November-217_1.994
age=6
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2 Ordinance No. 85 1994 was adopted on the following call of the roll:
3
4 Ayes: Elstro, Lundy, Brookbank, Donat,Allen, Dickman, Hutton and Parker(8)
5 Nays: None
6 Absent: McBride(1)
7
8 ORDINANCE NO.88-1994
9
0 Before reading the ordinance, President Parker announced there were amendments to be made.
1 Councilmember Dickman moved to accept the second reading amendments. However, after much
2 discussion about the discrepancy of the time, he restated his motion to amend the second reading
3 amendment to read from 9 p.m. to 7 a.m. weekdays and from 9 p.m. to 8 a.m. on weekends, second by
4 Councilmember Donat and the motion was carried on a unanimous voice vote.
5
6 Councilmember Hutton moved for engrossment, second by Councilmember Allen and the motion was
7 carried on a unanimous voice vote.
8 •
9 Councilmember Brookbank moved to suspend the rules and advance the amended Ordinance No.88- 1994
.0 to third and final reading and read by title only, second by Councilmember Hutton and the motion was
.1 carried on a unanimous voice vote.
.2
3 The Clerk read Ordinance No.88-1994 on third reading.
4
.5 Ordinance No. 88- 1994 was adopted on the following call of the roll:
6
7 Ayes:Elstro, Lundy, Brookbank, Donat,Allen, Dickman, Hutton and Parker(8)
8 Nays: None
9 Absent: McBride(1)
0
1 ORDINANCES ON THIRD READING
2111
3 OLD BUSINESS
4
•5 MISCELLANEOUS BUSINESS
.6
7 Councilmember Brookbank moved to re-appoint Kenneth Hendricks to the Street Tree Commission, second
8 by Councilmember Hutton and the motion was carried on a unanimous voice vote.
9
0 ADJOURNMENT
1
.2 There being no further business, on a motion duly made, seconded and passed,the meeting was adjourned.
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'0 Larry Parker, President
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•6 ATTEST:
7 Norma Carnes, City Clerk
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