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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 Page-2 1 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 'age.3 1 2 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 1 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 Ea g=e b 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 • 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. .3 .4 ,5 .6 ,7 •8 .g '0 Larry Parker, President 1 2 3 '4 5 •6 ATTEST: 7 Norma Carnes, City Clerk 8 9 00 .1 02 03 a4 05