HomeMy Public PortalAbout12-06-1993 •
EE I F E fN N fL ' F HE
CITY-OF-RICHMOND—INDIANA MONDAY—DECEMBER 6,_1993
1 The Common Council of the City of Richmond, Indiana met in regular session at 7:30 p.m. Monday,
2 December 6, 1993, in the Council Chambers in said City. President Lundy presided with the following
3 4
Councilmembers present: Elstro, Brookbank, Donat, McBride, Parker, Allen, Dickman and Hutton. The
following business was had to-wit:
5
6 PLEDGE OF ALLEGIANCE
7
8 PRAYER BY COUNCILMEMBER MCBRIDE
9
10 ROLL CALL
11
12 Nine present.
13
14 APPROVAL OF MINUTES OF NOVEMBER 15.1993
15
16 Councilmember Allen moved to approve the minutes of the previous meeting as prepared, seconded by
17 Councilmember Hutton and by unanimous voice vote the motion carried.
18
19 COMMUNICATIONS FROM THE MAYOR
20
21 There were none.
22
23 PRESENTATIONS OF REMONSTRANCES. PETITIONS AND MEMORIALS
24
25 None were presented.
26
27 REPORT FROM CITY DEPARTMENTS
28
29 REPORT FROM OTHER OFFICES
30
31 REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY
32
33 Minutes of the November 11, 18 and 25 meetings were in the Council packets.
34
35 Councilmember Elstro said he visited the Downing residence on South 7th Street and noted that Downing
36 had put up a handrail to get to the front of the house. He said he does have a camper at the rear of the
37 residence but it is closer to get to the front of the house by parking in the front than it is from the back.
38 Councilmember Donat said she contacted the Indiana Protection & Advocacy Services out of Indianapolis
39 and had received a letter from John J. Stinehart, ADA coordinator. She said the ADA handbill he sent
• 40 indicated that because of the Act the City must provide for parking on the street even if they have off-street
41 parking if there is a doctor's note or recommendation stating that the person should have a handicapped
42 spot on the street. She passed that information on to Earnest Jarvis, director of Public Works and-a member
43 of the Board of Public Works. Councilmember Brookbank said she had driven back into the alley and there is
44 a camper, a wagon and a flat camper at the rear of the Downing residence. Councilmember Elstro said the
45 camper belongs to Downing and that the wagon is one he uses for 4-H. He added that it is about 50 feet
46 closer for him to park in the front of the house.Councilmember Donat said this is not an issue about this one
47 particular person and the current ordinance needs to be amended. She said it is legally Council's
48 responsibility according to the ADA and it needs to be looked at.
49
50 Jarvis said Downing has two trailers and an RV parked in the back of his property on the concrete slab and
51 there is only one short step at the back door but there are six steps up to the front door. He noted that
52 Downing has taken up all his parking with the RV and the two trailers, adding that he has more off street
53 parking than is available to most of us. Councilmember Elstro said it looks like Downing is doing everything
54 right and he doesn't want to put his parents in a nursing home. Councilmember Donat said the current
55 ordinance is too rigid and does not meet ADA requirements. She asked Jarvis to look into that and discuss it
56 with Janet Hibner.She volunteered to come in and work on it with Hibner if needed.
57 0
58 Councilmember Donat said she had a letter from Rebecca Kimbler on North J Street who had a problem with
59 a barricaded bridge where there was a lot of traffic. Kimbler requested that the barricades be moved further
60 61
up North J Street. Councilmember Donat said she also had received calls on the speed of the increased
amount of traffic in front of Cambridge Square Apartments leading to the new location of 40 Lanes. She
62 passed both requests on to Jarvis to bring before the Board of Works.
63
64 Councilmember McBride said he and Robert Hankosky of RP & L had been working together to try to
65 alleviate the problem on North 17th Street.
fei
Common Council Minutes Cont'd
December 6, 1993 •
Page 2
1 REPORTS FROM SPECIAL COMMITTEES
None were presented.
REPORTS FROM STANDING COMMITTEES
•
•
None were presented.
• REPORTS FROM OTHER COUNCIL COMMITTEES
11
1 None were presented.
1-
1 ORDINANCES
1,
1' ORDINANCES ON FIRST READING
1;
1 Councilmember Brookbank moved to suspend the rules and read on first reading by title only Ordinances
1' No. 97, 104, 105, 106 and 107- 1993, second by Councilmember Dickman, and the motion was carried on
1• a unanimous voice vote.
2n
2 ORDINANCE NO.97 a 1993
2.
2 The Clerk read Ordinance No.97- 1993-A SPECIAL ORDINANCE AMENDING THE ZONING MAP AT 44
2 SOUTH 2ND STREET
2'
2^ Bob Goodwin, City Planning Director, explained that this ordinance was initiated by the Plan Commission
2 because an error was made in the issuance of a permit and there is currently an office under construction on
2: that site. He said it was determined the site is M-1 and for an office structure to be located on such a site it
2° must be either a special use or part of an industrial operation. He added that in discussing that with
30 petitioners, his staff would be much more comforable with the area being rezoned if that is what Council and
3 the Plan Commission determine needs to be done.
3.
3 Explaining where the area is, Goodwin said it is immediately west of the jail and is the former Pardo
3• wrecking site,then the property to the north includes the car lot and Swayne Robinson which is zoned.M-1,
3' then to the west is the gorge area,and south it is back into light industrial again. He said the area to the east
3° is the government complex which includes the Courthouse, annex building, jail complex and the City
3 Building which is all zoned C-3 which is similar in nature to the request of C-2. He noted the difference is
3: that C-3 is precisely for the Promenade and has different regulations in regard to signage.
3^
40 Also, there is no requirement for off-street parking in the C-3 area because the City provides it downtown.
4 He said he is requesting the site be zoned C-2 which requires the developers to provide off-street parking for
4 this facility. He added that the developers are working in conjunction with the City Engineer and the State
4' Engineer to make sure the traffic pattern will tie into the new bridge when it comes across and it should not
4 be creating any impediments by allowing this construction to go on. He said this was passed 9-0 by the
4. Plan Commission.°In answer to.a question by Councilmember Hutton, Goodwin said the site will be the
4, home of the welfare offices and vocational rehabilitiation.
4 • .
4. He explained that this ordinance was initiated by the Plan Commission because of the error that was made,
4° adding that normally he would have advised the petitioners to come to Council for rezoning.
50
5 Councilmember McBride moved to suspend the rules and advance Ordinance No. 97 - 1993 to second
5. reading and read by title only, second by Councilmember Brookbank and the motion was carried on a
5 unanimous voice vote.
5e
5' The Clerk read Ordinance No.97-1993.on second reading.
5°
5 President Lundy declared Ordinance No. 97- 1993 on public hearing. There being no comments either for
5» or against the ordinance, Councilmember McBride moved for engrossment,''second by Councilmember
5° Hutton and-the motion was"carried on a unanimous voice vote.
60
6. ,Councilmember Brookbank moved to suspend the rules:and advance Ordinance No. 97 - 1993 to third and
6' final reading and.read.by title only, second by Councilmember McBride and the motion was carried on a
6• unanimous voice vote. •
6
6 The Clerk read Ordinance No.97- 1993 on third reading. . ,
387
Common Council Minutes Cont'd
DscemtbeL64993
Paqe-3•
•
1 Ordinance No.97-1993 was adopted on the following call of the roll:
2
3 Ayes:Elstro, Brookbank, Donat, McBride, Parker,Allen, Dickman, Hutton and Lundy(9)
4 Nays: None
5
6 ORDINANCE NO. 104-1993
7
8 The Clerk read Ordinance No. 104 - 1993 - AN APPROPRIATION ORDINANCE AMENDING THE 1993
9 BUDGET
10
11 City Controller Dennis Grimes explained that this ordinance is one that will fund the 1994 budget by reducing
12 expenditures this year. He said the budget equation accounts for an 18-month cycle and in figuring the park
13 fund budget for 1994 it was determined it was short by$36,485.That meant there were two options, he said.
14 One would be to cut the 1994 budget by that amount or cut the 1993 budget. He said when Mark Gasche,
15 the former superintendent of Parks and Recreation was contacted, he said these are the two accounts where
16 the appropriations are not necessary at this time for the remainder of the year. In answer to a question by
17 Councilmember McBride, Councilmember Hutton said she assumed that money was for positions not filled
18 throughout the year.Grimes said she was correct.
19
20 Councilmember Parker moved to suspend the rules and advance Ordinance No. 104 - 1993 to second
21 reading and read by title only,second by Councilmember Hutton and the motion was carried on"a unanimous
22 voice vote.
23
24 The Clerk read Ordinance No. 104 -1993 on second reading.
25
26 President Lundy declared Ordinance No. 104- 1993 on public hearing. There being no comments either for
27 or against, Councilmember McBride moved for engrossment, second by Councilmember Hutton and the
28 motion was carried on a unanimous voice vote.
29
30 Councilmember Brookbank moved to suspend the rules and advance Ordinance No. 104- 1993 to third and
31 final reading and read by title only, second by Councilmember McBride and the motion was carried on a
32 unanimous voice vote.
33
34 The Clerk read Ordinance No. 104- 1993 on third and final reading.
35 _
36 Ordinance No. 104-1993 was adopted on the following call of the roll:
37
38 Ayes: Elstro, Brookbank, Donat, McBride, Parker,Allen, Dickman, Hutton and Lundy(9)
39 Nays: None
40
41 ORDINANCE NO.105-1993
42
43 The Clerk read Ordinance No. 105 - 1993 - A GENERAL ORDINANCE ESTABLISHING AN UNSAFE
44 BUILDING FUND
45
46 Grimes explained:that in the passage of the 1994 budget there was an establishment for recognition of a
47 need to establish an unsafe building fund. He said prior to this year the activities of securing unsafe buildings
48 was accomplished through the general fund. He added that the statute authorizes a separate fund be
49 established and in the budget hearing with the State Tax Board he said the tax commissioners wanted an
50 ordinance approved by Council actually establishing such a fund. He said Council had approved a$30,000
51 appropropriation for 1994 in an unsafe building fund but until Council actually approves establishment of that
52 fund it is not final.He added that this is merely a formality.
53
54 Milligan said one of the essential characterics is that this is a non-reverting fund so you do not lose money
55 through the appropriation at the end of the year. He added that it enables the City to revolve money through
56 here because this is an activity where the City spend money to secure a building or tear something down
57 then is reimbursed by a property owner or subsequent buyer. He said the Board of Works has jurisdiction
58 over this.
59
60 Councilmember Parker asked if there is any money in the unsafe building fund now or has it always come out
61 of the general fund. Grimes said the latter is true. He added that this will establish an unsafe building fund on
62 its own and all the money not spent will stay in the fund and will be reappropriated from year to year and
63 other additional revenue will be added to it and appropriated likewise.Grimes said if the property owner does
64 not maintain his or her property the Board of Works can require the individual property owners to secure their
65 buildings. If they fail to do that the building will be secured through this fund and the property owners will be
billed. -
Common Council Minutes Cont'd . - _
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• .December 6, 1993- - •
P_age� -
1 Grimes said according to the statute the activity should be carried out through a separate non reverting fund.
and that is what the City is attempting to do. It will act as a'revolving fund; extended once a year and will be
' replenished if the money is recovered. Milligan gave as an example of what this fund will be used for the
boarding up of the former Wagner Cadillac building or residential properties which have to be secured.to
- protect children in the neighborhood. He said this gives the Board of Works the wherewithal to do that.
•
Councilmember McBride moved to suspend the rules and advance Ordinance No. 105 - 1993 to second
reading and read by title only, second by Councilmember Parker and the motion was carried on a
• unanimous voice vote.
1#
1 The Clerk read Ordinance No. 105-1993 on second reading.
1
1 President Lundy declared Ordinance No. 105 - 1993 on public hearing. There being no comments either for
1, or against the ordinance, Councilmember Dickman moved for engrossment, second by Councilmember
1 Brookbank and the motion was carried on a unanimous voice vote.
1•
1 Councilmember Brookbank moved to suspend the rules and advance Ordinance No. 105- 1993 to third and
1 final reading and read by title only, second by Councilmember McBride and the motion was carried on a
1 unanimous voice vote.
2
2 The Clerk read Ordinance No. 105- 1993 on third reading.
2
2 Ordinance No. 105- 1993 was adopted on the following call of the roll:
2
2 Ayes:Elstro, Brookbank, Donat, McBride, Parker,Allen, Dickman, Hutton and Lundy (9)
2 Nays:None
2
2 ORDINANCE NO.106-1993
2
3 The Clerk read Ordinance No. 106 - 1993 -A SPECIAL ORDINANCE AUTHORIZING THE APPROVAL OF
3 STATEMENTS OF BENEFITS FOR PROPERTY OWNERS APPLYING FOR DEDUCTIONS UNDER I.C.
3 6-1.1-12.1
3
3 Councilmember Parker reported on the meeting of the Tax Abatement Evaluation Committee, noting that
3• CMJ Corporation, Mosey Manufacturing Company Inc. and Nixon Tool Company Inc. meet the criteria of the
3. law, adding new manufacturing equipment and therefore are entitled to the five-year deduction of assessed
3 valuation of taxes.
3
3 Councilmember Brookbank moved to suspend the rules:and advance Ordinance No. 106 - 1993 to second
4 reading and read by title only, second by Councilmember McBride and the motion was carried on a
4 unanimous voice vote.
4
4 The Clerk read Ordinance'No. 106.- 1993 on second reading.. '
4
4. President.Lundy declared Ordinance No. 106 - 1993 on public hearing. There being no comments either for
4 or against the,ordinance, Councilmember Dickman moved for engrossment,'second by Councilmember
4 McBride'and the motion was carried on a unanimous voice vote.
4 •
4 Councilmember"Allen moved to suspend the rules and advance Ordinance No. 106 - 1993 to third and final
5 reading and .read by title only, second by Councilmember Dickman and the motion was carried on a
5 unanimous voice vote.
5 -
5t -The Clerk read Ordinance No. 106-1993 on third reading. •
5
5 Ordinance No. 106-1993 was adopted on the following call of the roll:
5i .
5 Ayes:Elstro, Brookbank, Donat, McBride, Parker,Allen,,Dickman, Hutton and Lundy(9)
5 Nays:None .
5
6 ORDINANCE NO.107-1993
6
6 The Clerk read Ordinance No. 107.- 1993 AN APPROPRIATION ORDINANCE AMENDING THE 1993
6 BUDGET
64
6 Grimes explained this ordinance deals with the transfer of money from-one major budget classification to
another within the. Department of Law, Public Works, Engineering,:Police, Parks and Recreation and the
Motor Vehicle Highway Fund.
889
Common Council Minutes Cont'd
December 6, 1993
Pa ¢5
•
1 Councilmember McBride moved to suspend the rules and advance Ordinance No. 107.- 1993 to second
2 reading and read by title only,second by Councilmember Hutton and the motion was carried on a unanimous
3 voice vote. •
4
5 The Clerk read Ordinance No. 107-1993 on second reading.
6
7 President Lundy declared Ordinance No. 107- 1993 on public hearing. There being no comments either for
8 or against, Councilmember McBride moved for engrossment, second by Councilmember Dickman and the
9 motion was carried on a unanimous voice vote.
10
11 Councilmember Brookbank moved to suspend the rules and advance Ordinance No. 107- 1993 to third and
12 final reading and read by title only, second by Councilmember McBride and the motion was carried on a
13 unanimous voice vote.
14
15 The Clerk read Ordinance No. 107- 1993 on third reading.
16
17 Ordinance No. 107- 1993 was adopted on the following call of the roll:
18
19 Ayes:Elstro, Brookbank, Donat, McBride, Parker,Allen, Dickman, Hutton and Lundy(9)
20 Nays:None
21
22 ORDINANCES ON SECOND READING
23
24 ORDINANCE NO.100-1993
25
26 Ordinance No. 100- 1993-A SPECIAL ORDINANCE AMENDING THE ZONING MAP AT 3641 EAST MAIN
27 STREET
28
29 Councilmember Donat asked Milligan whether this is zoning for Klem's bowling facility and asked if that was
30 included in the southeast annexation which is in a lawsuit. Milligan said this is part of the annexation territory
31 and in the two-mile jurisdictional area. Councilmember Donat asked if this is going to be a problem since
111 32 zoning was included in Ordinance No. 20 - 1993 which is now in litigation. Milligan said that ordinance does
33 not take effect until the remonstrance is resolved and as a result the present zoning stands and Gayle
34 Gardner, attorney for the petitioners, is asking that it now be rezoned C-2.
35
36 President Lundy declared Ordinance No. 100-1993 on public hearing.
37
38 Gardner said he is the attorney for the Dunlap and Thorman families in regard to the zoning of the 14 acres
39 to Errol Klem for the new bowling alley. He also noted that 80 acres was sold to Wal Mart and four acres to
40 Goody's shopping area. He said when he appeared before Council on March 1 he talked about coming back
41 concerning some special real estate, namely this 22-acre tract. He said he felt that with the continuing
42 discussion at this point it appeared to be an appropriate time to deal with the issue.
43
44 He said the owners have sold 25 acres to the Christ United Baptist Church which is the entire southern
45 protion of the farm area and the area to the west is 23 acres zoned multi-family and residential. He said it
46 was the thinking of the owners that they don't know what is going to occur so they thought they should not
47 make a determination for that 23 acres. He added that this 22 acres is made to order for the requested
48 multi-family R-4 to the community business. He said no negative notices were returned at the public hearing
49 and all those returned were positive. He added that there were no remonstrators and the Plan Commission
50 voted 8-1 to recommend the passage of the petition for zoning. Gardner said there is a great deal of interest
51 in this tract with the extension of South 37th which is proposed to pass through this real estate and should
52 the City choose to extend South A Street that also passes through there. He added that the owners have
53 gone on record with the City that they are willing to convey this to the City without charge. He said since the
54 Graf family purchased this real estate in 1940 there has been continued open communication with the City,
55 adding that this is an opportunity to bring interested commercial development to this community.
56
57 Speaking against the ordinance was Charles Northrup at 724 Garwood Road who said area residents had
58 hired a lawyer, got petitions together and signed them, presenting them to the City October 27. He said with
59 that petition it was understood the City could not do anything with that area but now the petitioners
60 understand that the City has plans to build this road on that annexation area disregarding those lawsuits. He
61 said he felt it is totally inappropriate considering the final decision has not been made and he asked the
62 Council to let the courts decide whether or not this annexation should go through.
63
64 Karen Kimball said if it is okay to change the zoning in this area how does that zoning change affect the
65 wellhead zoning that is currently on that area. Milligan responded that the wellhead zoning district was simply
an overlay of an underlying use designation. He said the wellhead does not stand on its own but is an
overlay.
09( -
Common Council Minutes.Cont'd .
December 649.93 .
kage6 - -
•
•
1 Kimball said when it is zoned C-2 it will have to be C-2 WH... But Milligan said no wellhead zoning is on the
2 , books at this time as a result of the remonstrance that Kimball and her neighbors have filed::He added that
the City cannot designate it because it is not a part of the ordinance because of the remonstrance. Kimball
. said if this is the case then any of the zoning can be changed. Milligan said the:zoning can be changed
because this is within the two-mile jurisdictional area. He added that any person can walk in today and get a
E heavy industrial,M-2 zoning permit and start a building in that area because of a remonstrance having been
7 filed. He said it does not provide any of the protection that was adopted by this body in that other ordinance.
E He added that there can be a lot of changes because of the present zoning being prolonged and
S perpetuated because of the remonstrance, adding that is the legal effect of any remonstrance.
11
11 Kimball asked if the petitioners would be free to make any changes. Milligan said only the owners of the
1 property and individual owners could obtain permits for uses for the area based on the present zoning..He
1 said that is true of those persons who have present zoning of M-2, adding that they can come in and obtain
1 permits as-a result of the present zoning. He added that Ordinance No. 20- 1993 will simply not take effect.
1 He said if the court overturns.the remonstrance, in that event it would be abstained and obviously would be
1 null and void. Kimball said then what Council passed and they passed zoning with that ordinance,then none
1 of that matters.
1
1 Milligan said what Council passed has not taken effect. The effective date has been delayed. In the
2 meantime people who own property in that area can come forward, as these parties did, and ask for a
2 rezoning because the City still has the authority to rezone in the two-mile area. He said that will continue to
2 take place until that time when the other zoning takes place. Kimball said she thought once it was passed it
23 stands as it is until it gets out of court. Milligan said that is incorrect. He said the effective date is the key
2 here and because of the remonstrance being filed it has not become effective. He added that this proposed
2 zoning change is proper and proper for the Plan Commission to have heard:it and recommend it and proper
2 for Council if it sees fit to pass it.
2
2 Milligan told Kimball he would go over it again, noting that originally the ordinance was to take effect October
2 26, however the remonstrance was filed prior to that date and it delayed the effective date. He added that
3 simply because the remonstrance was filed does not mean that everything involved with that land has to
3 stop. He said it has not stopped and this is evidence that activities and enterprise are going forward. He said
3 this does not affect the large area that was the subject of Ordinance No. 20. It affects only 22 acres. Kimball
3 then said the 22 acres are in the overall annexed area and it was her understanding that because it is in the
3, courts you cannot mess with the ordinance. She said Council passed the ordinance and it cannot make any
3 of those changes:to the ordinance until the issue has been resolved legally. Milligan told her that she was
3. incorrect.
3
3: Kimball said since Council passed it.with zoning in place that zoning can't be changed until it is out of court.
3° She said the residents had talked with their attorney that day and he told them the zoning,cannot be
4o changed. She added that.had the zoning not been in Ordinance 20 it could be changed, but the ordinance
4 reads zoning and annexation. Milligan said she had been improperly advised. He added that he as the City
4 Attorney is advising Council that this is a proper zoning change and as such time as Ordinance No. 20 may
41 become effective in the-future it,will become effective as the ordinance exists at that future date: Kimball
4 'repeated that the ordinance reads zoning and annexation. .
4.
4• Kimball asked for a delay.so the.issue could be further studied and so their attorney could have time to come
4 before Council and address it. She added that she only found out about Ordinance No. 100 - 1993 at noon
4 today: Councilmember Donat said she had learned some.things tonight that she did not know before: She
4' added.that she,too, had been told that because of the litigation-nothing could,be changed and until that was
5 I resolved everything is tied up. She said she wants to-pass.an ordinance to protect the aquifer. She asked
5 Milligan, if-he..would`prepare the ordinance to protect the-aquifer• until that litigation is settled. Milligan
5 answered that he wou'd not When she.asked for his reason he said.the position.of this administration is for
5 annexation and for maximum protection-of.the aquifer and that is provided for. in Ordinance No.,20. He
5 added that Kimball and Northrup are-within their rights ae property.owners.to bring a remonstrance. He said
5 the'City has a plan in place to protect.that-aquifer and that is in'OrdinanceNo. 20 and that is being delayed
5 until the remonstrance is resolved. In the meantime, Milligan added,there are individuals who are proposing
5 enterprise-on 22 acres of ground and they-have every right to have it rezoned to accommodate them and the
5. administration recommends this be done. . ,
5°
60 Directing her remarks to Mayor Cornett, Councilmember Donat asked whether Milligan is the administration's
6 attorney or the City s attorney Milligan answered that he is the administration's attorney, not the Councils. Il
6 Mayor Cornett responded that Milligan had stated what his position.is. Councilmember Donat said she felt
6 Council needs its own attorney. Councilmember Elstro said there is nothing to stop Councilmember Donat
6• from getting an ordinance from another attorney and presenting it to.this Council.
6' . ,
391
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Common Council Minutes Cont'd
December 6, 1993 •
Page-7
1 Vivian Battista at 6083 Roby Lane spoke against the ordinance. She said she is a part of the group against
2 annexation. She stated that if this ordinance is passed.it sounds like the City can take this property and
3 change it.She pleaded with the Council to let the residents get their attorney here to explain this to them and
4 to Council. She asked Council to put the ordinance on hold, adding that the residents were here tonight to
5 find out what they need to do.
6
7 Councilmember Brookbank said when Council was working on Ordinance No. 20 there had been several
8 meetings and it was explained time and time again before the ordinance was passed that there was
9 protection in that ordinance and what happened when the residents put it into litigation was that they took
10 that protection away.
11
12 Councilmember McBride asked Battista if she was concerned about her property as an infringement or is she
13 a part of the group complaining about the protection of the.aquifer. She answered that she was a little bit of
14 both,adding that she had attended the Plan Commission meeting held last Monday and evidently left too
15 early. She added that she drove past 3541 East Main Street and tried to find it, then asked if it was the old
16 Town and Counctry Motel. She said it sounded like it was trying to be sneaked in without the residents
17 finding out about it. The reason she is here, she said, is to fight this and to learn if this affects the residents'
18 lawsuit and if it does they have the right to have their lawyer here. Councilmember McBride asked Milligan
19 what effect it would have on this ordinance if the residents should win their lawsuit. Milligan said it would
20 have no effect and would simply mean that Ordinance No.20 would not take effect.
21
22 Battista said the residents did not know about this matter until noon today. She said they had been given the
23 wrong impression that this property was not in the annexation area. Councilmember Dickman said he
24 assumed it had been advertised. Battista repeated that they had been given the wrong impression. She said
25 the regular homeowner would not have known it was part of the annexation. Milligan said he assumed the
26 designation of the address is the former Graf property and this is the address that has been used for this
27 particular generic identification on every single rezoning of this property. President Lundy said she feels, as
28 far as this Council is concerned, that it has been patient and re-wrote Ordinance No. 20 several times. She
29 added that this is up to Council.
30
31 Speaking against the ordinance was Mary Bradley of 6155 Roby Lane who asked how the bowling alley was
32 put on the property and how were permits issued to build it if it was not zoned for that.Goodwin pointed out
111 33 that the 22 acres that is being considered here tonight does not include the bowling alley site. He added that
34 that was already zoned previously, noting that this land is 434 feet south of the bowling alley and included
35 the proposed extension of South A Street. However, he said, the bulk of that is already in the City of
36 Richmond and is not a part of the annexation area. Bradley said she evidently had misunderstood. Goodwin
37 proceeded to show the overhead of the area affected by the annexation and the ordinance.
38
39 Kathleen Kimball of Hodgin Road spoke against the ordinance, noting that if changes are made in Ordinance
40 No. 100 then they should be able to make changes to Ordinance No.20.
41
42 President Lundy said they did make numerous changes to Ordinance No. 20 and Council passed it and it is
43 now in litigation as a result of that.
44
45 Councilmember Dickman said he had not heard anyone mention how the zoning request before Council
46 tonight has any negative effect on anything other than it seems to be getting caught up in the lawsuit
47 situation. He said speaking of special treatment, Council gave special treatment, against his vote, to
48 somebody in that group of residents and he feels it would be wrong to hold these property owners up
49 because of the problems the residents are having. He added that he couldn't believe that Council is talking
50 about spending money to protect the aquifer when Council has already done that.
51
52 Councilmember Donat said Ordinance No.20 is as if it had never happened and that is why she would like to
53 spend money to draft an ordinance that would protect the aquifer until Ordinance No. 20 is in effect.
54 Councilmember Dickman said the City has done its job and Council passed an ordinance. Councilmember
55 Donat said she is concerned that any heavy industrial user could come in and request that zoning so Council
56 needs to be protecting it until the litigation is cleared up.
57
58 Councilmember Allen said she felt it would be Council's job to do that. She said it is not fair to hold up the
59 proposal of these'landowners because of the litigation since this change does not seem to affect any of their
60 properties and these property owners have a legitimate right to change it so they can sell it or do whatever
61 they want to do with it. Councilmember McBride said he felt most of the residents' reasoning seemed to be
62 .supposition and he saw no reason to hold up Ordinance No. 100.
63
64 Gardner said the reason he came before Council in March was because of the emergency of the bowling
65 alley and its issues. He •said he did not want to get involved in annexation and in all those other issues.
However, now he has people who would like to buy this property and the primary portion is in the City, not in
the annexation area.
Common Council Minutes Cont'd
December.6, 1993 .
Page=B .
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1 - President Lundy said this issue has been discussed and the City Attorney has said any one in that area has
2 a right to seek change in the designation of zoning. Councilmember Dickman moved for engrossment,
2 second by Councilmember McBride and the motion was carried on an 8-1 vote, with Councilmember Donat
voting.against.
•
Councilmember Brookbank-moved to suspend the rules and advance Ordinance No. 1-00- 1993 to third and
final reading and read by title only, second by Councilmember Dickman and the motion failed by a 7-2 vote
with Councilmember Donat and Councilmember Hutton voting against. Milligan said Ordinance No. 100 -
1993 will be placed on third reading at the December 20 meeting of Council.
1
1 President Lundy reminded those in the audience that it will not be a public hearing and advised them to get
1 their information to Council before that date. Councilmember Donat requested they get their information to
1 President Lundy in plenty of time. Milligan said there cannot be any amendments to the motion without
1 unanimous consent and only comments by Councilmembers will be in order.
1
1 ORDINANCE NO.101 -1993
1
1 The Clerk read Ordinance No. 101 - 1993 - A SPECIAL ORDINANCE AMENDING THE ZONING MAP AT
1 THE 500 BLOCK OF SOUTH ROUND BARN ROAD
2
2 President Lundy declared Ordinance No. 101 - 1993 on public hearing.
2
2 Speaking in favor of the ordinance was George Sowers, attorney on behalf of the petitioner, Mosey Mfg. Co.
2 Inc. who has agreed to sell a parcel of land which is a short one acre, north of the Natco Credit Union in
2 Center Township. He said this is outside the corporation limits but within the jurisdiction of Common Council
2 and the Plan Commission..Sowers said Dr. William D. Ruble is the purchaser and plans to open a medical
27 clinic along Round Barn Road which is presently zoned M-2. He added that it is necessary to have a special
2: use zoning designated to establish the medical clinic. Sowers said no negative response had been received
2° from the landowners by the Plan Commission which had voted 9-0 to recommend passage with four
30 conditions which were: (1) Attachment of the site plan; (2) Reduction of the width of the driveway to 10 feet;
3 (3)Comply with the beautifcation ordinance;and (4) Before the building permit is issued to satisfy the Wayne
3 County Surveyor with respect to drainage. He said those conditions had been agreed upon by the
3 purchaser. Councilmember Allen reported the vote of the Plan Commission, noting the conditions.
3,
3 There being no other comments in favor of the ordinance and none against, Councilmember Elstro moved
3. for engrossment, second by Councilmember Dickman and the motion was carried on a unanimous voice
37 vote.
3
3 Councilmember Brookbank moved to suspend the rules and advance Ordinance No. 101 1993 to third and
4 final reading.and;read by title only, second by Councilmember McBride and the motion was carried on a
4 unanimous voice.vote.
4
41 The Clerk.read Ordinance No. 101 - 1993 on third reading.
4
4 Ordinance No. 101 - 1.993 was adopted on the following call'of the roll:
4
4 Ayes:Elstro, Brookbank, Donat,McBride, Parker,Allen, Dickman, Hutton and Lundy (9) -
4 Nays:None. ..
4,
5'
5 ORDINANCES ON THIRD READING
551
There were.none. ' ' .
5
55
5 OLD BUSINESS •
5' •
5 Councilmember Donat asked Milligan if Jan Hibner would be permitted to write the ordinance to protect the
5 aquifer. Milligan answered that she would not. She asked if it was necessary for an attorney to write the
6' ordinance or,could a councilperson write.it. Milligan answered: that a councilperson could author the
6 ordinance.and-it.would have to be introduced by a councilperson. He added that any ordinance that the
6 administration proposes is introduced by the president of-Council-according to Council rules. He said a
6 councilrnember can prepare an ordinance and consult with whoever he or she wants on any type of
66f ordinance he or she wishes to prepare.
903
Common Council Minutes Cont'd
December 6, 1993
Page_
1 Councilmember Donat stated that she wished to pursue the matter of another attorney and asked Milligan if
2 she wished to consult an attorney would she need the approval of the majority of the Council in order to get
3 Council funds or could she consult one and bill the Council. Milligan said the only way Council can spend the
4 appropriation for attorneys is through a majority vote and that would be a motion within the regular meeting
5 to hire an attorney with a particular agreement on what the attorney is to do. He added that it takes a majority
6 vote to spend money, thenthe president of Council acts as a department head and fills out a requisition
7 going through the normal procedures with the finance office. He said no one member can hire the attorney.
8
9 Councilmember Donat moved to hire an attorney to draft an ordinance and to also clear up the matter as to
10 whether or not it is necessary to have a majority vote for spending of Council funds. Milligan said the latter
11 part of Councilmember Donat's motion was simply a matter of statute,that it takes a majority vote of Council
12 to pass any affirmative act and the expenditure of money appropriated in the budget is an affirmative act.
13 Councilmember Donat said she and President Lundy had been informed otherwise. She moved to hire an
14 attorney to help draft an ordinance that would protect the water supply from the southeast aquifer using
15 Council funds for contractual purposes. She then amended her-motion adding that she wished to appropriate
16 the entire amount of Council funds to retain an attorney for anything Council may have a concern about. Her
17 motion and amendment were seconded by Councilmember Elstro.
18
19 The motion and amendment were adopted on the following call of the roll:
20
21 Ayes: Elstro, Donat,.Parker, Hutton and Lundy(5)
22 Nays:Brookbank, McBride Allen and Dickman (4)
23
24 MISCELLANEOUS BUSINESS
25
26 President Lundy asked City Clerk Norma Carnes. to read a letter received by Mayor Roger Cornett
27 commending Councilmember McBride for his weekly participation in the Study Buddy program at C.R.
28 Richardson Elementary. An interoffice memo from Jan Hibner was also read by Carnes encouraging
29 employee participation in the Blood Drive to be held Thursday, December 9, 1993. Carnes concluded with
30 the reading of an announcement of the Celebration of Lights December 11-12 in Glen Miller Park sponsored
31 by the Richmond Area Rose Festival and the Parks and Recreation Department.
32
33 ADJOURNMENT
34
35 There being no further business,on a motion duly made,seconded and passed,the meeting was adjourned.
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43 Etta J. Lundy, President
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49
50 ATTEST:
51 Norma Carnes, City Clerk
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