HomeMy Public PortalAbout05-18-1993 249
PROCEEDINGS OF THE COMMON COUNCIL OF THE
OIT-11=0E--RICHMONEUNDIAN,A.11 AY=t8-1993
1 The Common Council of the City of Richmond, Indiana met in regular session at 7:30 p.m.Tuesday, May 18,
2 1993, in the Council Chambers in said City. President Lundy presided with the following Councilmembers
3 present: Elstro, Brookbank, Donat; McBride, Parker, Allen, Dickman and Hutton. The following business
4 was had to-wit:
5
6 PLEDGE OF ALLEGIANCE
7
8 PRAYER- PRESIDENT LUNDY
9
10 APPROVAL OF MINUTES OF MAY 3.1993
11
12 Councilmember McBride moved to approve the minutes of the previous meeting,second by Councilmember
13 Brookbank and the motion was carried on a unanimous voice vote.
14
15 PRESENTATIONS OF REMONSTRANCES.PETITIONS AND MEMORIALS
16
17 Councilmember Hutton gave her thanks and praise to the city employees who acted quickly after a call last
18 week to Earnest Jarvis,director of Public Works and Safety, in which she advised him of problems residents
19 on South West 4th Street were having with their sidewalks. She read-a letter of thanks written by a girl who
20 will soon be 10 years old, explaining that the girl is walking for the first time and was having trouble with her
21 walker because of the problems existing in that area.
22
23 Councilmember Brookbank also passed on accolades to employees in the Richmond Sanitary Department
24 for their quick action in getting a dead animal out of the yard of a couple living on Henley Road and working
25 on the problem of a couple on South 17th Street on the same day she made the telephone call to alert them
26 there was a problem. She asked Jarvis to pass on her appreciation to those employees.
27
28 COMMUNICATION FROM THE MAYOR
29
30 None was presented.
31
32 REPORT FROM CITY DEPARTMENTS
33
34 None was presented.
35
36 REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY
37
38 Minutes of the April 29 and May 6 meetings were placed in Council packets.
39
40 REPORTS FROM STANDING COMMITTEES
41
42 None was presented.
43
44 REPORTS FROM SPECIAL COMMITTEES
45
46 None was presented.
47
48 REPORTS FROM OTHER COUNCIL COMMITTEES
49
50 None was presented
51
52
53 ORDINANCES
54
55
56 ORDINANCES ON FIRST READING
57
58 Councilmember Allen moved to read Ordinances No. 36, 37, 38 and 39 - 1993 in their entirety. Hearing no
59 second, President Lundy entertained a motion by Councilmember Brookbank to read Ordinances No.36,37,
60 38 and 39 - 1993 on first reading and read by title only with a second by Councilmember McBride. When
61 Councilmember Donat asked about Councilmember Allen's motion, President Lundy explained she couldn't
62 accept it without a second. City Attorney Thomas Milligan said Councilmember Brookbank could withdraw
63 her motion and Councilmember McBride could withdraw his second, which they did. Councilmember
64 Brookbank seconded Councilmember Allen's motion and it was carried by a unanimous voice vote.
65
250
Common Council Minutes Cont'd
May-1_874993
Page-2
ORDINANCE NO.36-1993
The Clerk read Ordinance No. 36 - 1993 - A SPECIAL ORDINANCE AMENDING THE ZONING MAP AT
350 WAYNE ROAD
q WHEREAS the zoning map designates a part of the northwest quarter of section 20, township 14 north,
range 1 west, containing 3800 square feet, more or less, located at 350 Wayne Road, Richmond, Indiana,
as R-1 One-Family Residence District, and
1 WHEREAS it is desirable to change the zoning designation to M-1 Light Industrial District,to accommodate
1 the installation of an advertising sign,
1
11NOW, THEREFORE, be it ordained by the Common Council of the City of Richmond, Indiana, that the
1 zoning designation of the real estate described in attached Exhibit A be and is hereby changed to M-1 Light
1 Industrial District.
1
1 President Lundy announced that Ordinance No.36-1993 will go to the Planning Commission.
1:
1• Councilmember Elstro inquired about the name of the petitioner. Milligan answered that he did not have that
21 information but said the person lives at 350 Wayne Road, adding that the full petition will be before the
2 Planning Commission for a public hearing. Councilmember McBride asked the location of Wayne Road and
2. Milligan explained it is north of 1-70. President Lundy asked if is a normal procedure to go from R-1 to M-1
2 just for a sign. Milligan said the reason is that large billboard signs are only permitted in the M-1 and M-2
2, districts.
2
2• ORDINANCE NO.37-1993
21
2$ The Clerk read Ordinance No. 37 - 1993 - A SPECIAL ORDINANCE AMENDING THE ZONING MAP AT
29 612 INDIANA AVENUE
3
3 WHEREAS the zoning map designates a part of the northeast quarter of section 31, township 14 north,
3 range 1 west, containing .61 acre, more or less, located at 612 Indiana Avenue, Richmond, Indiana, as R-2
3i One-Family Residence District, and
3
3 WHEREAS it is desirable to change the zoning designation to R-4 Multi-Family Residence District, to
3 accommodate the placement of a double-wide mobile home on a permanent foundation,
37
3i NOW, THEREFORE, be it ordained by the Common Council of the City of Richmond, Indiana, that the
3 zoning designation of the real estate described in attached Exhibit A be and is hereby changed to R-4
41 Multi-Family Residence District.
4
4 Councilmember Hutton commented that she thought mobile homes were allowed only in trailer parks.
4 Milligan said an individual mobile home can be placed in an R-4 district, explaining that this particular one is
a double wide mobile home that will be lowered onto its own foundation. Councilmember Elstro questioned
4 whether or not there is an existing ordinance which permitted mobile homes only in mobile parks. Milligan
4 said there was not,adding that the Planning Commission will have this on public hearing.
47
4 President Lundy announced that Ordinance No.37- 1993 will go to the Planning Commission.
4
5
5 ORDINANCE NO.38-1993
5
5 The Clerk read Ordinance No. 38 - 1993 - AN APPROPRIATION ORDINANCE AUTHORIZING THE CITY
5 OF RICHMOND TO RECEIVE A DONATION
5
5 WHEREAS the City of Richmond, Indiana, has the option of accepting or rejecting donations for a specific
57 purpose,and
5:
5• WHEREAS the acceptance of a donation for a specific purpose constitutes the appropriation of such
61 property for the intended purpose,
6
6 NOW, THEREFORE, be it ordained by the Common Council of the City of Richmond, Indiana, that the
6 following donation be gratefully accepted and hereby acknowledged with the heart-felt gratitude of the
6• citizens of Richmond,to wit:
6
251
Common Council Minutes Cont'd
May 18, 1993
P_age_3
1 Department of Parks and Recreation for landscaping materials for improvement of the South Tenth
2 Street Parking Lot-No.850-85-850-8501-2-2513
3
4 Tenth Street Park Neighborhood Association-Cash Gift$1,000.00
5
6 President Lundy announced that this ordinance can go all the way to adoption at this meeting.
7
8 Councilmember Brookbank moved to suspend the rules and advance Ordinance No. 38 - 1993 to second
9 reading and read by title only,second by Councilmember McBride and carried by a unanimous voice vote.
10
11 Councilmember Allen commented that the First Christian Church has been extremely supportive of the 10th
12 Street Neighborhood Association. Milligan added that it was indicated more than $1,400 will be raised.
13 President Lundy commented that the First Christian Church is in her district and it is the church which
14 Councilmember Allen attends. She noted that the church is also helping to make the City's parking lot at the
15 rear an attractive one. She commented that perhaps those attending the annual Pig Out the end of this
16 month would be able to see firsthand what the neighborhood has done to make the park attractive.
17
18 President Lundy declared Ordinance No. 38- 1993 on public hearing.There being no comments either for or
19 against the ordinance Councilmember Dickman moved for engrossment, second by Councilmember McBride
20 and carried by a unanimous voice vote.
21
22 Councilmember Allen moved to suspend the rules and advance Ordinance No.38- 1993 to third reading and
23 read by title only, second by Councilmember Parker and carried by a unanimous voice vote.
24
25 The Clerk read Ordinance No.38-1993 on third reading.
26
27 Ordinance No.38-1993 was adopted on the following call of the roll:
28
29 Ayes:Elstro, Brookbank, Donat, McBride, Parker,Allen, Dickman, Hutton and Lundy(9)
30 Nays:None
31
32 ORDINANCE NO.39-1993
33
34 The Clerk read Ordinance No. 39 - 1993 - AN APPROPRIATION ORDINANCE AMENDING THE 1993
35 BUDGET
36
37 WHEREAS Common Council of the City of Richmond, Indiana, adopted a budget for calendar year 1993,
38 and
39
40 WHEREAS Common Council has determined it is necessary to transfer money from one major budget
41 classification to another within a department or office, and
42
43 WHEREAS the transfer does not require the expenditure of more money than the total amount set out in the
44 budget as finally determined under Indiana Code 6-1.1 and
45
46 WHEREAS this transfer may be made under Indiana Code 6-1.1-18-6 without notice and without the
47 approval of the State Board of Tax Commissioners,
48
49 NOW THEREFORE, be it ordained by the Common Council of the City of Richmond, Indiana, that the 1993
50 budget be amended as follows:
51
52 A.General Fund-Board of Works
53 1. Delete$3,000.00 for Other Contractual Services
54 No. 101-1-6-601-3-3990
55 2.Add$3,000.00 for Other Supplies
56 No. 101-1-6-601-2-2410
57
58 In explaining the ordinance at the request of President Lundy, Milligan said the supervision of the building
59 maintenance personnel was transferred to the Department of Administration in the 1993 budget year but the
60 supplies they use were inadvertantly left out of the Department of Administration budget. This is money, he
61 said, which was in the Board of Works budget which is being transferred to the category and their supplies
62 will be purchased out of the Board of Works budget. Councilmember Elstro said it seemed like a transfer
63 within the 1993 budget was taking place at almost every meeting, adding that Council usually gets those in
64 November and December. Milligan repeated his explanation, adding that all salary and benefits were
65 transferred to the Department of Administration budget.
252
Common Council Minutes Cont'd
May 18, 1993
Page 4
Heretofore, Milligan said,one of the individuals mentioned had been in the police department budget and the
other in the controller's office. Their supplies and materials have always been carried in the Board of Works
budget. He said it was a mistake that was made in preparation of the budget. Councilmember McBride said
he believed Council needs to make allowances for changes in the administration and the new personnel. He
added that everybody is subject to errors, and it seems that the administration is trying to correct this and
get it back in line.
Councilmember Brookbank moved to suspend the rules and advance Ordinance No. 39 - 1993 to second
reading and read by title only,second by Councilmember McBride and carried by a unanimous voice vote.
1
1The Clerk read Ordinance No.39-1993 on second reading.
i1
1 President Lundy declared Ordinance No.39- 1993 on public hearing.There being no comments either for or
1 against the ordinance, Councilmember McBride moved for engrossment, second by Councilmember
1 Dickman and carried by a unanimous voice vote.
1
1 Councilmember Allen moved to suspend the rules and advance Ordinance No. 39 - 1993 to third and final
1 reading and read by title only,second by Councilmember Brookbank and carried by a unanimous voice vote.
1
2 The Clerk read Ordinance No.39-1993 on third reading.
2
2 Ordinance No.39- 1993 was adopted on the following call of the roll:
25'
24 Ayes:Elstro, Brookbank, Donat, McBride, Parker,Allen, Dickman, Hutton and Lundy (9)
25 Nays:None
25
27 Councilmember Allen moved to suspend the rules and read Ordinance No.40- 1993 on first reading by title
2 only,second by Councilmember Brookbank and carried by a unanimous voice vote.
2
3 ORDINANCE NO.40-1993
3
3- The Clerk read Ordinance No. 40 - 1993 - A SPECIAL ORDINANCE PROMULGATING A
3 NEIGHBORHOOD POLICY
3,
3- Councilmember McBride moved to place the ordinance into the Committee of the Whole, stating that it is
3: going to involve expenditures that have to be allocated and pertinent facts that should be discussed in a
3 committee meeting. He noted that the meeting will not be scheduled until after Councilmembers return from
3: their trip to the west coast.
3'
44 President Lundy added that the ordinance is a policy statement and was requested by David Fulton,
41 Chairman of the Neighborhood Policy Task Force of the Greater Richmond Progress Committee. She said it
4- was requested that the ordinance be referred to the Committee of the Whole, adding that it is the first of
many neighborhood policies which she understands will be presented to Council. She said it goes into great
detail, containing four or five pages, mentioning the things they would like to see happen in the
4 neighborhood.
4.
4 President Lundy announced that Ordinance No.40- 1993 will be placed into the Committee of the Whole.
46
49 Councilmember Brookbank moved to bring Ordinance No. 35 - 1993 out of the Committee of the Whole,
50 second by Councilmember Parker and carried by a unanimous voice vote.
5'
5 At the request of President Lundy, Milligan explained the proper procedures to follow. He said what has
5 been done is that Council has suspended the rules and placed it on second reading. He added that this is an
5 ordinance that a public hearing was conducted on in the May 3 meeting on first reading.Therefore, a motion
5 for passing on second reading moving it on into engrossment would be in order, or a motion to strike would
5 be in order and it would take six votes to strike it on second reading. However, if it is engrossed by a 5-4
51 vote then it can be stricken with five votes in favor of striking. He added that if it goes past second reading
58 Council could also suspend the rules and place it on third and final reading which would take a unanimous
59 consent,then it could be disposed of through a roll call vote which is normal procedure.
6
661
Councilmember Donat asked if it was possible to make an amendment and Milligan answered in the
affirmative. President Lundy said she had called all Councilmembers to get their opinions on what they
6 wanted to do and the consensus was that they would like to have it amended.That meant,she said, Council
6, would go ahead in a normal manner, move the ordinance to second, add amendments and act on them with
6- the outcome the same as it would be with any ordinance.
253
Common Council Minutes Cont'd
MayIS, 1993
Page-5
1 Councilmember Parker moved to amend the ordinance substituting the word "Council" in place of "Mayor,"
2 making the reading under item No. 2: " a Board of Directors consisting of five persons who are residents of
3 the City and who are appointed by the Council .. ."with a second by Councilmember Hutton.
4
5 President Lundy reminded Councilmembers that the Mayor has already indicated he is going to veto the
6 ordinance,adding that she really didn't know what difference it made as to what it says because it is going to
7 be vetoed anyway.
8
9 The amendment was adopted on the following call of the roll:
10
11 Ayes: Elstro, Donat, Parker, Hutton and Lundy(5)
12 Nays: Brookbank, McBride,Allen and Dickman (4)
13
14 Councilmember Elstro made a motion to re-word the ordinance that Councilmembers received from the firm
15 of Ice Miller Donadio & Ryan and act on it. Milligan pointed out that the only ordinance in that packet
16 received by Council was an ordinance to approve a lease between a currently non-existing cable
17 corporation, a not-for-profit corporation,that is not created and for a lease that has not been negotitated with
18 the City.
19
20 Councilmember Hutton moved for engrossment of Ordinance No. 35 - 1993, second by Councilmember
21 Brookbank and carried by a unanimous voice vote.
22
23 Councilmember Brookbank moved to suspend the rules and advance Ordinance No. 35 - 1993 to third and
24 final reading and read by title only, second by Councilmember McBride and carried by a unanimous voice
25 vote.
26
27 The Clerk read Ordinance No.35-1993 on third and final reading.
28
29 Councilmember Allen commented that she found some inconsistency in Councilmember Elstro's remarks
30 because at the May 3 meeting he had said he would like to know whether or not the mayor was going to veto
31 the ordinance so Councilmembers could just forget it. She added that if that be the case she did not know
32 why Council was even going through this process tonight. Councilmember Elstro responded that it was to
33 make a point as to who is for the ordinance and who is against it, adding that it would be in writing.
34
35 Ordinance No.35-1993 was adopted on the following call of the roll:
36
37 Ayes: Elstro, Donat, Parker, Hutton and Lundy(5)
38 Nays: Brookbank, McBride,Allen and Dickman (4)
39
40 ORDINANCES ON SECOND READING
41
42 There were none.
43
44 ORDINANCES ON THIRD READING]
45
46 There were none.
47
48 OLD BUSINESS
49
50 Councilmember Elstro requested that on any rezoning ordinance that the peitioner's name be included on the
51 paperwork received by the Councilmembers in their packets. He also requested that it be noted on the
52 agenda of each meeting the ordinances which are in Planning and/or Committee of the Whole.
53
54 MISCELLANEOUS BUSINESS
55
56 Councilmember Hutton noted that Jane Silver has resigned from the Police Merit Commission because she
57 will be out of the country for six months. She made a motion to appoint Sandi Davis to finish Silver's term,
58 second by Councilmember Parker and carried by a unanimous voice vote.
59
60 ADJOURNMENT
61
62 There being no further business,on a motion duly made, passed and seconded the meeting was adjourned.
63
64
65
Etta J. Lundy,President
ATTEST:
Norma Carnes, City Clerk
254