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Home My Public Portal About03-15-1993 223 PROCEEDJNGS OETHE-COMMON COUNCIL OF THE CIT-Y-OF-RICHMOND-INDIANA.MONDAY—MARCH 15. 1993 1 The Common Council of the City of Richmond, Indiana met in regular session at 7:30 p.m. Monday, March 2 15, 1993, in the Council Chambers in said City. President Lundy presided with the following 3 Councilmembers present: Elstro, Brookbank, Donat, McBride, Parker, Allen, Dickman and Hutton. The 4 following business was had to-wit: 5 6 PLEDGE OF ALLEGIANCE 7 8 DEVOTIONS BY COUNCILMEMBER PARKER 9 10 ROLL CALL 11 12 Nine present. 13 14 APPROVAL OF MINUTES OF MARCH 1.1993 15 16 Councilmember.McBride moved to approve the minutes of the previous meeting as prepared,seconded by 17 Councilmember Parker and by unanimous voice vote the motion was carried. 18 19 PRESENTATIONS OF REMONSTRANCES.PETITIONS AND MEMORIALS 20 21 None presented. 22 23 REPORTS FROM CITY DEPARTMENTS 24 25 Police Chief Dennis Rice reported to the Board that he had distributed copies of the 118-page 1992 annual 26 report from the Richmond Police Department to each member and invited their questions or comments. 27 28 COMMUNICATIONS FROM THE MAYOR 29 30 None presented. 31 32 REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY 33 34 Minutes of the February 25 and March 4 meetings were placed in Council packets. 35 36 Councilmember Elstro directed his comments to Janet Hibner of the Department of Law about letters 37 received signed by people living on Boston Pike about the junk cars and trucks at the old Riley School. 38 Hibner said the City has petitions on file on each of the businesses.Councilmember Elstro also questioned if 39 any action had been taken about the problem in the 500 block of the old mobile home park on South Q 40 Street. Hibner said the problem was being evaluated and she had experienced difficulty in contacting the 41 individual owners. She noted that of the three properties in the Riley area,one pays city taxes and the other 42 two are outside the city limits,governed by the zoning ordinance. 43 44 REPORTS FROM OTHER OFFICES 45 46 REPORTS FROM SPECIAL COMMITTEES 47 48 REPORTS FROM STANDING COMMITTEES 49 50 REPORTS FROM OTHER COUNCIL COMMITTEES 51 52 None were presented. 53 54 ORDINANCES 55 56 ORDINANCES ON FIRST READING 57 58 Councilmember Brookbank moved to suspend the rules and read by title only Ordinances No.21,22 and 23 59 -1993 on first reading,second by Councilmember McBride and carried by a unanimous voice vote. 60 61 ORDINANCE NO.21 -1993 62 63 The Clerk read on first reading by title only Ordinance No. 21 - 1993 - A SPECIAL ORDINANCE 64 AMENDING THE ZONING MAP AT 2105 AND 2109 CHESTER BOULEVARD 65 President Lundy announced Ordinance No.21 -1993 would go to the Planning Commission. 24 Common Council Minutes Cont'd March 15,1993 Page 2 • • • 1 ORDINANCE NO. 22-1993 ' The Clerk read on first reading by title only Ordinance No. 22 - 1993 - A GENERAL ORDINANCE AMENDING THE TEXT OF THE ZONING ORDINANCE BY ADDING MINI -WAREHOUSES TO THE LIST OF PRINCIPAL PERMITTED USES IN THE C-2 COMMERCIAL DISTRICT • President Lundy announced Ordinance 22-1993 would go to the Planning Commission. • ORDINANCE NO.23-1993 10 1 The Clerk read on first reading by title only Ordinance No. 23 - 1993 - A GENERAL ORDINANCE 1- AMENDING SECTION 94.03 OF THE RICHMOND CODE, COMMONLY KNOWN AS THE WEED 1 ORDINANCE 1- Councilmember McBride moved to suspend the rules and move Ordinance No.23- 1993 to second reading 1; and read by title only,second by Councilmember Brookbank and carried by a unanimous voice vote. 1 1: City Attorney Thomas Milligan explained that the ordinance is an update of the existing weed ordinance. He 1• said since the State Legislature revised the procedures in. 1991, this is to update the City's current weed 20 ordinance to make it more effective. 2 2- The revised procedures eliminate the need for notification by registered or certified mail and a 10-day 2 waiting period.One notification places the property owner on notice the entire summer making it possible to 2, send the City's own personnel or private contractor and if the individual fails to pay, the City can file a lien 2- with the County Auditor and it is collected as delinquent taxes. Under the 1991 act, Milligan said, the City 2: may charge a reasonable service fee for administrative costs involving those procedures and if it is 2 necessary for the City to pay the money out front,the City Controller issues a bill to the property owner and 2: a$20 administrative fee is added for the extra cost to the City for that specialized problem. He added that if 2• the property owner does not pay the bill, after 45 days without response,the Department of Law will certify 31 the bill to the County Auditor and it will be placed on the tax duplicate at a cost of an additional$20. 3 3 Milligan said if Council adopts the ordinance it will be posted and advertised because of charges imposed on 3 property owners and.then 30 days after it is published it will become effective. He added that the timing 3, coincides-with the month of May and first part of June when Hibner is inundated with weedy lot calls and it is 3 also an attempt to follow Mayor Cornett's wish in targeting those lots ahead of time and get on them and cut 3° down on the amount of calls received. He noted that this is an ordinance that gives the City the latest tools 3 provided by the State Legislature. Responding to Councilmember Parker, Milligan said the source of the 3: most up to date address of a property owner is the County Treasurer's office. 3• 4o President Lundy declared Ordinance No. 23 - 1993 on public hearing. There being no comments either for 4 or against, Councilmember McBride moved for engrossment, second by Councilmember Parker and carried 4 by a unanimous voice vote. - Councilmember Brookbank moved to suspend the rules and advance Ordinance No. 23 - 1993 to third reading and read by title only,second by Councilmember McBride and carried by a unanimous voice vote. 4° 4. The Clerk read Ordinance No.23-1993 on third reading. 4: 4° Ordinance No.23-1993 was adopted on the following call of the roll: 50 5 Ayes:Elstro, Brookbank, Donat, McBride, Parker,Allen, Dickman,Hutton and Lundy(9) 5- Nays:None 5• 5' ORDINANCES ON SECOND READING 5 5. ORDINANCE NO. 10-1993 • 5 5: The Clerk read Ordinance No. 10 - 1993 - (2nd READING AMENDMENT) A GENERAL ORDINANCE 5° REGARDING ENVIRONMENTAL TOBACCO SMOKE IN PUBLIC ACCOMMODATIONS 60 6 The Clerk read Ordinance No. 10-1993 on second reading. - 6 • 6 • 6, • _ 6•• • • • • • • 225 Common Council Minutes Cont'd March 15, 1993 Page_3 1 President Lundy announced that Ordinance No. 10 - 1993 had been in the Committee of the Whole for two 2 different sessions. Councilmember Donat noted that when she, Councilmember Allen and Councilmember 3 Parker worked on revisions for the ordinance they included a section in which it was stated that signs would 4 be made available by the City through the City Controller's office. Milligan responded that he had deleted that 5 section because he felt that providing their own signs would cause businesses less inconvenience and 6 hassle. Councilmember Donat commented that she feels Ordinance No. 10 - 1993, with its Second Reading 7 Amendment, is very fair to everyone. Councilmember Parker noted that two-inch lettering was more than 8 what was needed for the signage and moved to accept the Ordinance but striking the stipulation that the 9 lettering measure two inches,second by Councilmember Hutton and carried by a unanimous voice vote. 10 11 President Lundy declared Ordinance No. 10- 1993 on public hearing. 12 13 No comments were made in favor. 14 15 Manfred Schreyer, a business owner, said he opposed the ordinance for the simple reason he opposes 16 regulations by government on such things as this, noting that it starts with smoking, then perfume, etc. He 17 said he immigrated to the United States in 1984 from West Germany where regulation is much stronger than 18 it is here. 19 20 Dana Weigle, a business owner, said his concern was that Council was telling businesses what they should 21 and should not do. His recommendation was to table the issue and investigate all the legalities that need to 22 happen to protect everyone. 23 24 Councilmember McBride moved for engrossment, second by Councilmember Parker and carried by a 25 unanimous voice vote. 26 27 Councilmember McBride moved to suspend the rules and advance Ordinance No. 10-1993 to third and final 28 reading and read by title only,second by Councilmember Hutton and carried by a unanimnous voice vote. 29 30 The Clerk read Ordinance No. 10- 1993 on third reading. 31 32 Councilmember Allen commented that she sees more and more businesses complying to smoking and 33 non-smoking issues and hates to see government mandate even to have them put up a sign. 34 35 Ordinance No. 10-1993 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 MISCELLANEOUS BUSINESS 41 42 President Lundy placed the name of the Rev. Robert Hunter in nomination to fill the unexpired term of Olin 43 Moore on the Human Rights Commission, second by Councilmember Hutton and carried by a unanimous 44 voice vote. 45 46 ADJOURNMENT 47 48 There being no further business,on a motion duly made,seconded and passed,the meeting was adjourned. 49 50 51 52 53 54 55 56 Etta J. Lundy, President 57 58 59 60 61 62 63 ATTEST: 64 Norma Carnes,City Clerk 65 226