HomeMy Public PortalAbout02-16-1993 213
PROCEEDINGS OF THE COMMON COUNCIL OF THE
- C-I-T-Y-GF-RIC-HMOND.INDIANA:FEBRIJAR-Y-1-6:-1993- - -
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1 The Common Council of the City of Richmond, Indiana met in regular session at 7:30 p.m. Tuesday,
2 February 16, 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 PRAYER- COUNCILMEMBER DONAT
9
10 ROLL CALL
11
12 APPROVAL OF MINUTES OF FEBRUARY 1.1993
13
14 Councilmember McBride made a motion to approve the minutes of the February 1, 1993 meeting as
15 prepared,seconded by Councilmember Hutton and carried on a unanimous voice vote.
16
17 COMMUNICATION FROM THE MAYOR
18
19 Mayor Roger Cornett expressed his appreciation to the city employees, especially those with the street
20 division and park department, for their quick action in taking care of the problems caused by the heavy
21 snowfall which occurred Monday night.
22
23 President Lundy recognized members of Boy Scout Troop 117 and their scoutmaster, George Sowers. She
24 noted that their appearance was in conjunction with the work they are doing to earn their merit badges.
25
26 PRESENTATIONS OF REMONSTRANCES, PETITIONS AND MEMORIALS.
27
28 Chairman Lundy reported that she had attended a meeting on beautification which was conducted at Indiana
29 University East by Beverly Green Norwood, member of the Raleigh, N.C. beautification committee. She
30 added that Norwood listed 11 points to follow if this community wanted to form such a committee here.
31
32 The Chairman also noted that the Neighborhood Resource Generation Project Committee had invited all
33 Enterprise Zone residents to attend a meeting at 6:30 p.m. Wednesday at the First Christian Church, 100
34 South 10th Street. Discussion will include neighborhood crime prevention.
35
36 REPORT FROM CITY DEPARTMENTS
37
38 None presented.
39
40 REPORT FROM OTHER OFFICES
41
42 None presented.
43
44 REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY
45
46 Minutes of the January 28 and February 4 meetings were included in the Councilmembers'packets.
47
48 Councilmember Hutton said she had received numerous calls about the property on Southeast Parkway that
49 was rezoned several years ago, stating that it was in the agreement that bumper strips and sidewalks be
50 added. She said that hasn't been done and no development has taken place, but a house is being built and
51 neighbors are becoming concerned because the property is for sale now. Ernest Jarvis, Director of Public
52 Works,said he would look into it.The property,she said, is owned by David Jetmore.
53
54 Councilmember Parker asked if anything had been done about the letter of intent received by the Board of
55 Works from the Richmond Power & Light Board. City Controller Dennis Grimes responded that members
56 had not acted upon the request. City Attorney Thomas Milligan said that Board of Works members will be
57 receiving all of the items regarding the issue at their meeting Thursday morning but it will not be on the
58 agenda. He added that it would be scheduled for a future meeting but did not have any idea at this time
59 exactly when that would be.
60
61 REPORTS FROM STANDING COMMITTEES
62
63 Councilmember Hutton brought attention to the memo each of the Councilmembers received from Mark
64 Gasche, Parks and Recreation Superintendent, inviting them to tour the parks and facilities Saturday, March
65 6. She said she felt it would be beneficial to all of them and since that department is working on an update of
the Master Plan it would present an opportunity for Councilmembers to have an input.
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Common Council Minutes Cont'd
February 16, 1993
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REPORTS FROM SPECIAL COMMITTEES
None •
REPORTS FROM OTHER COUNCIL COMMITTEES
None
1 ORDINANCES
1
1. ORDINANCES ON FIRST READING
1
1• Councilmember Brookbank made a motion to suspend the rules and read on first reading by title only
1 Ordinances No. 13, 14, 15, 17 and 18 - 1993, second by Councilmember Hutton and carried by a
1 unanimous voice vote.
1
1: ORDINANCE NO.13-1993
1°
20 The Clerk read Ordinance No. 13 - 1993 - A SPECIAL ORDINANCE AMENDING THE ZONING MAP AT
2 2301 CHESTER BOULEVARD
2
2 President Lundy announced the ordinance would go to the Planning Commission.
20
2 ORDINANCE NO.14-1993
2°
2 The Clerk read Ordinance No. 14- 1993 - A SPECIAL ORDINANCE AMENDING THE ZONING MAP AT
2: 2100,2104,2112 AND 2116 CHESTER BOULEVARD
2°
3o President Lundy announced the ordinance would go to the Planning Commission.
3
3 ORDINANCE NO.15-1993
3
3, The Clerk read Ordinance No. 15 - 1993 - A SPECIAL ORDINANCE AMENDING THE ZONING MAP AT
3 3641 EAST MAIN STREET
3,
3 President Lundy,announced the ordinance would go to the Planning Commission.Responding to a question
3: posed by Councilmember Elstro about the absence on the agenda of Ordinance 16 - 1993, Milligan said
3° that ordinance is a vacation ordinance and because it is necessary to have a 10-day notice period in the
4: Palladium-Item, it will be introduced at the next meeting. He added that it deals with the vacation of a
4 sidewalk.
4
4 ORDINANCE NO.17-1993
The Clerk read Ordinance No. 17 - 1993 - A SPECIAL ORDINANCE AMENDING THE ZONING MAP AT
4- 1824,1826 AND 1828 CHESTER BOULEVARD
4'
4: President Lundy announced the ordinance would go to the Planning Commission.
4°
50 ORDINANCE.NO.18-1993
5
5 The Clerk read Ordinance No. 18 - 1993 - AN APPROPRIATION ORDINANCE AMENDING THE 1993
5 BUDGET
54
5 President Lundy announced that this ordinance could go all the way tonight and asked Milligan for an
5. explanation. Milligan said it deals with three different funds and is an intercategory transfer which means the
5 funds are within the departments. It deletes$5,100 from the insurance in the public transit funds and places
5: it in the laundry and dry cleaning category. He said the purpose is to allocate money to where the cost
5° experience indicates it should be, adding that insurance rates went down as a result of Wayne County
6: Insurance Service handling the account which enabled the funds to be moved.
6
6' The second item deleted $1,000 from the other contract services category in the General Fund in the
6: Department of Planning and Redevelopment and moved it into the category'of other office supplies. He said
6, materials were needed for the preparation of the Master Plan document and other overhead expenses. The
6. third is in"the Aviation Fund and'no tax monies are involved. It is to cover excise taxes on aviation fuel,
moving$2,000 from the aviation fuel purchase account to the excise taxes.
215
Common Council Minutes Cont'd
February 16, 1993
I'-age_3
1 Councilmember Brookbank moved to suspend the rules and advance Ordinance No. 18 - 1993 to second
2 reading and read by title only,second by Councilmember McBride and carried by a unanimous voice vote.
3
4 The Clerk read Ordinance No. 18-1993 on second reading.
5
6 President Lundy announced the ordinance on public hearing.There being no comments either for or against
7 the ordinance, Councilmember Elstro moved for engrossment, second by Councilmember Hutton and carried
8 by a unanimous voice vote.
9
10 Councilmember Elstro moved to suspend the rules and advance Ordinance No. 18 - 1993 to third and final
11 reading and read by title only,second by Councilmember McBride and carried by a unanimous voice vote.
12
13 The Clerk read Ordinance No. 18-1993 on third reading.
14
15 Ordinance No. 18-1993 was adopted on the following call of the roll:
16
17 Ayes: Elstro, Brookbank, Donat, McBride,Parker,Allen, Dickman, Hutton and Lundy
18 Nays:None
19
20 ORDINANCES ON SECOND READING
21
22 ORDINANCE NO.11 -1993
23
24 In a letter read by Councilmember McBride, Captain Danny McClure, head of the Traffic Safety Division of
25 the Richmond Police Department, said he had investigated the area around Richmond High School where
26 Frank Spurlock of 107 South West F Street had mentioned in the Feb. 11 Committee of the Whole meeting
27 that parking problems existed for residents in the area. McClure said he had talked with Vagas Ferguson,
28 RHS Athletic Director, and was assured that steps would be taken to help resolve the evening hour problems
29 experienced by the residents. He said he will request that all athletic participants park in the parking lot and
30 will see that the south gate leading into the tennis courts is locked, discouraging parking on the south side.
31 Also, he will request that the buses transporting students use the South West D Street area.
32
33 Councilmember McBride said he felt that this action on Ferguson's part will help alleviate some of the
34 problems.He added that he doubts it will solve them all,but said he thinks it is a step in the right direction.
35
36 Councilmember McBride moved to adopt the ordinance as it now appears with the second reading
37 amendments. Milligan explained that it reflects one change which was made after the most recent Committee
38 of the Whole meeting. That appears on the second page and is 74.28-5A where the annual fee of $3 is
39 converted into 'a permanent fee. He explained that a $3 fee is to be paid when making the application and
40 there will be no need to renew it year after year. However, if a change of autos is made it would be necessary
41 to pay another$3. Stickers issued to residents will contain the street address and the particular parking area
42 enabling the officer to tie that car to a street address in that vicinity. In response to a question by
43 Councilmember Parker about a possible grace period to purchase a sticker following the purchase of an
44 auto, Milligan added a sentence to section 74.28-5A giving the permit holder 15 days in which to acquire a
45 sticker. Councilmember McBride's motion was seconded by Councilmember Parker and it was carried by a
46 unanimous voice vote.
47
48 President Lundy declared Ordinance No. 11 - 1993 on public hearing. There being no comments either for or
49 against the ordinance, Councilmember Elstro moved for engrossment, second by Councilmember McBride
50 and carried by a unanimous voice vote.
51
52 Councilmember Elstro moved to suspend the rules and advance Ordinance No. 11 - 1993 to third and final
53 reading and read by title only,second by Councilmember McBride and carried by a unanimous voice vote.
54
55 The Clerk read Ordinance No. 11 -1993 on third reading.
56
57 Ordinance No. 11 - 1993 was adopted on the following call of the roll:
58
59 Ayes: Elstro, Brookbank, Donat, McBride, Parker,Allen, Dickman, Hutton and Lundy
60 Nays:None
61
62 ORDINANCES ON THIRD READING
63
64 None
65
216 ' •
Common Council Minutes Cont'd .
February 16, 1993 • .
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' Councilmember Allen requested that Ordinance No. 10 - 1993 be called up and made a motion to strike it.
She said that although she applauded Councilmember Donat's foresight:in bringing the smoking issue to
everyone's attention and her success in raising the consciousness to this issue,she felt there are already too
many ordinances on the books that are difficult, if not impossible, to enforce. She added that there are
already smoke-free public places and feels there will be more as time goes on. It is her feeling,she said,that
an action such as this should happen in the market place and not be mandated by the government.She said
she feels that even to require signage would be hard to enforce. Places that are smoke free are so
designated, she said, and as more and more adopt that plan they will post signs, but to require businesses
to post signs that say they allow smoking seems redundant. Councilmember Hutton interjected that she
1! assumed it had been decided in the Committee of the Whole meeting that the ordinance could be revised.
1 Councilmember McBride seconded the motion to strike the ordinance made earlier by Councilmember Allen.
1 President Lundy said she would hold the ordinance in the Committee of the Whole. However, Milligan said
16 the motion to strike the ordinance was an appropriate one,taking six votes of Council to pass it. Had it been
1 on second reading, he said, it would take only five votes.
1
1 In further discussion, Councilmember Elstro said he was under the impression what Councilmembers would
1 study the ordinance further in the Committee of the Whole before bringing it to the floor. The ordinance's
1$ sponsor, Councilmember Donat,said she was under the impression everyone had agreed in the Committee
1 of the Whole meeting to.keep.it there to allow Councilmembers to study it more. She read a letter she said
21 she had received from the owner of several restaurants, saying he was in agreement to limit or to do away
2 with smoking in public places. However, not wanting to risk possible business loss, he didn't want to be the
2 first to do it. He referred to an article which appeared in a restaurant business magazine which addressed
2 the issue of possible lawsuits perhaps stemming from a child having an asthmatic attack because of smoke
2 and it suggested that punitive damages could possibly be awarded.
2 .
2. Councilmember Donat also mentioned her attendance at a Leadership Wayne County meeting where
2, smoking was included in several topics chosen for discussion. She said everyone was very much interested
2: in the issue and talk centered around the benefits this ordinance would bring about. She added that she
2° thinks it is premature to take the ordinance out of the Committee of the Whole.
30
3 Prior to the vote, Milligan explained that a vote of "aye" would be in support of Councilmember Allen's
3 suggestion,and a"nay"vote would leave it in the Committee of the Whole.
3
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3• The motion was defeated with the following call of the roll:
3•
3° Ayes:Brookbank, McBride,Allen and Dickman (4)
3 Nays:Elstro, Donat, Parker, Hutton and Lundy(5)
3:
3° President Lundy asked Councilmember McBride to seta date for the next Committee of the Whole meeting.
40
4 MISCELLANEOUS BUSINESS
4
4 Councilmember Hutton moved to appoint the Rev. Robert Hearn to replace James Murray on the Human
44 Rights Commission, second by Councilmember Elstro _and carried by a unanimous voice vote.
Councilmember Brookbank made a motion that Council accept the resignation of Olin Moore from the
4' Human Rights Commission,second by Councilmember Parker and carried by a unanimous voice vote.
4
4 Councilmember Hutton made a motion to appoint Libby Hansel to the Enterprise Zone Board filling the
4 vacancy left by the resignation of Joni Martin, second by Councilmember Allen and carried by a unanimous
5 voice vote.
5
5 ADJOURNMENT
5 •
5 There being no further business,on a motion duly made,seconded and passed,the meeting was adjourned.
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5 - •
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5 • .
5 . - Etta J. Lundy, President
6 • -
64
65 ATTEST: .
Norma Carnes,City Clerk -
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