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HomeMy Public PortalAbout05-18-1992 ; 115 PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA, MONDAY, MAY 18, 1992 1 The Common Council of the City of Richmond, Indiana met in regular session at 7:30 p.m. Monday, May 18, 2 1992, in the Council Chambers in said City. President Elstro presided with the following Councilmembers 3 present:Lundy, Brookbank, Donat, McBride, Parker,Allen, Dickman and Hutton.The following business was 4 had to-wit: 5 6 PLEDGE OF ALLEGIANCE 7 8 POLL CALL 9 10 Nine present. 11 12 PRAYER 13 14 Councilmember Brookbank gave the prayer. 15 16 APPROVAL OF MINUTES OF MAY 4.1992 17 18 Councilmember McBride moved to approve the minutes of the previous meeting as prepared, seconded by 19 Councilmember Brookbank and on unanimous voice vote the motion was carried. 20 21 PRESENTATIONS OF REMONSTRANCES, PETITIONS AND MEMORIALS 22 23 None were presented. 24 25 REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY 26 27 No report other than the written account of the minutes from previous meetings. However, Don McBride 28 addressed the deplorable condition of the railroad track at the North West L Street crossing, suggesting that 29 hot mix could be used to make it a smoother crossing. City Attorney Thomas Milligan assured him that Ernie 30 Jarvis,director of public works,was looking into the condition of all the railroad crossings in the city. 31 32 REPORTS FROM SPECIAL COMMITTEES 33 34 Councilmember Lundy reported that the Committee of the Whole had met and discussed Ordinance No. 27, 35 dealing with the open alcohol containers, and Ordinance No. 28, addressing the issue of the fireworks code 36 and those would be discussed during this meeting. 37 38 Councilmember Allen spoke as liaison between Animal Welfare and the Council, relating that the Animal 39 Welfare Board had checked with the City Controller's office which had been giving out applications to the 40 veterinarians so that the animal control $4 fee can be collected starting June 1. 41 - 42 REPORTS FROM STANDING COMMITTEES 43 44 Councilmember Brookbank reported that the Reid Hospital Board had agreed to hire an in-house counselor 45 for employees and their families who have problems. 46 47 REPORTS FROM OTHER COUNCIL COMMITTEES 48 49 None presented 50 51 ORDINANCES 52 53 ORDINANCES ON FIRST READING 54 55 Councilmember Brookbank moved to read on first reading by title only Ordinances No. 29 - 30 - and 31 - 56 1992. The motion was seconded by Councilmember Hutton and on unanimous voice vote the motion was 57 carried. 58 59 COMMUNICATIONS FROM THE MAYOR 60 61 Noting that he had overlooked comments from the Mayor on the agenda, President Elstro recognized Mayor 62 Cornett who addressed the issue of changing the name of Williamsburg Pike to Tom Raper Way. In his 63 10-minute talk, Cornett expressed concern over the negative reaction to naming the street to recognize Tom 64 Raper's contributions to the Richmond community. He said he was deeply disappointed at the reaction by 65 the 18 or 19 businesses affected and was dumbfounded about their cost projections because of the name change. 116 Common Council Minutes Cont'd May 18, 1992 Page 2 He noted his disappointment about creating unwanted publicity and also in the lack of business support for business. He added that this is not just about renaming a street but about resistance to change,selfishness, jealousy, anger and hatred. He commented on the history of how Richmond has treated its Mayors, giving them only a maximum of eight years in office and in the case of Charles Howell, only one year. He also • noted his disappointment with the local newspaper's reaction to the issues, saying that it chose to pursue sensationalism and criticism and has been consistent for years in printing stories that contribute to negative community reaction which feeds devisiveness. 1 In closing, Mayor Cornett said that elected officials have an obligation to repond to the community and the 1 community had spoken. He said he had been reminded many times in recent days that the Mayor is 1 supposed to act on the will of the people and it is the will of the people to keep the name Williamsburg Pike. 1 He added that he would execute the proper paperwork Tuesday, May 19,to restore that name to that street. 1 He apologized for the problems that the renaming has caused, saying his intentions have always been to I11 bring the citizens together, not drive them apart. As he concluded his comments the audience responded in loud applause. 17 1 ORDINANCE NO.29-1992 2 2 The Clerk read on first reading by title only Ordinance No. 29 - 1992 - A SPECIAL ORDINANCE 2 AMENDING THE 1992 SALARY ORDINANCE TO CREATE A HOUSING ADMINISTRATOR IN THE 2 DEPARTMENT OF ADMINISTRATION AND TO TRANSFER A POSITION FROM THE DEPARTMENT OF 2 LAW TO THE DEPARTMENT OF PLANNING AND REDEVELOPMENT. 2 2 In answer to Councilmember Hutton's question about a $5,000 salary difference, Milligan said the new 2 planning director position is at the top of the range of salaries and the other position is at the mid-point. The 2: other position is a brand new hire and the other individual is already employed at the top of the range. He 2° added that the duties of weights and measures have already been reassigned. Milligan said the planning 30 department can get along with four inspectors instead of five and will be recommending in the 1993 budget 3 to simply budget for four. Milligan said the uniformed police give assistance in looking for junk cars on the 3 streets. As a practical matter, Milligan said, the city has 5,000 fewer people which makes it possible to do 3 the job with one less inspector. 3, 3 Councilmember Hutton moved to advance Ordinance No. 29 - 1992 to second reading and read by title only, 3• second by Councilmember Brookbank and carried on a unanimous voice vote. 3 3 The Clerk read the ordinance on second reading. 3 4 President Elstro announced that Ordinance No. 29 - 1992 was on public hearing. With no comments in favor 4 or against, Councilmember McBride moved for engrossment, second by Councilmember Brookbank and 4 carried on a unanimous voice vote. 4 4 Councilmember Lundy moved to suspend the rules and advance Ordinance No. 29 - 1992 to third reading 4§ and read by title only, second by Councilmember McBride and carried on unanimous voice vote. 4 47 The Clerk read Ordinance No.29-1992 on third and final reading. 46 4$ Ordinance No. 29- 1992 was adopted on the following call of the roll: 54 5 Ayes:Lundy, Brookbank, Donat, McBride, Parker, Allen, Dickman and Hutton (8) 5 Nays:Elstro (1) 5 5 ORDINANCE NO.30-1992 5 5 The Clerk read Ordinance No. 30 - 1992 - AN APPROPRIATION ORDINANCE TO CARRY OUT THE 5 OBJECTIVES OF ORDINANCE NO.29- 1992 5 5 Milligan explained that the numbers pertain only to the new position, considering that Dana Leas is being 6' transferred from one postition to the other she will continue to be paid out of the original planning budget. 6 The new position requires an amendment of the 1992 budget, which calls for the appropriation ordinance. 6 6 Councilmember Hutton moved to advance Ordinance No. 30 - 1992 and to suspend the rules and read by 664 title only,second by Councilmember McBride and carried by unanimous voice vote. 117, Common Council Minutes Cont'd May18.,1992 Page-3 1 2 The Clerk read Ordinance No.30- 1992 on second reading. 3 4 President Elstro announced that Ordinance No.30-1992 was on public hearing. _ 5 6 Councilmember Parker moved for engrossment, second by Councilmember Hutton and carried on a 7 unanimous voice vote. 8 9 Councilmember Brookbank moved to suspend the rules and advance Ordinance No. 30 - 1992 to third and 10 final reading and read by title only, second by Councilmember McBride and carried on a unanimous voice 11 vote. 12 13 The Clerk read Ordinance No.30-1992 on third and final reading. 14 15 Ordinance No.30-1992 was adopted by the following call of the roll: 16 17 Ayes: Lundy, Brookbank, Donat, McBride, Parker,Allen, Dickman and Hutton (8) 18 Nays: Elstro(1) 19 20 ORDINANCE NO.31 -1992 21 22 The Clerk read Ordinance No. 31 - 1992 - A SPECIAL ORDINANCE AMENDING CHAPTER 154 OF THE 23 RICHMOND CODE COMMONLY KNOWN AS THE ZONING ORDINANCE 24 25 In answer to Councilmember Hutton's question about where the ordinance came from, Milligan explained that 26 it was the result of a request from a property owner, Dan Stiffler who operates a used car lot on South Ninth 27 Street which has been a legal non-conforming use. He is proposing to purchase property on the west side of 28 the street and in order to make that property legally usable for his used car lot it would have to be rezoned 29 from R -4 to C - 4. It will be up to the planning staff to give the recommendation. Milligan noted that the 30 Council is required by law to refer the ordinance to the?Planning Commission which will conduct a public 31 hearing on it May 26. 32 33 ORDINANCES ON SECOND READING 34 35 ORDINANCE NO. 26-1992 36 37 The Clerk read Ordinance No. 26 - 1992 -A SPECIAL ORDINANCE AMENDING CHAPTER 154 OF THE 38 RICHMOND CODE, COMMONLY KNOWN AS THE ZONING ORDINANCE 39 40 After some discussion it was determined that Ordinance No. 26 - 1992 is currently in Planning and will be 41 heard in public hearing May 26. 42 43 ORDINANCE NO. 27-1992 44 45 The Clerk read Ordinance No. 27 - 1992 - A GENERAL ORDINANCE PROHIBITING OPEN ALCOHOLIC 46 BEVERAGE CONTAINERS IN MOTOR VEHICLES 47 48 Councilmember Lundy reported that not that many people were present at the Council's Committee of the 49 Whole meeting on this ordinance which prompted a public hearing tonight hoping more people would be in 50 attendance and give public input. She explained that the ordinance prohibits an open alcoholic beverage 51 container in a car while it is moving. Councilmember Donat added that she feels the ordinance sends a clear 52 message not only to adults but to teenagers. She noted that two fatalities had occurred in 1991 which were 53 alcohol related. 54 55 Speaking in favor of Ordinance No. 27- 1992 was Major John Farmer of the Richmond Police Department 56 who spoke in a dual capacity, as a member of the RPD and member of the Wayne County Coalition. He said 57 he wholeheartedly supported the ordinance and was anxiously awaiting a positive vote from the Council. 58 59 Also speaking in favor of the ordinance was Clifford Wagner who stated that he started supporting this type 60 of ordinance 10 years ago, trying unsuccessfully to go through the State Legislature. He added that he had 61 spent his life in the automobile business and had seen the relationship of drinking and driving, noting that a 62 person doesn't have to be drunk to have a problem driving a car. He cited instances where individuals, after 63 long hours of work might stop and have two beers and start to drive home, perhaps having a legal blood 64 alcohol level but being relaxed and falling asleep at the wheel. He said he felt that drinking while driving is 65 certainly a problem that needs to be addressed by an ordinance and encouraged the Council to pass the ordinance and give police officers an opportunity to exercise their own judgments taking into consideration those cases where extenuating circumstances perhaps exist. 1L Common Council Minutes Cont'd May 18, 1992 Page- 1 Councilmember McBride moved for engrossment, second by Councilmember Parker. Milligan noted that he had prepared some second reading amendments as a result of the meeting of Committee of the Whole. He said he incorporated actual definitions, changed the citation of the penalty spelling out that the fine is payable to the City Clerk and put some of the enforcement language in to make the ordinance more enforceable. 6 Councilmember Donat made the motion that Council include the definitions as stated by Milligan, second by c Councilmember McBride and carried on a unanimous voice vote. 1C 1 Councilmember Lundy commented that State Representative Bodiker had sent a letter requesting Council 1 to act positively, adding that he had voted for the legislation and supported it in the State Legislature. 1 1 Councilmember Hutton moved to suspend the rules and advance Ordinance No.27- 1992 and read on third 1 and final reading and read by title only, second by Councilmember McBride and carried on a unanimous 1 voice vote. 17 1 The Clerk read Ordinance No.27-1992 on third and final reading. 1 2 Ordinance No.27-1992 was adopted on the following call of the roll: 2 2 Ayes:Lundy, Brookbank, Donat, McBride, Parker,Allen, Dickman, Hutton and Elstro (9) 2 Nays: None 2 2 ORDINANCE NO. 28-1992 2 2 i Councilmember Brookbank moved to table Ordinance No. 28 - 1992 regarding fireworks, second by 2 Councilmember Parker and carried on a unanimous voice vote. Councilmember Hutton asked what would 2 happen to it and Milligan suggested that it be kept on the agenda of the Committee of the Whole if that was 3 Council's wish. President Elstro directed Councilmember Lundy to confer with the city attorney. 3 3 ORDINANCES ON THIRD READING 3 3 ORDINANCE NO.12-1992 3 3 The Clerk read on third and final reading Ordinance No. 12 - 1992 -A SPECIAL ORDINANCE AMENDING 37 CHAPTER 154 OF THE RICHMOND CODE, COMMONLY KNOWN AS THE ZONING ORDINANCE 3 3 Milligan noted that Council members had copies of the restrictive covenants,the same that were used for the 4 Eastern Indiana Industrial Park that had been a successful development and had been adapted for this 4 industrial park. The location is immediately to the west with a 50-foot buffer strip for the residential uses on 4 further west. Milligan noted the passage of the ordinance would not create any wider latitude of usage than 4 the proposed industrial park. 4 4 Ordinance No. 12- 1992 was adopted on the following call of the roll: 4 4 Ayes: Lundy, Brookbank, Donat, McBride, Parker,Allen, Dickman, Hutton and Elstro (9) 4 Nays:None 4 5 5 ADJOURNMENT 5 5 There being no further business on a motion duly made,seconded and passed,the meeting was adjourned. 5 553 5"/ 5 5 Howard J. Elstro, President 6 6I 6 66 6 6 ATTEST: Norma Carnes,City Clerk